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Home My WebLink AboutAmending Chapter 21 New Subsection Relative to the Outdoor Display and Sales of AutomobilesORDINANCE No. 10337 -14 Passed by the Common Council of the City of South Bend, Indiana Attest: Attest: November 10, 20 14 Presented by me to the Mayor of the City of South Bend, Indiana November 12, JOHN 20 14 Approved and signed by me O' �U 2im L ✓ 1 2_ 20 1 '1 n 4- N, a City Clerk 0 j esident of Common Council City Clerk S 14a�)-- Mayor Ordinance No. to 33 -N AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 3, COMMERCIAL/MIXED USE DISTRICTS, TO ADD A NEW SUBSECTION TO COMMUNITY BUSINESS DISTRICT AND GENERAL BUSINESS DISTRICT RELATIVE TO THE OUTDOOR DISPLAY AND SALES OF 8111111100 J-12 SK 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. Certain changes are deemed necessary for a more affective administration of the ordinance. The outdoor display or sales of merchandise operate differently than the outdoor display of other products, creating a need for a more specific set of standards to regulate such uses. 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 3 Commercial/Mixed Use Districts, Section 21 -03.05 (b) (3) (A) Minimum Front Yards, is hereby amended as follows: ii. along all other streets — may include: parking areas, or gasoline sales areas, provided that no portion of such areas may be located closer to the right -of -way than fifteen (15) feet; parking of automobiles associated with a legally established dealership; driveways; or, signs as regulated by Section 21 -07.03 — Sig_n Regulations of this Ordinance, and shall otherwise be maintained as open space free from buildings or structures; Section II. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Commercial/Mixed Use Districts, Section 21 -03.05 (b) (11) (C) Outdoor Display or Sales of Merchandise, is hereby amended as follows: iv. shall not be located between the front fagade of the primary building and the front lot line, . :,lea however, automobile sales uses y display NIF'Ihisle.. At ffiiy leeet:en on the lot authorized for the leeation of q ffi..s..eet ,,..,.b:,...... and, Section III. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Commercial/Mixed Use Districts, Section 21 -03.05 (b) (11) Outdoor Operations, is hereby amended as follows: (D) Outdoor Display or Sales of Automobiles, when permitted by Special Exception: i. shall be a minimum of five (5) feet from the greater of the proposed right -of- way or existing right -of -wad ii. shall not be located in any required minimum side yard, minimum rear yard, minimum front Residential Bu jferyard, side Residential Buffervard, or rear Residential Bu (feryard; iii. shall provide direct access to an interior access drive for each vehicle displayed for sale; and iv. shall be considered parking areas for the purpose of determining and providing interior parking areas in compliance with Section 21- 07.01(d) Interior Off - Street Parking Area Landscaping and subsequent Sections 21- 07.01(¢) Installation of Landscaping and 21- 07.01(h) Maintenance of Landscaping. "to (E) (€�to(F) Section IV. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Commercial /Mixed Use Districts, Section 21 -03.07 (b) (3) (A) Minimum Front Yards, is hereby amended as follows: ii. along all other streets — may include: parking areas (inelading vehioular parkin efautomobiles n :rated with legally established dealeFshipy, or gasoline sales areas, provided that no portion of such areas may be located closer to the right - of -way than fifteen (15) feet; parking of automobiles associated with a legally established dealership; driveways; or, signs as regulated by Section 21 -07.03 — Sign Regulations of this Ordinance, and shall otherwise be maintained as open space free from buildings or structures; Section V. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Commercial/Mixed Use Districts, Section 21 -03.07 (b) (11) (B) Outdoor Display or Sales of Merchandise, is hereby amended by removing subsection (iv) as follows: Section VI. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Commercial/Mixed Use Districts, Section 21 -03.07 (b) (11) Outdoor Operations, is hereby amended as follows: (C) Outdoor Display or Sales of Automobiles: i. shall be a minimum of five (5) feet from the greater of the proposed right-of- way _ or existin right -of -way; ii. shall not be located in any required minimum side yard, minimum rear yard, minimum front Residential Bufferyard, side Residential Buffervard, or rear Residential By fferyard; iii. shall provide direct access to an interior access drive for each vehicle displayed for sale; and iv. shall be considered parking areas for the purpose of determining and providing interior barkinz areas in compliance with Section 21- 07.01(d) Interior Off - Street Parking Area Landscaping and subsequent Sections 21- 07.01(8) Installation of Landscaping and 21- 07.01(h) Maintenance of Landscaping. (42) to (D) (D) to (E) (E-) to (F) Section VII. This Ordinance shall be in ful Common Council and approval by the May, by the Presented by me to the Mayor of the City of South Bend, Indiana on the Z Z day of JJv -,,L,,ei ,2014, at `-ate o'clock_g___._m. City Cler_ E1� V Approved and signed by me on the day of &Aj c,,, -L, , 2014 at o'clock �. m. Mayor of t e , South Bend, Indiana KcAD.jNG l —Z2 —L l[ PUBLIC HEARING 3 rd READING NOT APPROVGD y / REFERRED PASSER 6��to,ly Filed 8r y "I'fice L 0014 tn H "BEND, IN TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole. to whom was referred: BILL NO. 48 -14 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE, ARTICLE 3, COMMERCIALWIXED USE DISTRICTS, TO ADD A NEW SUBSECTION TO COMMUNITY BUSINESS DISTRICT AND GENERAL BUSINESS DISTRICT RELATIVE TO THE OUTDOOR DISPLAY AND SALES OF AUTOMOBILES Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation. This bill was heard by the Zoning & Annexation Committee. Valerie Schey Chairperson, Committee of the Whole • LAWRENCE P. MAGLIOZZI EXECUTIVE DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD., ROOM 1140 COUNTY -CITY BUILDING, SOUTH BEND, INDIANA 46601 ( 5 7 4 1 235 9571 September 11, 2014 Oliver Davis, President South Bend Common Council Fourth Floor, County -City Building 227 W. Jefferson Blvd. South Bend, IN 46601 RE: Area Plan Commission Initiated Petition to Amend Various Sections of the South Bend Zoning Ordinance Dear Mr. Davis: Attached is a proposed ordinance that was initiated by the Area Plan Commission. The purpose of this ordinance is to establish detailed development standards for the outdoor display and sales of automobiles in the Community Business and General Business Districts. I am requesting that the attached ordinance be placed on the September 22, 2014 Council agenda for First Reading. The Area Plan Commission will hear this ordinance on October 21, 2014. If you have any questions, please feel free to contact me. Sincer y, P Lawrence P. Magliozzi Offlc® 17 2014 ac: ClivCeLE�Stt, , 9END.IN SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE. NORTH LIBERTY, OSCEOLA, & ROSELAND W W W ST 10 s E PH C D U M E Y IN D i A M A C 0 M i A, r v