HomeMy WebLinkAboutZoning OrdinanceORDINANCE No. 3702
Passed by the Common Council of the City of South Bend, Indiana
S t
- Presented by me to the Mayor of the City of South Bend, Indiana
JM 14TH. �930—
Clerk
of Common Council
Clerk
Approved and signed by me JIINE 14TH 19g8—
Mayor
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I
I I�G R I H t
OF TFIE
Ca7YO SOUTH I'MEND
INDIANA
ORDINANCE.
A DOPTED
COPY NO.--29T
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F('-IAY 231949 ,,,uiiTEE Of THE WHOLE C - /,s- 31X
NOW ilEAHING
MAYME DU MONT 3rd lUk.0
CITY CLERK N01 A ?PFOY Q
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Vdi #11 •:t q: y2
AN ORDINANCE to regulate and restrict the location of trades, callings,
Eareas stries, commercial enterprises, and the location of buildings designed for
ified uses; to regulate and limit the height of buildings hereafter erected
ltered; to regulate and determine the area of yards and other open spaces
t buildings; to regulate and determine the density of use of land and lot
, and for said purposes to divide the city into districts and prescribe
lties for the violation of its provisions and to provide for its enforcement
a borad of zoning appeals .
WHEREAS, the Common Council of the City of South Bend, Indiana, deems it
necessary, in order to conserve the value of property in the city and to the end
that adequate light, air, conveniences of access and safety from fire and other
dangers may be secured, that congestion of the public streets may be lessened or
avoided, and that the public health, safety, comfort, convenience, morals and
general welfare may otherwise be promoted in accordance with a well considered
and comprehensive plan for the use and development of all property through out
the city, Now, Therefore,
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA
SECTION 1.
Definitions
For the purpose of this ordinance certain terms and words are herewith
defined.
Words used in the present tense include the future; words in the singular
number include the plural, and words in the plural number include the singular;
the word "building" includes the word "structure ", the word "shall" is to be
interpreted as mandatory, and not directory. Any words not herein defined shall
be construed in their generally accepted meanings.
ACCESSORY BUILDING: A subordinate building, or part of main building, the use of
which is incidental to that of the main building.
ALLEY: A public way, other than a street or public court which affords secondary
access to property.
APARTMENT HOUSE: A building or portion of a building designed or used as a
residence for three or more families or households living independently of each
other.
BASEMENT: A story having at least half of its height below the finished grade.
A basement shall be counted as a story if subdivided and used for dwelling or
business purposes.
BLOCK: A length of street from one intersecting street to the neat intersecting
street. The property fronting on a length of street between two streets which
join or intersect such length of street.
BOARDING IJOUSE: A building other than a hotel, where lodging and meals are pro-
vided for five (5) or more persons for compensation.
BOARD: Board of Zoning Appeals.
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BUILDING: A structure consisting of foundation, wall's, floor and roof enclosing
space to be occupied.
BUILDING, HEIGHT OF: The vertical distance measured from the established street
grade to the highest point in the coping of a -11at roof, to the deck line of a
mansard roof and to the average height between eaves and ridge of a gable, hip
or gambrel roof. For buildings set back fr%. tie streot line, the height of
building may be measured from the average el>va`,._on of the finished grade along
the front of the building, provided its distance from the street line is not less
than the height of such grade above establishe;.' grade.
BUSINESS: An enterprise involving selling, storing or process goods or eom.
modities or the rendering of services,
BUSINESS, COMMERCIAL: A retail business selling to the public.
BUSINESS, INDUSTRIAL: An enterprise engaged in the manufacture, the processing
of materials or the assembling of parts into finished or semi- finished products;
also the repair or reconditioning of produots, appliar_ces, machines, furniture or
other goods which involve manufacturing operations or processes. This class of
business may be further subdivided into Light Industrial or Heavy Industrial.
CERTIFICATE OF OCCUPANCY: A certificate issued by the Building Department
authorizing an occupancy under the Zoning Law.
COMMERCIAL USE: See Business, Commercial.
COMMISSION: South Bend City Plan Commission.
COURT: An open, unoccupied space, other than a yard, on the same lot with a
building and which is bounded on two or more sides by the building.
DWELLING, ONE FAMILY: A building designed for, or occupied exclusively by one
family.
DWELLING, TWO FAMILY: A building designed for or occupied exclusively by two
families living independently and exclusively of each other.
DWELLING, MULTIPLE FAMILY: See apartment House.
FAMILY: One or more persons living in the same housekeeping accomodations. One
complete and separate dwelling unit.
FRONTAGE: The contact of abutting property with a street which affords unob"
structed access to the property.
GARAGE, PRIVATE: An accessory building with capacity for storing not more than
three motor vehicles, and used for storage only.
GARAGE, PUBLIC: A garage, other than a private garage, used for the storage,
care, repair or servicing of motor vehicles, or where such vehicles are stored
for remuneration or sale..
GRADE, ESTABLISHED: The elevation of the street grade in front of a property as
fixed by the engineering department of the city.
HOTEL: A building designed or occupied as a more or less temporary abode, and
in which there are fifteen (15) or more sleeping rooms.
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LODGING HOUSE:- A building other than a hotel, where lodging for more than five
(5) persons is provided for compensation.
LOT: A parcel of ground bet apart by recognized boundary lines, and having
frontage upon a street.
LOT OF RECORD: A lot which is a part of a subdivision, the map of which sub-
division has been recorded in the office of the Recorder of St. Joseph County,or
^or which a deed has been recorded in the office of the Recorder of said county.
TAT, CORNER: A lot at the junction of two streets, with frontage on two of its
boundary lines,
IOT, LNTERIOR: A lot with frontage on but one street.
TAT, THROUGH: A lot having frontage on two parallel or approximately parallel
strec.ts.
TAT LINES: The boundary lines of a lot as herein defined.
MAJOR BUILDING: A building housing the principal occupancy on a lot.
OCCUPANCY: The use to which a building or premises is devoted.
OCCUPATION, HOME: Personal services conducted in a home by the occupant alone,
not involving sales or display rooms.
PLACE: An open, unoccupied space, other than a street or alley, permanently
reserved for purpose of access to abutting property.
SETBACK: The minimum horizontal distance between the street line and the front
line of the building, or any projection thereof, excluding steps, unenclosed
porches and sun - parlors.
SUN - PARLOR: A Glass enclosed porch.
STORY: That portion of a building between the surface of any floor and the sur-
face of the floor above, or if there be no floor above it, to.the ceiling next
above.
STORY,HALF: A story under a gable, gambrel or hip roof, the wall plates of which
on at least two opposite exterior walls, are not more than two (2) feet above the
floor of such story.
STREET: A public thoroughfare more than sixteen (16) feet wide which affords the
principal access to the abutting property.
STRUCTURE: An edifice or building of any kind, or any piece of work artificially
built up or composed of parts joined together in some definite manner.
STRUCTURAL ALTERATION: Any change in the supporting members of a building such
as bearing walls, columns, beams or girders.
YARD: An open space, other than a court, on the same lot with a building and
unobstructed from the ground upward, except as otherwise provided herein.
YARD, REAR: A yard extending across the full width of the lot between the rear
line of the building and the rear lot line,
YARD, SIDE: Open space between the building and the side line of the lot.
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Section 2,
Use District Regulations
In order to regulate and restrict the location of trades, callings,
industries, commercial enterprises and the location of buildings designed for.
specified uses, the city of South Bend is hereby divided into "Use Districts,"
of whieh there shall be seven, known as:
"A" Residence District
"A -1" Residence District
"B" Residence District
"C -1" Commercial District
"C" Commercial District
"D" Light Industrial District
"E" Heavy Industrial District
The City of South Bend is hereby divided into seven (7) districts, afore-
said, and the boundaries of such districts are shown upon the map attached hereto
and made a part of this ordinance, being designated as the "Use District Map" and
said map and all the notations, references, and other things shown thereon shall
be as much a part of this ordinance as if the matters and things set forth by
said map were all fully described therein.
Section 3,
"A" Residence District
In the "A" Residence District buildings or premises may be used, and
buildings may be erected or structurally altered, for the following uses only:
(1) One family dwellings
(2) Churches
(3) Schools
(4) Libraries
(5) Farming and truck gardening
(6) Uses customarily incident to any of the above uses and
not involving the conduct of a business.
(7) Home occupation, office of physician, surgeon, dentist,
when located in the dwelling place of such person, prop
vided no nameplate exceeding one square foot in area is
used.
(8) Accessory buildings including one private garage whether
attached to the house or as a separate building.
(9) Signs, not exceeding 8 square feet in area, appertaining
to the lease, or sale of a building or premises.
(10) Uses which are uncertain in their classification under
foregoing headings shall be reviewed by the board of
Zoning Appeals and the interpretation of said Board shall govern.
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Section 3 -A
"A -1" Residence District
In the A -1 Residence District buildings or premises may be used, and
buildings may be erected or structurally altered for the following uses only:
1. Any use permitted in the "A" use District
2. Two family dwellings.
Section 4.
"B" Residence District
In the "B" Residence District buildings or premises may be used, and
building may be erected or structurally altered for the following uses only:
(1) Any use permitted in the "A" Residence District
(2) Two family dwellings
(3) Apartment Houses
(4) Boarding and lodging houses
(5) Hotels
(6) Institutions of an educational, philanthropic or eleemosynary
nature.
(7) Hospitals, public or private'clinics, and nursing homes.
(8) Private clubs, fraternities and lodges.
(9) Nurseries and greenhouses for propagating and growing only.
(10) Public garages for storage purposes only,and where no repair
facilities are maintained in "B" and "C" Height and Area Dis.
tricts and accessory to Items 3 -5 -6 -7 above provided further
that no such public garage shall have an entrance or exit for
vehicles within fifty (50) feet of an entrance or exit of a
public or private school, playground, public library, church,
hospital, children's or old people's home or any other similar
public or semipublic institution.
(11) Accessory buildings customarily incident to any of the above
uses and not involving the conduct of a business,
(12) Uses which are uncertain in their classification under the fore-
going headings shall be reviewed by the Board of Zoning Appeals
and the interpretation of said Board shall govern in each case.
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Section 4-A.
"C -1" Commercial Dittriot
In the "C -1" Commercial District buildings or premises may be used and
buildings may be erected or structurally altered, for the following uses only:
(1) Any use permitted in the "B" use district except one and two
family houses.
(2) Antique and gift shops
(3) Barber Shop
(� =) Beauty Shop
(5) Book and stationary shop
(6) Clothing and apparel stores
(7) Confectionery store
(8) Drug store
(9) Fire Station
(10) Florist shop
(11) Grocery and food stores
(12) Lunch room
(13) Office Building
(14) Buildings that are accessory to uses permitted in this district.
(15) Uses which are uncertain in their classification under the fore-
going headings shall be reviewed by the Board of Zoning Appeals
and the interpretation of said Board shall govern.
Section 5,
"C" Commercial District
In the "C" Commercial District buildings and premises may be used,and
building may be erected or structurally altered for the following uses only:
(1) Any use permitted in the "C -1" Commercial District
(2) Auto accessories stores
(3) Automobile salesrooms
(4) Awning and tent sales and service
(5) Ballrooms
(6) Bakeries with not more than five operating employees
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(7) Banks.
(8) Bicycle and appliance sales and repair
(9) Cleaning and dyeing plants with not more than five operating
employees
(10) Clothing stores
(11) Custom tailor shops
(12) Department stores
(13) Dry goods stores
(14) Farm implement and supply stores, when stock is completely housed
(15) Floor covering salesrooms
(16) Fraternities, lodges and clubs
(17) Furniture stores
(18) Furnace sales and service, with stock completely housed
(19) Garage, Public for storage, sale,repair and reconditioning of
motor cars, provided that no public garage shall have an entrance
or exit for motor vehicles within fifty (50) feet of an entrance
or exit of a public or private school, playground, public
library, church, hospital, children's or old peoples home or
other similar public or semi - public institution.
(20) Gasoline stations
(21) Greenhouses, for growing and sales
(22) Hardware stores
(23) Hotels
(24) Household outfitting stores
(25) Ice storage, with not more than five (5) tons capacity
(26) Industrial uses that are clearly incidental to a retail business
on the same premises
(27) Jewelry sales and repair
(28) Janitor's supply store
(29) Kitchen equipment stores
(30) Laboratories, medical and dental
(31) Laundries, with not more than five (5) operating employees
(32) Leather goods stores
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(33) Letter service
(34) Loan Companies
(35) Locksmith
(36) Lumber sales with stock entirely housed
(37) Machine shops with not more than five (5) operating employees
(38) Manufacturing or assembly shop with not more than five (5) oper-
ating employees
(39) Meat Market
(40) Mortuary
(41) Moving picture theatre
(42) Music store
(43) News dealers
(44) Newspaper plant
(45) Office Buildings
(46) Office equipment and supplies
(47) Paint, paper and glass stores
(48) Photograph studios
(49) Photographers' equipments supplies and service
(50) Plumbing and heating shops
(51) Printing shops
(52) Radio sales and service
(53) Restaurants and taverns,
(54) Signs and billboards
(55) Store fixture sales rooms
(56) Theatres
(57) Tire dealers, with all service housed
(58) Tobacco stores
(59) Upholstering shop
(60) Used car sales lots
(61) variety stores '
(62) Veterinary Hospital
(63) Wholesale display and sales +,
(64) Uses which are uncertain in their classification under the fore-
going headings shall be reviewed by the Board of Zoning Appeals
and the interpretation of said Board shall govern.
Section 6.
"D" Light Industrial District
In the "D" Light Industrial District buildings and premises may be used,
and building may be erected or structurally altered for the following uses only:
(1) Bakery
(2) Blacksmith shop
(3) Bottling plant
(4) Building materials storage yard
(5) Carting, express, hauling or storage yard
(6) Contractors' plant and storage yard
(7) Coal, coke and wood yard
(8) Dairy plant
(9) Dyeing and cleaning plant
(10) Foundry, aluminum
(11) Garage, public
(12) Garment factory
(13) Highway freight terminal
(14) Ice manufacture and storage plant
(15) Knitting and weaving plant
(16) Laundry
(17) .Lumber yard
(18) Machine shop
(19) Milk distributing station
(20) Plastic parts casting
(21) Poultry killing and dressing
(22) Public utilities
(23) Refrigerating locker plants
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(24) Signs and Billboards
(25) Storage warehouse
(26) Tool and die shop
(27) Used car sales lots
(28) Welding shops
(29) Uses which are uncertain in their classification under the fore-
going headings shall be reviewed by the Board of Zoning Appeals
and their interpretation shall govern.
Section 7.
"E" Heavy Industrial District
7A Permitted Use:
In the "E" Heavy Industrial District Buildings and premises may be used
for any Industrial purpose, not in conflict with any ordinance of the City of
South Bend or statute of the State of Indiana
7B Uses Requiring Specific Approval of the Board of Zoning Appeals
Building and premises may be used for any of the following industrial
purposes, not in conflict with any ordinance of the city of South Bend or the
statute of the State of Indiana, when the location of such use shall have been
approved by the Board of Zoning Appeals after public hearing.
(1) Abattoir
(2) Acid manufacture
(3) Cement, lime, gypsum or plaster. of Paris manufacture
(4) Explosive Manufacture or storage
(5) Fertilizer manufacture
(6) Garbage, offal or dead animal reduction
(7) Glue manufacture, fat rendering or distillation of bones
(8) Junk yards, yards for wrecking automobiles, collection and
storing of paper, rags, metals or sundry reclaimed materials.
(9) Petroleum refining
(10) Refuse Dumps
(11) Smelting or reduction of copper and zinc or of iron ore
(12) Stock yards
(13) Tannery
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Section 8.
Non - Conforming Uses.
A. The lawful use of land existing at the time of the passage of this ordin-
ance, although such use does not conform to the provisions hereof, may be con..
tinued, but if such non - conforming use is discontinued, any future use of said
premises shall be in conformity with the provisions of this ordinance.
B. The lawful use of a building existing at the time of the passage of this
ordinance may be continued, although such use does not conform with the provi-
sions hereof, and such use may be extended throughout the building, provided no
structural alterations, except those required by law or ordinance, are made
therein. If no structural alterations are made, a non- conforming use of a build -
ing may be changed to a use permitted in the same use district as that which
the existing use is permitted or to a more restricted district according to the
provisions of this ordinance.
C. Whenever a Use District shall be hereafter changed, any then existing
non - conforming use in such changed district may be continued or Changed to a use
permitted in the same use district as that in which the existing use is permitted,
provided all other regulations governing the new use are complied with. I
D. Whenever a non - conforming use of a building has been changed to a more
restricted use or to a conforming use, such use shall not thereafter be changed
to a less restricted use.
Section 9.
Height and Area District Regulations
A. In order to regulate and limit the height of buildings hereafter erected
or structurally-altered; to regulate and determine the area of yards, courts and
other open spaces about buildings, and to regulate and determine the intensity
of use of land and lot areas, the City of South Bend is hereby divided into
districts of which there shall be seven (7) known as:
"A"
Height
and Area District
"B"
Height
and Area District
"C"
Height
and Area District
"D"
Height
and Area District
"E"
Height
and Area District
"F"
Height
and Area District
"G"
Height
and Area District
B. The boundaries of such districts, shown upon the map attached hereto and
made a part of this ordinance, are hereby established, said map being designated
as the "Height and Area District Map," and said map and all the notations,
references and other information shown thereon shall be as much a part of this
ordinance as if the matters and information set forth by said map were all fully
described herein
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C. Except as hereinafter provided no building shall be erected or structurally
altered except in conformity with the regulations herein established for the
height and area district in which such building is located, subject, however,
to such modifications as may be imposed by the St. Joseph County Aviation
Commission.
D. No lot area shallbe so reduced or diminished that the yards or open spaces
shall be smaller than prescribed by.this ordinance, nor shall the area of any
residential lot be reduced to less than forty -eight hundred (4800) sq. ft.
Section 10.
"A" Height and Area District
In the "A" Height and Area District the height of building, the minimum
dimensions of yards and setback and the maximum lot coverage shall be as follows:
He t: No building hereafter erected or structurally altered shall
exceed thirty -five (35) feet or two and one -half (22) stories. See
Section 17) (a) and (b).
Rear Yard: There shall be a rear yard having a minimum depth of twenty-
five (257 feet. See Section 17, (g) and (h) -
Side Yard: There shall be a side yard on each side of a building, except
accessory buildings of not less than five (5) feet in width, providedf
however, that on a lot having a width of.less than forty (40) feet, as
shown by the last conveyance of record at the time of the passage of this
ordinance, there shall be a side yard on each side of a building of not
less than three (3) feet in width. See Section 17, (h).
Setback:. There shall be a setback line of not less than 25 feet, provided
that when 25% or more of all the property on one side of a street between
two intersecting streets has been build up with buildings having a set-
back of more or less than 25 feet from the street line, no building here-
after erected or structurally altered shall project beyond the minimum
setback line so established; provided further, that this regulation shall
not be so interpreted as to reduce the buildable width of a corner lot
40 feet or less in width, and of record at the time of the passage of
the zoning ordinance, to less than 701% of the width of.the.lot. On cor-
ner lots more than 40 feet in width, the width of building may be greater
than 28 feet by one half the amount by which the lot exceeds 40 feet in
width.
Lot, Coverage: No building shall be erected or increased in ground area
so that more than forty-(40) per cent of the area of the lot will be
covered.
Section 11.
"B" Height and Area District
In the "B" Height and Area District the height of buildings, the minimum
dimensions of yards and the maximum lot coverage shall be as follows:
Height: No building hereafter erected or structurally altered shall
exceed forty (40) feet or three stories. See Section 17, (a).
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Rear Yard: There shall be a rear yard having a depth of not less than
twenty-five (25) feet, for interior lots, nor less than fifteen (15)
feet for corner lots. See Section 17 (g) and (h)
Side Yard: There shall be a side yard on each side of a building,
except accessory buildings�of not less than five (5) feet in width, ,
provided, however, that on a lot having a width of less than forty (40)
feet, as shown by the last conveyance of record at the time of the
passage of this ordinance, there shall be a side yard on each side of a
building of not less than three (3) feet in width# A side yard shall
in no case be less than one and one -half (12) inches in width for each
foot of building measured from front to rear. See Section 17, (h).
Setback: There shall be a setback line of not less than 25 feet, pro -
vi ed that when 25% or more of all the property on one side of a street
between two intersecting streets has been built up with buildings having
a setback of more or less than 25 feet from the street line, no building
hereafter.erected or structurally altered shall project beyond the mini-
mum setback line so established; provided that no building shall be
required to set back more than 40 feet in any case; and provided further
that this regulation shall not be so interpreted as to reduce the build-
able width of a corner lot 40 feet or less in width and of record at the
time of the passage of the zoning ordinance, to less than 70% of the
width of the lot. On corner lots more than 40 feet in width, the width
of the building may be greater than 28 feet by one half the amount by
which the lot exceeds 40 feet in width,
Lot Coverage: No building shall be built or increased in ground area
so to cover more than forty (40) per cent of the lot area.
Section 12,
"C" Height and Area District
In the "C" Height and Area District, the height of buildings, the mini-
mum dimensions of yards and setback and the maximum lot coverage shall be as
follows:
Height: No building hereafter erected or structurally altered shall
exce d eighty -five (85) feet or seven (7) stories.
Rear Yard: For buildings three (3) stories or lees in height there
shall be a rear yard having a depth of not less than twenty -five (25)
feet for interior lots, nor less than fifteen (15) feet for corner lots.
For buildings exceeding three (3) stories in height the depth of the
rear yard shall be increased three (3) feet for each additional story.
See Section 17, (g) and (h).
Side Yard: For buildings three stories or less in height there shall
be a side yard on each side of a building, except accessory buildings,
not less than 5 feet in width, provided, however, that on a lot having
a width of less than 40 feet, as shown by the last conveyance of record
at the time of the passage of this ordinance, there shall be a side
yard on each side of a building of not less than 4 feet in width, For
buildings exceeding 3 stories in height, the side yard shall be in all
cases increased 6 inches for each additional story.
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Setback: There shall be a setback of not less than 20 feet, provided
that when 25% or more of all the buildings on one aide of a street
between two intersecting streets has been built up with buildings having
a setback of more or less than 20 feet from the street line, no building
hereafter erected or structurally altered shall project beyond the mini-
mum setback, line so established; provided that no bzilding shall be
required to sot back more than 40 feet in any case; and provided further,
that this .regulation shall not be so interpreted as to reduce the build-
able width of a corner lot 40 feet or less in width_, and of record at
the time of the passage of the zoning ordinance, to less than 70% of the
width of the lot, On corner lots more than 40 feet in width, the width
of building may be greater than 28 feet by one half the amount by which
the lot exceeds 40 feet in width.
Lot Coverage: No building shall be built or increased in ground area to
cover more than sixty (60) per cent of lot area.
Section 13,
"D" Height and Area District
In the "A" Height and Area District the height of buildings, the minimum
dimensions of yards and setback shall be as follows:
Height: No building hereafter erected or structurally altered shall
exceed thirty -five (35) feet or two and one -half (22) stories, see
Section 17, (a)
Rear Yard: There shall be a rear yard having a minimum depth of twenty -
five 25 (
feet. See Section 17, g) and (h).
Side Yard: A side yard, if provided, shall be not less than five (5)
feet. See Section 17, (h).
Setback: Where all the frontage on one side of the street between two
intersecting streets is located in the "D" Height and Area District no
setback shall be required. Where the frontage on one side of the street
between two intersecting streets is located in the "A" and "D" Height
and Area Districts the setback requirement in the "A" Height and Area
District shall apply to the entire frontage.
Section 14.
"E" Height and Area Districts
In the "E" Height and Area District, the height of buildings, the mini.
mum dimensions of yards shall be as follows:
Height: No building hereafter erected or structurally altered shall
exceed forty (40) feet or three(3) stories. See Section 17, (a).
Rear Yard: There shall be a rear yard of not less than twenty -five (25)
feet, Sae Section 17, (g) and (h),
Side Yard: A side yard, if provided, shall be not less than five
feet, See Section 17, (h).
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Section 15.
"F" Height and Area District
In the "F" Height and Area District the height of buildings and the
minimum dimensions of yards shall be as follows:
Height: No building hereafter erected or structurally altered shall
exceed eighty -five (85) feet or seven (7) stories.
Side Yard: A side yard, if provided, shall be not less than five (5)
feet. ee Section 17, (h).
Section 16.
"G" Height and Area District
In the "G" Height and Area District the height of buildings and the
minimum dimensions of yards shall be as follows:
Height: No building hereafter erected or structurally altered shall
exceed one hundred and fifty (150) feet or twelve (12) stories. See
Section 17, (d).
Side Yard: A side yard, if provided, shall be not less than five (5)
feet wide. See Section 17, (h).
Section 17.
Height and Area District Exceptions
The foregoing requirements in the height and area districts shall be
subject to the following exceptions and regulations:
Height: (a) That in the "A ", "B ", "D" and "E" Height and Area Districts,
public or semi - public buildings, hospitals, sanitariums or schools may
be erected to a height not exceeding seventy -five (75) feet, when set
back an additional foot on all sides for each foot such buildings exceed
thirty -five (35) and forty (40) feet, respectively, in height.
(b) One - family dwellings in the "A" Height and Area District
may be increased in height by not more than five (5) feet When two (2)
side yards of not less than fifteen (15) feet each are provided. Such
dwellings, however, shall not exceed three (3) stories in height.
(c) Parapet walls not exceeding four (4) feet in height, chim-
neys, cooling towers, elevator bulkheads, fire towers, gas tanks, grain
elevators, pent houses, stacks, stage towers, or scenery lofts, sugar
refineries, tanks, water towers, radio towers, ornamental towers, monu-
ments, cupolas, domes and spires and necessary mechanical appurtenances
may be erected as to their height in accordance with existing or here-
after adopted ordinances of the City of South Bend.
(d) In the "G" Height and Area District towers for occupancy
may be erected above the height limit herein established, provided the
largest horizontal dimension of any side of the tower shall not exceed
sixty (60) feet, provided the total area shall not exceed twenty -five
(25) per cent of the area of the lot, and provided that each tower shall
be removed at least twenty -five (25) feet from every lot line other than
a street line, and at least fifty (50) feet from any other tower.
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(e) On through lots one hundred and twenty (120) feet or less
in depth the height of a building may be measured from the curb level on
either street. On through lots more than one hundred and twenty (120)
feet in depth the height regulations and basis of height measurements
for the street permitting the greater height shall apply to a depth of
not more than one hundred and twenty (120) feet from that street.
(f) Buildings on through lots and running through from street
to street may waive the requirements for a rear yard by furnishing an
equivalent open space in lieu of such required rear yard.
(g) In computing the depth of a rear yard for any building
where such yard opens onto an alley or street, one-half of such alley or
street may be assumed to be a portion of the yard.
(h) Every part of a required yard or court shall be open from
its lowest point to the sky unobstructed, except for the ordinary pro-
jections of sills, belt courses, cornices, ornamental features and
eaves; provided however that none of the above projections shall project
into a court more than six (6) inches nor into a minimum side yard more
than twelve (12) inches.
(i) No cornice shall project over the street line tore than 12':
(j) open or enclosed fire escapes, fireproof outside stairways
and balconies opening upon fire towers, projecting into a yard not more
than five (5) feet or into a court not more than three and one -half (32)
feet, and the ordinary projections of chimneys and flues, may be permit-
ted by the Building-Cnmmi.ssiener Where same are so placed as not to
obstruct the light and ventilation.
(k) In the "A ", "B ", "C", "D ", and "E" Height and Area Dis4
tricts, an accessory building not exceeding twelve (12) feet in height
may occupy not more than thirty (30) per cent of the rear yard.
(1) In the "A ", "B", "C ", and "D" Height and Area Districts,
sun - parlors may be built not more than eight (8) feet in front of the
building line, and not exceeding seventeen (17) feet or two stories in
height provided the enclosing walls have a total width of window sash
of seventy -five (75) per cent of the girth measurement of the outside
walls with average sash height of windows equal to 5()% of room height
and have no interior partitions. All glazing shall be done with clear
glass only.
Section 18.
Board of Zoning Appeals
a. A Board of Zoning Appeals is hereby established. The Board shall
consist of five (5) members to be appointed.by the Mayor as provided in Section
68, Chapter 174, of the Indiana Acts of 1947-
b. Meetings: Meetings of the Board shall be held at least once a month.
The Board shall adopt its own rules of procedure and keep a record of its pro-
ceedings, showing the action of the Board, and the vote of each member upon each
question considered. The presence of three (3) members shall be necessary to
constitute a quorum.
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c.: ppeal: Appeal from the ruling of the Building Commissioner concerning
the enforcement of the provisions of this ordinance may be made to the
Board of Zoning Appeals within such time as shall be prescribed by the
Board by general rule. The appellant shall file with the Building Com-
missioner and with the Board of Zoning Appeals a notice of appeal,
specifying the grounds thereof. The Building Commissioner shall forth-
with transmit to the Board all the papers constituting the record upon
which the action appealed from was taken.
d. Jurisdiction: In specific cases the Board of Zoning Appeals may author-
ize by permit a variation of the application of the use, height and area
district regulations, herein established in harmony with their general
purpose and intent as follows:
(1) Permit a temporary building for commerce or industry in a
residence district which is incidental to the residential development,
such permit to be issued for a period of not more than one (1) year.
(2) Permit the reconstruction, within twelve months, of a building
located in a district restricted against its use, which has been
destroyed by fire or other calamity to the extent of not more than sixty
(60) per cent of its value, provided that when such reconstruction
becomes involved in litigation, the time required for such litigation,
shall not be counted as a part of the twelve (12) months allowed for
reconstruction.
(3) Permit the extension of a use or height and area district for
a distance of not more than twenty -five (25) feet, where the boundary
line of a district divides a lot in a single ownership at the time of
the passage of this ordinance.
(h) Permit the erection and use of a building or the use of a
premises in any location for a public service corporation for public
utility purpose which the Board admits reasonably necessary for the pub-
lic convenience or welfare.
(5) Permit the enlargement of an existing building located in a
district restricted against its use, where such enlargement does not
exceed one -third the total floor area occupied by the non - conforming
use at the time certificate for such non- conforming use was issued.
(6) Interpret the provisions for this ordinance in such a way as to
carry out the intent and purpose of the plan, as shown upon the maps,
fixing the several districts accompanying and made a part of this ordin-
ance where the street layout actually on the ground varies from the
street layout as shown on the maps aforesaid.
(7) Where there are practical difficulties or unnecessary hardships
in complying strictly with the provisions of this ordinance, the Board
of Zoning Appeals may, in specific cases, adjust any such condition in
harmony with the general purpose and intent of this ordinance to the end
that the public health, safety and general welfare may be secured and
substantial justice done.
(8) Adopt from time to time such rules and regulations as may be
deemed necessary to carry into effect the provisions of this ordinance.
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Section lg.
Existing Certificates
All certificates of non - conforming use issued, and all variances permit-
ted under ordinance No. 2331 and amendments thereto shall remain valid.
Section 20,
Plats
All applications for building permits shall be accompanied by a plat in
duplicate drawn to scale, showing the actual dimensions of the lot to be built
upon, the size of the building to be erected, and such other information as may
be necessary to provide for the enforcement of these regulations, A careful
record of such applications and plats shall be kept in the office of the Building
Commissioner. No yard, court or other open space provided about any building for
the purpose of complying with the provisions of these regulations shall again be
used as a yard, court or other open space for another building.
Section 21.
Private Covenants
It is not intended by this ordinance to interfere with or abrogate or
annul any easements, covenants or other agreements between parties; provided, how-
ever, that where this ordinance imposes a greater restriction upon the use of
building or premises or upon heights of building, or requires larger open spaces
than are imposed or required by other ordinances, rules, regulations or permits,
or by easements, covenants or agreements, the provisions of this ordinance shall
govern.
Section 22.
Boundaries of Districts
Where uncertainty exists with respect to the boundaries of the various
districts as shown on the maps accompanying and made a part of this ordinance the
following rules shall apply:
(a) The district boundaries are either streets or alleys unless otherwise
shown, and where the designation on the maps accompanying and made a part of this
ordinance indicating the various districts are approximately bounded by street or
alley lines, said street or alley shall be construed to be the boundary of such
districts.
(b) Where the district boundaries are not otherwise indicated and where
the property has been or may hereafter be divided into blocks and lots, the dis-
trict boundaries shall be construed to be lot lines, and where the designation on
the maps accompanying and made a part of this ordinance indicating the various
districts are approximately bounded by lot lines, said lot line shall be construed
to be the boundary of such district, unless said boundaries are otherwise indi-
cated on the maps.
(c) In subdivided property, the district boundary lines on the maps
accompanying and made -a part of this ordinance shall be determined by use of the
scale contained on such maps.
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Section 23-
Changes and Amendments
(a) Any petition or ordinance for the amendment, supplement, change or
repeal of the zoning ordinance or any part thereof, not originating in the City
Plan Commission, shall be referred to the Plan Commission for consideration and
report before any final action is taken by the City Council.
(b) Prior to the submission to the City Council of a Plan Commission
petition or a report on a proposed ordinance or a petition referred to it for
recommendation, the Plan Commission shall hold a public hearing on the same,
notice of which shall be published in a newspaper of general circulation in the
city, ten (10) days prior to the date set for such hearing. Such notice shall
give the date, time and place of such public hearing.
(c) If the report of the Plan Commission is adverse to the proposed
change or amendament, the ordinance shall not be passed except by a vote of at
least seventy -five percentum of the members of the City Council.
(d) Sixty (60) days after report of the Plan Commission to the Council
favoring the change or amendment, the change or amendment shall have the same
effect as ordinances passed by the Council, unless the City Council shall have
acted upon it to become effective at an earlier date. If the City Council rejects
or amends the proposed change or amendment, it shall be returned to the Plan
Commission for its consideration, with a written statement of the reasons for its
rejection or amendment.
(e) The Plan Commission shall have forty -five (45) days in which to con-
sider the rejection or amendment and report to the City Council. If the Commis-
sion approves the amendment, the ordinance shall stand as passed by the Council
as of the date of the recording of the Commission's report to the City Council.
If the Commission disapproves the amendment or rejection, the action of the coun-
cil on the original amendment or rejection shall stand only if confirmed by a
seventy -five (75) percentum vote of the City Council.
(f) In case the Commission does not file a report with the City Council
within forty -five (45) days, the action of the Council in amending or rejecting
the ordinance shall become final.
(g) Change or amendment to this ordinance affecting the zone classifica-
tion of property may be initiated by petition of the owners of at least fifty (50)
percentum of the property for which the change is sought. Such petition shall be
signed and acknowledged and filed in the office of the City Clerk.
(h) The City Council may reject such petition when found inadequate, or
it may accept it and refer it to the City Plan Commission for report. The cost
of publication by the Plan Commission shall be assessed against and paid by the
petitioner.,
Section 24,
Violation, Penalty,
(a) Any person, firm or corporation who v olates, disobeys, omits, neg-
lects or refuses to comply witfi,or who resists a enforcement of any of the pro-
visions of this ordinance shall be fined not * t
wa hank O UAVO dollars - -nr]
01 dollars for AA �Se, and be imprisoned in the
Count Jail „ °+ ' - ^` ^ ^ ° + °.. Ea da that a violation is
Y j Y
permitted t exist shall constitute a separate off se.
(b) Any - building erected, raised or converted, land, or premises used
in violation of any provisions of this ordinance or the requirements thereof, is
hereby declared to be a common nuisance and such common nuisance may be abated.14
such manner as nuisances are now, or may hereafter be abated under existing law„'
Section 25.
Enforcement.
It shall be the duty of the Building Commissioner to see that this
ordinance is enforced through the proper legal channels. Appeal from the decision
of the Building Commissioner may be made to the Board of Zoning Appeals as pro-
vided by Section 18,
Section 26.
Validity
Should any section, clause or provision of this ordinance be declared by
the court to be invalid, the same shall not affect the validity of the ordinance
as a whole or any part thereof.
Section 27.
Repealer.
Any ordinance or part of an ordinance in conflict with this ordinance is
hereby repealed.
Section 28.
Interpretation.
In interpreting and applying the provisions of this ordinance, they
shall be held to be the minimum requirements for the promotion of the public
safety, health, convenience, comfort, and general welfare.
Section 29.
When Effective.
This ordinance shall be in effect from and afte its passage and legal
publication. / JG�4-�L Dom,
,Member of the Common Council
Passed by the Common Counoll R the City of South Bend, Indiana,
.Tune 13t _1949 (date).
Attest: MAYNE DUMONP � City Clerk.
Attest; WALTER C. ERLER. SR. , President of Common Council.
Presented by me to the Mayor of the City of South Bend, Indiana,.
June 14th, 1949 ,(date).
MAYME DUMONT , City Clerk
Approved and signed by me June 14th, 1949 (date)
GEO. S. SCHOC% , Mayor.
Published (O x-02 /� #' (date) .
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