HomeMy WebLinkAboutAmend Zoning Ordinance - Condition Precedent to Zonging District Change, Yards, Supporting Data RequiredORDINANCE No. 4116
Passed by the Common Council of the City of South Bend, Indiana
September 10, 1956 193
Presented by me'to the Mayor of the City of South Bend,
September 11, 1956
Clerk
Of Common Council
Approved and signed by me September 11, 1956
e4MW7
Clerk
L. L
ORDINANCE NO.
AN ORDINANCE TO AMEND ORDINANCE NO. 370 P,1)u 10 1956
AS AMENDED, 14HICH ORDINANCE IS COMMONLY�'-
KNOWN AS THE ZONING ORDINANCE OF THE FR E DA G. N 0 B LE
CITY OF SOUTH BEND, INDIA14A CITY CLERK
BE IT ORDAINED by the Common Council of the City of South Bend that Ordinance
No. 3702 be amended as follows:
SECTION I. That the following sub - sections of SECTION 4 -B of Ordinance No. 3702
be amended so that the same shall be and read as follows:
1. Sub - section 2.
2.
3. Condition Precedent to Zoning District Change. No area shall be zoned for
4. "C -2" use if there exists in the area sought to be zoned any residential,
5. commercial, industrial, or other use which would be non - conforming under the
6. terms of this section.
7.
8. Sub - section 9.
9.
10. Yards. No building shall be less than fifty (50) feet from any lot line. No
11. parking area shall be less than twenty (20) feet from any lot line. However,
12. in a "C -2" district containing ten (10) or more acres, no building shall be
13. less than one hundred (100) feet from any lot line; no parking area shall be
14. less than thirty (30) feet from any lot line. Along any property line abutting
15. a residentially zoned district, the area between the setback line and the
16. property line shall be sodded and planted. The City Planning Commission may
17, require that shrubbery forming a permanent screen shall be maintained at not
18. less than six (6) feet in height as close to the property line as existing
19. ordinances permit.
20.
21. Sub - section 12.
22.
23. Supporting Data Required. The proponents of a Planned Shopping Center shall
24. submit supporting data for review and tentative approval of the City Planning
25. Commission, said supporting data to include, but not be limited to, an
26. economic analysis and a traffic survey prepared by reputable analysts and a
27, showing by the proponents of financial responsibility to carry the proposal to
28. completion in full compliance with this section. If the area is zoned 11C -211,
29. the proponents shall submit a development plan vh ich shall conform to the
30, supporting data to the City Planning Commission for its approval or disapproval.
31. In acting upon the development plan the Commission may require additions,
32. alterations, or changes to the development plan and details thereof as a
33. prerequisite of approval. The Commission shall require, in addition to the
34. requirements of this section, provisions for the following:
35.
36. (a) Pedestrian and traffic safety, both within and surrounding the
37. Shopping Center.
38.
39. (b) The separation of truck service from customer traffic.
Section 4 -B, Ordinance No..,3702, contd. Page 2
40. Sub- section 13.
41.
42. Issuance of Building Permit. No building permit shall be issued unless the
43. development plan has been given final approval by the Commission and such
44. approval marked or stamped on said plan with the Commission's seal of approval.
45.
46. Sub - section 14.
47.
48, Revocation of Building Permit. Any person who fails to commence construction
49. of the Shopping Center within twenty -four (24) months after the date of final
50, approval of the development plan or who fails to carry to completion 100 per
51. cent (100 %) of the development plan within three (3) years after said final
52, approval or within two (2) years after construction is begun, whichever is
53. later, or who fails to conform to the provisions of the development plan shall
54. be required by the Commission to show cause at a public hearing, duly advertised
55. in accordance with SECTION 23 of Ordinance No. 3702, why such approval should
56. not be withdrawn and any building permit revoked.
57.
58. Sub- section 15.
59.
60. Certificate of Occupancy. It shall be unlawful to use or permit the use of any
61. building or premises or part thereof, hereafter created, erected, changed,
62, converted, moved, altered or enlarged, wholly, or partly in its use or structure,
63. until a Certificate of Occupancy shall have been issued therefor by the Building
64. Commissioner. No Certificate of Occupancy shall be issued permitting the use
65. of a "C -2" District unless and until the development plan, as approved and
66. stamped by the City Planning Commission, has been fully and finally accomplished
67. and completed.
68.
69. Sub - section 16.
70.
71. Amendments to Development Plans. The developer of a Planned Shopping Center in
72. any "C -2" District shall submit a written request to the Commission for any
73. change, alteration, amendment, or extension to the development plan. If, in
74. the opinion of the Commission, the requested change is sufficiently substantial
75. to so warrant, the Commission will hold a public hearing as prescribed under
76. SECTION 23, above. I£ the Commission approves such change, it will notify the
77. Building Commissioner who shall issue a building permit accordingly.
78.
79. SECTION II. This ordinance shall be in full force and effect from and after
80.
81. its passage by the Common Council, approval by the Mayor of the City of South Bend, and
82.
83. legal publication.
Ist & 2nd READING $(J 3I :(a
COMMITTEE OF THE WNDL[
PUBLIC HEARING H J10'S(�
3rd READING N // 0 1 3-L
L.................
APPRO
NOT AMUViD
REFEWD
?ASSN r4 �l 0 j Sa
By
Member of the =on Council
Supplement to
1 0 tg56
Proposed Amendment of
Zoning ordinance, No. 3702 FREDA G. NOBLE
CITY CLERK
1. SECTION 4 -B, "C -211 Planned Shopping Center District.
2.
3. 2. Condition Precedent to Zoning District Change. No area shall be zoned for
4. "C -2" use: if there exists in the area sought to be zoned any residential,
5. commercial, industrial, or other use which would be non - conforming under the
6. terms of this section.
7.
8. �a} Unless the area leas an aeeeptable relatolenship to impreve4 ata;jer therettgh-
9. €apes i4tieh pessese an adequate eapaei-tg to earryF the add#tiena= tra € €ie
10. generated b-y the eeEmeretal district.
11.
12. fib} If there exists in the area any residential, &&amerelal, €ngustPia , eP
13, eolteP ties 4 19h Kertld be nen- een€erming ender the teems e€ th19 seetien.
14.
15. 9. YARDS. No building shall be less than fifty (50) feet from any lot line. No
16. parking area shall be less than twenty (20) feet from any lot line. However,
17. in a "C -2" District containing ten (10) or more acres, no building shall be
18. less than one hundred (100) feet from any lot line; no parking area shall be less
19. than thirty (30) feet from any lot line. Along any property line abutting a
20. residentially zoned district, the area between the setback line and the property
21. line shall be sodded and planted, and shrulabed.te €arse The ELZ Planning
22. Commission may require that shrub forming a perm t s
anencreen whdeh shall. be
23. maintained at not less than six 6 be .feet in height as close_to the p:Lor_t-C line
24. as existing ordinances ep rmit.
25.
26. 12. Development Plan Regt*iped. SUPPORTING DATA REQUIRED. The proponents of a
27. Planned Shopping Center shall submit a preliminary development pxu;: an
28. supporting data for review and tentative approval of the City Planning Commission,
29. said supporting data to include, but not be limited to, an economic analysis and
30. a traffic survey prepared by reputable analysts and a elear showing by the
31. proponents of financial responsibility to carry the proposal to completion in
32. full compliance with the devei:epseeat plan and tke regtirefieats e€ this section.
33. Upen appPeval- e€ the bet ss3sa, If the area is zoned "C -211, the proponents
34. shall submit a final development plan, whi. -ch shall €neerperate any el-ranges er
35. alteratians requested by the Cure }en conform to the supporting data, to the
36. City Planning Commission for its approval or disapproval. In appresng the
37, prellrmknarg and final: acting upon the development plan the Commission shall may
38. require additions, alterations, or changes to the development plan and details
39. thereof as a prerequisite of approval. The commission shall require, in addition
40. to the requirements of this section, provisions for the following:
41.
42. (a) Pedestrian and traffic safety, both within and surrounding the Shopping
43. Center.
44.
45. (b) The separation of truck service from customer traffic.
46.
47. Aeeeseib €litg and suitabil-k-ty e€ the site.
SECTION 4 -13, 110-2" Planned Shopping Center District, contd. Page 2
48• 13. ISSUANCE OF BUILDING PERMIT. No building permit shall be issued unless the
49. development plans aid &uppertl -ag data lease has been given final approval by the
50. Commission and such approval marked or stamped on said plans with the Commission's
51. seal of approval.
52.
53. 14. REVOCATION OF BUILDING PERMIT. Any person who fails to commence construction of
54. the Shopping Center within twenty -four (24) months after the date of final
55. approval of the development plan or who fails to carry to completion 100 per cent
56. (100 %) of the development plan within three (3) years after said final approval
57. or within two (2) years after construction is begun, whichever is later, or who
58. fails to conform to the provisions of the final development plan and sxppeptlag
59• daaa shall be required by the Commission to show cause at a public hearing, duly
60. advertised in accordance with SECTION 23 of Ordinance No. 3702, why such approval
61. should not be withdrawn and any building permit revoked.
62.
63• 15. CERTIFICATE OF OCCUPANCY. It shall be unlawful to use or permit the use of any
64. building or premises or part thereof, hereafter created, erected, changed,
66. converted, moved, altered or enlarged, wholly, or partly in its use or structure,
99 : converted,
a Certificate of Occupancy shall have been issued therefor by the Building
67. Commissioner. No Certificate of Occupancy shall be issued permitting the use of
68. a "C -2" District unless and until the development plan, as approved and stamped
69. by the City Planning Commission, has been fully and finally accomplished and
70. completed :�n aeeo-Fdaaee with saekr apppgved € }ter'= Bevel epmeatr glas.
71.
74. 16. AMENDMENTS TO DEVELOPMENT PLANS. The developer of a Planned Shopping Center in
73. any "C -211 District shall submit a written request to the Commission for any
74. change, alteration, amendment, or extension to the pipellm}nafy eP €ice develop -
75• ment plan. If, in the opinion of the Commission, the requested change is
76. sufficiently substantial to so warrant, the Commission will hold a public hearing
77• as prescribed under SECTION 23, above. If the Commission approves such change,
78. it will notify the Building Commissioner who shall issue a building permit
79. accordingly.
10 1056
FREDA G. NOBLE
CITY CLERK
Robert L. Huff
Director- Secretary
CITY OF SOUTH BEND
SOUTH BEND. INDIANA
CITY PLANNING COMMISSION
X11
Roy A. WORDEN
PRESIDENT
J. FRANK MILES N C)SLE
VICE-PRESIDENT FIR DA G•
C17y CLERK
DONALD L. ADAIR
RAYMOND S. ANDRYSIAK
F. R. HENREKIN
BERT MCCLELLAN
CHESTER MUSZYNSKI
GALEN S. SARGENT
CHARLES A. VAN DEVEIRE August. 3, 1956
FLOYD WERNTZ, JR.
ROBERT L. HUFF
DIRECTOR OF PLANNING
The Honorable Common Council
City of South Bend
South Bend, Indiana
Gentlemen:
The attached ordinance amending Ordinance No. 3702,
and particularly Section 4 -B, known as the "C -211
Planned Shopping Center District, was legally adver-
tised on 23 July, 1956, and heard at public hearing
on 2 August, 1956•
The intent of the amendment is to clarify the ordinance
in light of the judgment and decree of Superior Court
No. 2, in cause No. A -825, being Topping, et al, versus
Municipal City of South Bend, Inatana, the South Bend
City Planning Commission, and Herman N. Light. The
attached ordinance is unanimously recommended by your -
Planning Commission for adoption.
The supplementary sheets attached show the deletions
from Section 4 -B, as now exists, by a line drawn through
same; the additions are similarly underlined.
Very truly yours,
RIH:aed
Attachments: Ordinance
Supplementary sheets