§ 6-7. Development design areas.

(a)

The following areas are designated as development design areas, and all real property and appurtenances therein shall be subject to the provisions of this article:

(1)

South Bend Central Development Design Area: Beginning at the point of intersection of the south right-of-way line of Sample Street with the west right-of-way line of Michigan Street; thence north along said west right-of-way line of Michigan Street to its intersection with the northerly line of the Conrail Railroad (formerly Penn Central) right-of-way; thence northwesterly along said northerly railroad right-of-way line to its intersection with the southerly projection of the west right-of-way line of Taylor Street; thence north along said west right-of-way line to its intersection with the westerly projection of the north right-of-way line of Monroe Street; thence east along said projection and the north right-of-way line of said Monroe Street to its intersection with the southerly projection of the centerline of the first fourteen-foot alley lying west of Lafayette Boulevard; thence north along said projection and the centerline of said fourteen-foot alley to the south right-of-way line of Washington Street; thence west along said south right-of-way line to the east right-of-way line of William Street; thence north along said east right-of-way line to the north right-of-way line of Colfax Avenue; thence east along said north right-of-way line to the centerline of the first fourteen-foot alley lying west of Lafayette Boulevard; thence north along said centerline, in certain places being sometimes known as St. James Court, to the north right-of-way line of LaSalle Street; thence east along said north right-of-way line to the west right-of-way line of Michigan Street; thence north along said west right-of-way line to the westerly projection of the north line of Lot 111 in the Original Plat to the Town, now City of South Bend; thence east along said projection, the north line of said Lot 111 and its easterly projection to the center line of the St. Joseph River; thence meandering northeasterly and northwesterly along said centerline to the westerly projection of the south right-of-way line of Corby Street; thence east along said projection and the south right-of-way line of said Corby Street to the centerline of the first fourteen-foot alley lying west of Hill Street; thence south along said centerline to the north right-of-way line of Crescent Avenue; thence southeasterly to the point of intersection of the south right-of-way line of said Crescent Avenue with the centerline of the first fourteen-foot alley lying west of said Hill Street; thence southeasterly, southwesterly and south along the centerline of said alley to the centerline of the first fourteen-foot alley lying north of Cedar Street; thence east along said centerline to the centerline of the first fourteen-foot alley lying east of Hill Street; thence south along said centerline to the south right-of-way line of Jefferson Boulevard; thence west along said south right-of-way line to the centerline of the St. Joseph River; thence southeasterly along said centerline to the easterly projection of the southerly right-of-way line of Monroe Street; thence southwesterly along said projection and the southerly right-of-way line of Monroe Street to the easterly right-of-way line of Lincolnway East (U.S. Highway #33); thence southeasterly along said easterly right-of-way line to the south right-of-way line of Sample Street; thence west along said right-of-way line to the place of beginning.

(2)

Studebaker Corridor Design Area: A parcel of land being a part of the City of South Bend, Portage Township, St. Joseph County, Indiana, and being more particularly described as follows: Beginning at the intersection of the centerline of Prairie Avenue and the northerly right-of-way line of the New York Central Railroad; thence southeasterly along said line to the southeast corner of Lot #20 in the recorded plat of "Martin & Tutt's Addition to the City of South Bend," as recorded in the records of said county; thence southeasterly to the southwest corner of Lot #12 in said plat; thence east along the line between Lots 12 & 13 in said plat to the centerline of a north-south alley lying between Main and Michigan Streets; thence south along said centerline to the centerline of the first alley north of Tutt Street; thence east along said line 35.00 feet to the centerline of the first alley west of Michigan Street; thence south to the centerline of Sample Street; thence west along said centerline to the alley lying between Michigan and Main Streets; thence south along said line to the centerline of Indiana Street; thence west along said line to the centerline of Franklin Street; thence north along said line to the centerline of the South Bend and St. Joseph Railroad; thence west along said line to the centerline of Kendall Street; thence north along said line to the centerline of Cotter Street; thence west along said line to the centerline of Prairie Ave.; thence northeasterly along said line to the centerline of Chapin Street as shown on the recorded plat of "Inter Belt Industrial Park" as recorded in Book 21 of plats on Page 1 in the records of said county; thence north along said line to the centerline of Prairie Ave. as shown on said plat; thence east along said line 363.11 feet to a point of curvature; thence around a 286.48 foot radius curve to the left an arc distance of 302.26 feet to a point of tangent; thence northeasterly along said centerline to the point of beginning.

(3)

Airport Economic Development Design Area: A part of Sections 17, 18, 19, 20, 21, 22, 27, 28, 29, 30, 31, 32 and 33 in Township 38 North, Range 2 East, and Sections 3 and 4, Township 37 North, Range 2 East, in German and Portage Townships, St. Joseph County, Indiana, more particularly described as follows:

Beginning at the intersection of the northeasterly right-of-way line of Lincolnway West and the easterly right-of-way line of Bendix Drive; thence south, southeasterly and easterly along said easterly right-of-way line of Bendix Drive to the intersection of the northerly right-of-way line of Bendix Drive and easterly right-of-way line of Goodland Avenue; thence north 0°00'00" east (bearing assumed of the next twenty courses) along said easterly right-of-way line of Goodland Avenue, a distance of 362.95 feet; thence south 89°46'27" east, a distance of 239.50 feet; thence south 0°29'11" east, a distance of 176.78 feet; thence south 89°07'43" east, a distance of 227.04 feet to the westerly right-of-way line of Eclipse Street; thence along a non-tangent curve to the left having a radius of 957.29 feet and a central angle of 3°26'41" and limited in length by a chord which bears south 17°02'58" east, a distance of 57.54 feet; thence continuing along said west right-of-way line of Eclipse Street, a distance of 127.60 feet to the northerly right-of-way line of Bendix Drive; thence east along said northerly right-of-way line to the easterly right-of-way line of Meade Street; thence south along said easterly right-of-way line of said Meade Street to the northeasterly right-of-way line of Consolidated Railroad formerly Penn Central Railroad; thence northwesterly along said northeasterly right-of-way line to the intersection of the south line of the southwest quarter of Section 3; thence north 64°42'17" west along said northeasterly right-of-way line, a distance of 394.85 feet; thence north 24°58'43" east, a distance of 50.30 feet; thence north 01°01'45" west, a distance of 40.72 feet; thence north 0°09'03" east, a distance of 113.11 feet; thence south 89°56'21" west, a distance of 16.00 feet; thence north 0°09'03" east, a distance of 8.05 feet; thence north 89°57'00" west, a distance of 3.59 feet; thence north 0°08'44" east, a distance of 371.13 feet; thence north 87°38'33" west, a distance of 1.85 feet; thence north 3°54'24" west, a distance of 21.58 feet to the southerly right-of-way line of Bendix Drive; thence westerly, northwesterly and northerly along the right-of-way lines of said Bendix Drive to the intersection of the westerly right-of-way line of Bendix Drive and the northeast right-of-way line of Lincolnway West; thence northwesterly along said northeast right-of-way line of Lincolnway West to the east right-of-way line of Butternut Road; thence northwesterly across Butternut Road on a line parallel with and 140 feet northerly of the survey Line S-USR20-M (referenced to plans for U.S. 31 Bypass) to the west right-of-way line of Butternut Road; thence northwesterly along the northeast limited access right-of-way line of USR 20 to a point 150 feet to the right of Station 65+00, Line S-USR20-M; thence southwesterly a distance of 300 feet along a line measured at right angles to said Line S-USR20-M to a point 150 feet to the left of Station 65+00 on Line S-USR20-M; thence southerly and southwesterly along the limited access right-of-way line of the southeast ramp of the U.S. 31 Bypass to a point being 170 feet to the right of Station 35+00 on Line M at the centerline of the U.S. 31 Bypass; thence westerly a distance of 320 feet to a point 150 feet to the left of Station 35+00 on said Line M; thence northerly and northwesterly along the limited access right-of-way line of the southwest ramp of said U.S. 31 Bypass to a point at Station 34+00 Line S-USR20-M in the limited access right-of-way line of the southwest ramp of said U.S. 31 Bypass, which point is 130 feet southwesterly measured at right angles from said Line S-USR20-M; thence northeasterly a distance of 250 feet measured at right angles to said Line S-USR20-M to a point at Station 34+00 on Line S-USR20-M, and being 120 feet measured at right angles, northeasterly from said Line; thence easterly and northerly along the limited access right-of-way line of said northwest ramp of the U.S. 31 Bypass to a point, 79.36 feet south of the north ¼ post of said Section 31; thence north along the north-south quarter line of said Section 31, 79.36 feet to the north ¼ post of said Section 31; thence north along the north-south quarter line of Section 30 to the north ¼ corner of Section 30; thence continuing north along the north-south centerline of Section 19, to the intersection with the south boundary line of Olive Road Commerce Park Subdivision; thence westerly along said south line to the intersection of the east line of Wells Electronic Minor Subdivision; thence south along said east line, extended 40 feet to the south right-of-way line of Cleveland Road; thence west along said south right-of-way line to the west right-of-way line, extended of Olive Road; thence north 89°53'13" west along the south line of Cleveland Road and its easterly extension, 1075.83 feet, more or less, to the west line of Section 19; thence north along the west line of Section 19 to a point on the west line of Lot 1 in the plat of Gibbs' Olive Road Minor Subdivision as the same is recorded as instrument number 0028450 in the office of the Recorder of St. Joseph County, Indiana, said point being 114.58 feet south 00°11'35" west (Rec. south 00°11'18" west) from the northwest corner of said Lot 1; thence north 89°19'02" west, 2674.83 feet, more or less, to the north-south centerline of said Section 24; thence north 00°08'51" east, along said north-south centerline, a distance of 1603.00 feet, more or less, to the point of intersection with the northerly right-of-way line of the Indiana East-West Toll Road; thence north 89°20'23" east, along said northerly right-of-way line, a distance of 3795.28 feet, more or less to the point of intersection of said northerly right-of-way line with the east right-of-way line of Olive Road; thence north along the east right-of-way line of Olive Road and the east right-of-way line Olive Road extended to its intersection with the northerly right-of-way line of Brick Road; thence easterly and northerly along the northerly right-of-way line of Brick Road and the westerly right-of-way line of the U.S. 31 Bypass to a point 430 feet east of the half section line of Section 18; thence north parallel with the west section line of Section 18 to the east-west centerline of said Section 18; thence continuing easterly along the east-west centerline of said Section 18, to the intersection with the east line of said Section 18, said intersection also being the northwest corner of the southwest ¼ of Section 17; thence south 89°31'43" east (this and the next 10 courses and bearings are based on the east line of the southwest quarter of said Section 17, said line having an assumed bearing of north 00°00'00" east) along the north line of said southwest ¼, a distance of 1303.80 feet to the northeast corner of the west ½ of said southwest ¼; thence south 00°03'49" west along the east line of the west ½ of said southwest ¼ a distance of 2465.70 feet to a point which is north 00°03'49" east a distance of 200.00 feet from the southeast corner of the west ½ of said southwest ¼; thence north 89°39'06" west, parallel with the south line of said southwest ¼ a distance of 400.00 feet; thence south 00°03'49" west, parallel with the east line of the west ½ of said southwest ¼, a distance of 200.00 feet to the south line of said southwest ¼; thence north 89°39'06" west, along said south line a distance of 375.75 feet; thence north 00°22'38" east, a distance of 205.00 feet; thence north 89°39'06" west, parallel with said south line a distance of 138.00 feet; thence south 00°22'38" west, a distance of 205.00 feet to said south line; thence north 89°39'06" west along said south line a distance of 60.00 feet; thence north 00°22'38" east, a distance of 200.00 feet; thence north 89°39'06" west, parallel with said south line, a distance of 330.00 feet to the west line of said southwest ¼; thence southerly along said west line to the southwest corner of said Section 17, also being the northwest corner of Section 20; thence southerly along the west line of Section 20, to the south right-of-way line of Brick Road; thence due east along the south right-of-way line of Brick Road a distance of 346.64 feet; thence due south a distance of 150.35 feet to a point on the northerly right-of-way line of the new Cleveland Road, said point being 170.85 feet south of and 346.64 feet east of the northwest corner of said Section 20; thence southeasterly along said northerly right-of-way line of the new Cleveland Road to the point of intersection with the east line of the west ½ of the west ½ of the northwest ¼ of said Section 20; thence due north along said east line to the intersection with the south right-of-way line of Brick Road; thence due east along said south right-of-way line of Brick Road to a point being due west and 200 feet from the east line of the northwest ¼ of the northwest ¼ of said Section 20; thence due south 220 feet; thence due east 200.00 feet to the east line of the northwest ¼ of the northwest ¼ of said Section 20; thence due north a distance of 220 feet to the south right-of-way line of Brick Road; thence east along the south right-of-way line of Brick Road to a point of intersection with the west right-of-way line of Mayflower Road; thence due north 20 feet, more or less, to the centerline of Brick Road; thence east 30 feet, more or less, along said centerline of Brick Road to a point of intersection with the centerline of Mayflower Road; thence east along said centerline of Brick Road to a point that is 420 feet west of the point of intersection between said centerline and the east line of the west half of the northeast quarter of Section 20; thence south 750 feet parallel with the west line of the High Meadows Estates Subdivision; thence east 420 feet to the west line of said subdivision, said west line being the east line of the west half of the northeast quarter of Section 20; thence south along the west line of said subdivision to the southwest corner of Lot 35 of the High Meadows Estates Subdivision; thence east along the south line of the High Meadows Estates Subdivision and the Hartman & DeMaegt Subdivision to the southeast corner of Lot 8 of the Hartman & DeMaegt Subdivision; thence east along the south line of the Hartman & DeMaegt Subdivision, extended east, to a point that is 138.48 feet west of the east line of the west half of the northwest quarter of Section 21; thence north 465 feet, more or less; thence east 138.48 feet; thence north 530 feet to the centerline of Brick Road; thence east 661.02 feet along said centerline; thence south 1280 feet, more or less; thence east 661.02 feet to the west line of Toll Road Industrial Park Subdivision, also being the north-south centerline of Section 21; thence north along said west line of Toll Road Industrial Park a distance of 685.077 feet to the northwest corner of Outlot 7C of said Toll Road Industrial Park, Section 7; thence north 88°53'36" east, 1327.59 feet to the northeast corner of Lot 11 of the Toll Road Industrial Park, Section 6; thence south 00°56'57" east, 366.66 feet to the north line of Lot 14, Section 6, of the Toll Road Industrial Park; thence easterly a distance of 1322.97 feet along the north line of Lot 14 and Lot 15 of said Section 6 to the east line of said Lot 15, also being the east line of Section 21; thence along the said east line south 00°45'45" east a distance of 1590.77 feet to the east quarter post of said Section; thence south 01°00'44" east along the east line of said Section, 585.04 feet; thence north 89°44'31" east a distance of 1219.94 feet to the centerline of Portage Road; thence south 21°44'25" east along said centerline a distance of 292.53 feet; thence north 01°02'54" west along the east line of the west half of the southwest quarter of said Section 22, to the east-west centerline of said Section 22; thence east along the east-west centerline of said Section 22 to the center of said Section 22; thence south along the north-south centerline of said Section 22 to a point 214.50 feet north of the south ¼ corner of said Section 22; thence west, parallel with the south line of said Section 22, a distance of 99.00 feet; thence south, parallel with said north-south centerline of Section 22, a distance of 214.50 feet to the south line of said Section 22; thence east along said south line of Section 22, a distance of 99.00 feet to the south ¼ corner of said Section 22 (also being the north ¼ corner of Section 27); thence south along the north-south centerline of said Section 27 to the south right-of-way line of the east-west Indiana Toll Road; thence west and northwest along the southerly right-of-way line of said east-west Indiana Toll Road to the intersection with the east right-of-way line of Maple Road; thence southwest and southerly along the east line of said Maple Road and Bendix Drive to the Point of Beginning

Also, including: A parcel of land being in the southwest quarter of Section 19, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana Being more particularly described as follows:

Commencing at the southwest corner of Section 19, Township 38 North, Range 2 East; thence northerly 2,855.36 feet to a point, said point being the intersection of the westerly line of said section and the centerline of the Indiana East-West Toll Road; thence easterly along the centerline of said Toll Road 1,019.36 feet to a point, said point being the intersection of Olive Road and said Toll Road; thence southerly along the centerline of Olive Road 1,416.28 feet; thence easterly 20 feet to the easterly right-of-way line of Olive Road and place of beginning; thence easterly 180 feet to a point; thence southerly 120 feet to a point; thence westerly 180 feet to a point; thence northerly 120 feet to the point and place of beginning.

(b)

Except as hereinafter provided, no person, firm, or corporation, shall erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish any building, structure or other real property or appurtenances located within a development design area unless such work has been approved in advance by the Development Design Review Committee pursuant to this article.

(Ord. No. 8243-92, § 1; Ord. No. 9237-01, § I)