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City planners preview broad zoning ordinance update; duplexes, ADUs and special exceptions among key changes
Summary
City planning staff previewed a first package of zoning ordinance amendments (81 rule changes, 130 citation updates) that would allow duplexes by right in U1, remove owner-occupancy for ADUs, add rooftop-use criteria, forbid visible artificial turf, expand zoning-administrator authority, and move gas/tobacco/liquor uses to special-exception review; package is for study and will go to planning commission in December.
City planning staff presented a first-round package of comprehensive updates to the South Bend zoning ordinance, describing 81 proposed rule changes and 130 citation updates intended to ease development, reduce repeat variances and modernize standards. Staff emphasized this is an introductory package for study; nothing will be voted on tonight.
Michael Davita, assistant director of planning, said the city’s 2020 zoning ordinance "has worked very well" but should remain a "living document." He told the committee staff plans to submit the first package to the planning commission in December and return to the committee and full council in January, with further amendment packages expected through 2026.
Brian Killen, presenting details, said the package would allow two-unit dwellings (duplexes) by right in Urban Neighborhood 1 (U1) and modify duplex limits by district (for example, one duplex in S1/U1 and two duplexes in other districts). Killen said removing the owner-occupancy requirement for accessory dwelling units (ADUs) would encourage more ADU development because the current requirement "is hard to enforce" and can deter production.
The package also proposes targeted building-form and height adjustments in certain districts (S2, U3, UF), allowances for longer "stack flat" building types downtown, and several zoning-administrator authorities to reduce frequent variance requests (examples include reducing required parking-space width in tight locations, alternate trash-enclosure designs, and waiving top-floor transparency up to 50 percent for certain projects).
Staff outlined rooftop-use criteria intended to limit visual and nuisance impacts: rooftop use would require zoning-administrator approval, be limited to residents, cover no more than 25 percent of the roof, and should not be visible from the street. Killen also proposed removing the ADU owner-occupancy rule and exempting small accessory features (for example, "little free libraries") from accessory-structure counts.
On retail and service uses, staff recommended creating new special-exception reviews for gas stations, beer/wine/liquor and tobacco sales so the council can examine context, hours, and other conditions before a facility opens. Council members raised concerns about vaping and gas stations near neighborhoods; Council member White said she wants "more information" and cited community problems late at night. Davita responded that changing such uses from permitted to special exception would "allow us to study each one in a little bit more detail" and permit council-imposed conditions.
On enforcement and transparency, Davita explained transparency requirements refer to "windows and doors that you can, see through" and the ordinance sets a percentage of visible glazing by district; coverings or signage that reduce visible glazing below the required percentage are zoning violations enforceable by the zoning office. Staff asked the committee to study the summary table and ordinance text that will be provided and invited follow-up questions before the December planning commission review.
Next steps: staff will provide the draft ordinance language and a summary table for committee review, advance the first package to the planning commission in December, and return with code language to the committee and full council in January.
