HomeMy WebLinkAboutAmend Zoning Ordinance in the Municipal Code Regulate and Restrict the Location of Trades, Callings, Industries, Commercial Enterprises and the Location of Buildings Designedt `
ORDINANCE No. 4990 -68
Passed by the Common Council of the City of South Bend, Indiana
March 1.1 rg68._
Presented by me to the Mayor of the City of South Bend,
Approved and signed by
Clerk
)f Common Council
Clerk
PLAINTIFF'S
EXHIBIT
u_-
IDEAL PRESS
T A B L E O F C O N T E N T S
Section
Page
1
Definitions. .
1
2
Use District Regulations . . . . . . . .
4A
3
"A" Residence District . . . . . . . . . . .
5
3A
"A -1" Residence District . . . .
6
3B
"A -2" Planned Residential Development
District . .
6
4
"B" Residence District . . . . . . . . . .
6B
4A
"C -1" Commercial District.
7
4B
"C -2" Planned Shopping Center District . . . .
8
5
"C" Commercial District. . . . . . . . .
13
6
"D" Light Industrial District. . . . . . . . .
15
7
"E" Heavy Industrial District. . . . . . . . .
16
8
Non - Conforming Uses. . . . . . .
17
9
Height and Area District Regulations . . . . .
17
10
"A" Height and Area District . . . . . . . . .
18
11
"B" Height and Area District . . . . . . . . .
20
12
"C" Height and Area District . . . . . . .
23
13
"D" Height and Area District . . . . . . . . .
24
14
"E" Height and Area District . . . . . . .
24
15
"F" Height and Area District . . . . . . .
25
16
"G" Height and Area District .
25
17
Height and Area District Exceptions.
26
17A
Exceptions To Land Use Ordinances. . . .
28
17B
Off Street Parking and Loading Facilities.
28A
18
Board of Zoning Appeals. . . . . . . . . . . .
29
19
Existing Certificates. . . . . . . . . . .
33D
20
Plats. . . . . . . . . . . . . . . . . . .
33D
21
Private Covenants. . . . . . . . . . . .
34
22
Boundaries of Districts. . . . .
34
23
Changes and Amendments
35
24
Violation, Penalty . . . . . . . . . . . . . .
36
25
Enforcement . . . . . . . . . . . . . . . . . .
37
26
Validity . . . . . . . . . . . . . . .
37
27
Repealer . . . . . . . . . . . . . . . . . .
37
28
Interpretation . . . . . . . . . . . . . .
37
29
When Effective
. . . . . . . . . . . . . . . .
37
Glfbilyl�NCt 1414j
ZONING ORDINANCE
AN ORDINANCE to regulate and restrict the location of
trades, callings, industries, commercial enterprises, and
the location of buildings designed for specified uses; to
regulate and limit the height of buildings hereafter,erected
or altered; to regulate and determine the area of yards and
other open spaces about buildings; to regulate and determine
the density of use of land and lot areas, and for'said pur-
poses to divide the city into districts and prescribe penal-
ties for the violation of its provisions and to provide for
its enforcement and a board of zoning appeals.
WHEREAS, the Common Council of the City of South Bend,
Indiana, deems it necessary, in order to conserve the value
of property in the city and to the end that adequate liftht,
air, conveniences of access and safety from fire and other
dangers may be secured, that congestion of the public streets
may be lessened or avoided, and that the public health,
safety, comfort, convenience, morals and general welfare may
otherwise be promoted in accordance with a well considered
and comprehensive plan for the use and development of all
property throughout the city, and
WHEREAS, this ordinance is substantially similar to
Ordinance No. 3702 of the City of South Bend, Indiana, commonly
known as the Zoning Ordinance of said city, which said ord-
inance was adopted on June 13, 1949, and which said ordinance
is hereby repealed, NOW THEREFORE,
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA THAT:
SECTION 1.
Definitions
For the purpose of this ordinance certain terms and
words are herewith defined.
Words used in the present tense include the future;
words in the singular number include the plural, and words
in the plural number include the singular; the word "build-
ing" includes the word "structure," and the word "shall" is
to be interpreted as mandatory, and not directory. Any words
not herein defined shall be construed in their generally
accepted meanings.
ACCESSORY BUILDING: A subordinate building, or part of main
building, the use of which is incidental to that of the main
building.
ALLEY: A public way, other than a street or public court
which affords secondary access to property.
2
APARTMENT HOUSE: A building or portion of a building de-
signed or used as a residence for three or more families or
households living independently of each other.
BASEMENT: 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.
BLOCK: A length of street from one intersecting street to
the next intersecting street. The property fronting on a
length of street between two streets which join or intersect
such length of street.
BOARDING HOUSE: A building other than a hotel, where lodg-
ing and meals are provided for five (5) or more persons for .
compensation.
BOARD: Board of Zoning Appeals.
BUILDING: A structure consisting of foundation, walls, floor
and roof enclosing space to be occupied.
BUILDING, HEIGHT OF: The vertical distance measured 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 gam-
brel 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.
BUSINESS: An enterprise involving selling, storing or pro-
cessing goods or commodities or the rendering of services.
BUSINESS, INDUSTRIAL: An enterprise engaged in the manufacture,
_. the processing of materials or the assembling of parts into
finished or semi- finished products; also the repair or recon-
ditioning 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.
BUSINESS, COMMERCIAL: A retail business selling to the public,
_ CERTIFICATE OF OCCUPANCY: A certificate issued by the Build-
ing Department authorizing an occupancy under the Zoning Law,
COMMERCIAL USE: See Business, Commercial.
COMIVIISSION: South Bend City Plan Commission.
COURT: An open, unoccupied space, other than a yard, on the
same lot with a building and which is bounded on two or more
sides by the building.
DWELLING: A building or portion thereof arranged or designed
to provide living facilities for one or more families. The
term "Dwelling" shall include a house trailer, but shall not
be deemed to include a motel, hotel, or automobile courts.
3
DWELLING, ONE FAMILY: A building designed for, or occupied
exclusively by one family.
DWELLING, TWO FAMILY: A building designed for, or occupied
exclusively by two families living independently and exclu-
sively of each other.
DWELLING, MULTIPLE FAMILY: See Apartment House.
FAMILY: One or more persons living in the same housekeeping
accommodations. One complete and separate dwelling unit..
FRONTAGE: The contact of abutting property with a street which
affords unobstructed access to the property.
GARAGE, PRIVATE: An accessory building with capacity for
storing not more than three motor vehicles, and used for stor-
age only.
GARAGE, PUBLIC: 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.
GRADE, ESTABLISHED: The elevation of the street grade in front
of a property as fixed by the engineering department of the
city.
HOTEL: A building in which lodging, with or without meals,
is provided and offered to the public for compensation, and
which is open to transient guests. Hotels include motels
and automobile courts, but do not include lodging houses and
tourist homes.
LODGING HOUSE: A dwelling in which more than two rooms and
less than eight (8) are let for hire, or more than five (5)
persons are given lodging for compensation.
LOT: A parcel of ground set apart by recognized boundary
lines, and having frontage upon a street.
LOT OF RECORD: A lot which is a part of a subdivision, 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 said County.
LOT, CORNER: A lot at the junction of two streets, with
frontage on two of its boundary lines.
LOT, INTERIOR: A lot with frontage on but one street.
LOT, THROUGH: A lot having frontage on two parallel or
approximately parallel streets.
LOT LINES: The boundary lines of a lot as herein defined.
MAJOR BUILDING: A building housing the principal occupancy
on a lot.
OCCUPANCY: The use to which a building or premises is de-
voted.
OCCUPATION, HOME: Personal services conducted in a home by
-• the occupant alone, not involving sales or display rooms.
PLACE: An open, unoccupied space, other than a street or
PAGE 4
alley, permanently reserved for purpose of access to abutting
property.
SETBACK: 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.
SUN - PARLOR: A glass enclosed porch.
STORY That portion of a building between the surface of any
floor and the surface of the floor above, or if there be no
floor above it, to the ceiling next above.
STORY, HALF: A story under a gable, gambrel or hip roof, the
wall plates of which on at least two opposite exterior walls,
are not more than two (2) feet above the floor of such story.
STREET: A public thoroughfare more than sixteen (16) feet
wide which affords the principal access to the abutting
property.
STRUCTURE: 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.
STRUCTURAL ALTERATION: Any change in the supporting members
of a building such as bearing walls, columns, beams or gir-
ders.
YARD: 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.
YARD, REAR: A yard extending across the full width of the
lot between the rear line of the building and the rear lot
line.
YARD, SIDE: Open space between the building and the side line
of the lot.
DWELLING UNIT: 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.
FLOOR AREA: 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 centerline of common walls. "Floor Area* shall
include floor openings for stair wells, elevator shafts, and
duct work, floor space used for mechanical equipment, open
or enclosed, penthouses, attic space having headroom of seven
feet -ten inches (7' -1011) or more, interior balconies, mezzanies
and enclosed porches, and covered floor areas devoted to
accessory uses. Basement floor area shall be included when
more than one -half (1/2) of the basement height is above
finished grade or when utilized as a dwelling unit or for
commercial or industrial purposes. "Floor Area" shall not
be included when used for off - street parking or unloading.
GROSS ACREAGE: All lands and open spaces included in a tract,
and one half (112) of all abutting streets, alleys and utility
easements.
PAGE 4A
PLANNED RESIDENTIAL DEVELOPMENT: 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 ordinance regarding
such developments.
OFF- STREET PARKING SPACE: 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.
USEABLE OPEN SPACE: Those spaces useable for outdoor recreational
living and household uses normally carried on out doors; which
are not devoted to non - household uses, vehicular use or parking;
which are open to the sky; which, if above grade, are structur-
ally sound and adequately surfaced and protected; and which
are- anragcihla -to- -all occupants of the dwelling unit or units
for whom the space is required.
SECTION 2.
Use District Regulations
In order to regulate and restrict the location of trades,
k callings, industries, commercial enterprises and the location
of buildings designed for specified uses, the City of South
' Bend is hereby divided into "Use Districts, ". of which there
shall be nine known as:
"A" Residence District
"A -1" Residence District
"A -2" Planned Residential Development District
"B" Residence District
"C -1" Commercial District
11C -2" Planned Shopping Center District
"C" Commercial District
"D" Light Industrial District
"E" Heavy Industrial District
PAGE 6
than 50 feet from any bounding lot or street
line. '
C. Off- street parking space is provided in the
ratio of one parking stall to each two patient
beds.
(11) No tractor- trailer combination vehicle or detached
trailer in excess of two tons capacity may be parked
upon any land or premises in an "A" Residence Dis-
trict.
SECTION 3 -A.
"A -1" Residence District
In the "A -1" Residence District buildings or premises
may be used, and buildings may be erected or structurally
altered for the following uses only:
(1) Any use permitted in the "A" Use District.
(2) Two family dwellings.
(3) No tractor - trailer combination vehicle or detached
trailer in excess of two tons capacity may be parked
upon any land or premises in an "A -1" Residence
District.
SECTION 3 -B
"A -2" Planned Residential Development District
In the "A -2" District lands and buildings may be used and
buildings erected or structurally altered for the following
use only: Planned Residential Developments, provided that an
exception permitting such use is granted by the Board of Zoning
Appeals under the provisions of Section 18 and further provided
that the following intent and requirements are complied with.
1. Intent: the intent of this section is to permit
more flexibility in a large -scale development thru land
use controls that foster good environmental design with-
out violating the constitutional requirements of uniform
classification and adequate standards; that permit planned
residential developments in accordance with the Comprehen-
sive Plan of the City; that permit a variety of housing
accomodations including single - family detached, two - family
and multi - family dwellings, and land uses in imaginative
and orderly physical and esthetic relationship to one
5
The City of South Bend is hereby divided into
districts, aforesaid, and the boundaries of such districts
are shown upon the map attached hereto and made a part of
this ordinance, being designated. as the "Use District Map"
and said map and all the notations, references, and other
things shown thereon shall be as much a part of this ordi-
nance as if the matters and things set forth by said map
were all fully described therein.
SECTION 3.
"A" Residence District
In the "A" Residence District buildings or premises may
be used, and buildings may be erected or structurally altered,
for the following uses only:
(1) One family dwellings.
(2) Churches.
(3) Libraries.
(4) Farming and truck gardening.
(5) Uses customarily incident to any of the above uses
and not involving the conduct of a business.
(6) Home occupation, office of physician, surgeon, den-
tist, when located in the dwelling place of such per-
son, provided no name plate exceeding one square
foot in area is used.
(7) Accessory buildings including one private garage
whether attached to the house or as a separate
building.
(8) Signs, not exceeding 8 square feet in area, apper-.
taining to the lease, or sale of a building or pre-
mises.
(9) Uses which are uncertain in their classification
under foregoing headings shall be reviewed by the
Board of Zoning Appeals and the interpretation of
said Board shall govern.
(10) Non - profit hospitals, which do not care for or treat
insane of feeble minded patients, epileptics, drug
addicts, or alcoholic patients and are not penal or
correctional institutions, provided that:
a. The lot to be so used is at least 4 acres.
b. No part of any building shall be located less
PAGE 6A
another; that permit the grouping and preservation of open
space, school sites, recreation areas and lands for other
public, semi - public (including churches) and private
purposes; that permit the development of an area rather
than individual lot development. No particular develop-
ment shall necessarily include all the requirements set
forth above.
The owner or holder of a written option to purchase land
for a Planned Residential Development, including a private
redeveloper under contract with the Redevelopment Commission
to acquire land by purchase may file a petition in accordance
with the following provisions:
2. General Requirements:
a. The tract proposed shall consist of one or more
contiguous parcels of land comprising an area of four
(4) acres or more in size, unless the tract be
bounded on all sides by public rights -of -way, public
lands, water courses, or less restrictive use districts,
in which case it may be smaller than four (4) acres.
b. The major use of the tract shall be residential,
and may include single family, two family, and multi-
family dwellings and the usual accessory uses such as
garages, storage space and community activities.
C. The tract may contain commercial and professional
uses as an integral part of a residential development;
but such uses shall be planned and gauged primarily for
the service and convenience of residents of the
Planned Development, and shall be authorized only to
the extent that such uses are not available to the
residents within a reasonable proximity.
d. Planned Residential Developments shall be designed
to create environments of stable and desirable
character; they must provide provisions for recreation
space adequate to meet the needs of the anticipated
population or as designated in the Comprehensive Plan.
e. The tract must be served directly by streets of
appropriate size, function, and capacity and all
buildings shall be served by public sewer and water.
Page 6B
SECTION 4
"B" Residence District
In the "B" Residence District no building or premises
shall be used and no building shall be erected, moved,
structurally altered, or enlarged, which is intended or
designed to be used in whole or in part other than for one
or more of the following specified uses:
(1) Any use permitted in the "A -1" Residence
District
(2) Anartment houses, boardinfT and lodging houses,
and tourist homes
(3) Institutions of an educational, philanthropic
or elemosynary nature.
(4) Nursing homes, public or private clinics,
principal offices of physicians or dentist,
provided no name plate exceeding one square
foot in area is used.
(5) Private clubs, lodges, fraternity and sorority
houses, social and recreational center buildings,
extent those whose chief activity is a service
customarily carried on as a business.
(6) Customary agricultural uses, extent farms
operated for the disoosal of refuse, garbage,
offal, fur, and stock farms.
(7) Accessory buildings customarily incidental to
any of the above uses when located on the same
lot.
(8) No tractor - trailer combination vehicle or
detached trailer in excess of two tons capacity
may be parked upon any land or premises in a
"B" Residence District.
Page 7
(9) Principal offices of attorneys, architects,
accountants, realtors, engineers and insurance
agents, provided no name plateexceeding one
square foot in area is used or exhibited.
However, except in cases where the subject pronerty has
been rezoned under the provisions of Section 40 -8 (Section 23)
of this ordinance, such use(s) shall only be permitted if so
authorized by the Board of Zoning Anneals as specified in
Article IV (Section 18) of this ordinance. A netition filed
before the Board under the provisions of this nara^raoh (9)
shall include a development nlan for the nronerty showing its
location, site improvements, traffic circulation pattern, and
any other essential improvements contemplated. In the event
the Board does annrove the petition, the annroval shall be
subject to the development plan as aooroved by the Board of
Zoning Appeals and such plan shall constitute a limitation
on the use of the nronerty.
SECTION 4 -A.
"C -1" Commercial District
In the "C -1" Commercial District buildings or premises
may be used and buildings may be erected or structurally
altered, for the following uses only:
(1) Any use permitted in the "B" Use District
extent one, two and multi - familv houses.
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
( (10)
(11)
(12)
Antique and gift shops.
Barber shop.
Beauty shop.
Book and stationery shop_.
Confectionery store
Drug; store
Florist shoo
Grocery, meat market.
Office building;
Buildin -s that are accessory to uses permitted
in this district.
Uses which are uncertain in their classification
under the foregoing headings shall be reviewed
by the Board of Zoning; Appeals and the interpre-
tation of the Board shall govern.
91
(13) Self- service laundry establishments, provided
a. Said use is located on a lot adjoining a
major thoroughfare as designated by the Major
Thoroughfare Plan for the City of South Bend.
b. Illuminated signs shall not have source of light
visible nor project intermittent or flashing
lights.
c. One improved off - street parking space shall be
provided on the same lot as the principal build-
ing for every three principal operating machines.
d. Before the issuance of a building permit the
proposed parking area and all proposed improve-
ments thereto shall be submitted to the Board for
approval. And the same shall be subject to any
reasonable conditions that the Board may impose.
(14) Banks.
(15) Laundry or dry cleaning pick -up stations.
SECTION 4 -B.
"C -2" Planned Shopping Center District
1, Intent. The intent of this section is:
(a) To establish a commercial district in which the uses and
regulations are restricted and in which traffic and
parking congestion is reduced to a minimum.
(b) To protect and preserve property values in the surround-
ing residential districts.
(c) That, insofar as possible, all commercial areas In newly
developed portions of the city shall take place in "C -2"
District.
2. Area. No "C -2" District shall contain less than three (3)
_. acres, however within the "C -2" district three (3) types of
shopping centers are delineated for the purposes of this
ordinance according to the floor areas occupied, as follows;
9.
TYPE GROSS LEASABLE AREA
Neighborhood Center Under 100,000 square feet
Community Center 100,000 - 300,000 square feet
Regional Center Over 300,000 square feet
The permitted uses and requirements for each type of shopping
center are outlined herein.
3. Conditions Precedent to Zoning District Change. No area shall
be zoned for "C -2" Use if there exists in the area sought to
be zoned any residential, commercial, industrial, or other use
which would be non - conforming under the terms of this section,
however, the area may be zoned, if the developer guarantees the
removal or discontinuance of the non - conforming use.
4. Permitted Uses
A. Neighborhood Center
1. Appliance Repair
2. Bakery (5 operating employees)
3. Banks
4. Barber Shop
5. Beauty Shop
6. Bicycle Sales and Repair
7. Books and Newspapers
8. Candy Store
9. Clothing and Clothing Accessories
10. Delicatessen
11. Dressmaker - Tailor
12. Dry Cleaners, pick -up and self - service (not more than
five operating employees)
13. Dry Goods
14. Drugs
15. Five and Ten -cent Store
16. Flower Shop
17. Gift Shop
18. Groceries
19. Hardware
20. Hobby and Toy Store
21. Ice Cream Parlor
22. Ice Storage (not more than 5 ton capacity)
23. Jewelry Sales and Repair
24. Key Shops
25. Laundromats, self - service (not more than 5
operating employees)
26. Laundry, pick -up (not more than 5 operating employees)
27. Magazines
28. Meat Market
29. Medical Clinics and Offices
10.
30. Milliner
31. Paint and Wallpaper Stores
32. Package Liquor
33. Photographic and Art Equipment
34. Radio -TV Service and Repair
35. Restaurants
36. Shoe Repair
37. Shoes
38. Sporting Goods (Primary use is sale of new equipment)
39. Stationery Store
40. Tobacco Products
41. Tools (Small tools rental and service store)
42. Variety and Drygoods Stores
43. Accessory buildings and uses customarily incidental
to any of the above uses.
B. Community Center
1. All uses permitted in Neighborhood Center, and,
2. Automobile Accessory Stores.
3. Cold Storage Lockers
4. Department Store
5. Discount Centers
6. Floor Covering Sales Rooms
7. Furniture Store (Primary use is sale of new furniture)
8. Garden Center and Patio Store
9. Home Appliances (Primary use is sale of new appliances)
10. Interior Decorating
11. Musical Instruments (Primary use is sale of new
instruments)
12. Office Supply (Primary use is sale of new office
equipment)
13. Offices, General
14. Photogr aphic Studio
15. Supermarket
16. Accessory buildings and uses customarily incidental
to any of the above uses.
C. Regional Center
1. All uses permitted in Neighborhood and Community
Centers and;
2. Auto Service Center
3. Bowling Alleys
4. Cocktail Lounges
5. Gasoline Sales and other Related Petroleum Products
6. Indoor Theatres
7. Accessory buildings and uses customarily incidental
to any of the above uses.
11.
6. District Width. Each "C -2" district shall have an average
width of not less than 200 feet, and no. boundary line shall be
less than 100 feet in length.
7. Parking Requirements. Off street customer parking spaces
71 thin t e 7= strict shall be provided in each type of center
in accordance with the following index-
Neighborhood Center - Eight (8) spaces per each 1,000 square
feet of gross leasable area.
Community Center - Seven (7) spaces per each 1,000 square
feet of gross leasable area.
Regional Center - Five and one half (5.5) spaces per each
1,000 square feet of gross leasable area.
For the purpose of the ordinance "GROSS LEASABLE AREA" shall
be a ine as: The ota loor areadesignea Tor 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.
The parking areas shall be reasonably landscaped with trees
and shrubs and shall conform to the following design standards:
A. Minimum Area.
Each off street parking space shall not be less than nine
(9) feet by twenty (20) feet.
B. Access.
Each required off street parking space shall open directly
upon an aisle or driveway of such width and design as to
provide safe and efficient means of vehicular access to such
parking space. All off street parking facilities shall be
designed with appropriate means of vehicular access to a
street or alley in a manner which will least interfere with
traffic movement.
C. Surfacing.
All open off street parking areas containing more than four
parking spaces shall be surfaced with a durable, dust -free
cement concrete or hot or cold bituminous concrete surface,
which meet or exceed minimum specifications prescribed by
the Board of Public tiorks and Safety.
11(a)
D. Drainage and Maintenance.
Off street parking facilities shall be graded so as to
prevent drainage onto abutting property and /or into the
public streets and alleys. Dry wells of a construction
capacity and design approved by the City Civil Engineer shall
be installed to collect all runoff water unless adequate storm
sewers or drainage ditches are available. Dry wells shall be
cleaned periodically so that they will collect the design
capacity of runoff water. These drainage provisions shall not
apply where a different method of disposing of said runoff
water is ordered by the Board of Public Works and Safety.
Parking areas shall be maintained in a clean and orderly
condition at the expense of the owner or lessee and not be
used for the sale, repair, or dismantling or servicing of any
vehicles, equipment, materials or supplies.
E. Lighting.
Any lighting used to illuminate off street parking areas
shall be directed away from residential properties in such
a way as not to create a nuisance.
F. Marking.
Parking spaces in facilities containing ten spaces or more
shall be marked by painted lines or curbs or other means to
indicate individual spaces. Such parking areas shall provide
bumper guards or curbs where parking spaces abut street right
of way lines. Signs or markers shall be used as necessary to
insure efficient traffic operation of the facility.
8. Loading Requirements. One off- street space for standing.loading
unloading shall be provided for each 25,000 square feet of
aggregate gross floor space for all buildings in this district.
Such space is defined as an area of appropriate dimensions at
least 50 feet in depth, 12 feet in width, with an overhang
clearance of not less than 14 feet, exclusive of access, platform,
or maneuvering area, to be used exclusively for the loading and
unloading of merchandise. All truck - loading and unloading facili-
ties shall be designed with appropriate means of truck access to
a street or alley as well as maneuvering areas. All such facili-
ties shall be suitably graded, drained, and surfaced.
9. Yards. No building shall be less than 50 feet or any parking
area less than 20 feet from any street right -of -way line.
11(b)
Neighborhood Center: For the purpose of providing a�buffer area
no OuildIng shall be less than 50 feet or any parking area less
than 20 feet from any property line which abuts a residential
zoning district.
Community Centers For the purpose of providing a buffer area
no building shall be less than 100 feet or any parking area less
than 30 feet from any property line which abuts a residential
zoning district.
Regional Center; For the purpose of providing a buffer area no
Su'ilding shall be less than 100 feet or any parking area less
than 30 feet from any property line which abuts a residential
zoning district.
All open space areas, excluding parking and access areas or
areas where structures are proposed, shall be reasonably land-
scaped and maintained. The Area Plan Commission may require
that shrubbery forming a permanent screen be maintained at not
less than six feet in height and in conformance with the pro-
visions of Section 40- 35 -(o) of the Municipal Code, along any
property line which abuts a residential zoning district.
10. Hei•ht Limits. No building shall exceed three stories or forty
I*eet In height.
11. Divided District. For the purpose of calculating the minimum
area, lot width, lot dimension, floor area ratio percentage of
lot covered by building, and yard requirements established by
this section, a single "C -2" district cannot lie on two sides
of a public street or alley. Any area designated "C -2" district
and lying on both sides of a public street or alley shall be
deemed to be two "C -2" districts, and all minimum requirements
shall be met by buildings on each side of said street or alley
as separate districts.
12. Sup orting Data Required. The proponents of a Planned Shopping
Center s all submit supporting data for review and tentative
approval of the Area Plan Commission, said supporting data
to include, but not be limited to, an economic analysis and a
traffic survey prepared by reputable analysts and a showing by
the proponents of financial responsibility to carry the proposal
to completion in full compliance with this section. If the area
is zoned "C -2", the proponents shall submit a development plan
which shall conform to the supporting data to the Area Plan
Commission for its approval or disapproval. In acting upon the
development plan the Commission may require additions, alterations,
or changes
12
to the development plan and details thereof as a pre-
requisite of approval. The Commission shall require,
in addition to the requirements of this section, pro -
visions for the following:
(a) Pedestrian and traffic safety, both within and
surrounding the Shopping Center.
(b) The separation of truck service from customer
traffic.
13. Issuance of Buildin Permit. No building permit shall
be issue unless the development plan has been given final
approval by the Commission and such approval marked or
stamped on said plan with the Commission's seal of appro-
val.
14. Revocation of Building Permit. Any person who fails to
commence construction of the Shopping Center within
twenty -four (24) months after the date of final approval
of the development plan or who fails to carry to com-
pletion 100 per cent (10070) of the development plan
within three (3) years after said final approval or
within two (2) years after construction is begun, which-
ever is later, or who fails to conform to the provisions
of the development plan shall be required by the Commis-
sion to show cause at a public hearing, duly advertised
in accordance with SECTION 23 of Ordinance No. 3702, why
such approval should not be withdrawn and any building
permit revoked.
15. Certificate of Occu anc . It shall be unlawful to use
Tr permit t e use o any building or premises or part
thereof, hereafter created; erected, changed, converted,
moved, altered or enlarged, wholly, or partly in its use
or structure, until a Certificate of Occupany shall have
been issued therefor by the Building Commissioner. No
Certificate of Occupancy shall be issued permitting the
use of a "C -2" District unless and until the development
plan, as approved and stamped by the City Planning Com-
mission, has been fully and finally accomplished and
completed.
16, Amendments to Development Plans. The developer of a Planned
_ Shopping Center in any C_2'rDistrict shall submit a
written request to the Commission for any change, altera-
13
tion, amendment, or extension to the development plan.
If, in the opinion of the Commission, the requested change
is sufficiently substantial to so warrant, the Commission
will hold a public hearing as prescribed under SECTION
23. If the Commission approves such change, it will
notify the Building Commissioner who shall issue a
building permit accordingly.
SECTION 5.
"C" Commercial District
In the "C" Commercial District buildings and premises
may be used, and buildings may be erected or structurally
altered for the following uses only:
(1) Any use permitted in the "C -1" Commercial District.
(2) Auto accessories stores.
(3) Automobile salesrooms.
(4) Aaoning and tent sales and service.
(5) Ballrooms.
(6) Bakeries with not more than five operating employees,
(7) Banks.
(8) Bicycle and appliance sales and repair.
- (9) Cleaning and dyeing plants with not more than five
operating employees.
(10) Clothing stores.
(11) Custom tailor shops.
(12) Department stores.
(13) Dry goods stores.
(14) Farm implement and supply stores, when stock is com-
pletely housed.
(15) Floor covering salesrooms.
(16) Fraternities, lodges and clubs.
(17) Furniture stores.
(18) Furnace sales and service, with stock completely
housed.
(19) Garage, public for storage, sale, repair and recon•
ditioning of motor cars, provided that no public
garage shall have an entrance or exit for motor
vehicles within fifty (50) feet of an entrance or
exit of a public or private school, playground,
public library, church, hospital, children's or
old people's home or other similar public or semi-
public institution.
14
(20) Gasoline stations.
(21) Greenhouses, for growing and. sales.
(22) Hardware stores.
(23) Hotels.
(24) Household outfitting stores.
(25) Ice storage, with not more than five (5) tons capa-
city.
(26) Industrial uses that are clearly incidental to a
retail business on the same premises.
(27) Jewelry sales and repair.
(28) Janitor's supply store.
(29) Kitchen equipment stores.
(30) Laboratories, medical and dental.
(31) Laundries, with not more than five (5) operating
employees.
(32) Leather goods stores.
(33) Letter service.
(34) Loan companies.
(35) Locksmith.
(36) Lumber sales; with stock entirely housed,
(37) Machine shop, with not more than five (5) operating
employees.
(38) Manufacturing or assembly shop with not more than
five (5) operating employees.
(39) Meat market.
(40) Mortuary.
(41) Moving picture theatre.
(42) Music store.
(43) News dealers.
(44) Newspaper plant.
(45) Office building.
(46) Office equipment and supplies.
(47) Paint, paper and glass stores.
(48) Photograph studios.
(49) Photographers' equipment, supplies and service.
(50) Plumbing and heating shops.
(51) Printing shops.
(52) Radio sales and service.
(53) Restaurants and taverns.
(54) Signs and billboards.
(55) Store fixture sales rooms.
(56) Theatres.
(57) Tire dealers, with all service housed.
(58) Tobacco stores.
(59) Upholstering shop.
(60) Used car sales lots.
7L.f 'i2 P J
15
(61) Variety stores.
(62) Veterinary hospital.
(63) Wholesale display and sales.
(64) Uses which are uncertain in
under the foregoing headings
the Board of Zoning Appeals
of said Board shall govern.
SECTION 6.
their classification
shall be reviewed by
and the interpretation
"D" Light Industrial District
In the "D" Light Industrial District buildings and pre-
mises may be used, and buildings may be erected or structurally
altered for the following uses only:
(1) Bakery.
(2) Blacksmith shop.
(3) Bottling plant.
(4) Building materials storage yard.
(5) Carting, express, hauling or storage yard.
(6) Contractors' plant and storage yard,
(7) Coal, coke, and wood yard.
(8) Dairy plant.
(9) Dyeing and cleaning plant.
(10) DelettAd- by Qtdinance No. 4660 -64,§ 1.
(11) Garage, public.
(12) Garment factory.
(13) Highway freight terminal.
(14) Ice manufacture and storage plant.
(15) Knitting and weaving plant.
(16) Laundry.
(17) Lumber yard.
(18) Machine shop.
(19) Milk distributing station.
(20) Plastic parts casting.
(21) Poultry killing and dressing.
(22) Public utilities.
(23) Refrigerating locker plants.
(24) Signs and billboards.
(25) Storage warehouse.
(26) Tool and die shop.
(27) Used car sales lots.
(28) Welding shops.
16
(29) Uses numbered 2 to 63 inclusive as permitted
in the "C" commercial district where the same
do not include one or two family units.
(30) Uses which are uncertain in their classifica-
tion under the foregoing headings shall be re-
viewed by the Board of Zoning Appeals and
their interpretation shall govern.
SECTION 7.
"E" Heavy Industrial District
7A Permitted Use:
In the "E" Heavy Industrial District buildings and pre-
mises may be used for any industrial purpose, not in conflict
with any ordinance of the City of South Bend or statutes of
the State of Indiana.
7B Uses Requiring Specific Approval of the Board of Zoning
Appeals:
Buildings and premises may be used for any of the following
industrial purposes, not in conflict with any ordinance of the
City of South Bend or the statutes of the State of Indiana,
when the location of such use shall have been approved by the
Board of Zoning Appeals after public hearing:
(1) Abattoir.
(2) Acid manufacture.
(3) Cement, lime, gypsum or plaster of paris maaufacture,
(4) Explosive manufacture or storage.
(5) Fertilizer manufacture.
(6) Garbage, offal or dead animal reduction.
(7) Glue manufacture, fat rendering or distillation of
_ bones.
(8) Junk yards, yards for wrecking automobiles, collec.
tion and storing of paper, rags, metals, or sundry
reclaimed materials.
(9) Petroleum refining.
- (10) Refuse dumps.
., (11) Smelting or reduction of copper and zinc or of iron
ore.
(12) Stock yards.
(13) Tannery.
17
SECTION 8.
Non - Conforming Uses
A. The lawful use of land existing at the time of the
passage of this ordinance, although such use does not con-
form to the provisions hereof, may-be continued, but if such
non - conforming use is discontinued, any future use of said
premises shall be in conformity with the provisions of this
ordinance.
B. The lawful use of a building existing at the time
of the passage of this ordinance may be continued, although
such use does not conform with the provisions hereof, and such
use may be extended throughout the building, provided no
structural alterations, except those required by law or ordi-
nance, are made therein. If no structural alterations are
made, a non - conforming use of a building may be changed to a
use permitted in the same use district as that which the
existing use is permitted or to a more restricted district
according to the provisions of this ordinance.
C. Whenever a use district shall be hereafter changed,
any then existing non- conforming use in such changed district
may be continued or changed to a use permitted in the same
use district as that in which the existing use is permitted,
provided all other regulations governing the new use are
complied with.
D. Whenever a non - conforming use of a building has
been changed to a more restricted use or to a conforming use,
such use shall not thereafter be changed to a less restricted
use.
SECTION 9.
Height and Area District Regulations
A. In order to regulate and limit the height of build-
ings hereafter erected or structurally altered; to regulate
and determine the area of yards, courts and other open spaces
about buildings, and to regulate and determine the intensity
of use of land and lot areas, the City of South Bend is hereby
M
divided into districts of which there shall be seven (7) known'as:
"A" Height
"B" Height
"C" Height
"D" Height
"E" Height
"F" Height
"G" Height
and
and
and
and
and
and
and
Area
Area
Area
Area
Area
Area
Area
District
District
District
District
District
District
District
B. The boundaries of such districts, shown upon the man
attached hereto and made a part of this ordinance, are hereby
established, said map being designated as the "Height and Area
District Map," and said map and all the notations, references and
other information shown thereon shall be as much a part of this
ordinance as if the matters and information set forth by said man
were all fully described herein.
C. Except as hereinafter provided no building shall be erected
or structurally altered except in conformity with the regulations
herein established for the height and area district in which such
building is located, subject, however, to such modifications as may
be imposed by the St. Joseph County Aviation Commission.
D. No lot area shall be so reduced or diminished that the
yards or open spaces shall be smaller than prescribed by this
ordinance, nor shall the area of any residential lot be reduced to
less than forty -eight hundred (4,800) square feet.
E. Except lots of record on June 13, 1949 no lot or parcel
of land shall be used for residential purposes, if said lot or
-- parcel is less than sixty (60) feet in width at the setback line
and less than six thousand (6,000) square feet in area.
SECTION 10.
"A" Height and Area District
In the "A" Height and Area District the height of building,
the minimum dimensions of yards and setbacks and the maximum lot
coverage shall be as follows:
Height: No building hereafter erected or structurally
altered shall exceed thirty -five (35) feet or two and
one -half (2 1/2) stories. See Section 17, (a) and (b).
W6
Rear Yard: There shall be a rear yard having a minimum
depth of twenty -five (25) feet. See Section 17, (g) and
(h).
Side Yard: Each lot shall have two side yards
LOTS OF RECORD ON JUNE 13 1949. On a lot of record on
June 13, 1949 there shall be a side yard on each side of
a principal building of not less than 5 feet in width. See
Section 17, (h). However, on a lot of less than 40 feet
in width and of record on June 13, 1949, each side yard may
be reduced to not less than 12 per cent of the width of the
lot at the building line.
LOTS RECORDED AFTER June 13 1949. On any lot 50 feet or more
in width at the building line and recorded after June 13, 1949,
there shall be two side yards which shall have a minimum
combined width of 30 per cent of the lot width at the building
line or 18 feet, whichever is the greater; the smaller of the
two side yards shall be not less than 10 per cent of the total
lot width or 6 feet, whichever is the greater.
LOTS UNDER 50 FEET IN WIDTH RECORDED AFTER JUNE 131 1949. On
any-lot less than 50 feet in width at the building line and
recorded after June 13, 1949, there shall be two side yards
which have a minimum combined width of 35 per cent of the lot
width; the smaller of the two side yards shall be not less
than 7 feet.
11, 1y55. ir, at the time or original construction or a
principal dwelling a garage or carport is attached, the side
yard requirements of this ordinance shall be met. If, at
the time of original construction of the principal dwelling
a garage or car port is not attached thereto, the side yard
requirements of this ordinance shall be met, provided, however,
that one side yard shall be not less than twelve (12) feet in
width.
CORNER LOTS. On a corner lot the least width of any side
yard along the side street lot line shall be 25 per cent
of the width of the lot at the building; line, but in no
case shall this requirement reduce the least width to
less than 10 feet nor require more than 25 feet setback,
provided that on a corner lot less than 40 feet in width
and of record on June 13, 1949, the buildable width need not
be reduced to less than 70 per cent of the width of the lot
at the building line.
WC
Where the rear lot line of a corner lot adjoins a side
lot line of a lot in a residential district, no part
of any accessory building within 25 feet of the common
lot line shall be nearer a side street lot line than the
least depth of any front yard requirement on such ad-
joining lot.
SETBACK. There shall be a front yard of not less than
25 feet.
LOTS BETWEEN TWO LOTS. When a lot is situated between
two lots, each of which has a principal building within
25 feet of its side lot line with a front yard of less
than 25 feet and was so maintained when this ordinance
became effective; the front yard requirement on such lot
may be the average of the front yards of-said existing
buildings and 25 feet, provided, however, the front yard
of such lot shall be not less than 15 feet.
When a lot adjoins only one lot having a principal
building within 25 feet of its side lot line with a
front yard of less than 25 feet and was so maintained
when this ordinance became effective, the front yard
requirement on such lot may be the average of the front
yard of the existing building and. 25 feet, provided,
however, the front yard of such lot shall be not less
than 15 feet.
LOT COVERAGE. No building shall be erected or increased
in ground ound area so that more than forty (40) per cent of
the area of the lot will be covered.
SECTION 11.
"B" Height and Area District
In the "B" Height and Area District the height of
bull- dings, the minimum dimensions of yards and the maximum
�.ot coverage shall be as follows:
i
21
Height: No building hereafter erected or structurally
altered shall exceed forty (40) feet or three stories.
See Section 17, (a).
Rear Yard: There shall be a rear yard having a death of
not less than twenty -five (25) feet, for interior lots,
nor less than fifteen (15) feet for corner lots. See
Section 17, (g) and (h) .
Side Yard: Each lot shall have two side yards.
LOTS OF RECORD ON JUNE 13 1949. On a lot of record on
June 13, 1949, there shall be a side yard on each side of a
principal building of not less than 5 feet in width. (See
Section 17, (h).) However, on a lot of less than 40 feet
in width and of record on June 13, 1949, each side yard may
be reduced to not less than 12 per cent of the width of the
lot at the building line.
_LOTS RECORDED AFTER JUNE 13, 1949. On any lot 50 feet or
more in width at the building line and recorded after June
13, 1949, there shall be two side yards which shall have a
minimum combined width of 30 per cent of the lot width at the
building line or 18 feet, whichever is the greater; the
smaller of the two side yards shall be not less than 10 per
cent of the total lot width or 6 feet, whichever is the
greater.
LOTS UNDER 50 FEET IN WIDTH RECORDED AFTER JUNE 13 1949. On
any lot less than 50 feet in width at the building line and
recorded after June 13, 1949, there shall be two side yards
which have a minimum combined width of 35 per cent of the lot
width; the smaller of the two side yards shall be.not less
than 7 feet.
ii, iyyj. it -, at the time of originai construction of a
principal dwelling a garage or carport is attached, the side
yard requirements of this ordinance shall be met. If, at
the time of original construction of the principal dwelling
a garage or carport is not attached thereto, the side yard
requirements of this ordinance shall be met, provided, however,
that one side yard shall be not less than twelve (12) feet in
width.
22.
CORNER LOTS. On a corner lot the least width of any side
yard along the side street lot line shall be 25 per cent
of the width of the lot at the building line, but in no
.case shall this requirement reduce the least width to
less than 10 feet nor require more than 25 feet setback,
provided that a corner lot less than 40 feet in width and
of record on June 13, 1949, the buildable width need not be
reduced to less than 70 per cent of the width of the lot at
the building line.
Where the rear lot line of a corner lot adjoins a side lot
line of a lot in a residential district, no part of any
accessory building within 25 feet of the common lot line
shall be nearer a side street lot line than the least depth
of any front yard requirement of such adjoining lot.
SETBACK. There shall be a front yard of not less than 25 feet.
LOTS BETWEEN TWO LOTS. When a lot is situated between two
lots, each of which has a principal building within 25 feet
of its side lot line with a front yard of less than 25 feet
and was so maintained when this ordinance became effective;
the front yard requirement on such lot may be the average
of the front yards of said existing buildings and 25 feet,
provided, however, the front yard of such lot shall be not
less than 15 feet.
When a lot adjoins only one lot having a principal building
with 25 feet of its side lot line with a front yard of less
than 25 feet and was so maintained when this ordinance became
effective, the front yard requirement on such lot may be the
average of the front _yard of the existing building and 25
feet, provided, however,-the front yard of such lot shall be
not less than 15 feet.
LOT COVERAGE. No building shall be built or increased in
ground area so to cover more than forty (40) per cent of
the lot area.
23
SECTION 12.
"C" Height and Area District
In the "C" Height and Area District the height of build-
ings, the minimum dimensions of yards and setback and the
maximum lot coverage shall be as follows:
Height: No building hereafter erected or structurally
altered shall exceed eighty -five (85) feet or seven (7)
stories.
Rear Yard: For buildings three (3) stories or less in
height there shall be a rear yard having a depth of not
less than twenty -five (25) feet for interior lots, nor less
than fifteen (15) feet for corner lots. For buildings
exceeding three (3) stories in height the depth of the rear
yard -shall be increased three (3) feet for each additional
story. See Section 17, (g) and (h).
Side Yard: For buildings three stories or less in height
there shall be a slide yard on each side of a building, except
accessory buildings, not less than 5 feet in width provided,
however, that on a lot having a width of less than 40 feet,
as shown by the last conveyance of record on June 13, 1949,
there shall be a side yard on each side of a building of not
less than 4 feet in width. For buildings exceeding 3 stories
in height the side yard shall be in all cases increased 6
inches for each additional story.
Setback: There shall be a setback of not less than 20 feet,
provided that when 25 per cent or more of all the buildings
on one side of a street between two intersecting streets has
been built up with buildings having a setback of more or less
than 20 feet from the street line, no building hereafter
erected or structurally altered shall project beyond the minimum
setback line so established; provided that no building, shall
be required to set back more than 40 feet in any case; and
provided further, that this regulation shall.not be so
interpreted as to reduce the buildable width of a corner lot
40 feet or less in width, and of record on June 13, 1949, to
less than 70 per cent of'the width of the lot. On corner
lots more than 40 feet in width, the width of building
may be greater than 28 feet by
24
one -half the amount by which the lot exceeds 40 feet in
width. See Section 17 (m).
Lot Coverage: No building shall be built or increased
in gr� ound area to cover more than sixty (60) per cent
of lot area.
SECTION 13.
"D" Height and Area District
In the "D" Height and Area District the height of build-
ings, the minimum dimensions of yards and setback shall be
as follows:
Height: No building hereafter erected or structurally
altered shall exceed thirty -five (35) feet or two and
one -half (221) stories, see Section 17, (a).
Rear Yard: There shall be a rear yard having a minimum
depth of twenty -five (25) feet. See Section 17, (g) and
(h).
Side Yard: A side yard, if provided, shall be not less
thaw ve (5) feet. See Section 17, (h) and (n).
Setback: Where all the frontage on one side of the
street between two intersecting streets is located in
the "D" Height and Area District no setback shall be
required. Where the frontage on one side of the street
between two intersecting streets is located in the "A"
and "D" Height and Area Districts the setback require -
ment in the "A" Height and Area District shall apply to
the entire frontage.
SECTION 14.
"E" Height and Area District
In the "E" Height and Area District, the height of
buildings, the minimum dimensions of vards shall be as fol-
lows:
25
Height: No building hereafter erected or structurally
altered shall exceed forty (40) feet or three (3) stories.
See Section 17, (a).
Rear Yard: There shall be a rear yard of not less than
twenty -five (25) feet. See Section 17, (g) and (h).
Side Yard: A side yard, if provided, shall be not less
than — five (5) feet. See Section 17, (h) and (n).
SECTION 15.
"F" Height and Area District
In the "F" Height and Area District the height of build-
ings and the minimum dimensions of yards shall be as follows:
Height: No building hereafter erected or structurally
altered shall exceed eighty -five (85) feet or seven (7)
stories.
Side Yard: A side yard, if provided, shall be not less
thanive (5) feet. See Section 17, (h) and (n).
SECTION 16.
"G" Height and Area District
In the "G" Height and Area District the height of build-
ings and the minimum dimensions of yards shall be as follows:
Height: No building hereafter erected or structurally
altered shall exceed one hundred and fifty (150) feet or
twelve (12) stories. See Section 17, (d).
Side Yard: A side yard, if provided, shall be not less
than f (5) feet wide. See Section 17, (h) and (n).
26
SEC'-ON 17.
Height and Area Districts xceptions
The foregoing requirements in the height and area dis-
tricts shall be subject to tae following exceptions and regula-
tions:
Height: (a) That in the "A ", "B", "D ", and "E" Height
and Area Districts, public or semi - public buildings,
hospitals, sanitariums or schools may be erected to a
height not exceeding seventy -five (75) feet, when set
back an additional foot on all sides for each foot such
buildings exceed thirty -five (35) and forty (40) feet,
respectively, in height.
(b) One - family dwellings in the "A" Height and
Area District may be increased in :;eight by not more than
five (5) feet when two (2) side yards of not less than
fifteen (15) feet each are provided. Such dwellings,
however, shall not exceed three (3) stories in height.
(c) Parapet walls not exceeding four (4) feet
in height, chimneys, cooling towers, elevator bulkheads,
fire towers, gas tanks, grain elevators, pent houses,
stacks, stage towers, or scenery lofts, sugar refineries,
tanks water towers, radio towers, ornamental towers,
monuments, cupolas, domes and spires and necessary
mechanical appurtenances may be erected as to their
height in accordance with existing or hereafter adopted
ordinance of the City of South Bend.
(d) In the "G" Height and Area District towers
for occupancy may be erected above the height limit herein
established, provided the largest horizontal dimension
of any side of the tower shall not exceed sixty (60)
feet, provided the total area shall not exceed twenty -
five (25) per cent of the area of the lot, and provided
that each tower shall be removed at least twenty -five
(25) feet from every lot line other than a street line,
and at least fifty (50) feet from any other tower.
-. (e) On through lots one hundred and twenty
(120) feet or less in depth the height of a building may
be measured from the curb level on either street. On
through lots more than one hundred and twenty (120) feet
27
in depth the height regulations and basis of height
measurements for the street permitting the greater height
shall apply to a depth of not more than one hundred and
twenty (120) feet from that street.
(f) Buildings on through lots and running
through frcm street to street may waive the requirements
for a rear yard by furnishing an equivalent open space
in lieu of such required rear yard.
(g) In computing the depth of a rear yard for
any building T.:,ere such yard opens onto an alley or
street, one -half of such alley or street may be assumed
to be a portion of the yard.
(h) Every pert of a required yard or court shall
be open from its lowest point to the sky unobstructed,
except for the ordinary projections of sills, belt courses,
cornices, ornamental 'features and eaves; provided, however,
that none of the above projections shall project into a
court more than six (6) nor into a minimum side yard more
than twelve (12) inches.
(i) No cornice shall project over the street
line more than twelve (12) inches.
(j) Open or enclosed fire escapes, fireproof
outside stairways and balconies opening upon fire towers
projecting into a yard not more than five (5) feet or
into a court not more than three and one -half (32) feet,
and the ordinary rrojections of chimneys and flues, may
be permitted by the Bolding Commissioner where same are
so placed as not to obstruct the light and ventilation.
k) Iri the "A ", "B ", "C", "D ", and "E" Height
and Area Districts, only one accessory building may be
erected in Vas rear yard and such accessory building
shall not exceed twelve (12) feet in height, nor occupy
more than thirty (30) per cent of the rear yard area.
However, all height and nraa district side yard and set-
" back regulations shall be adhered to by that accessory
- building; the same as by a principal building.on the
same lot, when said accessory building is located, in
- whole or in part, w_thin the front sixty (60) per cent
- of the lot depth.
Page 28
(1) In the "A ", "B", "C", AND "D" Height and Area
Districts, sun - parlors may be built not more than eight
(8) feet in front of the building line, and not ex-
ceeding seventeen (17) feet or two stories in height
provided the enclosing walls have a total width or
window sash of seventy -five (75) per cent of the girth
measurement of the outside walls with average sash
height of windows equal to fifth (50) per cent of room
height and have no interior partitions. All glazing
shall be done with clear glass only.
(m) In the "A ", "B ", AND "C" Height and Area Dis-
tricts the required set back from side streets on corner
lots shall not be greater than twenty -five percentum of
the width of the lot.
(n) In the "D ", "E", "F", and "G" Height and Area
Districts no side ,yard will be required on the side of
lot which borders a public alley.
(o) In all height and area districts, a solid
fence or wall not more than six (6) feet in height, a
fence or wall composed of at least thirty (30) per cent
open space to permit the unobstructed passage of air and
light through such space and not more than eight (8) feet
in height, or a hedge or other planting barrier not more
than eight (8) feet in height may be erected in the re-
quired side and rear yards; but in no case shall any
fence, wall, hedge, structure or other barrier greater
than three (3) feet in height be erected between the
street lot line and any set back line required by this
Ordinance unless such fence, wall, hedge, structure or
other barrier be composed of at least seventy -five (75)
per cent open space to permit the unobstructed passage
of light, air or vision through such space, in which
case height shall not exceed eight (8) feet.
SECTION "17 -0
- The provisions of this ordinance regulating the use
and height and area of lands, building and occupancies
shall not apply to lands, buildings and occupancies
which are publicly owned, or to parochial schools.
The exclusion does not apply to lands, building or
occupancies purchased or constructed for public housing
under Federal, State or Local grants to be available for
use or occupancy as personal housing or dwelling.
28A
SECTION 17 -B
OFF STREET PARKING AND LOADING FACILITIES
A. Scope of Regulations
The off street parking and loading provisions of this
ordinance shall apply as follows:
New Structures and Uses
For all buildings and structures erected and all uses
of land established after the effective date of this
ordinance, accessory parking and loading facilities
shall be provided in accordance with the schedules
outlined below in subsection B and C. Provided,
however, that real property zoned "C -2" Planned
Shopping Center District shall be governed by the
provisions of Section 4 -B of this zoning ordinance
and provided further that when a building permit has
been issued prior to the effective date of this
ordinance, and provided that construction is begun
within six months of such effective date and diligently
prosecuted to completion, parking and loading facilities
in the amounts required for the issuance of said
building permit may be provided in lieu of any different
amounts required by this ordinance.
2. Increase in Intensity of Use
When the intensity of use of any building, structure or
land shall be increased through addition of dwelling
units, gross floor area, seating capacity, number of
employees, or other units of measurement specified
herein for required parking or loading facilities,
parking and leading facilities as required herein shall
be provided for such increase in intensity of use.
However, no building erected or use lawfully established
prior to the effective date of this ordinance shall be
required to provide such additional parking or loading
facilities unless the aforesaid increase in units of
measurement shall amount to at least 15 per cent.
Determination of the percentage of increase in units of
measurement for required parking or loading facilities
shall be based on the total increase which a building
or use shall undergo after the effective date of this
ordinance, whether such total increase occurs at one
time or in successive stages.
.
3. Change in Use
Whenever the existing use of a building or structure shall
hereafter be changed to a new use, parking or loading
facilities shall be provided as required for such new use.
However, if the said building or structure was erected
prior to the effective date of this ordinance, additional
parking or loading facilities are mandatory only in the
amount by which the requirements for the new use would
exceed those for the existing use, if the latter were
subject to the parking and loading provisions of this
ordinance.
4. Exemption of Central Business District Core
In order to prevent undue traffic congestion in areas
of intensive business concentration and so promote an
orderly and efficient circulation of pedestrians and
vehicles, it is necessary and reasonable that off
street parking facilities be provided in such areas
only in conformity with an overall, coordinated parking
plan. To secure these objectives, no accessory off
street parking facilities shall be required for any use
in the central business district core area as shown on
the attached map, which map is designated as "Exempted
Central Business Core Area' and is hereby made a part
of this ordinance.
B. Off Street Parking Schedule
Off street parking spaces accessory to designated uses shall
be provided as follows:
USE
Amusement Places, Dance
Halls, Skating Rinks,
Pools, Natatoriums,
Exhibition Halls &
Places of Assembly
without fixed seats.
Animal Hospitals
Apartment Hotels
PARKING SPACES
1 per 100 square feet of
floor area in public use.
1 per 400 square feet of
floor area with a minimum
of 3 spaces.
1 per 2 rooms or suites
Plus 1 per 2 employees.
r:•
Automobile Service
1 per each employee plus
Stations
2 for each service stall;
minimum of 5 spaces.
Automobile Washing and
1 per 2 employees plus 1
Cleaning Establishments
per owner or manager plus
reservoir spaces equal to
five (5) times capacity
of laundry.
Banks
1 per 200 square feet of
floor area.
Bowling Alleys
5 per alley.
Churches or Temples
1 per 6 seats in main
auditorium.
- Colleges
1 per 2 employees plus 1
per 10 students based upon
the maximum number of
students that can be accommo-
dated in accordance with
design capacity or 1 per 5
seats in main auditorium,
whichever is greater.
- Commercial & Trade
1 per 5 students plus
Schools
2 per 3 employees.
Funeral Homes and
1 per 50 square feet floor
Mortuaries
area in service rooms.
General Service or Repair
1 per 3 employees
Establishments, Printing,
Plumbing & Broadcasting
Hospitals
1 per 4 beds plus 1 per 2
employees plus 1 per staff
doctor.
Hotels
1 per guest room.
Laundromats
1 per 2 washing machines plus
1 per 2 employees.
Libraries, Museums
10 plus 1 per 300 square feet
and Art Galleries
of floor area over 2000
square feet.
Manufacturing, Industrial
or Wholesale Establishments;
Laboratory, Creamery,
Bottling Plant, Warehouse
or similar establishments.
Medical and Dental Clinics
Motels, Tourist Homes and
Tourist Courts
Motor Vehicle Sales
Nursery, Elementary and
Junior High Schools
Nursing, Convalescent,
Rest Homes and other
Health Homes and Insti-
tutions
Offices & Office Buildings
Private Clubs, Dormitories,
Fraternities, Sororities &
Lodges - With Sleeping
Rooms
ME
1 per 2 employees on maximum
working shift plus adequate
space to accommodate company
vehicles.
5 per each doctor.
1 per guest room plus 2 at
office.
1 per 300 square feet of sales
floor area in excess of 1000
square feet plus 1 per 2000
square feet of open area.
1 per classroom and office or
1 per 10 seats in auditorium,
whichever is greater.
1 per 4 beds plus 1 per 2
employees plus 1 per staff
doctor.
1 per 400 square feet of floor
area or 1 per employee, which.
ever is greater.
2 per 3 sleeping rooms or 1
per 5 members, whichever is
greater.
Private Clubs, Fraternities, 1 per 5 members.
Sororities & Lodges - No
Sleeping Rooms
Residential
One & Two Family
Dwellings
Multiple Family
Dwellings including
Apartment Buildings
1 per dwelling unit.
1 per dwelling unit. For
Apartment Buildings containing
100 units or more and located
within the central business
district - see subsection D-8.
Restaurants (except
Drive -Ins), Night Clubs,
Taverns & Lounges
Retail Stores or Personal
Service Establishments
Rooming, Boarding or
Lodging Houses
Senior High Schools
Theatres, Auditoriums,
Gymnasiums, Stadiums,
Arenas, Convention Halls
and Places of Assembly
with fixed seats.
28E
1 per 3 persons based upon
the maximum number of persons
that can be accommodated at
the same time in accordance
with design capacity.
1 per 200 square feet of
floor area plus 1 per 2
employees.
1 per 2 rooms plus
1 for owner or manager.
1 per 10 classroom seats
plus l per 2 staff members.
1 per 5 seats plus 1 per
2 employees.
C. Off Street Loading Schedule
Off street loading berths accessory to designated uses
shall be provided as follows:
USE
FLOOR AREA
NUMBER OF
(square feet)
SPACES
Multiple Family
10,000 to 200,000
1
Dwellings including
each additional
_ Apartment Buildings,
200,000
1 additional
Hotels, Offices,
Hospitals or similar
institutions; private
Clubs & Lodges, Educa-
tional and Cultural
Institutions; places of
_ public assembly.
Funeral Home or
8,000 to 100,000
1
_ Mortuary
Each additional
100,000
1 additional
_ Retail, Service
5,000 to 10,000
1
Repair Establishments,
10,000 to 40,000
2
— Restaurants
40,000 to 100,000
3
_
100,000 to 250,000
4
each additional
250,000
1 additional
28F
USE FLOOR AREA NUMBER OF
(.square feet) SPACES
Warehousing & Storage; 5,000 to 20,000 1,
Wholesale & Industrial 20,000 to 100,000 2
Establishments Each additional 100,000 1 additional
D. General Provisions
1. Existing Parking and Loading Facilities
Accessory off street parking and loading facilities in
existence on the effective date of this ordinance and
located on the same lot or parcel as the building or use
served shall not hereafter be reduced below, or if
already less, then shall not be further reduced below
the requirements for a similar new building or use
under the provisions of this ordinance.
2. New Parking and Loading Spaces
The parking and loading facilities required for any
new or enlarged use shall be continuing obligation
of the owner of the real estate on which such use is
located and shall not be reduced in total extent,
except upon the approval of the Board of Zoning Appeals
and then only after proof that by reason of diminution
in floor area, seating capacity, number of employees,
number of dwelling units, or change in other factors
controlling the regulation of the number of parking
spaces, the proposed reduction is reasonable and
consistent with the intent of this ordinance.
3. Location of Spaces
a. Off Street 14oading Facilities
All required, loading spaces shall be located on
same lot or parcel as the use served.
b. Off Street Parking Facilities
All parking spaces required herein shall be located
on the same lot or parcel with the building or use
served, except that (1) when an increase in the
number of spaces is required by a change or
enlargement of use or (2) when practical difficul-
ties as determined by the Board of Zoning Appeals,
prevent their establishment upon the same lot or
parcel, the required spaces may be located on a
properly zoned lot not to exceed 500 feet from
the main entrance of the building or use being
served. In any case, where the required parking
spaces are not located on the same lot with the
building or use served, a written agreement
thereby assuring their retention for such pur-
poses, shall be properly drawn and executed by
the parties concerned, approved as to the form
by the City Attorney and shall be filed with
the application for a building permit.
Fractional Measurements
When determination of the number of off street spaces
required by this ordinance results in a requirement
of a fractional space, the parking spaces required
shall be construed to be the next highest whole
number.
5. Uses Not Specifically Listed
The parking and loading space requirements for a use
not specifically listed in the off street parking and
loading schedules contained herein shall be the same
as for a listed use of similar characteristics of
parking and loading demand generation as determined
by the Building Commissioner.
6. Mixed Uses
In the case of mixed uses, uses with
and loading requirements occupying a
premises, the spaces required shall
the requirements of the various uses
ly.
7. Collective Provision
28G
different parking
building or
equall the sum of
computed separate-
Nothing in this ordinance shall be construed to pre•ent
the joint use of off street parking facilities if the
total number of spaces so provided is not less than
the sum of the separate requirements for each use and
provided that all regulations governing location of
spaces, in relation to the use served, are adhered to.
Lem
28H
Apartment buildings located within the Central business
district or its fringe and containing 100. units or more
may provide a minimum of two (2) spaces per three (3)
dwelling units. For purposes of this ordinance, the
fringe shall consist of a tier of three blocks around
the central business district as shown on the attached
map which map is designated as "The Central Business
District and Fringe" and is hereby made a part of this
ordinance.
9. Units of Measurement
a. Employees
The number of employees shall be compiled on the
basis of the maximum number of persons employed
on the premises at one time on an average day or
average night, whichever is greater. Seasonal
variations in employment may be recognized in
determining an average day.
b. Floor Area
For purposes of determining loading requirements,
"floor area" shall be considered the gross floor
area (as defined in Section 1 - "Definitions ")
devoted to the use being served.
For purposes of determining parking requirements,
"floor area" shall be considered the sum of the
gross horizontal areas of the several floors of
the building, or portion thereof, devoted to a
specific use; and shall include any basement
floor area devoted to production or processing
of oods to business or professional offices,
or etaifing activities.
10. Design Standards - Off Street Parking Facilities
a. Minimum Area
Each off street parking space shall contain an
area of not less than 200 square feet as defined
in Section 1 - "Definitions ".
281
b. Access
Each required off street parking space shall open
directly upon an aisle or driveway of such width
and design as to.provide safe and efficient means
of vehicular access to such parking space. All
off street parking facilities shall be designed
with appropriate means of vehicular access to a
street or alley in a manner which will least
interfere with traffic movement.
c. Surfacing
All open off street parking areas containing more
than four parking spaces shall be surfaced with a
durable, dust -free cement concrete or hot or cold
bituminous concrete surface, which meet or exceed
minimum specifications prescribed by the Board of
Public works and Safety.
d. Drainage and Maintenance
Off street parking facilities shall be graded so
as to prevent drainage onto abutting property and
or into the public streets and alleys. Dry wells
of a construction capacity and design approved by
-- the City Civil Engineer shall be installed to
collect all runoff water unless adequate storm
sewers or drainage ditches are available. Dry
wells shall be cleaned periodically so that they
will collect the design capacity of runoff water.
These drainage provisions shall not apply where
a different method of disposing of said runoff water
_. is ordered by the Board of Public works & Safety.
Parking areas shall be maintained in a clean and
orderly condition at the expense of the owner or
lessee and not be used for the sale, repair, or
dismantling or servicing of any vehicles, equipment,
materials or supplies.
e. Li tin
Any lighting used to illuminate off street parking
areas shall be directed away from residential
properties in such a way as not to create a
-- nuisance.
f.
g•
:i
Marking
Parking spaces in facilities containing ten spaces
or more shall be marked by painted lines or curbs
or other means to indicate individual spaces. Such
parking areas shall provide bumper guards or curbs
where parking spaces abut street right of way lines.
Signs or markers shall be used as necessary to
insure efficient traffic operation of the facility.
Screening
When off street parking areas for more than four
parking spaces are located closer than 50 feet
to a lot in a residence district, or to any lot
upon which there is a dwelling as a permitted use
under this Zoning Ordinance and where such parking
is not entirely screened visually from such lot
by an intervening building or structure, there
shall be provided a continuous visual screen with
a height of not less than six (6) feet nor more
than eight (8) feet. Such screen shall consist of
a densely planted compact hedge or a wall or fence
and shall be located in accordance with the
provisions of Section 17 (o) of this Zoning
Ordinance.
h. Parking in Required Yards
Off street parking spaces shall not be located in
a required front yard or side yard adjoining a
street.
11. Design Standards - Off Street Loading Facilities
a. Minimum Size
A required off street loading space shall be at
least 10 feet wide by at least 30 feet in length
_ for buildings less than 20,000 square feet and at
least 12 feet wide and at least 60 feet in length
for buildings 20,000 square feet or more. Each
space shall have a vertical clearance of at least
14 feet.
_ b. Access
- Each required off street loading space shall be
designed for direct access to a street or alley
in a manner which will least interfere with traffic
movements on the street.
28K
c. Drainage and Maintenance
Open off street loading facilities shall be graded,
drained and surfaced as required for parking areas
in subsection 10 -c and d above.
12. Submission and Approval of Plans
Plans of proposed parking and /or loading facilities *shall
be submitted to the Building Commissioner for his approval
at the time of application for a building permit. The
plans shall show the proposed location, arrangement, and
number of all parking and loading facilities required in
accordance with the provisions of this Ordinance.
The location and design of entrances and exits shall be
in accord with the requirements of applicable City of
South Bend regulations and standards and plans for such
openings onto public streets shall be submitted to the
City Engineer for his approval.
26 L
._ t5 �1
29
SECTION 18.
Board of Zoning Appeals
a. A Board of Zoning Appeals is hereby established.
The Board shall consist of five (5) members to be appointed
by the Mayor as provided in Section 68, Chapter 174, of the
Indiana Acts of 1947.
b. Meetings:
least once a month.
procedure and keep a
action of the Board,
question considered.
be necessary to cons
Meetings of the Board shall be held at
The Board shall adopt its-own rules of
record of its proceedings, showing the
and the vote of each member upon each .
The presence of three (3) members shall
titute a quorum.
c. Appeal: Appeal from the ruling of the Building
Commissioner concerning the enforcement of the provisions of
this ordinance may be made to the Board of Zoning Appeals
within such time as shall be prescribed by the Board by
general rule, The appellant shall file with the Building
Commissioner and with the Board of Zoning Appeals a notice
of appeal, specifying the grounds thereof. The Building
Commissioner shall forthwith transmit to the Board all the
papers constituting the record upon which the action appealed
from was taken.
d. Jurisdiction: In specific cases the Board of Zoning
Appeals may authorize by permit a variation of the applica-
tion of the use, height and area district regulations, herein
established in harmony with their general purpose and intent
as follows:
(1) Permit a temporary building for commerce or
industry in a residence district which is incidental
to the residential development, such permit to be issued
for a period of not more than one (1) year.
- (2) Permit the continuance of a legal nonconforming
use existing at the time of the passage of this ordinance
that has ceased for a period of one (1) year; provided
the owner of the building or premises devoted to said
use can show proof that the intent was not to discontinue
the nonconforming use of said building or premises.
30
(3) Permit the reconstruction, within twelve months
of a building located in a district restricted against
its use; which has been destroyed by fire, flood, ex-
plosion, war, riot or act of God to the extent of not
more than fifty (50) per cent of its value, provided that
when such reconstruction becomes involved in litigation,
the time required for such litigation, shall not be
counted as a part of the twelve (12) months allowed for
reconstruction.
(4) Permit the extension of a use or height and
area district for a distance of not more than twenty -
five (25) feet, where the boundary line of a district
divides a lot in a single ownership at the time of the
passage of this ordinance.
(5) Permit the erection and use of a building or
the use of a premises in any location for a public ser-
vice corporation for public utility purpose which the
Board admits reasonably necessary for the public con-
venience or welfare.
(6) Permit the enlargement of an existing building
located in a district restricted against its use, where
such enlargement does not exceed one -third the total
_ floor area occupied by the nonconforming use at the
time certificate for such nonconforming use was issued.
(7) Interpret the provisions for this ordinance
in such a way as to carry out the intent and purpose of
the plan, as shown upon the maps, fixing the several
_ districts accompanying and made a part of this ordinance
where the street layout actually on the ground varies
from the street layout as shown on the maps aforesaid.
(8) Where there are practical difficulties or
unnecessary hardships in complying strictly with the
provisions of this ordinance, the Board of Zoning Appeals
may, in specific cases, adjust any such condition in
harmony with the general purpose and intent of this
ordinance to the end that the public health, safety and
general welfare may be secured and substantial justice
d one.
(9) Adopt from time to time such rules and regula-
tions as may be deemed necessary to carry into effect
the provisions of this ordinance.
31
(10) For the purpose of creating an effective
buffer between residential and commercial or industrial
uses, the Board of Zoning Appeals may permit parking
lots in any residential district where the area is adja-
cent to any commercial or industrial district, or is
separated therefrom by a street or alley not over thirty
(30) feet in width. Such parking lot shall be subject
to any conditions and recommendations that the Board
may impose for the protection of the residential property.
e. Exceptions to the District Regulations: Discretionary
power within the limits of the provisions of this sub - section
is hereby given to the Board of Zoning Appeals to permit, only
in the districts so indicated, after public hearing, certain
uses, that, due to unusual size, infrequent occurrence, safety
hazard, effect on surrounding property, or other reasons, de-
mand detailed consideration.
(1) In permitting exceptions, the Board shall
determine that:
(a) Public health, safety and welfare will not
be adversely affected by the proposed use, and it
will not be detrimental to adjacent properties or
to the general neighborhood.
(b) The proposed use will comply with all
special regulations established by this section
and with all special conditions and be in harmony
with the general purpose and intent of this ordi-
nance and with the Comprehensive Plan of the City
of South Bend.
(c) The Board may require any engineering
drawings or specifications, site plans, operating
plans, or other information it finds necessary to
fully appraise the need for or effect of such use.
-" (d) The Board, in granting an exception, may
., prescribe any reasonable conditions applying thereto
that it may deem necessary or desirable in carrying
out the general purpose of this ordinance.
(2) In all districts:
(a) Airports. Provided that plans have been
approved by the City Planning Commission.
32
(b) Cemetery. Provided that no graves shall
be located less than fifty (50) feet from any pro-
perty line.
(c) Swimming Pool or Recreation Center. Pro-
vided that 1) Membership is incorporated as a
non - profit organization, maintaining-and operating
a swimming pool or recreation center, with specific
limitations upon the number of members, or limited
to the residents of a block, one or more sections
of a subdivision, a neighborhood, or other similarly
specified area of residence; (2) the pool or any
building is located no closer than fifty (50) feet
from any lot line; (3) adequate off - street parking
is provided; (4) re- circulation systems with fil-
tering and disinfection equipment meeting the re-
quirements of the State Board of Health is provided.
(d) Golf Driving Ranges, 11iniature Golf Courses.
Provided that: 1 The area within 500 feet of all
boundaries of the lot is not developed to greater
density than one family per acre; (2) floodlights
are so directed and shielded so as not to be an
annoyance to street or highway traffic or to developed
residential property; (3) the Board shall grant a
temporary permit not to exceed one year, which permit
shall be renewable only so long as population den-
sity does not exceed one family per acre within 500
feet of the lot boundary.
(e) Golf Courses and Related Uses. Provided
that: (1) The land parcel shall cont n not less
than thirty (30) acres; (2) the club house or any
accessory building shall be no closer than one hun-
dred (100) feet to any adjoining lot line in a
residence zoned district nor within fifty (50) feet
of any other adjoining lot line; (3) adequate off-
__ street parking shall be provided and shall be no
closer than fifty (50) feet to any adjoining lot
line in a residence zoned district; (4) floodlights
are so directed and shielded so as not to be an
annoyance to street or highway traffic or to developed
residential property; and (5) all electrical conduc-
tion shall be installed underground.
(f) Fairs Displays, Shows, and Exhibits. Pro -
vided that: They are conducted by public or
PAGE 33
semi- public voluntary organizations such as Boy
Scouts, Girl Scouts, Campfire Girls, Izaak Walton
League, 4 -H Fair; (2) the parcel of land is not less
than ten (10) acres in area; (3) all buildings,
structures, and uses shall be located not less than
one hundred (100) feet from adjoining property lines;
(4) adequate off - street parking shall be provided
and shall be located not less than fifty (50) feet
from the nearest property line; (5) all required
set back areas shall be nermanently maintained as
open space, except for walks, driveways, fences,
and structures or building for admission control;
(6) that there be no housing of animals except in
connection with exhibits.
(3) In "B" Residence Districts:
{a) Funeral Homes. Provided that: (1) The
use is confined to an existing building converted
for the purpose; (2) the principal building or
buildings shall not occupy more than forty (40) per
cent of the lot area; (3) the building shall retain
substantially the appearance of a dwelling.
(4) In "A -2" Residential Districts:
_ Planned Residential Developments. Provided that
the general intent and requirements of Section 3 -B of
-- this Ordinance are fulfilled, and further that the
following specific requirements and procedures are
complied with.
1. Specific Requirements:
(a) Off- street parking shall be provided
in the following ratios: One space per
employee; one space per five hundred square
feet of gross floor area in commercial or
office use; in addition, the Board shall
set a ratio of off - street parking spaces to
be provided per dwelling unit. This ratio
shall be based upon the type of dwelling
units to be erected, the location and
character of the proposed development, and the
-. use and character of the surrounding area.
The Board shall require a minimum of at
least one (1.0) off - street parking space
-- per dwelling unit, but shall not require
more than two (2.0) spaces per dwelling unit.
All parking areas are to be adequately
landscaped and located. Enclosed parking
is to be encouraged.
PAGE 33A
(b) In low rise structures of three stories
or less, the average number of dwelling units
shall not exceed eight per building; nor
shall any building contain more than twelve
dwelling units; nor shall any building facade
exceed two hundred (200) feet in length.
(c) The average number of dwelling units
per gross acre in planned residential
developments shall be limited by the Board
of Zoning Appeals, and such limit shall
be based upon the type of dwelling units
to be erected, the nature and location of
the tract to be developed, the character
and intensity of development of the surr-
ounding area, and the capacity of public
facilities which would serve the development.
This limit shall not exceed an average of
12 dwelling units per gross acre over the
entire tract, nor shall the minimum useable
open space be less than forty (40) percent
of the gross acreage of the entire tract.
(d) The provisions of paragraphs 1, 2, 3
and 4 of subsection E. Final Plat of Section
IV Procedure and of Section V Required
Imorovements of Ordinance No. 4563, the
Subdivision Ordinance of the City of South
Bend, Indiana shall be complied with.
(e) The tract shall be under single owner-
ship or control before application is made.
(f) Total floor area devoted to commercial
and orofessional uses shall be limited to
two (2) percent of the gross floor area of
_ the development. Commercial and office uses
shall be restricted to such uses as those
allowed in the "C -1" Commercial District.
(g) Upon completion of the various sections
of a development the proponent of a planned
residential development shall submit, as
built, site plans showing the location of
streets, lots and buildings as approved by
the Board of Zoning Appeals, and otherwise
complyin-u with the provisions of the Sub -
division Ordinance as regards the format
PAGE �3B
and contents of final plats, to the Plan
Commission, which shall then approve such
plans for recording as a final plat.
2., Data Required:
(a) Overall development plans showing
proposed land uses, number, type and location
of dwelling units, building heights, open
space allocations, on site parking provisions,
streets, peripherial setbacks and scheduled
dates of completion of the development or
its various sections.
(b) An area location plan indicating
existing and proposed street systems,
subdivision lines, and building types, uses
and approximate locations.
(c) Typical floor plans and elevations
of all buildings.
(d) Copies of legal documents regulating
the organization, construction, operation
and /or sale of the development in part or
in whole, including provisions for sub -
sequent subdivision and documents guaran-
teeing the protection of open spaces.
(e) Tabulated data giving the proposed
-- number and type of dwelling units, gross
_- acreage, proposed land coverage, ground
and gross floor area, floor areas by use,
- land areas by use, commercial facilities,
and estimated population and traffic to
be generated.
3.
Procedure:
(a) The proponent of a Planned Residential
Development in an "A -2" District shall petition
the Board for approval as an exception.
The petition shall be accompanied by an
-. overall development plan and other required
documents and data as herein listed. The
Board shall study these plans, documents
and data and may then approve, approve sub-
ject to conditions or disapprove the petition.
After approval, the proponent shall submit
a minimum of four (4) sets of true copies
of the final development plan
legal documents, as approved,
for certification. Two sets
filed with the Board, one set
Building Commissioner and one
to the proponent.
PAGE 33C
and all
to the Board
Shall be
with the
set returned
(b) Upon receipt of a set of certified
development plans and documents from the
Board the Building Commissioner is authorized
to issue permits for buildings and improve-
ments in accordance with the development plan.
(c) For any change or amendment of the
development plan or the organization or the
operation of the development the proponent
shall submit a written request for approval
to the Board. If the Board approves such
change, it shall so notify the Building
Commissioner who shall then issue a building
permit.
(d) The development plan and required
legal documents, as approved and certified
by the Board shall be binding upon the
original and all subsequent owners of the
development or portions of it for the
duration of the development.
(e) Every petition filed for approval of
an exception as a Planned Residential Develop-
ment shall be accompanied by a fee to cover
the cost of public notice, due notice to
interested parties and review. The fee
- shall be a minimum of fifty (50) dollars and
shall increase by one (1) dollar per ten
thousand (10,000) dollars estimated project
-- cost above five hundred thousand (500,000)
dollars to a maximum fee of four hundred
(400) dollars.
(f) It is suggested that the proponent of
a Planned Residential Development consult
informally with the Planning Director during
the pre - planning stages.
(g) A bond which shall run to the City of
South Bend, be in an amount determined by
PAGE 33D
the Board to be sufficient to complete
all improvements as shown on the develop-
ment plan as approved by the Board and in
compliance with this ordinance, be with
surety by a company licensed to do business
in the State of Indiana, and specify the
time for completion for the said improvements.
SECTION 19.
Existing Certificates
All certificates of nonconforming use issued, and all
variances permitted under Ordinance No. 2331 and amendments
thereto shall remain valid.
SECTION 20.
Plats
All applications for building permits shall be accompanied
by a plat in duplicate drawn to scale, showing the actual
d imensions of the lot to be built upon, the size of the building
._ to be erected, and such other information as may be necessary
to provide for the enforcement of these regulations. A care -
ful record of such applications and plats shall be kept in the
office of the Building Commissioner. No yard, court or other
34
open space provided about any building for the purpose of com-
plying with the provisions of these regulations shall again
be used as a yard, court or other open space for another
building.
SECTION 21.
Private Covenants
It is not intended by this ordinance to interfere with
or abrogate or annul any easements, covenants or other agree-
ments between parties; provided, however, that where this
ordinance imposes a greater restriction upon the use of building
or premises or upon heights of building, or requires larger
open spaces than are imposed or required by other ordinances,
rules, regulations or permits, or by easements, covenants or
agreements, the provisions of this ordinance shall govern.
- SECTION 22.
Boundaries of Districts
Where uncertainty exists with respect to the boundaries
of the various districts as shown on the maps accompanying
and made a part of this ordinance the following rules shall
apply:
_ (a) The district boundaries are either streets or
_ alleys unless otherwise shown, and where the designation on
the maps accompanying and made a part of this ordinance indi.
cating the various districts are approximately bounded by
street or alley lines, said street or alley shall be con-
strued to be the boundary of such districts.
(b) Where the district boundaries are not otherwise in-
dicated and where the property has been or may hereafter be
divided into blocks and lots; the district boundaries shall
be construed to be lot lines, and where the designation on
the maps accompanying and made a part of this ordinance in-
dicating the various districts are approximately bounded by
lot lines, said lot line shall be construed to be the boundary
of such district, unless said boundaries are otherwise indi-
cated on the maps.
35
(c) In subdivided property, the district boundary line
on the maps accompanying and made a part of this ordinance shall
be determined by use of the scale contained on such maps.
SECTION 23.
Changes and Amendments
(a) Any petition or ordinance for amendment, supplement,
change or repeal of the Zoning Ordinance or any part thereof not
originating in the Area Plan Commission shall be referred to the
plan commission for consideration and report before any final
action is taken by the City Council.
It is suggested that the petitioner consult informally
with the Executive Director of the Area Plan Commission prior to
the preparation of the rezoning petition.
A rezoning petition shall be on the form provided, avail-
able in the City Clerk's Office and all petitions for Use Districts
other than "A ", "A -1", "A -2 ", and "C -2" and other than those
originated by the Area Plan Commission, shall be accompanied by
an overall site development plan showing, but not limited to:
proposed land uses, number, type and location of buildings, build-
ing 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.
Rezoning to use districts other than "A ", "A -1 ", and "A -2 ",
and "C -2" shall be accompanied by the data required herein and
- subject to the following procedure:
1. Four copies of the completed petition to rezone
subject to the site development plan, shall be filed in the office
of\the City Clerk.
- 2. The City Council shall refer same to the Area Plan
Commission for public hearing and recommendation. After public
hearing the Area Plan Commission shall:
a. Recommend approval as tendered; or
b. Recommend approval subject to modification; or
c. Recommend disapproval
of the petition to rezone, subject to the site development plan.
In the event the Area Plan Commission desires to recommend
35A
approval subject to modification, such modification must be
accepted by the petitioner prior to recommendation by the Area
Plan Commission to the City Council. Where approval is recom-
mended by the Area Plan Commission, the site development plan
shall be certified by the seal of the Area Plan Commission.
3. The City Council will act on the proposed petition
to rezone subject to the site development plan.
4. If the petition to rezone subject to the site
development plan is approved by the City Council, a certified
copy thereof shall be distributed to each of the following to
insure compliance therewith:
a. Area Plan Commission
b. Building Commissioner of South Bend,
c. The petitioner.
The Building Commissioner is thereafter authorized to issue a
building permit in accordance with the site development plan
for the rezoned property.
5. For any change, modification or amendment to the
site development plan, the petitioner shall submit a request in
writing to the Area Plan Commission setting same forth in
- detail. Where the change, modification or amendment involves
enlargement or relocation of buildings or uses, or where the
Area Plan Commission in its sole discretion believes it advis-
able, the petitioner must file a new petition to rezone subject
to the changed, modified or amended site development plan and
same will be determined in accordance with the procedure hereto-
" fore set forth.
6. The rezoning ordinance subject to the site develop-
ment plan shall constitute a limitation on the use of the premises
therein contained and shall be binding on all.
7. Approval shall be withdrawn, any issued building
permit revoked and the original zoning classification reinstated
if construction pursuant to the site development plan is not
commenced within 12 months after the amendment to the zoning
ordinance becomes law.
The petitioner, or his successor in title, shall,
within 24 months after the amendment to the zoning ordinance
35B
becomes law, file with the Area Plan Commission a declaration
under oath that the construction pursuant to the site develop-
ment plan has been completed or shall file a declaration under
oath to the fact that the construction pursuant to the site
development plan has not been completed and shall state the
reasons why said construction has not been completed. If the
Area Plan Commission determines that the petitioner, or his
successor in title, has failed to diligently pursue completion
pursuant to the site development plan after construction is
commenced then it may withdraw approval, revoke any building
permit that has been issued and order that the original zoning
classification be reinstated. If the Area Plan Commission
determines that the petitioner, or his successor in title, has
diligently pursued completion pursuant to the site development
plan after construction is commenced, then the Area Plan Comm-
ission may grant the petitioner, or his successor in title,
a six (6) month extension or such period of time beyond six (6)
months as may be requested by the petitioner ar at the Plan
Commission's own motion, to complete the construction pursuant
to the site development plan.
Any person who failesto conform to the provisions
of the rezoning ordinance subject to the site development plan
shall be ordered to cease and desist by the Building Commissioner
and failing so to do, shall be required by the Area Plan Comm-
ission to show cause, if any he has, why approval should not
be withdrawn, his building permit revoked or the original
zoning classification reinstated.
(b) Prior to the submission to the City Council of a Plan
Commission petition or a report on a proposed ordinance or a
petition referred to it for recommencation, the Plan Commission
shall hold a public hearing on the same, notice of which shall
be published in a newspaper of general circulation in the city,
ten (10) days prior to the date set for such public hearing.
(c) If the report of the Plan Commission is adverse to the
proposed change or amendment, the Ordinance shall not be passed
except by a vote of at least seventy -five (757 percentum of
- the members of the City Council. Failure of the City Council
to pass such proposed ordinance by said affirmative vote within
ninety (90) days after its rejection by the Plan Commission
-- shall constitite rejection of the proposed ordinance and it
shall not be reconsidered by the Planning Commission or the
City Council until the expiration of one (1) year after date
- of its original rejection by the Plan Commission. Provided
however, if for any reason the petition is withdrawn after a
public hearing held by the plan commission, a second or sub-
- sequent petition covering the same property or pnntion thereof
requesting relief within the same use district, shall not be
considered by the Common Council until one year has elapsed
following its withdrawal by the petitioner.
36
(d) One hundred and twenty (120) days after report of
the Plan Commission to the Council favoring a change or
amendment, the change or amendment shall have the same effect
as all other ordinances, unless the City Council has within
that time finally acted upon it.
(e) Petition duly signed, may be presented to the Clerk
of the City Council requesting an amendment, supplement or
change or regulations of the Zoning Ordinance by!
1. The Plan Commission.
2. By the owners of fifty (50) percentum or more of
the area involved in the petition.
3. The City Council may direct the Plan Commission to
prepare an amendment and submit it to public hear-
ing within sixty (60) days after formal written
request by the City Council.
(f) The petitioner shall pay such processing and adver-
tising fees as shall be determined by the Planning Commission.
(i) No building permit shall be issued by the Building
Commissioner and no change in use of bulk of structures
existing, shall occur in any territory hereafter annexed to the
City of South Bend, Indiana until such territory has been zoned
-" by the City Council or a period of 180 days from the effective
- date of the annexation has lapsed.
(a) Any person,
obeys, omits, neglects
the enforcement of any
be fined not less than
(100) dollars for each
county jail until such
violation is permitted
SECTION 24.
Violation, Penalty
Firm or corporation who violates, dis-
or refuses to comply with or who resists
of the provisions of this ordinance shall
ten (10) dollars or more than one hundred
offense, and shall be imprisoned in the
fine and costs are paid. Each day that a
to exist shall constitute a separate offense,
(b) Any building erected, raised or converted; land, or
premises used in violation of any provisions of this ordinance
or the requirements thereof, is hereby declared to be a common
nuisance and such common nuisance may be abated in such manner
as nuisances are now or may hereafter be abated under existing
law.
SECTION 25.
Enforcement
It shall be the duty of the Building Commissioner to see
that this ordinance is enforced through the proper legal
channels. Appeal from the decision of the Building Commissioner
may be made to the Board of Zoning Appeals as provided by
Section 18.
SECTION 26.
Validity
Should any section, clause, or provision of this ordi-
nance be declared by the court to be invalid, the same shall
not affect the validity of the ordinance as a whole or any
part thereof.
SECTION 27.
Repealer
Any ordinance or part of an ordinance in conflict with
this ordinance is hereby repealed.
SECTION 28.
Savings Clause
Any proceedings, civil or criminal, which are now pending
and any judgments heretofore rendered under the ordinances
- hereby repealed shall not be affected by such repeal, and
such suits may be prosecuted as if such ordinances had not
been repealed.
SECTION 29.
- Interpretation
In interpreting and applying the provisions of this ordi-
nance, they shall be held to be the minimum requirements for
the promotion of the public safety, health, convenience, com-
fort, and general welfare.
SECTION 30.
When Effective
This ordinance shall be in effect from and after its
passage and legal publication.
W 3 2nd READING
MMWFTEE OF THE WHU
PUBLIC HEARINS 3 -11 -68
3rd READING 3 -11 -68
NOT A PROVED
REFERRED
PASSED 3 -11 -68
A
THIS ZONING ORDINANCE GENERALLY FOLLOWS AND RECODIFIES THE
ZONING ORDINANCE NO. 3702 OF THE CITY OF SOUTH BEND, INDIANA
ADOPTED JUNE 13, 1949 AS AMENDED BY:
ORDINANCE 3778
Adopted Sept. 11, 1950
ORDINANCE 3790
Adopted Dec. 11, 1950
ORDINANCE 3966
Adopted Mar. 22, 1954
0
ORDINANCE 3984
- Adopted June 14, 1954
ORDINANCE 4013
Adopted Oct. 25, 1954
ORDINANCE 4038
Adopted April 11, 1955
ORDINANCE 4041
Adopted April 25, 1955
ORDINANCE 4056
Adopted June 25, 1955
ORDINANCE 4115
Adopted Sept. 10, 1956
ORDINANCE 4116
Adopted Sept. 10, 1956
ORDINANCE 4158
Adopted April 22, 1957
ORDINANCE 4277
Adopted Oct. 10, 1959
ORDINANCE 4342
Adopted Oct. 24, 1960
ORDINANCE 4343
Adopted Oct. 24, 1960
ORDINANCE 4368
Adopted Mar. 27, 1961
ORDINANCE 4375
Adopted May 8, 1961
ORDINANCE 4414
Adopted Nov. 13, 1961
ORDINANCE 4418
Adopted Nov. 27, 1961
ORDINANCE 4423
Adopted Dec. 11, 1961
ORDINANCE 4434
Adopted Feb. 26, 1962
ORDINANCE 4515
Adopted Oct. 8, 1962
ORDINANCE 4516
Adopted Oct. 8, 1962
ORDINANCE 4578
Adopted May 27, 1963
ORDINANCE 4582
Adopted May 27, 1963
ORDINANCE 4609
Adopted Oct. 28, 1963
ORDINANCE 4610
Adopted Oct. 28, 1963
ORDINANCE 4633
Adopted March 17, 1964
ORDINANCE 4660
Adopted June 15, 1964
ORDINANCE 4665
Adopted June 22, 1964
ORDINANCE 4666
Adopted June 22, 1964
ORDINANCE 4680
Adopted August 10, 1964
ORDINANCE 4821
Adopted Dec. 13, 1965
ORDINANCE 4828
Adopted Feb. 14, 1966
ORDINANCE 4840
Adopted April 11, 1966
ORDINANCE 4900
Adopted Dec. 12, 1966
ORDINANCE 4902
Adopted Jan. 1, 1967
ORDINANCE 4936
Adopted Aug. 14, 1967
March 11, 1968
TontutMn Irpart
U Ike Taum mi (nurd of Ike (Mg of Omd4 fr uk:
Your Committee of the Whole
to whom was refened " AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES, CALLINGS,
INDUSTRIES, COMMERCIAL ENTERPRISES, AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIED
USES; TO REGULATE AND LIMIT THE HEIGHT OF BUILDINGS HEREAFTER ERECTED OR ALTERED; TO
REGULATE AND DETERMINE THE AREA OF YARDS AND OTHER OPEN SPACES ABOUT BUILDINGS; TO REGU-
LATE AND DETERMINE THE DENSITY OF USE OF LAND AND LOT AREAS, AND FOR SAID PURPOSES
TO DIVIDE THE CITY INTO DISTRICTS AND PRESCRIBE PENALTIES FOR THE VIOLATION OF ITS
PROVISIONS AND TO PROVIDE FOR ITS ENFORCEMENT AND A BOARD.OF ZONING APPEALS.
WHEREAS, THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DEEMS IT NECESSARY,
IN ORDER TO CONSERVE THE VALUE OF PROPERTY IN THE CITY AND TO THE END THAT ADEQUATE
LIGHT, AIR, CONVENIENCES OF ACCESS AND SAFETY FROM FIRE AND OTHER DANGERS MAY BE
SECURED, THAT CONGESTION OF THE PUBLIC STREETS MAY BE LESSENED OR AVOIDED, AND THAT THE
PUBLIC HEALTH, SAFETY, COMFORT, CONVENIENCE, MORALS AND GENERAL WELFARE MAY OTHERWISE
BE PROMOTED IN ACCORDANCE WITH A WELL CONSIDERED AND COMPREHENSIVE PLAN FOR THE USE
AND DEVELOPMENT OF ALL PROPERTY THROUGHOUT THE CITY, AND
IN
WHEREAS, THIS ORDINANCE IS SUBSTANTIALLY SIMILAR TO ORDINANCE NO. 3702 OF THE CITY
OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS THE ZONING ORDINANCE OF SAID CITY, WHICH
SAID ORDINANCE WAS ADOPTED ON JUNE 13, 1949, AND WHICH SAID ORDINANCE IS HEREBY REPEALED
Respectfully report that they have examined the matter and that in their opinion
the Ordinance go to the Council as favorable.
l/ Chairman
AREA PLAN COMMISSION
OF ST. JOSEPH COUNTY, IND.
February 20, 1968
The Honorable Common Council
City of South Bend
South Bend, Indiana
Gentlemen:
). K. WILSON, EXECUTIVE DIRECTOR
I29 W. COLFAX AVENUE, SOUTH BEND, INDIANA 46601
(219) 233 -2955
FILED IN CLERK'S OFFICE
KATHRYN L. PLOUGH
CITY CLERK, SOUTH BEND, IND.
The attached ordinance originated by the Area Plan Commission
was legally advertised under date of February 10 and 17
and given public hearing on February 20, 1968. The following
action was taken:
After due consideration it was moved,
seconded and unanimously carried that
the ordinance and accompanying maps
be recommended fa5orably to the Common
Council.
The attached excerpts from the minutes of the hearing are
hereby made a part of this report.
Very truly yours,
er 4:'/,
John K, Wilson,
Executive Director
JKW /cas
Attach.
EXCERPTS FROM THE MINUTES OF THE AREA PLAN COMMISSION
MEETING OF FEBRUARY 209 1968
7. An ordinance originated by the Area Plan Commission which
would establish zoning and height and area districts for the
City of South Bend, Indiana, said districts being delineated
on accompanying maps, and which said ordinance will repeal
but be substantially similar to Ordinance 3702, commonly
known as the Zoning Ordinance of the City of South Bend,
Indiana.
Mr, Wilson, Executive Director, now informed the Commission
that this involved the readoption of the existing zoning
ordinance as is with no revisions. There has been some
onfusion relative to the maps on file in the Clerks office.
The readoption as proposed will resolve this confusion and
at the same time will incorporate all amendments. There are
no changes being made in the content of the ordinance or in
the maps.
No one further appeared.
After due consideration it was moved by Reverend Royster,
seconded by Mr. Benhart and unanimously carried that the
readoption of the zoning ordinance and accompanying maps
be recommended favorably to the Common Council.