HomeMy WebLinkAboutAmending Chapter 21 Overlay and Special use DistrictsORDINANCE No. 10308 -14
Passed by the Common Council of the City of South Bend, Indiana
Attest:
JOHN
May 12, 20 14
Presented by me to the Mayot"of the City of South Bend, Indiana
May 13, 20 14
Clerk
President of Common Council
JUHN VOORDE
Approved and signed by me A0 i 17 20 /y
City Clerk
T, ,.
Ordinance No.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE,
ARTICLE 4, INDUSTRIAL DISTRICTS TO EXCLUDE USES ALREADY
PERMITTED AS A PRIMARY USE FROM THE SPECIAL EXCEPTION USE
SUBSECTION; AND MODIFYING ARTICLE 6, OVERLAY AND SPECIAL USE
DISTRICTS, TO ADD A NEW SUBSECTION RELATIVE TO THE APPLICABILITY
OF THE NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA OVERLAY
ZONING DISTRICT TO PLANNED UNIT DEVELOPMENTS.
STATEMENT OF PURPOSE AND INTENT
The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance
that went into effect on May 7, 2004. Any use permitted as a primary use in GI General
Industrial District is allowed as a special exception use in the LI Light Industrial District. The
modification eliminates any duplication of uses as both primary and special exception uses.
Furthermore, in August 2011, Section 21 -06.03 was added creating the Northeast
Neighborhood Development Area Overlay Zoning District (NNZO). Under the provisions for
Planned Unit Developments (PUD) the petition shall specify development standards for each
use proposed. The addition of this section would allow the developer of a PUD to create
alternative design standards appropriate to the development proposed.
NOW, THEREFORE, be it ordained by the Common Council of the City of South Bend,
Indiana, as follows:
Section I. Chapter 21, Zoning of the South Bend Municipal Code, Article 4 Industrial
Districts, Section 21 -04.01 (a) (2) Special Exception Uses, is hereby amended by modifying
subsection (A) as follows:
(A) Unless otherwise permitted as a Primary Use in Section 21- 04 -.01 (a) (1) above any
Any Primary Use listed in the GI District.
Section II. Chapter 21, Zoning, of the South Bend Municipal Code, Article 6 Overlay and
Special Use Districts, Section 21 -06.03 (b) Applicability, is hereby amended by adding a new
subsection (5) as follows:
Planned Unit Development — As part of an application for a Planned Unit
Development the applicant may proposed alternative development standards that do
not adhere to the standards of the NNZO If approved by the Common Council these
alternative development standards will control the development of the site In the event
that no alternative development standards are proposed then the standards contained
within this NNZO will og vern.
Section III. This Ordinance shall be in full force and
Common Council and approval by the Mayor. /1�
Attest -.
dA J L�,f
City Clerk
and after its passage by the
Council
Presented by me to the Mayor of the City of South Bend, Indiana on the ( 31 I'^ day
of
,2011, at L `D'r o'clock__V._m.
C ct� oa
City Cle 1 13V-Al
Approved and signed by me on the I day of M%4 - 20V 14
at 5",'30 o'clock f. m.
ayor of the City of South Bend, Indiana
1 st READING 3
PUBLIC HEARINGS-0--N S 1 b_�11
3rd READING S_lL.- tr QJ 5 "SAY' UAq
NOT APPROVED
REFERRED
PASSED 5 —(2 —I� Q.S fu,bJy -�
Filed in Clerk's "ice
APR 16 2014]
1 � _
9__,,11'y LLr-Kro, iUUTH BEND, IN
JOHN W. BYORNI
EXECUTIVE DIRECTOR
LARRY MAGLIOZZI
DEPUTY DIRECTOR
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W, JEFFERSON BLVD. ROOM 1 140 COUNTY-CITY BLDG. SOUTH BEND, INDIANA 46601 (574) 235 - 9571
Wednesday, April 16, 2014
The Honorable Council of the City of South Bend
4th Floor, County -City Building
South Bend, IN 46601
RE: An Ordinance initiated by the Area Plan Commission on behalf of the the Common Council of the City of
South Bend, Indiana, Amending Chapter 21 of the South Bend Municipal Code, Article 4, Industrial Districts
to exclude uses already permitted as a primary use from the Special Exception Use subsection; and modifying
Article 6, Overlay and Special Use Districts, to add a new subsection relative to the applicability of the
Northeast Neighborhood Development Area Overlay Zoning District to Planned Unit Developments. - APC#
2701 -14.
Dear Council Members:
I hereby Certify that the above referenced ordinance of APC Initiated was legally advertised on Thursday, April
03, 2014 and that the Area Plan Commission at its public hearing on Tuesday, April 15, 2014 took the following
action:
Upon a motion by John DeLee, being seconded by Michelle Hektor and unanimously carried, the
Ordinance initiated by the Area Plan Commission on behalf of the the Common Council of the City of
South Bend, Indiana, Amending Chapter 21 of the South Bend Municipal Code, Article 4, Industrial
Districts to exclude uses already permitted as a primary use from the Special Exception Use
subsection; and modifying Article 6, Overlay and Special Use Districts, to add a new subsection
relative to the applicability of the Northeast Neighborhood Development Area Overlay Zoning District
to Planned Unit Developments, is sent to the Common Council with a favorable recommendation. The
text amendments address certain changes that are necessary and practical to revise and clarify various
sections of the South Bend Zoning Ordinance.
PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the
Common Council's first reading. The amended Ordinance was legally advertised and heard by the Area Plan
Commission.
The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown
in the minutes of the public hearing, and will be forwarded- teyevata- later -dateade a part of this report.
I Filed in Claw s Office
Sincerely,
_JAn W.Byornmiv 7u `
2014
CITY CLERIC, 60j'i'H BEND, IN
SERVING: ST.JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLAAND ROSELAND
w sgosephcoun tylndiana.com /Areaplan
Staff Report
APC #
Owner:
Location:
Jurisdiction:
Public Hearing Date:
2701 -14
APC Initiated
Text Amendment
City of South Bend
4/15/2014
3/31/2014
Requested Action:
The requested action presents two text changes, amending Chapter 21, Zoning of the South
Bend Municipal Code: Article 4 Industrial Districts and Article 6 Overlay and Special Use
Districts
Staff Comments:
The following changes are proposed:
Article 4 Industrial Districts - Eliminate duplication of uses as both Primary Uses and
Special Exception Uses by excluding those otherwise permitted within the district.
Article 6 Overlay and Special Use Districts - Add a subsection to the Northeast
Neighborhood Development Area Overlay Zoning District to allow the developer of a
PUD to create alternative design standards appropriate to the development proposed.
Recommendation:
Based on information available prior to the public hearing the staff recommends the text
amendments be sent to the Common Council with a favorable recommendation.
Analysis:
The text amendments address certain changes that are necessary and practical to revise and
clarify various sections of the South Bend Zoning Ordinance.
APC # 2701 -14 Page 1 of 1