8600-95 Amending Chapter 2 Article 6 of Addressing Tax Abatement Procedures

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BILL NO. ORDINANCE NO._8 Q AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE 6 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING TAX ABATEMENT PROCEDURES. STATEMENT OF PURPOSE AND INTENT On December 19, 1994,the Common Council passed Ordinance No. 8564-94 which dedicated fees from personal and real property tax abatements to the Department of Community and Economic Development to help off set in-house staff time for reviewing and processing such of petitions.It also retained the City Clerk's fee for legal advertisement. Since the passage of that Ordinance, the Community and Economic Development Committee has met on several occasions to discuss appropriate changes to other sections of the local tax abatement procedures. This Ordinance makes two amendments addressing "Residentially Distressed Areas". It is believed that added incentives to attract development to those areas within our City which are either vacant or have had a net loss of dwelling units as documented by demolition permits, would foster growth and development. It is believed that these new incentives would be in the best interest of our community. J otv, t jtrtfort, bt it orbaittt4 b' t jc Common (ountiU of tbt City of 0.outfj 7SktYr, Mtttiatta, as follows: Section I. Chapter 2,Article 6, Section 2-76.1 (a) (20) of the South Bend Municipal Code is amended to read as follows: (20)"Residentially Distressed Areas (RDA)" shall mean the areas located within the City of South Bend as designated on the maps labeled exhibits A-13 and A-14. attached hereto and included herein, which are incorporated by reference with copies of the same being maintained in the office of the City Clerk and available for public inspection during regular business hours. Such areas must also provide written information that: fl At least 35% of the parcels are currently vacant,or (II) That there is a net loss in the number of dwelling units, as documented by the most recent census information,or that there has been a net loss of local building permits and demolition permits for the area. Section II. Chapter 2, Article 6, Section 2-77.1 (b) of the South Bend Municipal Code is amended to read as follows: (b) New Construction: Proposed new construction. single-family. homeowner-occupied dwellings, which are to be located in a residentially distressed area. as defined in Section 2-76.1 (a) (20). and which meet the following minimum requirements.may be considered for a maximum of a five(5)year Real Property Tax Abatement: I. The lots and/or parcels on which the dwellings are to be constructed must have minimum frontage of sixty(60) feet. and must have a minimum lot area of 6.000 square feet, II. The front, side. and rear setback requirements shall be those of the"A"Height and Area District Regulations of the South Bend Municipal Code . III. The lots and/or parcels on which the dwellings are to be constructed must be appropriately zoned for single-family constructions IV. The dwelling must be occupied by the title holder of the property for the duration of the tax abatement. Model homes, constructed by a developer. are an exception to this requirement.However,the five-year tax abatement status begins at the time that the tax abatement is approved and instituted regardless of whether the dwelling is a model home or has been sold.