HomeMy WebLinkAboutAmend Zoning - Exceptions to the District RegulationsORDINANCE No. 4115
Passed by the Common Council of the City of South Bend, Indiana
10. 1956
Presented by me to the Mayor of the City of South Bend,
September 11, 1956
193_
Clerk
of Common Council
Approved and signed by me September 11, 1956 193—
C
Clerk
r K-9JKn
ORDINANCE NO. 4115 AUG 10 iSS
AN ORDINANCE TO AMEND ORDINANCE NO. 370�R E DA G NOBLE
AS AMENDED, WHICH ORDINANCE IS COMMONLY
KNOWN AS THE ZONING ORDINANCE OF THE CITY CLERK
CITY OF SOUTH BEND, INDIANA
BE IT ORDAINED by the Common Council of the City of South Bend that Ordinance
No. 3702 be amended as follows:
SECTION I. That Ordinance No. 3702 be amended by the addition to Section 18
of the following sub - section:
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,
demand 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 detri-
mental 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 ordinance and with the Comprehensive Plan of the City
of South Bend.
(c) The Board may require any engineering drawings or specifica-
tions, 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.
(b) Cemetery. Provided that no graves shall be located less
than 50 feet from any property line.
Section 18, Sub - section e. (2) contd. Page 2
(c) Swimmin Pool or Recreation Center. Provided 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 50 feet from any
lot line; (3) adequate off - street parking is provided; (4)
re- circulation systems with filtering and disinfection
equipment meeting the requirements of the State Board of
Health is provided.
(d) Gol£ Driving Ran es Miniature 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 density does not exceed
one family per acre within 500 feet of the lot boundary.
(3) In "B" 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 40% of the
lot area; (3) the building shall retain substantially the
appearance of a dwelling.
SECTION II. This ordinance shall be in full force and effect from and after
its passage by the Common Council, approval by the Mayor of the City of South Bend,
and legal publication.
W& 2nd READINS
COMMITTEE OF THE WH@LF
PUBLIC HEARING
3rd REAOINE ��lo l S'(,
NOT ArPjWVE0
r
REFERRED �._- � .....:..............1 S`
PASSED q�l D/S-� L (`.A DEPARTi:" ENN
/' Member o the Common ouncil
CITY OF SOUTH. BEND
SOUTH BEND, INDIANA L
CITY PLANNING COMMISSION
r(r _� 11
}' 19 195
Ray A. WOROEN
PRESIDENT
FREDA G. NOBLE
J. FRANK MILER
CITY CLERK
VICE-PRESIDENT
DONALD L. ADAIR
RAYMOND S. ANDRYSIAK
F. R. HENREKIN
BERT MDCLELLAN
CHESTER MUSZYNSKI
GALEN S. SARGENT
CHARLES A. VAN DEVEIRE
FLOYD WERNTZ, JR. August 3, 1956
ROBERT L. HUFF
DIRECTOR OF PLANNING
The Honorable Common Council
City of South Bend
South Bend, Indiana
Gentlemen:
Attached ordinance creates an additional section which
will give the Board of Zoning Appeals very limited
discretionary power to grant exceptions to the district
regulations under specified conditions.
Chapter 174, Acts of 1947, constitutes enabling legisla-
tion for said exceptions.
The ordinance was initiated by your Planning Commission,
and after public hearing, duly advertised, is favorably
recommended.
Very truly yours,
��J
Robert L. Huff
Director- Secretary
RLH:aed
Attachment: Ordinance
Section 18, e.