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HomeMy WebLinkAbout9904-09 Amending Various sections of chapter 14, article 9 - "regulations addressing special events"ORDINANCE No. 9s Passed by the Common Council of the City of South Bend, Indiana August 10, 20 09 Attest: Attest: Presented by me to the Mayor of the Ciry of South Bend, Indiana August 11, City Clerk President of Common Council Approved and signed by me August 11, 20 0 9 Ciry Clerk Mayer 20 09 ORDINANCE NO. 1 1 1 1_ 0 1 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 14 ARTICLE 9 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED "REGULATIONS ADDRESSING SPECIAL EVENTS IN RESIDENTIALLY ZONED AREAS" STATEMENT OF PURPOSE AND INTENT In 2007 the South Bend Common Council passed Ordinance No. 9785-07 which established regulations addressing special events in residentially zoned areas. That ordinance established a fair and systematic process to properly balance the responsibilities of person(s) who host special events which occur in residential areas, with the rights of the surrounding residents and neighborhoods. Last year the City Administration requested that the duties regarding conditional use lawn parking permits be transferred from the Department of Administration and Finance to the Office of the City Clerk. The Common Council incorporated those changes into Ordinance No. 9889-08 which was passed by the Council on December 8, 2008. This ordinance would make limited amendments to improve the processing of requests for lawn parking permits. Some of the proposed changes include: changing the deadline from Thursday to Wednesday prior to a home football game for applying for a permit with the Office of the City Clerk; and providing a discount often percent (10%) of the Seasonal Conditional Lawn Parking Permit if a qualifying applicant desiring to park ten (10) or more motor vehicles files for, and is issued such a permit, prior to the first home football game of the season. The changes are believed to be in the best interest of administering the regulations. Now, therefore, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: Section I. Various sections of Chapter 14, Article 9, addressing REGULATIONS ADDRESSING SPECIAL EVENTS IN RESIDENTIALLY ZONED AREAS, shall be amended to read as follows: Sec. 14-51. Definitions.2 For purposes of this article, the following definitions shall apply: z Many of the definitions set forth in this section and section 14-41 are identical to or similar to those set forth in section 2l-l 1-.02 of the Zoning chapter of the South Bend Municipal Code. Alcoholic beverage: See definition in IC § 7.1-1-3-5. Approved parking area: Land meeting the requirements of sections 18-41, 18-42 and 21- 11.02 of this Code. Boarding house: A building located in a residentially zoned area of the city where more than two (2) persons, who are not related by blood, legal adoption or marriage, live together. Chronic violation: Violation of this article more than two (2) times by the same person. Community/campus advisory coalition (CCAC): A 21-member advisory task force consisting of representatives from residential neighborhoods, elected and appointed South Bend municipal officials, university/college officials, and university/college student officials who are charged with identifying neighborhood concerns and proposed action plans to address such concerns. Conditional use lawn parking permit: A document issued by the City giving conditional approval to permit the temporary parking of motor vehicles on lawns in a residentially zoned area. Conditional use permit for a special event at a boarding house: A document issued by the City giving conditional approval to a sponsor to host a special event at a boarding house. Driveway: See definition in section 14-41 of the Code. Front yard.• See definition in section 14-41 of the Code. Game day: A date when the University of Notre Dame hosts a home football game. Grandfathered.• The right of sanction exempting a person or entity from certain zoning provisions as determined by the City of South Bend, which permits a use as a legal nonconforming use. Minor: A person less than twenty-one (21) years of age' Motor vehicle: See definitions in section 14-41 of the Code. Park or parking: The standing of a motor vehicle, whether occupied or not, upon aright- of-way, driveway, front yard or side yard. See also section 14-41 of this Code. 3 IC § 7.1-1-3-25 defines minor. Residentially zoned area: SF1 Single Family & Two Family Dwelling as further addressed in SBMC § 21-02.01; SF2 Single Family & Two Family Dwelling as further addressed in SBMC § 21-02.02; MFl Urban Corridor Multifamily District as further addressed in SBMC § 21-02.03; or MF2 High-Density Multifamily District as further addressed in SBMC § 21-02.04. Right-of--way: See definition in section 14-41 of the Code. Seasonal Conditional Use Lawn Parking Permit: A document issued by the Cites ig ving conditional approval to permit the temporary parking of motor vehicles on lawns in a residentially zoned area during a University of Notre Dame football season. Side yard: An open space, unobstructed to the sky, extending fully across the lot while situated between a side lot line and the established side building line. See also section 14-41 of this Code. Special event: A planned or unplanned gathering of people. Special event lawn parking: Temporary lawn parking for a special event in a residentially zoned area which is only permitted when a Conditional Use Lawn Parking Permit has been issued. Sponsor: The person who hosts, conducts or permits a special event, who shows to have possession of the property (a present possessory interest). If no sponsor is present upon the premises, the sponsor is deemed to be the properly owner(s), as determined by reference to the records of the St. Joseph County Assessor. Street: See definition in section 14-41 of this Code. Temporary structures: Outdoor tent(s), trash container(s), chair(s), table(s) or equipment for outdoor music. (Ord. No. 9785-07, § 1) Sec. 14-56. Temporary residential one-day conditional use parking permit procedures and fees and Seasonal Conditional Use Lawn Parkins Permits (a) Application and proof of residency: A person who desires to park or who desires to permit the parking of motor vehicle(s) on the nonpublic Lawn area of a residentially zoned area must have one-day conditional use lawn parking permit or a Seasonal Conditional Lawn Parking Permit. Such person must complete an application, file it with the Office of the City Clerk, and pay a nonrefundable application fee of five dollars ($5.00). Proof of residency for the subject property shall be required which lists the residential address for which the temporary residential special event one-day permit or a Seasonal Conditional Lawn Parking Permit is requested. Acceptable documents include: (1) Indiana Driver's License; (2) Copy of a signed lease or real estate purchase agreement; (3) Current utility bill: or (4) Current bank statement which shows the street address for the property in question. A copy of such document tendered shall be attached to the registration form. (b) Nonrefundable fee for parking less than ten (10) motor vehicles: If the applicant meets the requirements of this section for parking less than ten (10) motor vehicles, the Office of the City Clerk shall issue aone-day conditional use lawn parking permit to the applicant, upon the payment of a nonrefundable fee of one dollar ($1.00) per parking space. All such one-day permits shall be subject to the conditions set forth in this section. All fees collected by the Office of the City Clerk shall be deposited into the General Fund. (c) Nonrefundable fees for parking less than ten (10) motor vehicles for home football season: A Seasonal Conditional Lawn Parking Permit maybe issued for an entire Notre Dame home football season by the Office of the ~ Ci Clerk to qualifying applicants desiring to park less than ten (10) motor vehicles upon the payment of a nonrefundable fee of one dollar ($1.00) per parking space times the number of total re~g home football games. All fees collected shall be deposited into the General Fund. (d) Additional documents and reviews when parking ten (10) or more motor vehicles: Any person who applies for aone-day conditional use lawn parking permit or a Seasonal Conditional Lawn Parking Permit seeking to park ten (10) or more motor vehicles must also provide a lot survey, site plan or similar legal document which shows the following: (1) Location of lot lines and structures; (2) Setback of parking spaces of at least five (5) feet from all structures and lot lines; (3) Lanes for ingress and egress to parking surfaces; and (4) The location of proposed parking spaces. The above-listed information shall be referred to the Department of Public Works, along with a copy of the proof of residency document and the completed applications form, for review and recommendation. The Department of Public Works shall determine the maximum amount of motor vehicles which may be safely parked at such locations based on the size of the lot, the information set forth on the tendered lot survey, site plan or similar legal document, and relevant public safety considerations. The Department of Public Works shall indicate the locations of the approved ingress and egress location(s) and any approved temporary ramp structures. All parking must comply with the approved document. (e) Nonrefundable fees for parking ten (1 D) or more motor vehicles: If the applicant meets the requirements of this section for parking ten (10) or more motor vehicles, the Office of the City Clerk shall issue aone-day conditional use lawn parking permit upon the payment by the applicant of a nonrefundable fee of twenty-five dollars ($25.00). All such one-day permits shall be subject to the conditions set forth in this section. All fees collected by the Office of the City Clerk shall be deposited into the General Fund. (f) Nonrefundable fees for parking ten (10) or more motor vehicles for home football season: A Seasonal Conditional Lawn Parkin Pg ermit r'°^a~~~°~^' ^°°'^~~~° ^^°'-~^° ^°-~~*^ for an entire Notre Dame home football season may be issued by the Office of the City Clerk to qualifying applicants desiring to park ten (10) or more motor vehicles, upon the payment of a nonrefundable fee of twenty-five dollars ($25.00) times the total number of rerxtai~i~g home football games. Such fee shall be subject to a ten percent X10%~discount if applied for, and is issued such a permit, prior to the first home football game of the season. A Seasonal Conditional Lawn Parking Permit maybe issued to qualifying applicants desiring to park ten (10) or more motor vehicles, upon the payment of a nonrefundable fee of twenty-five dollars ($25.00) times the number of remaining home football games, which shall not be subject to any fee discounts. All fees collected by the Office of the City Clerk shall be deposited into the General Fund. (g) Filing deadline: No applications seeking a conditional use lawn parking permit for game day parking shall be taken after 12:00 noon on the Thursday Wednesday immediately prior to the game day. (h) Permit required to be displayed.• Conditional use lawn parking permit holders and the motor vehicle owners who have their vehicles properly parked at such location prominently displaying the permit in the inside front window of the residential building located thereon, or if there is no building said permit shall be prominently displayed separately; with such persons being exempt from the provisions of Section 14-42 entitled "Parking Prohibited in Residential Lawn Areas" and the zoning regulations set forth in Sections 21-02.11 and 21-07.04 of the South Bend Municipal Code. (i) Exemptions: No conditional use lawn parking permits are required for parking on an approved driveway or parking space. (j) Violation for parking on date other than date listed on permit: Any motor vehicle which is parked on the lawn of a residentially zoned area on a date other that the date listed on the conditional use lawn parking permit issued under this section shall be in violation of Section 14- 42. The owner of such a vehicle shall be subject to the penalties set forth in Section 14-44, as well as applicable zoning provisions of Chapter 21 of the South Bend Municipal Code. (k) Restrictions: All owners of any residentially zoned area who were issued a conditional use lawn parking permit under this section shall not permit any vehicle to drive over an adjoining property during ingress or egress to their property. (1) Sight distance and impeding traffic: Motor vehicles parked pursuant to this section shall not interfere with the sight distance required for safe driving on a street, nor may parking of any vehicle impede pedestrian and/or vehicular traffic. (m) Driving over curbs: No person shall operate or park any motor vehicle on any portion of a lot in any residential district in a way requiring driving the motor vehicle over the curb instead of through a curb cut; unless temporary ramp structures have been specifically authorized and approved by the Department of Public Works to be used, as evidenced on the conditional use parking permit. Visual events of driving over a curb shall be evidence of a violation of this subsection, subjecting the person filing the application for the subject property being subject to a citation. Special Events in Residentially Zoned Areas Page 6 (n) Repairing lawn ruts: All owners of any residentially zoned area who were issued a conditional use lawn parking permit under this section shall be required to repair all lawn ruts within thirty (30) days, weather permitting. All other lawn ruts must be repaired no later than Apri130 of the following year. (o) Permit holder assumes all risk and peril: Any person issued a permit under this section assumes all risk or peril. Such person may be responsible for any and all physical loss or damages incurred which may result from any lawn parking on such person's property. The City of South Bend is free and harmless from any liability loss, costs, damages or expenses, including attorney fees and related expenses. (p) Citations: Any person violating any provision of this section shall be issued a citation for each violation by a Police Officer or a Code Enforcement Officer subjecting the violator to the penalty provisions of Section 14-58 of the South Bend Municipal Code. (Ord. No. 9785-07, § 1; Ord. No. 9889-08, § I, 12-8-08) Section II. Severability. If any part, section, subsection, sentence, clause or phrase in this Article is for any reason declared to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Article. 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 and legal publication. ~~?~ John oorde, City Clerk Council Member~Ti othy A. Rouse Member oft cs moron Council Lr,~. ~ j ~u:~~:cf~ • I Council Member A `Buddy" Kirsits Member of the Common Council Presented by me to the Mayor of the City of South Bend, Indiana on the l `~ day of I~-c,~.. , 2~, _, at ] ~ `-fir` o'clock c~_. m. Approved and signed by me on the 2 = o o'clock m. (City Clerk ~~ ~ day of , 2~, at ~ ~--- ~~ Mayor, City of Sou Bend, Indiana 'i st READING ~ _L~ ~~ (~ d PUBLIC HEARING ~-~ ~-°y QJ Su S~C-~~j 3rd READING ~ -~ O-~~ ~ S Su..~S-~~'s4 NOT- APPROVED REFERRER 1 PASSER ~--t g - O~ 4 S Su-~J ~r"'~~-t~ AUG i ~ c~~3 JUlild VCORD'c CITY CLERY., S0. BEFiD, iN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 53-09 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 14 ARTICLE 9 OF THE SOUTH BEND MUNICIPAL CODE ENTITLED "REGULATIONS ADDRESSING SPECIAL EVENTS IN RESIDENTIALLY ZONED AREAS" 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 by changing 4:45 p.m, to 12:00 noon in Sec. 14- 56 (g). Ann Puzzello Chairperson, Committee of the Whole SoU TH 8~, °~ '~'~'~''''''~''~° Cit of youth Bend ~.., ~% ~. ~' '' Y U ~\\~ ~i~ ~~ d ~ ~ ~~EncE/~ ~ s ,~~. -~ a Common Council 1865 k 441 County-City Building .227 W. Jefferson Blvd South Bend, Indiana 46601-1830 Derek D. Dieter President July 21, 2009 Oliver J. Davis Members of the Common Council Vice-President 4~' Floor County-City Building Ann Puzzello South Bend, Indiana 46601 (574) 235-9321. Fag (574) 235-9173 TDD (574) 235-5567 http://www.southbendin.gov Chairperson, Committee of the Whole Re: Proposed Ordinance to Amend the Conditional Use Lawn Parking Regulations Derek D. Dieter First District Dear Council Members: Henry Davis, Jr. Recently a meeting was held between the Office of the City Clerk and City Second District Administration members to discuss- the ongoing implementation of the conditional use Thomas LaFounrain lawn parking regulations. With the University of Notre Dame having seven (7) home Third District football games this upcoming season, namely on: Ann Puzzello September 5~' Nevada October 17`" USC Fourth District September 19 Michigan State October 24`x' Boston College October 3rd Washington November 7~' Navy David Varner November 21 Connecticut Fifth District Oliver J. Davis planning for the processing of applications for the conditional use parking permit Sixth District program is well underway. AI "Buddy" Kirsits The attached ordinance would: At Large • Offer a 10% discount on the permit fees for those individuals seeking a Seasonal Timothy A. Rouse Conditional Use Lawn Parking Permit for ten (10) or more vehicles for an entire ND At Large home football season if applied for and issued prior to the first home game Karen L, White At Large • Change the filing deadline from Thursday to Wednesday prior to a home football game for applying for a permit • Make limited housekeeping changes which were not included in Ordinance No. 9889- 09 which changed the oversight responsibility from the City Controller's Office to the Office of the City Clerk We offer these proposed changes for your review and approval, so that they may be implemented prior to the beginning of this year's football season. Proposed Ordinance to Amend the Conditional Use Lawn Parking Regulations July 21, 2009 Page 2 We look forward to discussing this with you. Thank you. Most sincerely, Council Member Timothy A. Rouse ~ f%~ it ~VIe ber t arse Council Member Al "Buddy" Kirsits Council Member at Large Attachment cc: The South Bend Common Council Office of the City Clerk t=iled In Clel'k'~ Offlce JUL 2 22009 JOHN VOORDE CITY CLERK, S0. BEND, IN,