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HomeMy WebLinkAboutAmending Zoning Ordinance Section 4-B "C-2" Planned Shopping Center DistrtictORDINANCE No. 4056 Passed by the Common Council of the City of South Bend, Presented by me to the Mayor of the City of South Bend, Ind'ana JULY 26TH, 193/-5-5— A Clerk of Common Council Approved and signed by me JULY 26TH, 193/55 Clerk ORDINANCE NO. O S(O G' AN ORDINANCE AMENDING ORDINANCE NO. 3702 COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF SOUTH BEND, INDIANA BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: SECTION I. That Ordinance No. 3702 be amended to establish an additional Section, to wit: SECTION 4 -B "C -211 Planned Shopping Center District 1. Intent. The intent of this section is: (a) To establish a commercial district to serve the surrounding residential districts in which traffic and parking conjestion is reduced to a minimum; (b) To protect and preserve property values in the surrounding residential districts; (c) That, insofar as possible, all neighborhood commercial areas in newly developed portions of the City shall take place in a "C -2" District. 2. Conditions Precedent to Zoning District Change. No area shall be zoned for "C -2" use: (a) Unless the area has an acceptable relationship to improved major thorough- fares which possess an adequate capacity to carry the additional traffic generated by the commercial district. (b) If there exists in the area any residential, commercial, industrial, or other use which would be non - conforming under the terms of this section. 3. Uses Permitted. The following uses are permitted: (a) Establishments for the sale at retail of convenience and shopping goods, as• follows: 1. Bakery, in which nothing is baked except for retail sale on the premises 2. Books and Newspapers 3. Candy Store 4. Clothing and Clothing Accessories 5. Department Store 6. Delicatessen 7. Drugs 8. Dry Goods 9. Five and Ten -cent Store 10. Flower Shop 11. Furniture, new only 12 Gift Shop 13• Groceries 14. Hardware Page - 2 - 3. Uses Permitted. .(cont}d.) 15• Hobby and Toy Store 16. Home Appliances, new only 17. Ice Cream Parlor 18. Jewelry 19• Magazines 20. Meat Market 21. Musical Instruments, new only 22. Office Supply, new only 23. Photographic and Art Equipment 24. Package Liquor 25. Photographic Studio 26. Shoes 27. Sporting Goods, new only 28. Stationery Store 29• Tobacco Products (b) Establishments for service and the repair of clothing and household equipment, as follows: 1. Appliance Repair 2. Barber Shop 3. Beauty Shop 4. Cold Storage Lockers 5. Dressmaker - Tailor 6. Dry Cleaning Pick -up Agency 7. Laundry Pick -up Agency 8. Milliner 9. Restaurant 10. Radio and Television Service 11. Shoe Repair 12. Watch, Camera, and Jewelry Repair (c) Establishments for the conduct activities,caslf financial, professional, and management 1. Banks 2. Medical Clinics 3. Offices, general 4. Offices: governmental, estate professional, insurance, real 4. Land Area. No "C -2" district shall contain less than three (3) acres. 5. Floor Area Ratio. The area occupied by all buildings in this district shall not exceed twenty -five (25) per cent of the area of the district, excluding streets, alleys, and other public ways. 6. District Width. Each "C -2" district shall have an average width of not less than 200 feet, and no boundary line shall be less than 100 feet in length. 7. up 0 Page - 3 - Parking Requirements. Off- street customer parking space within the "C -2" district shall be provided in the ratio of 10 parking spaces for each 1,000 square feet of gross floor area, not including basement storage space. The parking area shall be suitably graded, drained, paved with a durable, dust -free, hard surface, and suitably lighted if the facility opeates after sundown All areas shall have appropriate wheel stops or bumps guards Loading Require ments. One off - street space for standing, loading and unloading shall be provided for each 25,000 square feet of aggregate gross floor space for all buildings in this district. Such space is defined as an area of appro- priate dimensions, at least 50 feet in depth, 12 feet in width, with an overhang clearance of not less than 14 feet, exclusive of access, platform, or maneuver- ing area, to be used exclusively for the loading and unloading of merchandise. All truck-loading and unloading facilities shall be designed with appropriate means of truck access to a street or alley as well as maneuvering areas. All such facilities shall be suitably graded, drained, and surfaced. Yards. No building shall be less than fifty (50) feet from any lot line. No parking area shall be less than twenty (20) feet from any lot line. However, in a "C -2" district containing ten (10) or more acres, no building shall be less than one hundred (100) feet from any lot line; no parking area shall be less than thirty (30) feet from any lot line. Along any property line abutting a residen- tially zoned district, the area between the set -back and the property line shall be sodded, planted, and shrubbed to form a permanent screen which shall be main- tained at not less than six (6) feet in height. 10. Height Limit. No building shall exceed three stories or forty (40) feet in height. 11. Divided District. For the purpose of calculating the minimum area, lot width, lot dimension, floor area ratio, percentage of lot covered by building, and yard requirements established by this section, a single "C -2" district cannot lie on two sides of a public street or alley. Any area designated "C -2" district and lying on both sides of a public street or alley shall be deemed to be two "C -2" districts, and all minimum requirements shall be met by buildings on each side- of said street or alley as separate districts. 12. Development Plan Required. The proponents of a Planned Shopping Center shall submit a preliminary development plan and supporting data for review and tenta- tive approval of the City Planning Commission, said supporting data to include, but not be limited to, an economic analysis and a traffic survey prepared by reputable analysts and a clear showing by the proponents of financial responsi- bility to carry the proposal to completion in full compliance with the develop- ment plan and the requirements of this section. Upon approval of the Commission, . the proponents shall submit a final development plan, which shall incorporate any changes or alterations requested by the Commission. In approving the pre- liminary and final development plan the Commission shall require, in addition to the requirements of this section, the following: Mitt Of MTIM ]. Pedestrian and traffic safety, both within and surrounding the Shopping Center. 2. The separation of truck service from customer traffic. 3— Accessibility and suitability of the site. Page - 4 - 1`, .Issuance of Building Permit. No building permit shall be issued unless development Plans and supporting markedaor ateanmped on said 1planswith the the Commission and such app Commission's seal of approval. 14. Revocation of Building Permit. Any person who fails to commence construc- tion of the Shopping Center within twenty -four (24) months after the date of final approval of the development plan or who fails to carry to comple- tion 100 per cent (100 %) of the development plan within three (3) years after said final approval or within two (2) years after construction is begun, whichever is later, or who fails to conform to the provisions of the final development plan and supporting blliie shall accordance Commission to show cause at a pub such approval should not be with SECTION 23 ofbOrdidsnceNo. 3702, d withdrawn and any g permit 15. Certificate of Own • It shall be unlawful to use or pennit the use of any building or premises or part thereof, heaftepacreatin itseuse orestnruca� converted, moved, altered or enlarged, whol or rtlY ture, until a Certificate of Occupancy shall have been issued therefor by the Building Commissioner. No Certificate OV Oceixpancy shall be issri edaspeer approved the use of a "C�2" District unlem and until the development -plan, finally and stamped by the City Planning Commission, has been fully accomplished and completed in accordance with such approved final development plan. a to Development Plans. The developer of a Planned Shopping Center in any "C -2'1 District shall submit a written request to the final any change, alteration, amendment, or extension to the preliminary development plan. If, in the opinion of the Commissions ssion he requested change is sufficiently substantial to so warrant, the roves hearing as prescribed under SECTION 23, above. If the Commission app such change, it will notify the Building Commissioner who shall issue a building permit accordingly. SECTION II. This Ordinance shall be in full force and effect from and after its enactment, approval by the Mayor, and legal publication. INk2nd READING '%- A OM" '__ OF THE WHW PIlRLic HEARING M REARIH6 Member of the Common Council of. the City of South Bend, Indiana WT A"WVE® REfERRED PAS6E9