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HomeMy WebLinkAboutAmending Chapter 21, Article 2, Regarding the Parking of Oversized vehicles in "A"Residential DistrictsORDINANCE No. 9~a, a9 Passed by the Common Council of the City of South Bend, Indiana, September 27, 19 99 Attest: Attest: City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana September 27, 19 99 City Clerk Approved and signed by me September 29, 19 99 Mayor ORDINANCE NO. 1 ~ 1 ~ -' l AN ORDINANCE AMENDING CHAPTER 21, ARTICLE 2 OF THE SOUTH BEND MUNICIPAL CODE REGARDING THE PARKING OF OVERSIZED VEHICLES IN "A" RESIDENTIAL USE DISTRICTS IN THE CITY OF SOUTH BEND, INDIANA Statement of Purpose and Intent The Common Council of the City of South Bend, Indiana, has determined that in certain narrowly defined instances the pazlcing of vehicles used in the transportation of school children to and from school or to and from school sponsored activities should be permitted in "A" Residential Use Districts. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCII. OF THE CITY OF SOUTH BEND, INDIANA, THAT: Section 1. Chapter 21, Article 2, Section 21-8 of the South Bend Municipal Code is amended as follows: Sec. 21-8. "A" Residential District; uses permitted (a) In the "A" Residential District buildings or premises may be used, and buildings may be erected or structurally altered, for the following uses only: (1) Single-family dwellings of the following types: (l.l) Site-constructed home; (1.2) Modular home; and (1.3) Manufactured home, Type A; provided the following information is certified to the building commissioner upon application for a building permit: (A) Manufacturer, (B) Model name, serial number, (C)Yeaz of Manufacture; (D) Exterior dimensions; (E) Roofing material; and (~ Siding material and treatment. (2) Churches. (3) Libraries. (4) Farming. (5) Accessory uses customarily incidental to any of the above uses and not involving the conduct of a business, except that the legal title holder to a dwelling, living in such dwelling for not less than nine (9) months during the calendaz year may provide lodging for no more than two (2) persons living and cooking as a single housekeeping unit, however, if for compensation the lodging must be for a term of at least three months as established by a written lease, unless otherwise restricted by the provisions of Division 13 of this article. (6) A home occupation is permitted only with the following conditions: There shall be no person or persons except members of the occupants' immediate family employed, nor shall any electronic or mechanical equipment be employed except that customarily associated with domestic use. There shall be no substantial increase in foot traffic. The following shall be considered some examples of customary home occupations, as intended by this section: author, artist, bookkeeping, data processing, record keeping, sculptor, teacher, typing, minister, dressmaking, millinery, seamstress, tailor, home cooking and preserving, laundry and ironing. Such uses shall not be considered home occupations: personal service shops such as beauty and barber shops, restaurants, boazdinghouses, animal hospitals, dancing schools, real estate or insurance brokerages, undertaking establishments, sale of fishing tackle or bait, nursery schools, radio, television or appliance repair. No displays, signs or nameplates shall be permitted. (7) Accessory buildings including one (1) private garage whether attached to the house or as a separate building, unless otherwise restricted by Chapter 21. (8) Recycling drop off center as an accessory use to churches, schools, libraries, and hospitals having a pazking lot containing not less than twenty (20) pazking spaces provided that the area used for the recycling drop off center does not reduce the number of required parking spaces for the principal use as set forth in Article S. Off-street Parking and Loading Facilities, of this chapter. (9) Hospitals, which are not penal or correctional institutions, provided that: (A) The lot to be used is at least four (4) acres. (B) No part of any building shall be located less than fifty (50) feet from any bounding lot or street line. (10) No tractor, trailer, tractor-trailer combination, or vehicle equal to or in excess of one and one half (1 'fi) tons capacity may be pazked upon any land or premises in an "A" Residential District. However. the foregoing shall not apply to school buses, used for the transportation of school children to and from school or to and from a school sponsored activity, between the hours of 8:00 a.m. and 5:00 p.m. an~da~pt Saturdays Sundays and legal holidays on designated snow routes of a sufficient width as determined by the Boazd of Public Works. Nothing in this section is intended to affect the alreadv re lated pazking on desi ated snow routes durin a snow emer enc or other areas in which azkin is re fated by duly authorized signs. SECTION II. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. ~~ `--~e9-1'~' Member, South Bend Common Council 1st READING ~.Lb-`~`~ PU6LlC HEARWG ~- Z?~~ 1 3rd READING r},-'L~_~~ NOT APPROVED REFERRED /~~c~ P~~ 1`Lb``~a1 J U L 2 it 1999 PAS,S~ ~l-Z2 -~ 1 COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 56-99 A BILL AMENDING CHAPTER 21, ARTICLE 2 OF THE SOUTH BEND MUNICIPAL CODE REGARDING THE PARKING OF OVERSIZED VEHICLES IN "A" RESIDENTIAL USE DISTRICTS IN THE CITY OF SOUTH BEND, INDIANA 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. Charlotte Pfeifer Chairman 1400 COUNTY-CITY BUILDING SOUTH BENDS INDIANA 46601-1$30 PHONE 219/235-9241 Fax 2191235-9892 TDD 219/235-5567 CITY OF SOUTH BEND STEPHEN ,J. LUECKE~ MAYOR DEPARTMENT OF LAW ,JOHN E. BRODEN CITY ATTORNEY Mr. Sean Coleman, President South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 July 20, 1999 ALADEAN M. DEROSE CHIEF ASSISTANT CITY ATTORNEY Re: Proposed Amendments Regarding the Pazlcing of Oversized Vehicles in "A" Residential Use Districts Deaz President Coleman: Enclosed for filing with the South Bend Common Council please find a proposed amendment to the Zoning Ordinance of the South Bend Municipal Code initiated by the South Bend Common Council which would address changes to the Zoning Ordinance regazding the pazlcing of oversized vehicles in "A" Residential Use Districts. This ordinance stems from many meetings over the past several months initiated by Common Council Member Karl King wherein various representatives of the City of South Bend have met with representatives of the South Bend Community School Corporation and drivers of school bus vehicles. Common Council Member Roland Kelly also had the opportunity to attend a number of these meetings. If you have any questions in regard to this matter, please do not hesitate to contact me. Sincerely, JEB/jl Enclosure THOMAS L. BODNAR E. Broden ~~_.-.. -. -_...y.~.~--~-- ~:,,~. Attorney I~~~ oEG i.~3~:'~~:6 ~lya~~ ~ ,! ~l [_ 2 (~ 199 LO; ~: iTa ~. I3J~ ", G{'f`~' CLEF;;:, d~. ~ E"2I',1`3. BRIAN W. STEINKE MICHELLE L. ENGEL ,JEFFREY M. JANKOWSKI ROBERT C. ROSENFELD ANN-CAROL HASH ' Area Plan Commission of St. Joseph County - - • 1140 County-City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 Robert W. Sante John W. Byorni Executive Director Assistant Director Phone 219 235-9571 Fax 219 235-9813 August 18, 1999 The Honorable Common Council City of South Bend County-Ctt Bldg. - 4th Floor South Bend, IN 46601 RE: A proposed ordinance initiated by the Common Council of the City of South Bend amending Chapter 21, Article 2 of the South Bend Municipal Code regarding the parking of oversized vehicles ~n "A" Residential use districts in the City of South Bend, Ind>ana - APC #1945-99 Dear Council Members: The above referenced ordinance initiated by the Common Council was legally advertised on August 5, 1999. The Area Plan Commission at its public hearing on August 17, 1999, took the following action: Upon a motion by John McNamara, being seconded by Lew Powell and unanimously carried, the proposed ordinance initiated by the Common Council of the City of South Bend amending Chapter 21, A><-ticle 2 of the South Bend Municipal Code regarding the parking of oversized vehicles in "A" Residential use districts in the City of South Bend, Indiana is sent to the Common Council with a favorable recommendation. This petition allows school busses to park on snow routes in residentially zoned areas during regular working hours. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public heartng, and will be forwarded to you at a later date to be made a part of this report. Attached, for your consideration in tl~e review of this matter, is a copy of the Area Plan Commtsston's Staff Report. Sinc ely, bet . Sante RWS:sr Attachment Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana STAFF REPORT August 9, 1999 Common Council of the City of South Bend 1945-99 Location: City of South Bend REQUESTED ACTION: This is an Area Plan Commission initiated petition to amend the South Bend Municipal Code regarding the parking of oversized vehicles in "A" Residential Districts. PRELIMINARY STAFF RECOMMENDATION: Based on information available prior to the public hearing, the staff recommends that this petition be sent to the Common Council with a favorable recommendation. This petition allows school busses to park on snow routes in residentially zoned areas during regular working hours.