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HomeMy WebLinkAboutAmending Section 40-19 ZoningORDINANCE No. 4A4n -66 Passed by the Common Council of the City of South Bend, 1�.T.lm Presented by me to the Mayor of the City of South Bend, Approved and signed by Clerk of Common Council Clerk IDEAL .415W PRESS FILED IN CLERK'S OFFICE ORDINANCE N0. -/ MAR 221966 40 -19 KATHRYN L. BLOUGH AN ORDINANCE AMENDING SECTION CITY CLERK, SOUTH BEND, IND. OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1962, AS AME NDED THE CITY OF SOUTH BEND, BE IT ORDAINED BY THE COMMON COUNCIL OF INDIANA: That Section 1: (1), of the Municipal Code of the Indiana, 1962 amended, be amended l That Section 40- 19- as City of South Bend, 2 so that same shall be and read as follows: 3 4 (1) Intent. The intent of this section s: 5 To establish a commercial district in which the 6 7 (a) ulations are restricted and in which traffic and 8 uses and reg perking congenge stion is reduced to a minimum- 9 (b) values in the 10 To protect and preserve property 11 surrounding residential districts. 1 2 ossible, all commercial areas 13 (c) That, insofar as p shall take place in 14 in newly developed portions of the city 16 a "C'-4° District. 17 Section 2: 18 the Municipal Code of the City 19 That Section 40-19 -(2) Of t amended, be amended so that 2 0 of South Bend, Indiana, 21 same shall be and read as follows: three ss than 22 23 (2) Area. No "C -2" District shall districtethree (3) types 24 however, within the IOC-211 oses of this n 25 (3) acres, as follows: 2 6 of shopping centers �oethelflooreareas occupied, 2 7 ordinance according GROSS LEASABLE AREA 28 TYPE 29 Under 100,000 square feet 3 0 Neighborhood Center 3 1 100,000 - 300,000 square feet 32 Center 34 Community 00,000 square feet 3 Over 3 35 Regional Center shopping 36 The permitted uses and requirements for each type of 3 8 center are outlined herein. -2- Section 3: 39 That Section 40- 19 -(3) of the Municipal Code of the City 40 of South Bend, Indiana, 1962, as amended, be amended so that 4 1 same shall be and read as follows: 42 43 (3) Conditions Precedent to Zoning District Change. No area 44 shall be zoned from "C -2" Use if there exists in the area sought 45 to be zoned any residential, commercial, industrial, or other 46 use which would be non - conforming under the terms of this section, 47 however, the area may be zoned, if the developer guarantees the 48 removal or discontinuance of the non - conforming use. 49 50 Section 4: 51 52 That Section 40- 19 -(4) of the Municipal Code of the City 53 of South Bend, Indiana, 1962 as amended, be amended so that 54 same shall be and read as follows: 55 5 6 (4) Permitted Uses 57 5 8 A. Neighborhood Center 59 60 1. Appliance Repair 61 2. Bakery (5 operating employees) 62 3. Banks 63 4. Barber Shop 64 5• Beauty Shop 6 5 6. Bicycle Sales and Repair 66 7. Books and Newspapers 67 8. Candy Store 68 9. Clothing and Clothing Accessories 69 10. Delicatessen 70 11. Dressmaker - Tailor 71 12. Dry Cleaners, pick -up and self- service (not more 72 than 5 operating employees) 73 13. Dry Goods. 74 14. Drugs 75 15. Five and Ten -cent Store 76 16. Flower Shop 77 17. Gift Shop 78 18. Groceries 79 19. Hardware 80 20. Hobby and Toy Store 81 21. Ice Cream Parlor 82 22. Ice Storage (not more than 5 ton capacity) 83 23. Jewelry Sales and Repair 84 24. Key Shops 85 25. Laundromats, self- service (not more than 5 86 operating employees) 87 26. Laundry, pick -up (not more than 5 operating employees) 88 27. Magazines 89 28. Meat Market 90 29. Medical Clinics and Offices 91,. 92 93 94 95 96 97 98 99 100 101 102 103 104 105 1 06 107 108 109 110 111 112 113 114 115 116 1 17 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 30. 31. 32. 33. 34. 36. 37. 38. 39. 40. 41. 42. 43. -3 Milliner Paint and Wallpaper Stores Package Liquor Photographic and Art Equipment Radio -TV Service and Repair Restaurants Shoe Repair Shoes Sporting Goods (Primary use Stationery Store Tobacco Products Tools (Small tools rental and Variety and Drygoods Stores. Accessory buildings and uses to any of the above uses. b. Community Center is sale of new equipment) service store) customarily incidental 1. All uses permitted ih 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. Photographic 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: -4- Section 5: That Section 40 -19 , of the Municipal Code of the City of South Bend, Indiana, 1962, as amended, be further amended by the deletion of the following section: (5) Floor Area Ratio. Section 6: That Section 40- 19 -(7) of the Municipal Code of the City of South Bend, Indiana, 1962, as amended, be amended so that same shall be and read as follows: (7) Parking Requirements. Off street customer parking spaces within the uC-2w District 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 Durpose of the ordinance "GROSS LEASABLE AREA" shal be defined.as: The total floor area designed for tenant occupancy including basements, mezzanines and upper floors, but excluding areas specifically designated for storage; expressed in square feet and measured from the center line of joint partitions and from outside wall faces. 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. 191 192 193 194 196 5 197 198 199 200 201 2 02 203 2 04 2 05 206 207 208 2 09 210 2 11 2 12 2 13 214 215 216 217 218 2 19 220 221 222 223 224 2 25 2 26 227 228 229 230 231 2 32 233 234 2 35 236 237 2 38 -5- 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 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 areas shall be directed away such a way as not to create F. Marking to illuminate off street parking from residential properties in a nuisance. 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. -6- Section 7: 239 That Section 40- 19 -(9) of the Municipal Code of the City 2 40 of South Bend, Indiana, 1962, as amended, be amended so that 2 42 same shall be and read as follows: 2 43 (9) Yards. No building shall be less than 50 feet or any 2 44 parking area less than 20 feet from any street right -of -way line. 245 246 Neighborhood Center: For the purose of providing a buffer area 247 no building shall be less than-50-feet or any parking area less 2 48 than 20 feet from any property line which abuts a residential 2 49 zoning district. 250 251 Community Center: For the purpose of providing a buffer area 2 52 no building shall be less than 100 feet or any parking area less 2 53 than 30 feet from any property line which abuts a residential 254 zoning district. 2 55 256 Regional Center: For the purpose of providing a buffer area no 67 building shall be less than 1.00 feet or any parking area less 258 than 30 feet from any property line which abuts a residential 260 zoning district. 261 All open space areas, excluding parking and access areas or 2 62 areas where structures are proposed, shall be reasonably land - 2 64 scaped and maintained. The Area Plan Commission may require 2 65 that shrubbery forming a permanent screen be maintained at not 2 65 less than six feet in height and in conformance with the pro- 267 visions of Section 40- 35 -(0) of the Municipal Code, along any 268 property line which abuts a residential zoning district. 269 0 Section 8: 271 This Ordinance shall be in full force and effect from 272 and after its enactment, approval by the Mayor and legal 273 publication. iha2nd REA)ING- 3 -a ? -6& A:VembeF of the Common Council o e City of South Bend, Indiana OOMMITTEF OF THE WHOLE y, � � � „� c. PUBLIC HEARING 4 —\\ 1. 3rd READN tk _ L G NOT ATPROVED REFERRED ,PASSED _ .