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HomeMy WebLinkAboutAmending Chapter 21, Article 6, Division 2, exceptions to district regulations - combined use buildings and Parking lotsORDINANCE No. 9021-99 Passed by the Common Council of the City of South Bend, Indiana August 9, 19 99 Attest: Arrest: City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana August 10, August 10 City Clerk Approved and signed by me 19 99 19 99 Mayor ~ QQ a~~ ORDINANCE NO. ~ 2I AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS WITHIN CHAPTER 21, ARTICLE 6, DIVISION 2, EXCEPTIONS TO DISTRICT REGULATIONS, OF THE SOUTH BEND MUNICIPAL CODE TO CHANGE THE REQUIREMENTS OF COMBINED USE BUILDINGS IN "C" COMMERCIAL DISTRICTS AND TO ALLOW PARKING LOTS AS EXCEPTIONS IN ALL DISTRICTS STATEMENT OF PURPOSE AND INTENT The purpose of this ordinance is to allow apartments as a special exception in commercial buildings with "C" Commercial zoning and to allow parking lots as exceptions in all districts. The Common Council of the City of South Bend finds that it is desirable to make certain amendments to the combined use requirements of the City's Zoning Ordinance. Now, Therefore, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: Section I. Chapter 21, Article 6, Section 21-117.05 (a) is hereby repealed and replaced with the following section: dal Combined use: One- two- or multi-family dwellings maybe permitted as exceptions in "C" Commercial Districts provided that; ~1) A use permitted by right in the "C" Commercial district is located on the first floor of the building; (21 Residential units will not have their main access through the commercial use; (3) The petition for exception has been reviewed by the Building Commissioner and Fire Chief, or their representatives, and their comments and recommendations are considered by the Board; (4) No floor of the building may house a controlled use; (5~ The building shall comply with all uniform building and fire codes. Section II. Chapter 21, Article 6, Section 21-112(a) is hereby amended to add the following new section: f 91 Unless listed as a permitted use in a zoning district, the Board of Zoning Ap eap is mawpermit parking lots in all districts for off-street parking by and use permitted either by ri hg t or by exception in that district. Such ap rkin~ lot shall be subject to any conditions and recommendations that the Board may impose for the protection of surrounding property Section III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. ~C~ Member of the Common Council 1 st READING ~~~2- `~~ PUBLIC HEARING ~ -~-~1 ~ 3 rd RfiADING ~ ~~ ~' NOT APPROVED REFERRED PA~~E¢ g -~- `~ ~ a s S kbs~-i~v.~-Q~ i J ~! ~~ 1 ~? 1999 COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 30-99 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS WITHIN CHAPTER 21, ARTICLE 6, DIVISION 2, EXCEPTIONS TO DISTRICT REGULATIONS, OF THE SOUTH BEND MUNICIPAL CODE TO CHANGE THE REQUIREMENTS OF COMBINED USE BUILDING IN "C" COMMERCIAL DISTRICTS AND TO ALLOW PARKING LOTS AS EXCEPTIONS IN ALL DISTRICTS Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation as substituted.. Charlotte Pfeifer Chairman Area Plan Commission of St. Joseph County 1140 County-City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 Robert W. Sante Executive Director John W. Byorni Assistant Director Phone 219 235-9571 July 21, 1999 The Honorable Common Council City of South Bend County-C><t Bldg. - 4th Floor South Bendy IN 46601 Fax 219 235-9813 RE: A proposed ordinance initiated by the Area Plan Commission amending various sections within Chapter 21, Article 6, Division 2, Exceptions to District Regulations, of the South Bend Municipal Code to change the requirements of combined use buildings in "C" Commercial Districts and to allow parking lots as exceptions in all Districts - APC #1916-99 Dear Council Members: The above referenced ordinance initiated by the Area Plan Commission was legally advertised on July 8, 1999. The Area Plan Commission at its public hearing on July 20, 1999, took the following action: Upon a motion by John McNamara, being seconded by Phil Sutton and unanimously carried, the proposed ordinance initiated by the Area Plan Commission amending various sections within Chapter 21, Article 6, Division 2, Exceptions to District Regulations, of the South Bend Municipal Code to change the requirements of combined use buildings in "C" Commercial Districts and to allow parking lots as exceptions in all Districts is sent to the Common Council with a favorable recommendation. 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. Attached, for your consideration in the review of this matter, is a copy of the Area Plan Commission's Staff Report. Si rely, ert . ~e RWS:sr Attachment J ll L 2 1 1999 LJa~~T7t,J. cu~~ cmtcLF~?.;, ca. c°r~r~, t~,. Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana STAFF REPORT July 12, 1999 Initiated by the Area Plan Commission 1916-99 Location: City of South Bend REQUESTED ACTION: This is an Area Plan Commission initiated petition to amend the City of South Bend zoning ordinance to change the requirements of combined use buildings in "C" Commercial Districts. This amendment would allow apartments on any floor as a special exception in commercial buildings. This amendment also permits parking lots as a ~, special exception in all districts. PRELIMINARY STAFF RECOMMENDATION: Based on information available prior to the public hearing, the staff recommends that this petition be sent to the Common Council with a favorable recommendation. .l ~,+ ~ 2 1 199 C3i'Y CLEF?::, e:'3. S;%~ iii, C°~.