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HomeMy WebLinkAboutAmending Zoning Ordinance Off Street Parking ans Loading FacilitiesORDINANCE No. 4821 -65 Passed by the Common Council of the City of South Bend, December 13 zq 65 Presented by me to the Mayor of the City of South Bend, Approved and signed by December 14 zg 65 Clerk of Common Council Clerk IDEAL 64JEW PRESS ORDINANCE CLERK'S Uf i'. i'.. AN ORDINANCE AMENDING ORDINANCE NOV 17W05 NO. 3702 COMMONLY KNOWN AS "THE ZONING ORDINANCE OF THE CITY OF KATHRYN L. BLOUGH SOUTH BEND, INDIANA" CITY CLERK, SOUTH BEND, IND, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION 1: 1 That Ordinance No. 3702 commonly known as "The Zoning 2 Ordinance of South Bend, Indiana," be amended by the addition 3 thereto of the following section: 4 5 SECTION 17 -B 6 7 OFF STREET PARKING AND LOADING FACILITIES 8 9 A. Scope of Regulations 10 11 The off street parking and loading provisions of this 12 ordinance shall apply as follows: 1. 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 loading 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. 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, 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 lo6 107 108 109 110 111 112 113 1 14 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 Page 2 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 Dart 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, Natitoriums, Exhibition Halls & Places of Assembly without fixed seats. Animal Hospitals Apartment Hotels Automobile Service Stations Automobile Washing and Cleaning Establishments Banks Bowling Alleys Churches or Temples 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. 1 per each employee plus 2 for each service stall; minimum of 5 spaces. 1 per 2 employees plus 1 per owner or manager plus reservoir spaces equal to five (5) times capacity of laundry. 1 per 200 square feet of floor area. 5 per alley. 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 accomodated in accordance with design capacity or 1 per 5 seats in main auditorium whichever is greater Commercial & Trade Schools 1 per 5 students plus 2 per 3 employees. 131 132 133 134 135 136 1 37 138 139 140 141 1 42 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 1 77 178 179 180 181 182 183 184 185 186 187 188 1 89 190 191 192 193 194 195 Page 3 USE PARKING SPACES Funeral Homes and Mortuaries 1 per 50 square feet floor area in service rooms. General Service or Repair Establishments, Printing, 1 per 3 employees 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 and Art Galleries 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 10 plus 1 per 300 square feet of floor area over 2000 square feet. 1 per 2 employees on maximum working shift plus adequate space to accomodate 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. Private Clubs, Dormitories, 2 per 3 sleeping rooms or 1 Fraternities, Sororities & per 5 members, whichever is Lodges - With Sleeping Rooms 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 Der 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. 196 197 198 199 200 201 202 203 204 205 206 207 208 2 09 210 211 212 213 214 215 216 2 17 218 219 220 221 222 223 2 24 225 226 227 2 28 229 230 231 232 233 234 235 236 237 2 38 239 240 241 242 243 244 245 246 247 248 249 250 251 2 52 253 254 2 55 256 257 258 259 260 261 262 C. D. USE Restaurants (except Drive -ins), Night Clubs, Taverns & Lounges Retail Stores or Personal Service Establishments Rooming, Boarding or Lodging Houses Senior High Schools Page 4 PARKING SPACES 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 1 per 2 staff members. Theatres, Auditoriums, 1 per 5 seats plus 1 per Gymnasiums, Stadiums, 2 employees. Arenas, Convention Halls and Places of Assembly with fixed seats. 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 Dwellings including Apartment Buildings, Hotels, Offices, Hospitals or similar institutions; private Clubs & Lodges, Educa- tional and Cultural Institutions; places of, public assembly. Funeral Home or Mortuary Retail, Service Repair Establishments, Restaurants 10,000 to 200,000 each additional 200,000 8,000 to 100,000 each additional i 100,000 X5,000 to 10,000 10,000 to 40,000 401000 to 100,000 100,000 to 250,000 each additional 250,000 1 1 additional 1 1 additional 1 2 4 1 additional Warehousing & Storage; — 5,000 to 20,000 1 Wholesale & Industrial f 20,000 to 100,000 2 Establishments teach additional 100,000 1 additional 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. Page 5 263 2. New Parking and Loading Spaces 264 265 The parking and loading facilities required for any 266 new or enlarged use shall be a continuing obligation 267 of the owner of the real estate on which such use is 268 located and shall not be reduced in total extent, 269 except upon the approval of the Board of Zoning Appeals 270 and then only after proof that by reason of diminutiond,°"' 271 in floor area, seating capacity, number of employees, 272 number of dwelling units, or change in other factors 273 controlling the regulation of the number of parking 274 spaces, the proposed reduction is reasonable and 275 consistent with the intent of this ordinance. 2 76 277 3. Location of Spaces 278 2 79 a. Off Street Loading Facilities 280 281 All required loading spaces shall be located on the 282 same lot or parcel as the use served. 283 284 b. Off Street Parking Facilities 285 286 All parking spaces required herein shall be located 287 on the same lot or parcel with the building or use 288 served, except that (1) when an increase in the 289 number of spaces is required by a change or 290 enlargement of use or (2) when practical difficulties, 291 as determined by the Board of Zoning Appeals, prevent 292 their establishment upon the same lot or parcel., 293 the required spaces may be located on a properly 294 zoned lot not to exceed 500 feet from the main 295 entrance of the building or use being served. In 296 any case, where the required narking spaces are 297 not located on the same lot with the building or 298 use served, a written agreement thereby assuring 299 their retention for such purposes,. shall be properly 300 drawn and executed by the parties concerned, 301 approved as to the form by the City Attorney and 302 shall be filed with the application for a building 303 permit. 304 305 4.. Fractional Measurements 306 307 When determination of the number of off street 308 spaces required by this ordinance results in a 309 requirement of a fractional space, the narking 310 spaces required shall be construed to be the next 311 highest whole number. 312 313 5. Uses Not Specifically Listed 314 315 The parking and loading space requirements for a 316 use not specifically listed in the off street 317 parking and loading schedules contained herein 318 shall be the same as for a listed use of similar 319 characteristics of parking and loading demand 320 generation as determined by the Building Commissioner. 321 322 6. Mixed Uses 323 324 In the case of mixed uses, uses with different 325 parking and loading requirements occupying a building 326 or premises, the spaces required shall equal the 327 sum of the requirements of the various uses computed 3 28 separately. 329 330 7. Collective Provision 331 332 Nothing in this ordinance shall be construed to 333 prevent the joint use of off street parking Page 6 334 facilities if the total number of spaces so 335 provided is not less than the sum of the separate 336 requirements for each use and provided that all 337 regulations governing location of spaces, in 338 relation to the use served, are adhered to. 339 340 8. Large Scale Apartment Developments within the 341 Central Business District. 342 343 Apartment buildings located within the central 345 business district or its fringe and containing 100 346 units or more may provide a minimum of two (2) spaces 347 per three (3) dwelling units. For purposes of this 348 ordinance, the fringe shall consist of a tier of 3 49 three blocks around the central business district 350 as shown on the attached map which map is designated 3 51 as "The Central Business District and Fringe" and 352 is hereby made a part of this ordinance. 353 354 9. Units of Measurement 3 55 356 a. Employees 357 358 The rumber of employees shall be compiled on 359 the basis of the maximum number of persons 3 60 employed on the premises at one time on an 3 61 average day or average night, whichever is 362 greater. Seasonal variations in employment 363 may be recognized in determining an average day. 364 365 b. Floor Area 366 367 For of nb 368 ments,r "floor area" shall l econsidereduthe 369 gross floor area (as defined in Section 1 - 370 "Definitions ") devoted to the use being served. 371 372 For purposes of determining parking require - 373 ments, "floor area" shall be considered the 374 sum of the gross horizontal areas of the 375 several floors of the building, or portion 376 thereof, devoted to a specific use; and shall 377 include any basement floor area devoted to 378 retailing activities, to the production or 379 processing of goods, or to business or prof - 380 essional offices. 381 382 10. Design Standards - Off Street Parking Facilities 383 3 84 a. Minimum Area 385 386 Each off street parking space shall contain an 387 area of not less than 200 square feet as 388 defined in Section 1 - "Definitions ", 389 390 b. Access 391 3 92 Each required off street parking space shall 393 open directly upon an aisle or driveway of 394 such width and design as to provide safe and 3 95 efficient means of vehicular access to such 396 parking space. All off street parking facil- 3 97 ities shall be designed with appropriate 398 means of vehicular access to a street or alley 399 in a manner which will least interfere with 400 traffic movement. 401 402 C. Surfacing 4 03 404 All open off street parking areas containing 405 more than four parking spaces diall be surfaced 4 06 with a durable, dust free cement concrete or Page 7, 407 hot or cold bituminous concrete surface, which 408 meet or exceed minimum specifications prescribed 409 by the Board of Public works and Safety.. 4 10 411 d. Drainage and Maintenance 412 413 Off street parking facilitiesahall be graded so 4L4 as to prevent drainage onto ahutting property and/ 415 or into the public streets and alleys. Dry wells 416 of a construction capacity and design approved by 417 the City Civil Engineer shall be installed to 4 18 collect all runoff water unless adequate storm 419 sewers or drainage ditches are available. Dry 420 wells shall be cleaned periodically so that they 421 will collect the design capacity of runoff water. 422 These drainage provisions shall not apply where 423 a different method of disposing of said runoff water 424 is ordered by the Board of Public works & Safety. 425 Parking areas shall be maintained in a clean and 426 orderly condition at the expense of the owner or 427 lessee and not be used for the sale, repair, or 428 dismantling or servicing of any vehicles, equipment, 429 materials or supplies. 430 431 e. Lighting 4 32 433 Any lighting used to illuminate off street parking 434 areas shall be directed away from residential 435 properties in such a way as not to create a 436 nuisance. 4 37 4 38' f. Marking 4 39 440 Parking spaces in facilities containing ten spaces 441 or more shall be parked by painted lines or curbs 442 or other means to indicate individual spaces. Such 443 parking areas shall provide bumper guards or curbs 444 where parking spaces abut street right of way lines. 445 Signs or markers shall be used as necessary to 446 insure efficient traffic operation of the facility. 447 448 g. Screening 4 49 450 when off street parking areas for more than four 451 parking spaces are located closer than 50 feet 452 to a lot in a residence district, or to any lot 453 upon which there is a dwelling as a permitted use 454 under this Zoning Ordinance and where such parking 456 is not entirely screened visually from such lot 457 by an intervening building or structure, there 458 shall be provided .a continuous visual screen with 459 a height of not less than six (6) feet nor more 460 than eight (8) feet. Such screen shall consist of 461 a densely planted compact hedge or a wall or fence 462 and shall be located in accordance with the 463 provisions of Section 17 (o) of this Zoning 6 464 Ordinance. 465 467 h. Parking in Required Yards 468 469 Off street parking spaces shall not be located in 470 a required front yard or side yard adjoining a 471 street. 4 72 473 11. Design Standards - Off Street Loading Facilities. 4 74 475 a. Minimum Size 476 477 A required off.street loading space shall be at 478 least 10 feet wide by at least 30 feet in length 479 for buildings less than 20,000 square feet and at 500 least 12 feet wide and at least 60 feet in length 501 502 503 504 5 05 50$ 507 508 5 09 510 511 512 513 514 515 516 517 518 5 19 520 5 21 522 523 524 5 25 526 527 528 5 29 5 30 531 12 Section 2: 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. C. Drainage and Maintenance. Open off street loading facilities shall be graded, and surfaced as required for parking areas in subsection 10 -c and d above. Submission and Approval of Plans drained 1 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. This Ordinance shall be in full force and effect from and after its passage, approval by the Mayor, and legal publication. 11/65 Is1 & 2nd READING '�-� COMMITTEE OF THE WHOU 3 PUBLIC HEARING 1 3 - (-S 3rd READING I " 3 NOT APPROVED REFERRED PASSED / a - /3 - 4,5- December 13, 1965 QTotttli t1W 11t! ort wo the Tommon (Qottncd of tip TUH of 0OW4 lorak: Your Committee of the Whole to whom was referred "AN ORDINANCE AMENDING ORDINANCE N0, 3702, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA, (Off Street Parking) Respectfully report that they have examined the matter and that in their opinion the Ordinance go to the Council as favorable. � 24 Chairman