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HomeMy WebLinkAboutAmending and Supplementing Chapter 21, Zoning, by adding a new "IP" Industrial Park District~' ~~ ~ ! ORDINANCE No. X93-sa Passed by the Common Councit of the Ciry of South Bend, Indiana, March 12, 19 ~_ Arrest: Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana President of Common Council March 13, 19 98 LORETTA ,Y. DUDA Approved and signed by me March 16. 19 9g City Clerk Mayor ' ! ! ORDINANCE NO. ~U~~~~~ AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 21, ZONING, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED, BY ADDING A NEW "IP" INDUSTRIAL PARK DISTRICT, AND MAKING CERTAIN OTHER RELATED REVISIONS. The Qurpose of this ordinance is to amend Chapter 21 of the Municipal Code by adding new definitions and a new industrial zoning district intended for the development of an attractive environment to enable the communitx to attract new businesses and jobs, retain existing businesses and their associated fobs, and for the diversification of the local economy by having a ready location resource for local businesses. The Common Council of the City of South Bend determines that it is necessary to make these changes in order to promote efficient and orderly land development in the City. NOW THEREFORE, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: Section 1: That CHAPTER 21, ZONING, ARTICLE 1, GENERAL PROVISIONS, Section 21-1, Definitions, subsection (a), be amended to read as follows: (66) Hotel means a building in which lodging, with or without meals, is provided and offered to the public for comppensation, and which is open to transient guests. Hotel ixe}ides-metels;-bxt does not include boarding houses. Section 2: That CHAPTER 21, ZONING, ARTICLE 1, GENERAL PROVISIONS, Section 21-1, Definitions, subsection (a), be amended by adding the following definitions: (84.1) Motel means an establishment which provides lodging and parking and in which the rooms are accessible from an outdoor parking area. (116.1) Truck terminal means an area and buildings used for the temporary parking of motor freight vehicles or trucks of common carriers during unloading and loading of cargo and freight and where cargo and freight may be broken down or aggregated into smaller or larger loads for transfer to other vehicles or modes of transportation. Section 3: That CHAPTER 21, ZONING, ARTICLE 2, USE DISTRICT REGULATIONS, DIVISION 1, DISTRICT BOUNDARIES, Section 21-6 Use district regulations; boundaries; use district map, Subsection (a) of the City Code of the City of South Bend, Indiana be amended to read as follows: (a) 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 is divided into "Use Districts" of which there shall be fifteen (15) known as: "A" Residential District "A-1" Residential District "A-2" Planned Residential Development District. "A-3" Mixed Use Multifamily Residential and Commercial District. PAGE 1 "B" Residential District. "B-1" Residential District. "BP" Business Park District "O" Office District "PHC" Professional/Health Care District. "C-1" Commercial District. "C-2" Planned Shopping Center District. "C" Commercial District. "IP" Industrial Park District. "D" Light Industrial District. "E" Heavy Industrial District. Section 4: That CHAPTER 21, ZONING, ARTICLE 2, USE DISTRICT REGULATIONS, be further amended by adding a new DIVISION 9.5 to read as follows: DIVISION 9.5. "IP" INDUSTRIAL PARK DISTRICT Sec. 21-34.5.1. "IP" Industrial Park District; intent of district. (a) The "IP" Industrial Park District is intended for the development of an attractive environment to enable the community to attract new businesses and Jobs, retain existing businesses and their associated jobs, and for the diversification of the local economy by having a ready relocation resource for local businesses. (b) Since it is anticipated that the uses in the "IP" Industrial Park District will generate a considerable amount of truck and automobile traffic, it is intended that the "IP" Industrial Park districts have good access to the Michiana Regional Airport, U.S.31, the Indiana Toll Road, and the region's highway and arterial street system. (c) The "IP" Industrial Park District is intended to be developed as a large campus or park-like setting. sec 21-34 5 2 "IP" Industrial Park District: general requirements. (a) The "IP" Industrial Park District shall be governed by the Height and Area Requirements contained herein and are exempt from the provisions contained in Article 4, Height and Area District Regulations of this Title. (b) All activities associated with permitted uses, except for off-street parkingg, maneuvering or loading and unloading, and outside storage shall be conducted within completely enclosed buildings. (c) No mining, quarrying, or.extracting of any material or product shall be allowed or permitted in the "IP" Industrial Park District, except for excavations made for the purpose of constructing buildings and improvements. (d) Trash receptacles and dumpsters shall not be located in front of any building and shall be screened so as not be visible from anv on-site parking lot, adjoining property or street. (e) Access drives to property zoned "IP" Industrial Park District shall not be through any residential zoning district. (f) Outside storage areas shall not exceed 20% of the total building coverage and shall not be located within the required building setbacks or in the front of buildings or the sides of buildings adjoining a street. For the purpose of this subsection, frontage along Interstate 80/90 and the St. Joseph Valley Parkway shall not be considered a front yard, but rather shall be deemed a rear yard. (g) Outside storage areas shall be surfaced with a durable, dustfree cement concrete or bituminous concrete surface, which meets or exceeds minimum specifications prescribed by the Board of Public Works. PAGE 2 (h) Outside storage areas shall be screened by an effective screen with a height of not less than six (6) feet nor more than eight (8) feet. When landscaping is used to form an effective screen, the landscaping shall be so dense and compact that an individual standing on an adjacent property will not be able to see through the screening material during any season of the year. A chain-link fence with inserted slats or attached mesh shall not be considered an effective screen. (i) That portion of an "IP" Industrial Park site not used for buildings, storagge, parking, walks, or drives shall be landscaped with grass, groundcovers, trees, shrubs, earth berms, and/or evergreen hedges. Sec. 21-34.5.3. "IP" Industrial Park District; uses permitted. (a) In the "IP" Industrial Park District, buildings or premises may be used and buildings may be erected or structurally altered for the following uses only: (1) Armored car services. (2) Aircraft, automobile, boat, truck, motorcycle or bicycle assembly. (3) Bakeries, not retail. (4) Beer, wine and liquor wholesale distributing. (5) Bottling plants. (6) Chemical packaging: (7) Coating and engraving. (8) Computer and data processing services. (9) Contractor's plant. (10) Dairy plants. (11) Day care. (12) Drug and pharmaceutical manufacturing and distributing. (13) Drugstores. (14) Drx cleaners. (15) Dying and cleaning plants. (16) Electronic equipment and component manufacturing. 17) Family restaurant, excluding truck stops. 18) Family restaurant with lounge, excluding truck stops. (19) Financial Institutions. (20) Garages, parking. (21) Garment factories and suppliers. (22) Gas stations, excluding truck stops. (23) Glass container manufacturing. (24) Grocery stores. (25) Heliports. (26) Hotels. (~7) Ice manufacture and storage plants. (28) Industrial machinery manufacturing and assembly. (29) Knitting and weaving plants. (30) Laboratories. (31) Laundry and drycleaning plants. (32) Machine Shops. (33) Measuring, analyzing and controlling instrument manufacturing. (34) Metal products fabrication. (35) Metalplating. (36) Motion picture, video, and audio production. (37) Musical instrument and equipment manufacturing. (38) Offices and office buildings. (39) Paper products made from finished paper and paper box manufacturing. (40) Parcel package delivery. (41) Photographic, medical, dental and optical goods manufacturing. (42) Plastic parts manufacturing. (43) Pottery and porcelain products manufacture. (44) Printing or publishing. (45) Public utilities. (46) Refrigerating locker plants. (47) Restaurant supply. (48) Retail, that is clearly incidental and related to the primary industrial use on the same premises. (No outside sales display) (49) Sheetmetal shops. (50) Sign painting shops. PAGE 3 (51) Steel spring and wire drawing. (52) Stone, clax, and glass product manufacturing and distribution. (53) Tool and die shops. (54) Vending machine sales and service. (55) Vitreous enameled products. (56) Warehousing and distribution; excluding mini-warehouses and truck terminals. (57) Welding shops. (58) Wholesale Trades. Section 21-34.5.4. "IP" Industrial Park District; height and area regulations. (a) In the "IP" Industrial Park District the minimum dimensions of yards and setbacks, the height of buildings, minimum lot width, and the maximum lot coverage shall be as set forth in this Section. The Height and Area District Regulations as set forth in Article 4, Height and Area District Regulations contained in this title are not applicable to the "IP" Industrial Park District. Except as provided herein no building shall be erected or structurally altered except in conformitx with the regulations below subject to any more stringent modifications as may be imposed by the St. Joseph County Airport Authority. (b) Maximum height allowed. No building hereafter erected or structurally altered shall exceed 50 feet. (c) Front yard required. There shall be a front yard of not less than forty (40) feet in depth. (d) Side xard required. Except as provided by Sections 21-34.5.4 (f) & (g) side yards shall be provided as follows: (1.) Not less than forty (40) feet when adjoining a street; and (2.) Not less than twenty (20) feet when adjoining an interior lot line. (e) Rear yard required. Except as provided by Sections 21-34.5.4 (f) & (g) there shall be a rear yard of not be less than twenty (20) feet in depth. (f) Where a side or rear yard adjoins Interstate 80/90 or the St. Joseph Valley Parkway there shall be a setback of not less than 20 feet. (g) Transitional yard, residential. Where a side or rear lot line coincides with a side or rear lot line of a residential zoning district, a 50 foot wide transitional yard shall be provided. This yard shall be landscaped to rovide 15 deciduous trees, of a 2 inch caliper or greater, per 100 linear feet of property line or right-of-way. Two coniferous trees, of a height of at least 6 feet, shall equal one deciduous tree. (h) Transitional yard, commercial. Where a side or rear lot line coincides with a side or rear lot line of a commercial zoning district, a 20 foot wide transitional yard shall be provided. This yard shall be landscaped to provide 6 deciduous trees, of a two inch caliper or greater, per 100 linear feet of property line or right-of-way. Two coniferous trees, of a height of at least 6 feet, shall equal one deciduous tree. (i) Lot width. The minimum lot width shall be thirty-five (35) feet. (j) Lot coverage, restricted. No more than seventy (70) percent of the lot area shall be impervious. PAGE 4 S c. 2 - 4 "IP" I s rial Park Di t t: off-s r arki and loa in aci it es an~ an s a n an sc n n x m In addition to the regulations set forth in ARTICLE 5. OFF-STREET PARKING AND LOADING FACILITIES the following shall apply. In case of conflicting regulations the more restrictive shall apply. (a) Except for entrance drives and walks, an off-street parkingg facility that may be viewed from a public street shall be screened by a masonry wall, evergreen hedge, earth berm, an on-site building or any combination thereof. The screening shall be established and maintained at a height of not less than two and one-half feet nor more than three feet to restrict the view of parked vehicles from the public street. (b) Parking, associated drives and maneuvering areas, except for entrance drives, shall not be located in the front setback, side setbacks adjoining a street, and transitional yards. Section 5: That CHAPTER 21, ZONING, ARTICLE 10. SIGN REGULATIONS be amended by adding a new section 21-170(7) to read as follows: 21-170(7) "IP" Industrial Park District: (a) On premise signs: 1. All signs permitted in the "A" Residential district. 2. One on-premise, freestanding monument type sign per primary building provided that: a. The sign does not exceed ninety (90) square feet in area; b. The top of the sign does not exceed 10 feet above grade; c. The sign meets the setback requirements of Section 21-169; and d. All signs shall be designed so that copy and letters are white or other light colors on a dark background. If the sign is backlit or internally lit, the background shall be opaque. 3. One marquee or canopy sign per primary building provided that: a. The sign does not exceed ninety (90) square feet in area; b. The sign meets the requirements of 21.169(d). 4. Fascia sins provided that the signs do not exceed ninety (90) 'square feet in area; and 5. The total size of all the signs shall not exceed one hundred eighty (180) square feet. [(a)+(b)+(c)+(d)m180 sq.ft.] (b) Outdoor Advertising signs provided that: 1. Outdoor advertising signs may be located only along Interstate 80/90 and the St. Joseph Valley Parkway. Outdoor advertising signs shall be located within one hundred (100) feet, but no closer than twenty (20) feet, of the right-of-way of Interstate 80/90 or the St. Joseph Valley Parkway as measured from the extremity of the sign face. The intent of this subsection is that outdoor advertising signs be oriented toward Interstate 80/90 and the St. Joseph Valley Parkway. 2. The maximum display area of outdoor advertising signs shall be one thousand (1,000) square feet, including embellishments. 3. The total area of any embellishment shall not exceed fifteen (15) percent of the display area of the sign to which the embellishment is added, provided the maximum display area including embellishments shall not exceed one thousand (1,000) square feet. PAGE 5 4. The backs of outdoor advertising signs shall be concealed by. another outdoor advertising displayy, or shall be screened by suitable architectural treatment, or shall be painted to blend with the surroundings and kept so painted. 5. The maximum height for outdoor advertising signs shall be thirty-five (35) feet. 6. The minimum distance between a new outdoor advertising sign and an existing outdoor advertising sign located on the same side of the street shall be one thousand (1,000) feet. 7. The minimum distance between an outdoor advertising sign and a principal residential use or zoning district, church, school, designated historic landmark or historic preservation district, or park shall be one hundred (100) feet as measured from the extremity of the sign face. Section 6: That CHAPTER 21, ZONING, ARTICLE 10, SIGN REGULATIONS be amended by adding a new section 21-172.5 to read as follows: Sec. 21-172.5. SIGNS EXPRESSLY PROHIBITED FROM THE "IP" Industrial Park District. Because of the unique intent and requirements of the "IP" Industrial Park District certain signs have been determined to be detrimental to the "IP" Industrial Park district. (a) The following signs are expressly prohibited from the "IP" Industrial Park District. 1. Flashing signs, 2. Portable signs, 3. Roof-mounted signs, 4. Rotating signs, and 5. Temporary s~.gns. Section 7: This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and legal ublication. e er, ommon ounce 1st READiivG ~ g ~ ~~ PUE3LIC HEARING _ 3 /~ 9 3rd READING,,3- f~~ NOT APPROVED REFERRED PASSED3-- Io~~ I $ /~-~ S(JQ~T ITZJT~-7~ PAGE 6 i=ite~ i~ ~i~ri'~ Office FEt3 1 7 t99~ LOFi~fTs.J. i3WD:a C17Y CL[FiN,.:sA. t?^tJD, I?!. COMMITEE REPORT TO THE COMMON COUNCII, OF THE CITY OF SOUTH BEND: Your Commitee of the Whole, to whom was referred: BILL NO. 21-98 A BILL AMENDING AND SUPPLEMENTING CHAPTER 21, ZONING, OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, AS AMENDED, BY ADDING A NEW "IP" INDUSTRIAL PARK DISTRICT, AND MAKING CERTAIN OTHER RELATED REVISIONS Respectfully report that they have examined the matter and that in their opinion, this bill has been recommended to the Council favorably, as substituted. John Broden Chairman ~~~ Area Plan Commission of St. Joseph County '~-~ 1140 County-City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 Robert W. Sante John W. Byorni Executive Director Assistant Director Phone 219 235-9571 Fax 219 235-9813 February 3, 1998 Mr. Sean Coleman, President South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 RE: "IP" Industrial Park Zoning district. Dear Mr. Coleman: Attached, please find a proposed ordinance initiated by the Area Plan Commission. The purpose of the "IP" Industrial Park ordinance is to create a new zoning district that will more closely match the development standards of the Blackthorn Development Area and provide a greater level of protection for the investment already in place. Please place the proposed ordinance on your February 9, 1998, agenda for first reading. The Area Plan Commission will conduct its public hearing on February 17, 1998. If you have any questions concerning this matter, please feel free to contact me. cerely, V es Voll S for Planner tl q.,! a~'C~'..~y,.. ~- FEg - ~ 1Q9~ ~ LGii~li2~ J. CtJt?:~ Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana ~, ~~ Ar'~a Plan Commission of St. Joseph County '~ 1140 County-City Building 227 West Jefferson Blvd. South Bend, Indiana 46601 Robert W. Sante John W. Byorni Executive Director Assistant Director Phone 219 235-9571 February 18, 1998 The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 Fax 219 235-9813 Gi~~ nln ~~ ~~ RE: A proposed ordinance initiated by the Area Plan Commission amending and supplementing Chapter 21 of the Municipal Code of the City of South Bend to create a new "IP" Industrial Park Zoning District, and making certain other related revisions - APC #1825-98 Dear Council Members: The above referenced ordinance initiated by the Area Plan Commission was legally advertised on February 5, 1998. The Area Plan Commission at its public hearing on February 17, 1998, took the following action: Upon a motion by Gerry Phipps, being seconded by Carl Littrell and unanimously carried, the proposed ordinance initiated by the Area Plan Commission amending and supplementing Chapter 21 of the Municipal Code of the City of South Bend to create a new "IP" Industrial Park Zoning District, and making certain other related revisions 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. Sincerel ~~~ ~~ ~~ Robert Sante RWS:sr Attachment Filets it Ci~ri:'~ ®ffic~ FER 1 r ?'.'og - _.. ....~.,._ .._-.._i La ,~~ ter:.,. t~~l:F~, CITY CLErttC,.:iC1. E7ElID, ttl. Serving South Bend, Lakeville, New Carlisle, North Liberty, Osceola, Roseland and St. Joseph County, Indiana ., STAFF REPORT znitiat d by the Area Plan Commission 1825-96 Location: February 9, 1998 REQUESTED ACTION: This is an Area Plan Commission initiated petition to amend Chapter 21, Zoning, of the Municipal Code of the City of South Bend by adding a new "IP" Industrial Park District. The purpose of the new district is to provide a zoning classification that will more closely match the development standards of the Blackthorn Development Area and provide a greater level of protection for the investment already in place. PRELIMINARY STAFF RECOMMENDATION: Based on the information available prior to the public hearing, the Staff recommends that this petition be sent to the Common Council with a favorable recommendation.