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HomeMy WebLinkAbout10.19.26 PC Agenda Packet City Hall 215 S. Martin Luther King, Jr. Blvd. Suite 500 South Bend, IN 46601 (574) 235-7627 www.southbendin.gov/zoning City of South Bend PLAN COMMISSION Tim Corcoran Planning Director Brian Killen Zoning Administrator Francisco Fotia Commission President AGENDA Monday, October 19, 2026 - 4:00 P.M. City Hall - Third-Floor Council Chambers Meeting Link - https://www.southbendin.gov/sbpc Meeting Recordings - https://tinyurl.com/PlanCommission2026 PUBLIC HEARING: A. REZONINGS 1 Location: 2209 WASHINGTON ST (2 parcels) PC#0338-26 Petitioner: TROTTER JAMES C JR Requested Action: Rezoning: From U1 Urban Neighborhood 1 to UF Urban Neighborhood Flex for the vacant parcel east of the alley Special Exception: Retail & Service, General [21-06.01(k)(16)] for both parcels 2 Location: 23260 Brick Rd (Petitioner wishes to withdraw their petition) PC#0350-26 Petitioner: LANE JAMES D Requested Action: Rezoning: From I Industrial to S1 Suburban Neighborhood 1 B. TEXT AMENDMENTS 3 Requested Action: PC#0351-26 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE TO REVISE THE NNZO NORTHEAST NEIGHBORHOOD ZONING OVERLAY 4 Requested Action: PC#0352-26 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE TO MAKE MISCELLANEOUS CHANGES FOR CLARIFICATION AND CONSISTENCY, TO SIMPLIFY DEVELOPMENT PROCESSES, AND TO ACHIEVE HIGHER QUALITY DEVELOPMENT ITEMS NOT REQUIRING A PUBLIC HEARING: A. MINOR SUBDIVISIONS - None for consideration B. FINDINGS OF FACT – September 21, 2026 C. UPDATES FROM STAFF D. MINUTES – September 21, 2026 E. ADJOURNMENT City Hall 215 S. Martin Luther King, Jr. Blvd. Suite 500 South Bend, IN 46601 (574) 235-7627 www.southbendin.gov/zoning City of South Bend PLAN COMMISSION Tim Corcoran Planning Director Brian Killen Zoning Administrator Francisco Fotia Commission President Commissioner Appointing Agency Term Start Term End Dr. Oliver Davis Council Appointee Until reappointed John Martinez Venues, Parks and Arts Appointee Until reappointed Rebecca Plantz City Engineer Appointee Until reappointed Scott Ford Board of Public Works Appointee Until reappointed Francisco Fotia Mayoral Appointee 12/22/2025 12/31/2028 Caitlin Stevens Mayoral Appointee 1/1/2024 12/31/2027 Tyler Gillean Mayoral Appointee 7/25/2024 12/31/2027 Taylor Lewis Mayoral Appointee 9/4/2025 12/31/2028 SOUTH BEND PLAN COMMISSION Staff Report – PC#0350-26 October 19, 2026 Property Information – PETITIONER HAS REQUESTED THAT THE PETITION BE WITHDRAWN Location: 23260 Brick Rd Owner: LANE JAMES D Requested Action Rezone from I Industrial to S1 Suburban Neighborhood 1 Project Summary The current and proposed future use of the property is a one-unit dwelling. The petitioner is looking to rezone the property to align the zoning district with this use. Location Map Recommendation Staff Recommendation: Based on information available prior to the public hearing, the staff recommends the Plan Commission send the rezoning petition to the Common Council with a favorable recommendation. Staff Report -PC#0350-26 10/19/2026 SOUTH BEND PLAN COMMISSION Proposed Site Plan Staff Report -PC#0350-26 10/19/2026 SOUTH BEND PLAN COMMISSION Land Uses and Zoning: On site: A one unit dwelling and a barn zoned I Industrial North: One unit dwellings zoned R Single Family District in St. Joseph County East: One unit dwellings zoned R Single Family District in St. Joseph County South: Undeveloped land zoned I Industrial West: Undeveloped land zoned I Industrial District Intent: The S1 District is established to provide for and maintain suburban neighborhoods in outlying areas of the City. Site Plan Description: The petitioner wishes to maintain the property as is: a one unit dwelling with accessory structures. Zoning and Land Use History and Trends: The barn, one unit dwelling, and shed on the property were all built in 1910. The property was rezoned to Industrial decades ago with the expectation that it would be redeveloped as part of a large-scale industrial development, but that never happened. Traffic and Transportation Considerations: This property is located on Brick Road, a 22' wide two-way street that runs east and west with one lane of traffic going in each direction. Agency Comments: No comments at this time. Engineering Comments: Utilities and sidewalks would be required if the property is further developed. Staff Comments: No additional comments at this time. Per State Law, the Plan Commission and Common Council shall pay reasonable regard to: 1. Comprehensive Plan: Policy Plan: In the city's comprehensive plan, Objective H 1 calls upon the city to “ensure that an adequate supply of housing is available to meet the needs, preferences, and financial capabilities of households now and in the future.” Land Use Plan: In the 2006 comprehensive plan, the future land use map calls for this property to be used for light industrial. Plan Implementation/Other Plans: N/A Agency Comments Criteria for Decision Making Rezoning Site & Context Staff Report -PC#0350-26 10/19/2026 SOUTH BEND PLAN COMMISSION 2. Current Conditions and Character: The property is currently occupied by a house, a shed, a detached garage, and a barn, and is located in a semi-rural context. 3. Most Desirable Use: The most desirable use for this property is a single-unit dwelling. 4. Conservation of Property Values: Rezoning this property should not negatively affect the value of neighboring properties. The existing use of the property for a one unit dwelling will continue, which matches the neighboring properties to its north and east. The new zoning district is also intended to be used for one unit housing development, helping guide any future redevelopment of the property. 5. Responsible Development and Growth: This property is already located within city limits, and no improvements to the property are currently proposed. Commitments: No commitments are proposed. Analysis: Rezoning to Suburban Neighborhood 1 makes sense for this property. It was rezoned to Industrial decades ago, along with the surrounding parcels to its west and south, with the expectation that it would be redeveloped as part of a large-scale industrial development. However, that development never happened, and the one unit dwelling that was built on the property in 1910 remains. Therefore, it makes sense to rezone this parcel back to a zoning district that allows for residential uses, unlike Industrial. S1 is the best fit given the built form of the property, the zoning of surrounding county parcels, and the more rural context of this part of the city. Recommendation: Based on information available prior to the public hearing, the staff recommends the Plan Commission send the rezoning petition to the Common Council with a favorable recommendation. Analysis & Recommendation SOUTH BEND PLAN COMMISSION Staff Report – PC#0338-26 October 19, 2026 Property Information Location: 2209 WASHINGTON ST (2 parcels) Owner: TROTTER JAMES C JR Requested Action - Rezone from U1 Urban Neighborhood 1 to UF Urban Neighborhood Flex for the vacant parcel east of the alley - Special Exception: Retail & Service, General [21-06.01(k)(16)] for both lots Project Summary The applicant intends to have a hall for banquets and similar functions. Location Map Recommendation Staff Recommendation: Based on information available prior to the public hearing, the staff recommends the Plan Commission send the rezoning and special exception petitions to the Common Council with a favorable recommendation. Staff Report -PC#0338-26 10/19/2026 SOUTH BEND PLAN COMMISSION Proposed Site Plan The petitioner intends to use the existing building as an event space, with the lot across the alley being used when additional space is needed. Staff Report -PC#0338-26 10/19/2026 SOUTH BEND PLAN COMMISSION Land Uses and Zoning: On site: A two story shop style building with a garage in the rear zoned UF Urban Neighborhood Flex, and a vacant parcel across the alley zoned U1 Urban Neighborhood 1 North: A vacant lot and one unit dwelling zoned U1 Urban Neighborhood 1 East: A one unit dwelling zoned U1 Urban Neighborhood 1 South: An indoor sports facility zoned I Industrial West: Vacant lots zoned U1 Urban Neighborhood 1 District Intent: The UF District is established to enhance and support a full range of housing types and small- scale commercial uses found outside neighborhood centers in core and outlying areas of the City. Site Plan Description: The applicant intends to reuse the building and the lot next to it for event space. Zoning and Land Use History and Trends: The existing structures have existed since 1924 where they served initially as a traditional shop style building with an apartment above. This building served as a local grocery store. The lot east of the alley has been vacant since at least 1960. Traffic and Transportation Considerations: The property is served by West Washington Street, a 40' wide two-way street running east-west with one lane of traffic in each direction. There is a north-south alley in between the two parcels, and an east-west alley at the rear of each property. Agency Comments: No comments at this time. Engineering Comments: Access will need to come off the alley for both lots. If the petitioner plans to make any improvements to the property, they must submit plans for permits at that time. Staff Comments: No additional comments at this time. Per State Law, the Plan Commission and Common Council shall pay reasonable regard to: 1. Comprehensive Plan: Policy Plan: The rezoning is consistent the City's Comprehensive Plan, specifically policy ED 1.2: "Encourage the reuse of vacant and underutilized land and structures." Land Use Plan: Agency Comments Criteria for Decision Making Rezoning Site & Context Staff Report -PC#0338-26 10/19/2026 SOUTH BEND PLAN COMMISSION The future land use map in the 2022 Kennedy Park Neighborhood Plan calls for these lots to be UF and U2. While the plan does not explicitly call for UF on the vacant lot, UF is meant to be a neighborhood-serving district, and allowing it on the vacant lot is consistent with how the plan encourages scattering them throughout the neighborhood. Plan Implementation/Other Plans: The 2022 Kennedy Park Neighborhood Plan also recommends that existing structures get reused as much as possible. Seeing how this parcel is adjacent to what was a small-scale commercial use, it is fitting that it gets activated. 2. Current Conditions and Character: These properties are surrounded by medium-density, one- and two-story structures and vacant lots on all sides. The structures are all residential in character, except for the industrial building across the street. 3. Most Desirable Use: The most desirable use is a small-scale business or neighborhood-serving use on this property. 4. Conservation of Property Values: Rezoning the vacant property should not negatively affect the value of neighboring properties. This project is reactivating a commercial space with a small-scale commercial use. Activating vacant land adds more people to the neighborhood and creates value in underutilized space. 5. Responsible Development and Growth: Rezoning these properties to UF aligns with the principles of responsible development and growth, as it will reactivate an old commercial building and a vacant parcel. Special Exception The petitioner is seeking a Special Use to allow: Retail & Service, General [21-06.01(k)(16)] A Special Use may only be granted upon making a written determination, based upon the evidence presented at a public hearing, that: (1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience, or general welfare. This is adaptive reuse of an existing building to a use that benefits the community. (2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein; The proposed use will not injure or adversely affect the use of the adjacent area or property values therein. An event venue will serve the community while activating an underutilized building and a vacant lot. (3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein. UF allows for small-scale neighborhood commercial uses, and a neighborhood event space would fit well within that intent. (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. Staff Report -PC#0338-26 10/19/2026 SOUTH BEND PLAN COMMISSION The proposed use is compatible with the Kennedy Park Neighborhood Plan (2022), which calls for reactivation of older buildings. This use would allow this shop style building to serve as a commercial space again. Commitments: No commitments are proposed. Analysis: Although the Kennedy Park Plan calls for the vacant parcel to be rezoned to U2, scattered UF is appropriate within the neighborhood. This use would activate a vacant lot and building, bringing people to the neighborhood and improving activity along a key corridor. Additionally, this business will be small in scale and reflect the neighboring development pattern. Recommendation: Based on information available prior to the public hearing, the staff recommends the Plan Commission send the rezoning and special exception petitions to the Common Council with a favorable recommendation. Analysis & Recommendation SOUTH BEND PLAN COMMISSION Staff Report – PC#0351-26 October 19, 2026 Requested Action AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE TO REVISE THE NNZO NORTHEAST NEIGHBORHOOD ZONING OVERLAY Project Summary Text amendment #10 is being proposed to amend Chapter 21 of the South Bend Municipal Code, specifically Section 21-05.02, which pertains to the Northeast Neighborhood Zoning Overlay district. The changes will remove rules that are redundant or difficult to enforce, fix regulations to match their true intent, and promote higher-quality development in the neighborhood. Analysis: Since the adoption of the new zoning ordinance in 2020 -- which included a number of changes to the NNZO -- continued development in the Northeast Neighborhood has necessitated a review of the district's regulations to evaluate whether they are still driving desired outcomes for the neighborhood today. The product of that review is this ordinance, which contains changes that will remove redundant or difficult to enforce rules, fix regulations to match their true intent, and promote higher-quality development. Recommendation: Based on the information available prior to the public hearing, the staff recommends the text amendment be sent to the Common Council with a favorable recommendation. Analysis & Recommendation Zoning Ordinance Amendment #10 - NNZO #2 Last Updated 9/18/2026 Standard Ordinance Sections Item Proposed Change Rationale 21-05.02(b)Applicability of NNZO standards Require all development in the NNZO to meet the NNZO standards, not just new development Ensures consistent development across the Northeast Neighborhood 21-05.02(d)(1)(A) Trash container location Allow trash containers to be in front/corner yard if screened and/or not visible from the street Accommodates trash pick-up from the street 21-05.02(f)(4)(A)(i)Garage capacity Allow garages in S1, U1, and U2 to hold more than 2 vehicles if not facing a street or open space Provides greater flexibility in managing vehicle access while maintaining neighborhood aesthetics 21-05.02(f)(5)(A)(i), 21-05.02(f)(5)(B)(i) Allow flat roofs for carriage houses, detached houses, cottage courts, duplexes, and townhouses when consistent with the building's architectural style Provides greater flexibility in building design when appropriate 21-05.02(f)(5)(C), 21-05.02(f)(5)(D) Combine roof form standards for Apartment Houses and Stacked Flats with those for Shops and Mid-Rise/Towers Combines duplicative sections 21-05.02(f)(5)(C)(i)Clarify that flat roofs on Apartment Houses, Stacked Flats, Shops, and Mid- Rise/Towers can be permitted with a parapet Clarifies standard that already existed for Shops and Mid-Rise/Towers for Apartment Houses and Stacked Flats 21-05.02(f)(5)(C)(ii)Main entrance orientation Removes rule that main entrances for Apartment Houses and Stacked Flats have to be prominently located on the front façade Removes a duplicative rule; already covered by zoning district standards 21-05.02(f)(6)(B)(i)Only require stoops to cover 30% of the building facade for lower-density residential usesNortheast Neighborhood Zoning Overlay (NNZO)Corrects the existing rule, which was only intended for those uses 21-05.02(f)(6)(A)(i)Only require porches to cover 50% of the building facade for lower-density residential uses Roof form Building frontage standards 21-05.02(f)(2)(C)AC unit screening Removes rule that window-mounted, wall, and in-wall AC units are not allowed on facades facing a street, open space, or walkway in NNZO Removes a duplicative rule; already covered in accessory uses section Garage design Roofs of garages serving larger/denser buildings do not have to match the roof style of the primary building Corrects the existing rule, which was only intended for low-density residential buildings21-05.02(f)(4)(A)(iii) BILL NUMBER (blank) ORDINANCE NUMBER (blank) AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE TO REVISE THE NNZO NORTHEAST NEIGHBORHOOD ZONING OVERLAY 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 on January 1, 2020, which included changes to the Northeast Neighborhood Zoning Overlay district. However, continued development in the Northeast Neighborhood has necessitated a comprehensive review of the district’s regulations to evaluate whether they still drive desired outcomes for the neighborhood today. The changes contained within this ordinance will remove rules that are redundant or difficult to enforce, fix regulations to match their true intent, and promote higher-quality development. 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 5 Overlay Districts, Section 21-05.02 NNZO Northeast Neighborhood Zoning Overlay is hereby amended as follows: (b) Applicability Notwithstanding any provision elsewhere in the South Bend Zoning Ordinance to the contrary, all new development within the NNZO shall be subject to the regulations of this section. (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 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 shall be subject to the regulations contained in this overlay. (2) Renovations or Expansion of Existing Buildings. Renovations or expansion 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. (d) Uses (1) Accessory Uses (A) Trash Containers. Residential trash containers shall not be stored in an established front or corner yard unless they are screened or otherwise not visible from the street. (f) Building Standards (2) Building Materials (C) Window-mounted air conditioning units and wall or in-wall mounted air conditioning condensing equipment shall not be placed on facades facing a street, open space, or walkway. (D)(C) (E)(D) (F)(E) (G)(F) (4) Building Components (A) Garage i. In a S1, U1, or U2 district, the total capacity of a garage, garages, or carports, in combination, whether attached or detached, shall not exceed 2 vehicles when facing a street or open space. iii. When the primary building is a Detached House, Cottage Court, or Duplex, any garage Garages shall incorporate have a roof types that matching that the roof type of the primary building. Where appropriate to the design, dormers may be included. (5) Building Types (A) Carriage House, Detached House, Cottage Court, or Duplex i. Roof type shall be gabled or hipped. Flat roof forms may only be used on the primary house form when consistent with its architectural style, for building frontage types, and on the secondary additive form. (B) Townhouse i. Roof type shall be gabled or hipped. Flat roof forms may only be used on the primary house form when consistent with its architectural style, for building frontage types, and on the secondary additive form. (C) Apartment House, or Stacked Flats, Shop, or Mid-Rise/Tower i. Roof type shall be gabled, hipped, or flat with a parapet. ii. Main entrances shall be prominently located on the front façade. (D) Shop or Mid-Rise/Tower i. Roofs shall be hipped, gabled, or flat with a parapet. (6) Building Frontage Types (A) Porch i. On a Detached House, Cottage Court, Duplex, or Townhouse building, a A porch shall cover a minimum of 50 percent of the primary house form. (B) Stoop i. On a Detached House, Cottage Court, Duplex, or Townhouse building, a A stoop shall cover a minimum of 30 percent of the primary house form. SECTION II. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. ____________________________ Canneth Lee, Common Council President Attest: _____________________________ Bianca Tirado, City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the [blank] _________day of [blank] ___________, 2026, at [blank] _________ o’clock [blank] ____. m. __________________________ Bianca Tirado, City Clerk Approved and signed by me on the [blank] _________ day of [blank] ____________, 2026, at [blank] ________ o’clock [blank] ____. m. ____________________________ James Mueller Mayor, City of South Bend, Indiana SOUTH BEND PLAN COMMISSION Staff Report – PC#0352-26 October 19, 2026 Requested Action AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE TO MAKE MISCELLANEOUS CHANGES FOR CLARIFICATION AND CONSISTENCY, TO SIMPLIFY DEVELOPMENT PROCESSES, AND TO ACHIEVE HIGHER QUALITY DEVELOPMENT Project Summary Text amendment #11 is being proposed to amend Chapter 21 of the South Bend Municipal Code. There are a few standards in this chapter that Zoning staff has identified as needing further clarification, correction, or revision. The changes to these standards will support a more vibrant, resilient community while improving the ease of use of the zoning ordinance. Analysis: The City of South Bend has identified a few standards in its zoning ordinance that need further clarification, correction, or revision. Changes to these standards will support a more vibrant, resilient community while improving the ease of use of the zoning ordinance. Recommendation: Based on the information available prior to the public hearing, the staff recommends the text amendment be sent to the Common Council with a favorable recommendation. Analysis & Recommendation Zoning Ordinance Amendment #11 - Quick Fixes #6 Last Updated 9/23/2026 Standard Ordinance Sections Item Proposed Change Rationale Accessory Uses21-06.02(f)(18)Accessory parking lots Clarifies definition of accessory parking lots and that they must match the zoning district of the lot with the primary use Makes internal policy explicit in the code and ensures that accessory parking lots are in appropriate zoning districts 21-06.01(k)(11)(A)(vi)Gas station canopies Specifies that canopies can be a shade of white, light brown, or light gray Makes internal policy regarding neutral colors explicit in the code 21-06.01(k)(21)(A)(iii)Vehicle sales or rental Remove minimum size requirement when a vehicle sales or rental business will take place fully inside a building Rule's intent is to discourage vehicle sales or rental uses on lots with small, cramped, outdoor parking lots. If business is fully inside, that issue is moot 21-06.01(l)(4)Accessory parking lots Clarifies that off-site accessory parking lots are only for non-residential uses Prevents off-site development of parking lots in residential areas 21-06.01(m)(4)(D)(iii)Wireless communication towers Removes maximum height rule for wireless communication towers Aligns rules with state law, which prevents municipalities from restricting height of wireless communication towers 21-09.01(h)(1)(E) (new)Tree conservation Exempts undesirable and prohibited trees from needing to be conserved during development Allows for the removal of harmful vegetation 21-09.02(c)(3)Corner fences Allows the Zoning Administrator to apply side yard fence standards to corner yards Creates an administrative approval for a commonly-granted variancePrincipal UsesSite DevelopmentGeneral typographical and ordering updates to clarify and/or correct, but not change to existing rules: 21-06.01(g)(3)(A)(iii);21-06.01(m)(4)(D)(i); 21-14.02(a)(64) BILL NO. _____ ORDINANCE NO. ___________ AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE TO MAKE MISCELLANEOUS CHANGES FOR CLARIFICATION AND CONSISTENCY, TO SIMPLIFY DEVELOPMENT PROCESSES, AND TO ACHIEVE HIGHER QUALITY DEVELOPMENT STATEMENT OF PURPOSE AND INTENT The City of South Bend has identified a few standards in its zoning ordinance that need further clarification, correction, or revision. Changes to these standards will support a more vibrant, resilient community while improving the ease of use of the zoning ordinance. 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 Uses, Section 21-06.01 Principal Uses, subsection (g) Industrial, Manufacturing, & Processing is hereby amended as follows: (3) Industrial, Light (A) Standards: (iii) See Section 21-06.02(f)(25) for additional outdoor storage regulations. . SECTION II. Chapter 21, Zoning, of the South Bend Municipal Code, Article 6 Uses, Section 21-06.01 Principal Uses, subsection (k) Retail & Service is hereby amended as follows: (11) Gas/Fuel Station (A) Standards: (vi) A gas/fuel station canopy shall be consistent in design and materials with the primary building, shall be neutral colored, and shall have masonry support columns., and shall be a shade of white, light brown, or light gray. (21) Vehicle Sales or Rental (A) Standards: (iii) A vehicle sales or rental use shall have a minimum lot size of 120’ by 180’, unless the use will take place entirely within a fully enclosed building. SECTION III. Chapter 21, Zoning, of the South Bend Municipal Code, Article 6 Uses, Section 21-06.01 Principal Uses, subsection (l) Transportation is hereby amended as follows: (4) Parking Lot A non-accessory parking lot for the storage of motor vehicles made available to the general public, with or without a fee. Parking lots serving a permitted, non-residential use located on an adjacent lot or a lot no greater than 150 feet from the subject lot shall be considered as accessory parking lots. Includes parking structures, whether underground, at ground level, or above ground level, in which more than 50 percent of the gross floor area is used for parking vehicles. SECTION IV. Chapter 21, Zoning, of the South Bend Municipal Code, Article 6 Uses, Section 21-06.01 Principal Uses, subsection (m) Utilities is hereby amended as follows: (4) Wireless Communications (D) Wireless Communication Tower. Any structure that is designed and constructed for the purpose of supporting one or more antennas intended for transmitting or receiving television, AM/FM radio, digital, microwave, cellular, telephone, or similar forms of electronic communication, including without limit freestanding towers, guyed towers, lattice towers, monopole towers, self-supporting towers, and similar structures. The term includes the structure, equipment, and any supporting elements, such as guy wires. (i) i. a. ii. b. iii. c. (iii) The maximum height of a wireless communication tower, including antenna array, shall be less than 200 feet above grade. (iv)(iii) (v)(iv) (vi)(v) (vii)(vi) (viii)(vii) (ix)(viii) SECTION V. Chapter 21, Zoning, of the South Bend Municipal Code, Article 6 Uses, Section 21-06.02 Accessory Uses and Structures, subsection (f) Accessory Use Definitions and Standards is hereby amended as follows: (18) Parking or Loading Areas All parking or loading areas shall comply with the provisions of Section 21-07. Parking lots serving a permitted, non-residential use located on an adjacent lot or a lot no greater than 150 feet from the subject lot shall be considered as accessory parking lots. Accessory parking lots must be within the same zoning district as the lot containing the primary use. SECTION VI. Chapter 21, Zoning, of the South Bend Municipal Code, Article 9 Site Development, Section 21-09.01 Landscape, subsection (h) Tree Conservation is hereby amended as follows: (1) Removal. (E) The tree is on the undesirable and prohibited trees list maintained by the City Forester. SECTION VII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 9 Site Development, Section 21-09.02 Fences & Walls, subsection (c) Height is hereby amended as follows: (3) On a lot with a one or two unit dwelling, the Zoning Administrator may treat a corner yard as a side yard for the purpose of regulating fences. The Zoning Administrator shall have the authority to determine the extent and location of such fences. (3)(4) (4)(5) (5)(6) SECTION VIII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 14 Floodplain, Section 21-14.02 Definitions, subsection (a) Definitions is hereby amended as follows: (64) Special Flood Hazard Area (SFHA) means those lands within the jurisdiction of the City of South bBend, Indiana subject to inundation by the regulatory flood. The SFHAs of the City of South Bend are generally identified as such on the St. Joseph County, Indiana and Incorporated Areas Flood Insurance Rate Map dated January 6, 2011 as well as any future updates, amendments, or revisions, prepared by the Federal Emergency Management Agency with the most recent date. (These areas are shown on a FIRM as Zone A, AE, A1- A30, AH, AR, A99, or AO.) SECTION IX. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. ____________________________ Canneth Lee, Common Council President Attest: _____________________________ Bianca Tirado, City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the _________day of ___________, 2026, at _________ o’clock ____.m. __________________________ Bianca Tirado, City Clerk Approved and signed by me on the _________ day of ____________, 2026, at ________ o’clock ____.m. ____________________________ James Mueller Mayor, City of South Bend, Indiana