HomeMy WebLinkAboutReplacing a New Chapter 21, Article 6, Section 21-06.03 Entitled Northeast Neighborhood Zoning Overlay District ORDINANCE No . 10399-15
Passed by the Common Council of the City of South Bend, Indiana
November 9, 20 15
Attest: oak) City Clerk
JOHN VOORDE
q I I W
Attest: `_ President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
November 10, 20 15
City Clerk
JOHN VOORDE
Approved and signed by me I °N2/-NUe( \O 20 15
/ � Mayor
Ordinance No. L 31R-4 C
AN ORDINANCE INITIATED BY THE AREA PLAN COMMISSION ON BEHALF OF
THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA,REPEALING
CHAPTER 21,ARTICLE 6, SECTION 21-06.03 NORTHEAST NEIGHBORHOOD
DEVELOPMENT AREA OVERLAY ZONING DISTRICT OF THE SOUTH BEND
MUNICIPAL CODE, AND REPLACING IT WITH A NEW CHAPTER 21,ARTICLE 6,
SECTION 21-06.03 ENTITLED NORTHEAST NEIGHBORHOOD ZONING OVERLAY
DISTRICT.
STATEMENT OF PURPOSE AND INTENT
The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance for
the City of South Bend that went into effect in May 2004. A subsequent amendment in 2011
established the Northeast Neighborhood Development Area (NNDA) Overlay Zoning District.
On November 10, 2014 the Redevelopment Commission adopted Resolution#3255 modifying
and confirming a declaratory resolution and amendment to the Development Plan for the
Northeast Neighborhood Development Area. Resolution#3255 expanded the NNDA by
incorporating adjacent Development Areas, creating the River East Development Area. Section
21-06.03 was only intended to address the original boundaries of the NNDA. In addition,
practical applications in the construction of new homes in the NNDA on existing and replated
lots has required the need to clarify and update a number of development standards and
definitions so as to meet current terminology and lessen confusion.
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 6 Overlay and
Special Use Districts, Section 21-06.03 Northeast Neighborhood Development Area Overlay
Zoning District is hereby repealed in its entirety and replaced with a new Article 6 Overlay and
Special Use Districts, Section 21-06.03 Northeast Neighborhood Overlay Zoning District, as
follows:
Sec.21-06.03 Northeast Neighborhood Overlay Zoning District
Notwithstanding any provision elsewhere in the South Bend Zoning Ordinance ("hereafter
referred to as "SBZO") to the contrary, all new development within the Northeast Neighborhood
Zoning Overlay District("hereafter referred to as "NNZO") shall be subject to the following
regulations. In the case of conflict between the provisions of this NNZO and other provisions of
the SBZO, the provisions of this NNZO shall control.
(a) Intent.
It is the intent of this NNZO to codify a number of the recommendations of the Northeast
Neighborhood Design Guidelines (Edition—Revised: August 2009) which are most relevant and
applicable to new development in the NNZO.
By codifying a number of the recommendations of the Northeast Neighborhood Design
Guidelines, the NNZO accomplishes the following purposes:
(1) To establish a comprehensive design approach for the NNZO;
(2) To encourage high-quality design of future buildings and site development that
preserves and enhances the character of a traditional neighborhood;
(3) To create a strong,unique neighborhood identity image;
(4) To provide a range of design options to address future development opportunities;
and,
(5) To instill and enforce the sense of"pride of place" among residents,businesses,
and property owners.
(b) Applicability
(1) New Development—The regulations contained in this NNZO shall be applicable
to all new construction on real property located within the area designated as the
Northeast Neighborhood Zoning Overlay District on the Zoning District Map for
the City of South Bend. In order to assure the compatibility of new development
within the NNZO area with that of the surrounding community, any new building,
structure or sign within the NNZO after the effective date of the NNZO shall be
subject to the regulations contained in this NNZO. Renovations or expansions of
existing buildings, structures, or signs are not subject to the regulations of this
NNZO but shall be subject to all applicable regulations of the underlying zoning
district.
(2) Land Use—The land use permitted on any individual lot with this NNZO shall be
determined by the underlying zoning district.
(3) Development Standards—The determination of which of the development
standards and regulations of this NNZO shall be applicable to a particular lot,
project or development shall be determined by the proposed use of the real
property,not by the underlying zoning district.
(4) Special Exception Uses—For those uses which must be reviewed by the Board of
Zoning Appeals and approved by the Common Council through a Special
Exception Use in accordance with the underlying zoning, the applicable
regulations of this NNZO shall be determined by the Board of Zoning Appeals
and the Common Council as part of their determination of the appropriateness of
the use.
(5) Planned Unit Development—As part of an application for a Planned Unit
Development, the applicant may propose alternative development standards that
do not adhere to the standards of the NNZO. If approved by the Common
Council, these alternative development standards will control the development of
the site. In the event that no alternative development standards are proposed, then
the standards contained within this NNZO will govern.
(c) Definitions.
In addition to the definitions contained in Article 11, Section 21-11 Definitions, the following
definitions apply in this NNZO.
(1) American Foursquare Style—An American house style popular in the mid-1890s
to the late 1930s that incorporates elements of the Prairie and Craftsman styles.
Hallmarks of the style include a basically square,boxy shape, two-and-one-half
stories high, large front porch, and commonly a hipped roof, as referenced by the
accompanying graphic.
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(2) Arcade—A line of arches supported by columns or piers attached to a solid wall
creating a passageway(i.e. Covered access to adjacent shops).
(3) Architectural Style—Classification used to characterize the wide variety/range of
features, such as appearance, form, and materials that make a building or other
structure notable and historically identifiable(e.g. Some of the more identifiable
architectural styles of the Northeast Neighborhood include American Foursquare,
Colonial Revival, Craftsman, Prairie, and Tudor).
(4) Articulation - The relationship of contacting surfaces to create a series of plane
changes in order to avoid a flat appearance.
(5) Atrium -An opening connecting two or more stories other than enclosed
stairways, elevators,hoistways, escalators,plumbing, electrical, air-conditioning
or other equipment, which is closed at the top and not defined as a mall.
(6) Bay- One unit of a building that consists of regularly repeated spatial elements
making a vertical division in a structure, commonly defined by the number of
window and door openings per floor or by the space between columns and/or
piers.
(7) Belt Course- A narrow,horizontal band projecting from the exterior walls of a
building, usually defining the interior floor levels.
(8) Brace - A diagonal stabilizing member of a building frame.
(9) Bracket- A support element under eaves, shelves or other overhangs; often more
decorative than functional.
(10) Building Mass—The relationship between height, width and depth of a building
or structure (e.g. House massing may consist of a Primary House Form, front
Porch/Portico or Entry Form, Secondary Additive Form and a Garage), as
referenced by the accompanying graphic.
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(11) Building Scale- The relationship of a particular building, in terms of building
mass, to other nearby and adjacent buildings.
(12) Cantilever-A projecting beam or part of a structure fixed at one end, projecting
beyond its vertical support.
(13) Casement Window - A window with sash hung vertically and swinging inward or
outward.
(14) Colonial Revival Style—A nationalistic design movement in the United States in
the late 19th century—mid 20th century that sought to revive elements and features
of architectural style borrowed from earlier British colonial period houses of the
early 19`h century. Identifying features include a façade with normally
symmetrically balanced windows and accentuated front door, often centered as
referenced by the accompanying graphic.
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(15) Cornice-Projecting ornamental molding along the top of a building or wall.
(16) Craftsman Style- A style derived from the British Arts & Crafts movement from
the late 19`h century. It originated in southern California and was the dominant
style for smaller houses (e.g. Bungalow) built throughout the United States until
the early 1920s, as referenced by the accompanying graphic.
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(17) Cupola- A dome shaped roof on a circular base, often set on the ridge of a roof.
(18) Decorative Fence—A fence made of metal or wood with open areas representing
not less than 70% of the fence area. Chain link,barbed wire or similar style fences
shall not be considered decorative.
(19) Decorative Exterior Wall—A wall made of stone, brick, split-face concrete block,
or other decorative unit masonry material. Plain concrete block shall not be
considered decorative.
(20) Dormer- A vertically set window on a sloping roof; the roofed structure housing
such a window.
(21) Eaves - The projecting overhang at the lower edge of a roof.
(22) Egress -An exit.
(23) Facade—External face of a building.
(24) Flat Roof-A roof that has no perceptible pitch or slope.
(25) Fenestration - The arrangement,proportioning and design of windows and doors
in an exterior wall of a building.
(26) Gable - A triangular exterior wall segment immediately under a double pitched
roof(e.g. gabled roof), as referenced by the accompanying graphic.
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(27) Gambrel Roof-A symmetrical ridged roof with two slopes on each side, the
upper slope is at a shallow angle and the lower slope the steeper pitch, as
referenced by the accompanying graphic.
(28) Hipped Roof- A roof with four uniformly pitched sides, without gables, as
referenced by the accompanying graphic.
(29) Ingress -An access or entry point.
(30) Lintels -A beam supporting the weight above a door or window opening.
(31) Mansard Roof-A roof that has two slopes on all four sides, the lower slope being
much steeper, as referenced by the accompanying graphic.
(32) Masonry-Wall construction of cut, shaped or molded units such as stone,brick,
concrete, adobe, etc.
(33) Modem Style—An overarching architectural movement that gained global
popularity at the turn of the 20th century that was primarily driven by
technological and engineering developments. Common characteristics include
simplicity and clarity of forms and elimination of"unnecessary detail", materials
at 90 degrees to each other, visual expression of structure,use of industrially-
produced materials and a visual emphasis on horizontal and vertical lines, as
referenced by the accompanying graphic.
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(34) Molding- A type of trim that is applied to a vertical surface.
(35) Mullion -A vertical member separating, and often supporting, windows, doors or
panels set in a series.
(36) Parapet- A low, solid,protective wall or railing along the edge of a roof or
balcony.
(37) Pavers - Preformed paving blocks that are installed on the ground to form patterns
while at the same time facilitate pedestrian and vehicular travel.
(38) Plaza-An open space that may be improved and landscaped, usually surrounded
by streets and buildings.
(39) Porch—Roofed structure attached to the front, side or back exterior of the
building, used to shelter at a building entrance and occupy(e.g. Seasonal living
space), as referenced by the accompanying graphic.
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(40) Portico -Roofed porch-like structure, often open along the front side,but may be
enclosed and connected to the Primary Building Frontage at the primary building
entrance, often supported by columns; used to shelter at an entrance and is not
occupied (e.g. Covered passage), as referenced by the accompanying graphic.
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(41) Primary Building Frontage—The side of a building facing the primary street
located on side-by-side lots, corner lots and double frontage lots, which contains
the primary building entrance.
(42) Prairie Style—An American house style of the late 19`h and early 20`h century that
is usually marked by horizontal lines,hipped roofs with widely overhanging
eaves,windows grouped in horizontal band, with design aesthetics of the British
Arts and Crafts movement (e.g. Architect Frank Lloyd Wright, a proponent of the
style, emphasized the horizontal lines responding to the flatness of the
Midwestern prairie), as referenced by the accompanying graphic.
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(43) Primary House Form - The largest mass of a house(e.g. Secondary House Form is
a smaller mass and subordinate to it). See "Building Mass" definition.
(44) Secondary House Form - The smaller mass of a house that is subordinate to the
Primary House Form (e.g. largest mass). See "Building Mass"definition.
(45) Secondary Building Frontage—The side of a building on a corner lot facing the
secondary street, which does not contain the primary building entrance.
(46) Setback- The horizontal distance measured between a building wall and its
property lot lines (e.g. Front yard, rear yard and side yard).
(47) Sill -The lowest horizontal member at the inner structure of a wood-framed wall,
normally resting on and anchored to a foundation wall.
(48) Spindle -A turned wooden element, often used in screens, stair railings and porch
trim.
(49) Steeply-sloped - Having a pitch of 10/12 or greater for a minimum horizontal
distance of thirty-six inches (36").
(50) Street: Primary—The street on which the parcel's front lot line abuts and address
is platted.
(51) Street: Secondary—The street that intersects with the Primary Street on which the
parcel's side lot line abuts (e.g. Corner lot).
(52) Streetwall - The continuation of building facades along a Primary Street.
(53) Step back- An architectural element in which the upper stories of a tall building
are stepped back from the lower stories.
(54) Transom - A crosspiece separating a doorway from a window or fanlight above it.
(55) Tudor Style- A transitional style of English architecture that was prominent from
1890 to 1940 in America. Homes were built using late Medieval and early
Renaissance styles characterized by steep cross-gabled roofs, often punctuated by
small dormers, tall, narrow, casement windows in multiple groups,half-timbering,
and massive decorative chimneys, as referenced by the accompanying graphic.IfialA:N1M------- il "I\
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(56) Turret-A small, slender tower usually at the corner of a building, often
containing a circular stair.
(57) Uplight- A decorative light fixture used to accent architectural elements or
landscaping.
(58) Vault-An arched ceiling of masonry.
(59) Veranda-A roofed open gallery or porch.
(d) Single Family and Two-Family Residential
All new single family and two-family residential construction shall comply with the following
regulations:
(1) Single Family and Two-Family Residential Building Massing
(A) Angular or curved building massing is prohibited.
(B) Building heights shall not be less than one(1) story or fifteen feet(15')
and shall not exceed two-and-a-half(2 72) stories or thirty-five feet (35').
(C) Front entry door(s) shall be located on the Primary Building Frontage and
shall face the Primary Street.
(D) A Front Porch or Portico is required and shall be attached to the Primary
Building Frontage. A Porch shall have a minimum depth of six feet(6')
and cover a minimum of fifty percent (50%) of the Primary House Form.
A Portico shall have a minimum depth of four feet (4') and cover a
minimum of thirty percent (30%) of the Primary House Form, as
referenced in the accompanying graphic.
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(2) Single Family and Two-Family Residential Roof Shapes
(A) Hipped and gabled roofs are acceptable roof types.
(B) Mansard, mock mansard, flat and barrel roofs are prohibited. Flat roof
forms may only be used on the house's Entry Form (e.g. Porch or Portico)
and Secondary Additive Form.
(C) Eaves shall have a maximum overhang of three feet (3').
(3) Single Family and Two-Family Residential Building Design and Materials
(A) Façades
(i) Buildings shall have identifiable architectural styles that
incorporate elements and details that remain consistent with that
style.
(ii) Unarticulated, Modem Style building façades are prohibited.
(iii) Building designs that create blank wall conditions facing primary
or secondary streets are prohibited.
(iv) Building designs that orient front doors so that they are not
visible from the primary street are prohibited.
(v) The Primary Building Form's front façade's porch/portico, entry
door, windows, roof shape and building massing, shall be the
dominant character defining elements of the architectural style.
(B) Fenestration
(x) Buildings shall provide fenestration on façades facing primary and
secondary streets. Exposed,blank walls are prohibited.
(xi) Door and window shapes shall be primarily rectangular (oriented
vertically), or square. Horizontally oriented windows with vertical
divisions may be used when consistent with the house's
architectural style and character.
(xii) Round,hexagon, and octagonal shaped windows shall only be
allowed as accents.
(xiii) The front door entrance on the front façade of the house shall
define, and remain consistent with,the building's architectural
style and character.
(xiv) Doors and windows shall be made of painted metal, wood,
fiberglass or vinyl. Dark or reflective glass is prohibited.
(xv) Mill finish (non-colored) aluminum door and window frames
are prohibited.
(xvi) If a building has window shutters, the window shutters shall be
sized and shaped to match the associated opening, and shall be
mounted against the outside edge of the window. Window
shutters shall be either louvered or paneled, and made of painted
wood,metal, fiberglass or vinyl.
(xvii)Solid metal security gates, metal roll-down windows, and
link/grill security devices are prohibited in all residential
windows and doorways.
(C) Materials
(i) "Jumbo," or other commercial-grade/scale products such as bricks,
cinder/concrete block, unfinished metal,plywood, unfinished pre-
cast or poured-in-place concrete are prohibited on any residential
building facades.
(ii) Roofs, if sloped, shall be clad in cedar wood shake, fiberglass,
asphalt shingles, prefinished metal shingles,prefinished metal
standing seam, or slate. Prefinished metal standing seam roofing
shall only be permitted for accent roofing above window projections
and open-air porches/porticos.
(iii) When used, asphalt or fiberglass shingles with a "shadow line"
effect are encouraged, as long as they meet or exceed local
building codes.
(D) Colors
(i) Bright colors are prohibited as primary house colors but may be used
for subtle trim accents in amounts not to exceed 10% of the facade
area. All colors shall complement the architectural style and
character of the house and the surrounding neighborhood.
(E) Projections
(i) Residential entrances shall be visible from the primary street,
easily accessible, and well-lit. Architectural elements such as
porches, porticos, and canopies are required to identify residential
entrances and maintain the existing neighborhood's architectural
character.
(ii) The floors of front porches shall be raised between twenty-four and
forty-eight inches (24"-48") above finished grade and be designed
so as to allow access to the public sidewalk at the front lot line.
(iii) A front entry porch shall have a minimum depth of six feet (6'); A
front entry portico shall have a minimum depth of four feet (4').
(iv) Porch/Portico handrails and guardrails of perforated metal,
stainless steel cables, or unfinished metal mesh are prohibited.
(v) Open porch/portico bases are prohibited. Porch/portico bases shall
be continuously skirted with a painted wood lattice panel,masonry,
or similar material to the primary building.
(F) Lighting
(i) Floodlights and uplights with bulbs greater than 100 watts on
residential building façades are prohibited. Motion-sensored flood
lights and security lights shall be limited to rear door entries, side
door entries or garages only.
(ii) Building and landscape lighting shall be a natural white color
consistent with incandescent, fluorescent, LED or metal halide
lighting. Colored lights are prohibited unless for appropriate
seasonal decoration or interest.
(G) Mechanical Equipment and Utilities
(i) Exposed mechanical equipment along primary and
secondary street frontages is prohibited.
(ii) Window-mounted air conditioning units placed facing
primary or secondary street frontages are prohibited.
(iii) Satellite television dishes shall be located according to the
provisions of the SBZO, unless documentation is provided
to demonstrate a lack of reception, shall not be visible from
the primary street frontage. If such documentation is
provided, the satellite television dish shall be located as
discretely as possible.
(5) Single Family and Two-Family Residential Landscaping
(A) Steeply-sloped yards in excess of a slope of 2 to 1 (two foot horizontal for
one foot vertical) shall incorporate a slope retention element of either a
small retaining wall with steps as a transition to the sidewalk or ground
cover/low shrub planting schemes.
(B) Decorative walls, decorative fences, or hedges shall not exceed three feet
(3') in height along the front and side property lines that face the primary
or secondary streets and shall be consistent with the house's architectural
style and character.
(C) Decorative walls, decorative fences, and hedges shall be no greater than
five feet(5') in height along the rear and side property lines that do not
face the streets.
(6) Single Family and Two-Family Residential Parking and Service Areas
(A) Off-street parking shall be provided by an enclosed garage located to the
rear of the primary building frontage.
(B) Garages that gain access from an alley or secondary street are preferred.
(C) If the garage door on an attached garage must face a primary street, the
garage door must be set back a minimum of 20 feet(20') from the primary
building frontage, as referenced in the accompanying graphic.
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(D) Garages oriented with garage doors facing an alley or Secondary Street
shall have a setback (apron) of not less than eighteen feet (18') from the
alley and from the right-of-way at the Secondary Street, sufficient to
accommodate the parking of an automobile provided that the minimum
required setbacks are met for corner lots per the zoning ordinance, as
referenced in the accompanying graphic.
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(E) Garage setbacks shall include paved and screened locations for trash cans
if trash cans are not stored in the garage.
(F) No more than one (1) double or two (2) single garage doors are permitted
to face any primary or secondary street.
(G) Garages shall incorporate roof types that match the roof type of Primary
House Form. Hipped and gabled roofs are acceptable roof types.
(H) Three-car garages are prohibited.
(I) Driveways fifteen feet(15') or greater at the curb or circular designed
driveways within the front yard setback are prohibited.
(7) Single Family and Two-Family Residential Building Addresses
(A) Address numbers should be a minimum of three inches (3") in height.
Vinyl-applied numbers are prohibited.
(e) Multi-Family Residential
All new multi-family residential construction shall comply with the following
regulations:
(1) Multi-Family Residential Building Massing
(A) In the event of mixed residential building types on abutting lots located
within the same block face,the height and massing of new multi-family
buildings shall be no more than twice the height and massing of the
immediately abutting building, including buildings on the same lot.
(B) Angular or curved building massing is prohibited.
(C) Buildings shall not exceed three(3) stories or forty feet (40') in height.
(2) Multi-Family Residential Roof Shapes
(A) Hipped and gabled roofs are acceptable roof types.
(B) Mansard, mock mansard, flat and barrel roofs are prohibited. Flat roof
forms may only be used on the building's Entry Form (e.g. Porch or
Portico).
(C) Eaves shall have a maximum overhang of three feet (3').
(3) Multi-Family Residential Building Setbacks
(A) Building setbacks shall not exceed ten feet (10') from the right of way line
of the street on which the parcel's address is platted.
(4) Multi-Family Residential Building Design
(A) Façades
(i) All residential buildings shall include design elements, including but
not limited to, front doors/entries, front porches/porticos/overhangs,
articulated rooflines, and balanced/symmetrical fenestration on all
facades.
(ii) Residential buildings shall have identifiable architectural styles that
incorporate elements and details that remain consistent with that
style.
(iii) Unarticulated, Modern Style building façades are prohibited.
(iv) Front building façades shall be oriented toward, and parallel to, all
primary street frontages including corner lots.
(v) Building designs that create blank wall conditions facing primary or
secondary streets are prohibited.
(vi) The front door entrance(s) shall define, and remain consistent with,
the building's architectural style and character and shall face the
Primary Street frontage.
(vii) Building designs that orient front doors so that they are not visible
from the Primary Street are prohibited.
(viii) Front façade entry doors, windows, roof shapes and building
massing shall be the dominant character defining elements of the
architectural style.
(ix) Garage doors shall face alleys or be oriented so as to not face the
primary street frontage.
(x) Front façade entry doors and mailboxes shall face the primary street
frontage.
(B) Multi-Family Residential Fenestration
(i) Buildings shall provide fenestration on façades facing primary and
secondary streets. Exposed,blank walls are prohibited.
(ii) Door and window shapes shall be primarily rectangular (oriented
vertically), or square. Horizontally oriented windows with vertical
divisions may be used when consistent with the building's
architectural style and character.
(iii) Round, hexagon, and octagonal shapes shall only be allowed as
accents.
(iv) Doors and windows shall be made of painted metal, wood, vinyl or
fiberglass.
(v) Opaque or reflective glass is prohibited.
(vi) Mill finish (non-colored) aluminum door and window frames are
prohibited.
(vii) If a building has window shutters, the window shutters shall be sized
and shaped to match the associated opening, and shall be mounted
against the outside edge of the window. Window shutters shall be
either louvered or paneled, and made of painted wood,metal, vinyl,
or fiberglass.
(viii) Solid metal security gates, metal rolldown windows, and link/grill
security devices are prohibited in all windows and doorways.
(C) Multi-Family Residential Materials
(i) Cinder/concrete block,metal, plywood, unfinished pre-cast or
poured-in-place concrete are prohibited on any residential building
façades except for basement foundation walls between the first floor
sill plate and grade, where concrete, concrete masonry, brick, stone
or stucco is permitted.
(ii) Roofs, shall be clad in cedar wood shake, fiberglass shingles, asphalt
shingles, slate shingles, clay tile,prefinished pre-stamped metal
shingles, prefinished metal standing seam or other recognized
residential roofing material. Prefinished metal standing seam
roofing shall only be permitted for accent roofing above window
projections and open-air porches/porticos/overhangs. Sheet or roll-
type roofing is prohibited on sloped roofing.
(D) Multi-Family Residential Colors
(i) Bright colors are prohibited as primary house colors but may be used
for subtle trim accents in amounts not to exceed 10% of the facade
area. All colors shall complement the architectural style and
character of the building and the surrounding neighborhood.
(E) Multi-Family Residential Projections
(i) Attached dwelling units shall have street-facing, individual front
entries with a covered entrance feature such as a porch, portico or
overhang along the primary street frontage. Decks and garages shall
be located and oriented to the rear of the structure.
(ii) Front doors shall be a prominent feature on the primary street façade
of the unit.
(iii) Porch/Portico handrails and guardrails (including balconies) of
perforated metal, stainless steel cables, and unfinished metal mesh
are prohibited.
(iv) Open porch bases are prohibited. Porch bases shall be continuously
skirted with a painted wood lattice panel, masonry, concrete or
similar material to the primary building.
(F) Multi-Family Residential Lighting
(i) Floodlights and uplights with bulbs greater than one hundred (100)
watts on residential building facades are prohibited. Motion-sensored
flood lights and security lights shall be limited to rear door entries,
side door entries or garages only.
(ii) Building and landscape lighting shall be a natural white color
consistent with incandescent, fluorescent, LED or metal halide
lighting. Colored lights are prohibited unless for appropriate seasonal
decoration or interest.
(G) Multi-Family Residential Mechanical Equipment and Utilities
(i) Mechanical equipment shall not be located along primary and
secondary street frontages.
(ii) Rooftop mechanical equipment shall be located in the center or rear
corner of a building, away from the primary street elevation.
(iii) Roof top mechanical equipment shall be screened by the roof form.
When the roof form cannot hide such equipment, a solid screen shall
be constructed of materials similar to those of the primary facade.
(iv) Satellite television dishes shall be located so that they are not visible
from the primary street.
(5) Multi-Family Residential Landscaping
(A) Steeply-sloped yards in excess of a slope of 2 to 1 (two foot horizontal for
one foot vertical) shall incorporate a slope retention element of either a
small retaining wall with steps as a transition to the sidewalk or ground
cover/low shrub planting schemes.
(B) When utilized, decorative walls, fences, or hedges shall not exceed three
feet(3') in height along the front and side property lines that face the
Primary and Secondary Streets and shall be consistent with the
architectural style and character of the building.
(C) Decorative fences and hedges shall be no greater than five feet (5') in
height along the rear and side property lines that do not face the streets.
(D) For urban townhome development, if front yard fencing is provided, said
fencing shall be of a single, unified fence design for all units within a
project. Individual fencing of individual urban townhome front yards is
prohibited.
(6) Multi-Family Residential Parking and Service Areas
(A) Urban Townhome/Rowhome Residential
(i) Off-street parking for all new urban townhome/rowhomes, shall be
in the form of an enclosed garage located at the rear of the primary
structure.
(ii) Garages oriented with garage doors facing an alley shall have a
setback(apron) of not less than eighteen feet (18') from the alley,
sufficient to accommodate the parking of an automobile.
(iii) Side-loaded garages accessible from primary or secondary street
frontages are permitted only when legal alley access to garages is not
available.
(iv) Garages that have ingress or egress from the front of the property or
the primary street are prohibited.
(v) Garage setbacks shall include paved and screened locations for trash
cans if trash cans cannot be stored in the garage.
(vi) Garages that have ingress or egress from rear alleys may incorporate
double-car doors.
•
(vii) No more than one (1) double or two (2) single garage doors are
permitted to face any street.
(viii) Garages shall incorporate hipped or gabled roof types that
complement the roof type of the primary building. Where
appropriate to the design, dormers may be included.
(ix) Three-car garages are prohibited.
(x) Driveways shall be no more than twelve feet (12') wide at front
property line.
(xi) Circular driveways within the front yard setback are prohibited.
(xii) Driveways on corner lots shall be located to maximize the distance
from intersections.
(xiii) Driveway curb-cuts shall be placed to maximize the number of on-
street parking spaces.
(B) All Other Multifamily Designs (i.e., non-Urban Townhome/Rowhome
Design)
(i) Off-street parking areas shall be located behind buildings with access
off a secondary street or alley. Visitor parking shall also be located
behind the buildings or at on-street parking locations.
(ii) Off-street parking areas shall be located at least fifteen feet (15')
from any building façade.
(iii) Off-street parking areas shall be adequately lit and shall minimize
glare on surrounding properties.
(7) Multi-Family Residential Building Addresses
(A) All buildings shall clearly display their address numbers along the primary
street elevation in a conspicuous place on the side of or above the front
door of the building. Address numbers shall be at least three inches (3") in
height.
(B) Address numbers should be a minimum of three inches (3") in height.
Vinyl-applied numbers are prohibited.
(f) Commercial/Mixed Use Buildings
All new commercial or mixed-use building construction shall comply with the following
regulations:
(1) Commercial/Mixed Use Buildings Located in the MU-District
(A) All buildings on properties zoned "MU" (Mixed-Use District of the
SBZO) shall include active first-floor commercial space.
(2) Commercial/Mixed Use Building Massing
(A) In areas with buildings developed on abutting lots (including across the
street) the maximum building height shall not be more than fifteen feet
(15') greater than the average of the maximum height on abutting lots,
provided that the maximum building height for a portion of the building
may increase one foot(1') for each additional one foot(1') of setback for
that portion of the building.
(B) Buildings shall be oriented towards the street with main entrances or
windows facing the primary or secondary street frontages.
(C) Buildings sited at irregular or random angles to the street are prohibited.
(D) Multiple or attached building complexes shall maintain a consistent street
orientation and shall also maintain a parallel or perpendicular orientation
to each other.
(E) Multi-story commercial/mixed-use buildings shall maintain a minimum
commercial façade height for the first floor retail of fifteen feet(15').
(F) Gaps between buildings that interrupt the streetwall are prohibited except
for pedestrian pathways and service alleys within long blocks. Such
pedestrian pathways and service alleys should link the primary streets to
parking areas and public spaces located behind buildings, and be no
greater than fifteen feet (15') wide.
(G) The façade of any single-story commercial/mixed-use building shall be at
least twenty-two feet(22') in height.
0
(H) All sides of any free-standing single-user"outlot" retail buildings shall
include four-sided design (i.e.,be designed and detailed with each facade
having the same level with similar materials and details).
(I) Multi-story mixed-use buildings shall not have a continuous uninterrupted
facade greater than sixty feet (60') in height or length.
(J) Upper floor residential/office uses are required to provide facade or roof
form articulation along with building fenestration changes to accentuate
the mixed-use character of the building.
(K) Terraces and balconies, if incorporated, shall be designed so as not to
protrude beyond the primary building facade.
(3) Commercial/Mixed Use Building Shapes
(A) Roofs shall be hipped, gabled, or flat with a parapet. Parapets shall range
between three and five feet (3'-5') in height.
(B) Mansard, mock mansard, and barrel roofs as the main roof style are
prohibited.
(C) Eaves shall have a maximum overhang of three feet (3').
(4) Commercial/Mixed Use Building Setbacks
(A) Off-street parking areas located between the building and street are
prohibited.
(B) The maximum front building setback shall be five feet (5') to maintain the
streetwall.
(C) Corner buildings shall have a maximum setback of five feet (5') from the
primary and secondary street property line to hold or frame site corners
along both street frontages.
(D) Buildings shall have a zero foot (0') side setback from the interior side
property line, except for pedestrian access through the site.
(E) Pedestrian access areas shall not exceed a maximum of fifteen feet(15')
wide.
(F) Pedestrian areas between buildings are prohibited unless necessary for
access to/from off-street parking areas to store entrances.
(5) Commercial/Mixed Use Building Design
(A) Multiple building developments using one overall architectural theme
shall include varied roof forms, facade treatments, sign bands, and details
to create the effect of a traditional neighborhood retail street which
developed over many years.
(B) Building facades shall include design elements (i.e. height of a wall or
cornice or parapet line, window lines, belt courses or other horizontal
design elements) that substantially replicate the pattern of abutting
buildings or sections of the same building.
(C) Mixed-use buildings shall express a clear defined retail base, middle, and
top.
(D) Building architectural details and features include but are not limited to
cornices,belt courses, window bays, variations in wall plane, and roof
features.
(E) Blank or windowless elevations that face primary or secondary streets are
prohibited. Walls which do not included window glazing or storefront
entrances shall be articulated by the provision of: faux windows trimmed
with frames, sills, lintels, awnings; murals; or similar elements.
(F) Street-facing facades of buildings with fifty feet(50') or more of
horizontal length shall include the use of vertical bays between twenty-
five to thirty feet(25'-30') in width to give the appearance of small,
individual storefronts. Techniques for implementation include changes in
articulation of plane of the building facade such as vertical bays, columns
and reveals. Columns or reveals, if used, shall not be less than eighteen
inches (18") in width.
(G) First-floor retail on a street facing facade shall have a minimum window
surface of sixty percent (60%) and maximum of seventy-five percent
(75%). Upper-floor residential or office shall have a minimum window
surface of twenty-five percent (25%) and maximum of forty percent
(40%).
(H) Unarticulated, flat front, all glass or metal, Modern Style buildings are
prohibited.
(6) Commercial/Mixed Use Building Fenestration
(A) Window shapes shall be vertically-oriented rectangular, square, or
Palladian.
(B) Round,hexagon, and octagonal shapes shall only be used as accents.
(C) Solid windowless walls are prohibited unless necessary to the function of
the building. If such walls are necessary to the function of the building,
they shall incorporate arches, piers, columns, murals, tasteful graphics,
planters and/or other elements that reduce building scale and add visual
interest.
(D) Commercial or mixed-use buildings with ground-level retail or office
space shall include clear glass windows to allow views into building
interiors. Opaque or reflective glass is prohibited.
(E) Storefront windows shall be constructed of painted or clad wood or metal
and clear glass.
(F) Solid metal security gates, metal roll-down windows, and link or grill
security devices are prohibited.
(7) Commercial/Mixed Use Building Materials
(A) Unarticulated or finished concrete block and plywood are prohibited on
commercial mixed-use building facades or on walls that are visible from
streets, sidewalks and parking areas.
(B) Stucco, metal, exterior insulation systems (EIFS), unfinished pre-cast
concrete panels and cast-in-place concrete are prohibited as the primary
material used on commercial mixed-use building facades or walls visible
from streets, sidewalks and parking areas. Up to ten-percent (10%) of
facades facing streets, sidewalks or parking areas can be comprised of one
or a combination of these materials.
(C) Decorative block, "renaissance stone," smooth/textured synthetic plaster
and wood trim may be used only for decorative accent purposes and shall
be limited to ten-percent (10%) of facades facing streets, sidewalks or
parking areas.
(D) Roofs, if sloped, shall be clad in cedar shake wood, fiberglass, asphalt
shingles, tile or real/synthetic slate and shall meet all standards required by
the City building code. Standing seam finished metal roofing should be
used for accent purposes only and shall be limited to fifteen-percent (15%)
of the roof surface area.
(E) Windows and doors shall be constructed of colored clad wood or painted
metal and clear glass. Mill finish (non-colored) aluminum door and
window frames are prohibited. Anodic coatings, copper, and brass
finishes are acceptable alternates.
(8) Commercial/Mixed Use Building Color
(A) Bright colors are prohibited as primary building colors but may be used
for subtle trim accents in amounts not to exceed ten-percent (10%) of the
façade area.
(9) Commercial/Mixed Use Building Projections
(A) Building entrances shall be visible from the street. Architectural elements,
canopies, and lighting shall help to identify entrances.
(B) Pedestrian pass-throughs, arcades or paseos, and other like permanent
architectural features shall be finished on all their surfaces with the same
quality and types of materials as a building exterior in compliance with
these guidelines.
(C) Retractable and internally lit awnings are prohibited.
(D) A standard clear awning height shall be eight and a half feet(8' 6") above
the sidewalk.
(10) Commercial/Mixed Use Mechanical Equipment and Utilities
(A) Mechanical equipment and utilities shall be hidden from view along all
primary and secondary street frontages.
(B) Rooftop mechanical equipment shall be located in the center or rear corner
of a building, away from the primary street elevation.
(C) Rooftop mechanical equipment shall be screened by the roof form or a
solid screen constructed of materials similar to those of the primary
façade. Perforated or louvered screens may be used.
(D) Vents, gutters, downspouts, flashings, electrical conduits, and other
appurtenances shall be painted to match the adjacent surface unless being
used expressly as an accent material.
(E) Window-mounted air conditioners are prohibited. Wall or in-wall
mounted air conditioning condensing equipment is prohibited facing
streets or pedestrian ways.
(11) Commercial/Mixed Use Decorative Fencing
(A) Wood, chain-link, and barbed-wire fencing is prohibited.
(B) Decorative three foot(3') height masonry walls may be used in
conjunction with landscaping to provide screening. Decorative masonry
walls shall incorporate the same or complementary materials and detailing
as adjacent buildings and streetscape.
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(12) Commercial/Mixed Use Outdoor Cafes and Seating Areas
(A) Outdoor cafes and seating areas shall so be located as to maintain a
minimum useable sidewalk width of not less than six feet (6').
(B) Sidewalk cafes shall obtain a seasonal pen-nit from the City of South
Bend.
(13) Commercial/Mixed Use Landscape Guidelines
(A) Parkway Tree Lawn Plantings—All plantings within the parkway tree
lawn shall obtain approval of the South Bend Board of Public Works.
(14) Commercial/Mixed Use Off-street Parking and Service Areas
(A) Parking and service areas shall be located at the rear of the building. With
the exception of on-street parking, parking and service areas that front
primary and secondary streets are prohibited.
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(B) Dedicated off-street parking for individual businesses is prohibited, with
the exception of drop-off/pick-up type service businesses, which may
provide one dedicated space per business, during business hours. Multi-
use buildings shall provide shared off-street parking.
(C) Off-street parking areas for commercial/mixed-use buildings shall be
located at least fifteen feet (15') from all building façades.
(D) Where alleys are used in a commercial/mixed-use area as a means for
access to and from off-street parking areas, the width of such alleys shall
be at least eighteen feet (18') wide.
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(E) Where applicable, curb-cuts should be placed to maximize the number of
on-street(curb) parking spaces.
(g) Signs
Any new sign shall comply with the following regulations:
(1) Single Family Residential
Single Family Residential uses shall be permitted signs in compliance with the
provisions of Section 21-07.03 (c) On-Premise Signs: SF1, SF2, MF1 and MF2
Districts of the SBZO applicable to the single family dwellings or single family
platted subdivisions.
(2) Multi-Family Residential
Multi-family residential uses shall be permitted freestanding identification signs
in compliance with the provisions of Section 21-07.03 (c) On-Premise Signs: SF1,
SF2, MF1 and MF2 Districts of the SBZO applicable to the multifamily dwelling
uses provided that:
(A) the maximum height of a freestanding identification sign may be up to
eight feet(8') feet above grade; and
(B) there shall be no minimum setback for such freestanding identification
sign provided such signs shall not encroach into any public right-of-way
or clear sign area regulated by Section 21-01.01 (t)—Clear Sight Area
Requirements of the SBZO.
(3) Commercial /Mixed-Use
Commercial /Mixed-Use buildings shall be permitted signs in compliance with
the provisions of Section 21-07.03 (e) On-Premise Signs: MU &CBD Districts of
the SBZO applicable to the MU District provided that:
(A) Building identification signs shall be limited to one(1) sign per building
being either: a parapet mounted wall sign not to exceed forty(40) square
feet in area; or, a grand projecting sign not to exceed eighty (80) square
feet in area.
(B) In addition, each tenant/use within a building shall be allowed one (1)
business identification sign per frontage of the tenant/use limited to either:
a fascia mounted lower level wall sign not to exceed twelve (12) square
feet in area per sign; or, a blade sign not to exceed twelve (12) square feet
in area per sign.
Section II. Chapter 21 of the City of South Bend Municipal Code, as amended, is further
amended and supplemented by applying the NNZO Overlay District to the following described
property:
Beginning at the intersection of the centerlines of Hill Street and LaSalle Avenue; thence East
along said centerline of LaSalle Avenue to the West right-of-way line of Frances Street; thence
South along said West right-of-way line to the North right-of-way line of the first East-West
alley, also known as Luther Court, South of LaSalle Street; thence West along said North right-
of-way line to the West right-of-way line, extended, of the first North-South alley, also known as
Edmund Court,West of Frances Street; thence South along said right-of-way line to the
centerline of Colfax Avenue; thence East along said centerline to the centerline of Eddy Street;
thence North along said centerline to the centerline of LaSalle Avenue; thence East along said
centerline to the centerline of Sunnyside Avenue; thence North along said centerline to the
centerline of Rockne Drive; thence Northeasterly along said centerline to the East right-of-way
line of Twyckenham Drive; thence North along said East right-of-way line to the Southwest
corner of Lot 38 in Wooded Estates; thence Northeasterly along the Southeasterly lines of Lots
38, 37 and 36 to the Southwesterly right-of-way line of White Oak Drive, also being the
Southeast corner of Lot 36 of Wooded Estates; thence Northeasterly to the Southwesterly corner
of Lot 35 in Wooded Estates; thence Northeasterly along the Southeasterly lines of Lots 35, 34,
33, 32, 31 and 30 in said Wooded Estates to the Westerly right-of-way line of Black Oak Drive,
also being the Southeast corner of Lot 30 of said Wooded Estates; thence Northeasterly to the
Northwest corner of Lot 48 in said Wooded Estates; thence east along the North line of Lots 48,
51, 52, 53 and 54 to the centerline of Oak Ridge Drive; thence Northerly along said centerline to
the centerline of Edison Road; thence West to the East line of Lot 5 of Vacval and Davidson
Subdivision projected South; thence North along said East line and its projection to the Northeast
corner of said Lot 5; thence West along the North lines of Lots 5,4, 3, 2 and 1 of said
Subdivision; thence West along the North line of said Subdivision projected to the East property
line projected of a parcel of land owned by the Patrick Simeri Revocable Trust (Tax key#024-
1008-0618); thence North along said East line to the Northeast corner of said Simeri parcel;
thence West along the North line of said Simeri parcel to the Northwest corner of said Simeri
parcel also being the east line of the Jamison Residential Condominium; thence South along the
West line of said Simeri parcel also being the East line of said Condominium to the Southeast
corner of said Condominium; thence West along the South line of said Condominium to the
Southwest corner of said Condominium; thence North along the West line of said Condominium
to the South line of Lot 5 of Schroederville (Original Town); thence West along the South Line
of said Lot to the centerline of Ivy Road; thence South along said centerline projected to the
South right-of-way line of Edison Road; thence West along said right-of-way line 30' more or
less to the Northwest corner of a parcel of land owned by Judith Oliva and Joseph & Phyllis
Cantanzarite (Tax Key#018-5151-5672); thence South along the West line of said parcel to the
North right-of-way line of State Road#23 (South Bend Avenue); thence Southwesterly along
said North line to the East right-of-way line of Napoleon Boulevard; thence Northwesterly along
said line to the East line of Lot 4 of Eddy Street Commons Major Subdivision (Section One);
thence Northwesterly along said Lot line to the Southeast corner of Lot B of Eddy Street
Commons First Minor, First Replat; thence Northwesterly along said Lot line to the Southeast
corner of Lot 1 OF of Eddy Street Commons Third Minor Subdivision; thence Northwesterly
along said lot line to the center line of Angela Boulevard;thence West along said centerline to
the West line of Lot 95 University Heights projected North; thence South along the West lines of
Lots 95, 94, 93, 92, 33 and 32 to the Southwest corner of said Lot 32; thence West along the
North lines of Lots 29 thru 6 in University Heights to the centerline of Lawrence Street; thence
South along said centerline to the centerline of Napoleon Street; thence West along said
centerline to the centerline of Niles Avenue; thence Southeasterly along said centerline to the
centerline of Corby Street; thence East along said centerline to the west line of the first North-
South alley West of Hill Street projected North;thence South along said West line to the
Northwest corner of Lot 10 of Cedar Heights Addition; thence South along the West Lot lines of
Lot 10, 11, 12 and 13, extended, to the centerline of Crescent Avenue; thence Northeasterly
along said centerline to the centerline of Hill Street; thence South along said centerline to the
place of beginning.
Section III. This Ordinance shall be in full force and effect from and after its passage by the
Common Council and approval by the Ma .
‘1111411111Ha ilire":1111111.1\
Member of t - ommon ouncil
Attest:
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City Clerk \
Presented by me to the Mayor of the City of South Bend, Indiana on the L3-}� day of
pU r�,�,, , 2015, at t ', o'clock p .. . m.
I
City Cler 7, e I •
Approved and signed by me on the 0 day of I"Jut r.6e ( , 2015, at
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Mayor of theCity out "1 nd lndi
I��d i5t P ! g Office
t sl READING Lr t
PUBLIC HEARING 1_q,.l �s •S I S I� OCT 2 1 2015
3rd READING i Vcl—I r etc- do ,1
NOT APPROVED ".2P'lr ,Ig7t:i? u•
REFERRED l'�" • p ( CITY k LERK,sULITH E TEND,IN
PASSED t '--Lc Eli Std3A-Nti
C LAWRENCE P. MAGLIOZZI
EXECUTIVE DIRECTOR
Angela M. Smith
Deputy Director
AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN
227 W. JEFFERSON BLVD., ROOM 1140 COUNTY-CITY BUILDING, SOUTH BEND, INDIANA 46601 (574) 235.9571
Wednesday, October 21, 2015
The Honorable Council of the City of South Bend
4th Floor,County-City Building
South Bend, IN 46601
RE: A proposed Ordinance initiated by the Area Plan Commission on behalf of the Common Council of the City of
South Bend, Indiana, repealing Chapter 21,Article 6, Section 21-06.03 Northeast Neighborhood Development
Area Overlay Zoning District of the South Bend Municipal Code,and replacing it with a new chapter 21,
Article 6, Section 21-06.03 entitled Northeast Neighborhood Zoning Overlay District-APC# 2732-15.
Dear Council Members:
I hereby Certify that the above referenced ordinance of the Area Plan Commission on behalf of the Common
Council of the City of South Bend was legally advertised on Thursday,October 08,2015 and that the Area Plan
Commission at its public hearing on Tuesday, October 20, 2015 took the following action:
Upon a motion by John DeLee,being seconded by Oliver Davis and unanimously carried,the Ordinance
initiated by the Area Plan Commission on behalf of the Common Council of the City of South Bend,
Indiana, repealing Chapter 21,Article 6, Section 21-06.03 Northeast Neighborhood Development Area
Overlay Zoning District of the South Bend Municipal Code, and replacing it with a new chapter 21,
Article 6, Section 21-06.03 entitled Northeast Neighborhood Zoning Overlay District, is sent to the
Common Council with a FAVORABLE recommendation, AS AMENDED.The new Section 21-06.03
re-defines the boundary for what used to be called the Northeast Neighborhood Development Area which
no longer exists, and it revises and updates definitions and development standards applying the
development experiences that have occurred to date.
PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the
Common Council's first reading.
The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in
the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report.
Sincerely,
Lawrence P. Magliozzi
Attachment
SERVING ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE. NORTH LIBERTY, OSCEOLA & ROSELAND
W W W.STJOSEPHCOUNTYI NDIANA.CO MIA REAPLAN
Staff Report 10/1/2015
APC # 2732-15
Owner: APC Initiated
Location: Text Amendment
Jurisdiction: City of South Bend
Public Hearing Date: 10/20/2015
Requested Action:
The requested action is to replace Section 21-06.03 Northeast Neighborhood Development
Area Overlay Zoning District with a new Section 21-06.03 Northeast Neighborhood Zoning
Overlay District.
Staff Comments:
The staff has initiated this ordinance based on discussions with the NNRO and the Building
Department, where certain terms and development standards have caused conflicts in
interpretation of several design standards, and where certain standards may be a practical
barrier to construction projects. A number of definitions have been either added or revised,
and design standards terminology added and clarified for better understanding and
enforcement.
In addition,the recent expansion of the NNDA boundary into the new River East
Development Area,technically dissolved the former NNDA boundary and its designation as a
Development Area. This text amendment re-establishes the zoning overlay district as a
separate and distinct overlay area from the River East Development Area.
Recommendation:
Based on information available prior to the public hearing,the staff recommends that the text
amendment be sent to the Common Council with a favorable recommendation.
Analysis:
The new Section 21-06.03 re-defines the boundary for what used to be called the Northeast
Neighborhood Development Area,which no longer exists,and revises and updates definitions
and development standards applying the development experiences that have occurred to date.
a14 UNIVERSITY OF
®ll NOTRE DAME
Northeast Neighborhood 415 Main Building,Notre Dame,IN 46556
Redevelopment Phone(574)631-9979 Fax (574)631-4097
October 15,2015
Area Plan Commission of St.Joseph County,Indiana
1140 County-City Building
227 W.Jefferson Blvd.
South Bend,Indiana 46601
Re: Support for APC#2732-15/Northeast Neighborhood Zoning Overlay District
To the Members of the Area Plan Commission:
I'm writing to express the support of the University of Notre Dame for APC#2732-15, which repeals the
Northeast Neighborhood Development Area("NNDA") Overlay Zoning District and replaces it with an
updated and revised version entitled the Northeast Neighborhood Zoning Overlay("NNZO")District.
Replacing the NNDA with the NNZO accomplishes two basic goals:
1. It restores the overlay district,which was technically dissolved when the City's TIF area
boundaries were redrawn;and
2. It updates and corrects a number of features of the original NNDA.It is to this second issue that
we wish to speak.
The original NNDA was sponsored by the Northeast Neighborhood Revitalization Organization
("NNRO")in collaboration with APC staff,neighborhood residents,and local developers.It was intended
to enhance and perpetuate the redevelopment momentum in the Northeast Neighborhood created by Eddy
Street Commons, the Notre Dame Avenue Housing Program, The Triangle, and the many affordable
housing projects sponsored by the NNRO/South Bend Heritage Foundation. The goal was to establish
standards for new development(the requirements do not apply to existing structures)consistent with what
was already happening in the neighborhood: high-quality, traditional design coupled with strong
functionality.It was also designed to provide guidance on issues left unaddressed by existing zoning.
As part of the team that drafted the original NNDA, I can say without hesitation that experience has
revealed a number of areas in which the original text needed to be clarified and even corrected. It is
difficult, if not impossible, for any group to create a zoning document that perfectly anticipates every
need and situation,and this group proved no different. We identified over time numerous issues that we
felt needed revision, and the redrawing of the TIF boundaries—which technically voided the NNDA--
gave us the perfect opportunity and reason to do so.
FILED
OCT 16 2015
3 AREA PLAN COMMISSION
ca na;ran Sp..Nir 1732-1V
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A careful reading of the red-lined changes reveals that the revised NNZO is simply a refinement of the
NNDA, not a dramatic change in direction. The team that redrafted the document did so carefully and
with the input of City/County staff, so that we could "batch process" the needed changes rather than
address them individually.We think that the resulting document before you accomplishes this goal.
We ask that you send the Northeast Neighborhood Zoning Overlay District to the Common Council with
a favorable recommendation.
Thank you for your consideration.
Sincerely,
Gregory P.Hakanen
Director,Northeast Neighborhood Redevelopment
M
OCT 16 2015
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PROPOSED NNZO OVERLAY DISTRICT BOUNDRY
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
64-15 A BILL INITIATED BY THE AREA PLAN COMMISSION ON
BEHALF OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, REPEALING CHAPTER 21,
ARTICLE 6, SECTION 21-06.03 NORTHEAST
NEIGHBORHOOD DEVELOPMENT AREA OVERLAY
ZONING DISTRICT OF THE SOUTH BEND MUNICIPAL
CODE, AND REPLACING IT WITH A NEW CHAPTER 21,
ARTICLE 6, SECTION 21-06.3 ENTITLED NORTHEAST
NEIGHBORHOOD ZONING OVERLAY DISTRICT
Respectfully report that they have examined the matter and that in their opinion,
this bill is being recommended to the full Council as a substitute with no
recommendation due to a lack of a quorum.
This bill was heard by the Zoning and Annexation Committee.
Karen L. White
Chairperson, Committee of the Whole