38-25 Amending Articles 1 Through 7 and Article 11 of Chapter 6 of the South Bend Municipal Code to Update Regulations Governing the Building Department

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(a) All temporary occupancy of public property as hereinafter provided for shall be considered and treated as being at the will of the City, and will be permitted only in a manner consistent with the rules defined in Chapter 18, Article 7 of the South Bend Municipal Code. (b) Such a permit will be for temporary occupancy of the street or streets immediately in front of the contemplated building or structure for the building operations as herein described and for administration purposes. (c) The occupancy of a street for the purposes permitted in the permit shall never extend in front of any one(1) building to exceed one-third of the width of the roadway, unless a greater width is permitted by the Board of Public Works, and in no event is any material to be stored or placed closer than four(4) feet of any railway track. In all cases where such obstruction of the street is made there shall be a clear space of not less than one(1) foot between such obstruction and the curb line, which may be arched over at a height sufficient to permit drainage of water in the gutter. (d) A suitably surfaced walk, five(5) feet wide, for the use of pedestrians shall be maintained between the building line and the curb line, except as provided in section 6-12. (e) Earth taken from the excavation and rubbish taken from the building shall not be stored upon the sidewalk or roadway of the street. (Ord. No. 8243-92, § 1; Ord. No. 10403-15, § II, 11-23-15) (a) Whenever any building within five (5) feet of or abutting on the sidewalk line is constructed, altered or repaired to a height of more than one(1) story on the exterior, a substantial temporary protecting cover over the sidewalk or temporary walkway shall be erected and maintained during such construction or repair work. The protecting cover shall not be required on streets where the average daily pedestrian traffic on the building side of the street does not exceed one hundred(100) persons between the hours of 8:00 a.m. and 5:00 p.m. (b) The sidewalk cover may be one-half the width of the sidewalk but not less than five (5) feet wide. The roof of the same shall be of solid plank or plywood not less than two(2) inches nominal thickness with an outer edge splash rail not less than forty-eight(48) inches high and an enclosed back, all rigidly supported and of sufficient strength to resist the force of falling materials. The headroom under such protecting cover shall not be less than eight(8) feet above the sidewalk. All changes in elevation shall be provided with an easy graded approach at each end with proper handrails. The walkway and approaches shall be kept open and unobstructed by material, rubbish or snow at all times. It shall be kept properly lighted during the hours of darkness. (c) When it becomes necessary to reconstruct the permanent sidewalk or build a vault under the sidewalk, a suitably surfaced walkway not less than five (5) feet wide shall be built in the street on a level with and connected to the adjoining sidewalks and so constructed as not to obstruct the flow of water in the gutter. (d) The temporary walkways shall not be maintained outside of the curbline more than forty- eight(48) hours after the retaining walls around such vaults have been built to grade and the sidewalk work and all other construction work is completed. Page 27 of 42