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06-23-2025 Agenda Packet
OFFICE OF THE CITY CLERK BIANCA L. TIRADO, CITY CLERK INTEGRITY | SERVICE | ACCESSIBILITY Jasmine Jackson Matthew Neal Margaret Gotsch CHIEF DEPUTY CITY CLERK / CHIEF OF STAFF DEPUTY CITY CLERK / DIRECTOR OF POLICY DIRECTOR OF SPECIAL PROJECTS EXCELLENCE | ACCOUNTABILITY | INNOVATION | INCLUSION | EMPOWERMENT 455 County-City Building | 227 W. Jefferson Blvd. | South Bend, Indiana 46601 | p. 574.235.9221 | f. 574.235.9173 | www.southbendin.gov MEMORANDUM TO: MEMBERS OF THE COMMON COUNCIL FROM: BIANCA L. TIRADO, CITY CLERK DATE: WEDNESDAY, JUNE 18, 2025 SUBJECT: COMMITTEE MEETING NOTICE The following Common Council Committee Meetings have been scheduled for Monday, June 23, 2025: Council Chambers 4th Floor County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 The Council Chambers will be Open to the Public. Members of the Public may Attend this Meeting Virtually via Microsoft Teams Meeting app here: https://tinyurl.com/062325CC 4:00 P.M. PERSONNEL & FINANCE CHAIRPERSON, NIEZGODSKI 1.Bill No. 33-25 - Amended 2025 Non-Bargaining Salary Ordinance 2.Bill No. 34-25 - Q2 2025 Additional Appropriation Ordinance 3.Bill No. 35-25 - Q2 2025 Budget Transfer Ordinance 4:25 P.M. PUBLIC WORKS & PROPERTY VACATION CHAIRPERSON, NIEZGODSKI 1.Bill No. 64-24 - Alley Vacation - 512 South Walnut Street 2.Bill No. 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 4:45 P.M. ZONING & ANNEXATION CHAIRPERSON, DR. DAVIS 1.Bill No. 31-25 - Amending the Zoning Ordinance for Property Located at 314 West Chippewa Avenue 2.Bill No. 32-25 - Amending the Zoning Ordinance for Property Located at 1037 West Colfax Avenue 3.Bill No. 37-25 - Amending the Zoning Ordinance for Property Located at 2018 South Main Street and 2020 South Main Street EXCELLENCE | ACCOUNTABILITY | INNOVATION | INCLUSION | EMPOWERMENT 455 County-City Building | 227 W. Jefferson Blvd. | South Bend, Indiana 46601 | p. 574.235.9221 | f. 574.235.9173 | www.southbendin.gov 5:00 P.M. COMMUNITY INVESTMENT CHAIRPERSON, WARNER 1. Bill No. 36-25 - An Ordinance of the Common Council of the City of South Bend, Indiana, Amending the Loan Agreement and Approving and Authorizing Actions in Respect Thereto (Monreaux Project) 2. Bill No. 25-34 - Designating Resolution - Real Property Tax Abatement for KCG Companies, LLC 3. Bill No. 25-35 - Designating Resolution - Real Property Tax Abatement for South Bend Chippewa, LLC and South Bend Chippewa ACG, LLC Council President Canneth Lee has called an Informal Meeting of the Council which will commence immediately after the adjournment of the Community Investment Committee Meeting. INFORMAL MEETING OF THE COMMON COUNCIL PRESIDENT, C. LEE 1. Discussion of Council Agenda 2. Update and Announcements 3. Adjournment cc: Mayor James Mueller Committee Meeting List Media NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS Auxiliary Aid or Other Services may be Available upon Request at No Charge. Please give Reasonable Advance Request when Possible 1 SOUTH BEND COMMON COUNCIL M EETING A GENDA Monday, June 23, 2025 7:00 P.M. The South Bend Common Council meeting will be open to the public at the Council Chambers on the 4th floor of the County-City Building, 227 W. Jefferson Blvd., South Bend, IN 46601 or available by way of a virtual meeting using the Microsoft Teams Meeting App. Public access to the meeting can be granted by this Microsoft Teams Link: https://tinyurl.com/SBCC062325 1. INVOCATION 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB-COMMITTEE ON MINUTES MAY 28, 2025 JUNE 9, 2025 5. SPECIAL BUSINESS SPECIAL RESOLUTION RECOGNIZING JUNE AS IMMIGRANT HERITAGE MONTH AND JUNE 20, 2025, AS WORLD REFUGEE DAY 6. REPORTS FROM CITY OFFICES 7. COMMITTEE OF THE WHOLE TIME:_____ BILL NO. 64-24 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST-WEST ALLEY SOUTH OF HURON STREET BETWEEN SOUTH WALNUT STREET AND TERMINATING AT THE PARCEL IDENTIFIED AS 018-3082-319602 2 31-25 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 314 WEST CHIPPEWA AVENUE COUNCILMANIC DISTRICT NO. 5 IN THE CITY OF SOUTH BEND, INDIANA 32-25 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 1037 WEST COLFAX AVENUE COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA 33-25 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 11160-24, WHICH FIXES MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-BARGAINING EMPLOYEES OF EXECUTIVE DEPARTMENTS OF THE CITY OF SOUTH BEND FOR CALENDAR YEAR 2025, TO MAKE POSITION CHANGES IN THE HUMAN RIGHTS COMMISSION 34-25 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS FOR THE YEAR 2025 OF $2,512,780 FROM THE GENERAL FUND (#101), $520,000 FROM THE PARKS AND RECREATION FUND (#201), $65,000, FROM THE MOTOR VEHICLE HIGHWAY FUND (#202), $37,500 FROM THE GIFT, DONATION, BEQUEST FUND (#217), $2,945,000 FROM THE LOCAL INCOME TAX – ECONOMIC DEVELOPMENT FUND (#408), $650,000 FROM THE WATER WORKS OPERATIONS FUND (#620), $2,407,550 FROM THE WATER WORKS CAPITAL FUND (#622), $5,000,000 FROM THE SEWAGE WORKS CAPITAL FUND (#642) 35-25 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2025 36-25 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING THE LOAN AGREEMENT AND APPROVING AND AUTHORIZING ACTIONS IN RESPECT THERETO 37-25 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 2018 SOUTH MAIN STREET, 3 2020 SOUTH MAIN STREET COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA 38-25 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ARTICLES 1 THROUGH 7 AND ARTICLE 11 OF CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE TO UPDATE REGULATIONS GOVERNING THE BUILDING DEPARTMENT 8. BILLS ON THIRD READING TIME:______ BILL NO. 64-24 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST-WEST ALLEY SOUTH OF HURON STREET BETWEEN SOUTH WALNUT STREET AND TERMINATING AT THE PARCEL IDENTIFIED AS 018-3082-319602 31-25 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 314 WEST CHIPPEWA AVENUE COUNCILMANIC DISTRICT NO. 5 IN THE CITY OF SOUTH BEND, INDIANA 32-25 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 1037 WEST COLFAX AVENUE COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA 33-25 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ORDINANCE NO. 11160-24, WHICH FIXES MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-BARGAINING EMPLOYEES OF EXECUTIVE DEPARTMENTS OF THE CITY OF SOUTH BEND FOR CALENDAR YEAR 2025, TO MAKE POSITION CHANGES IN THE HUMAN RIGHTS COMMISSION 34-25 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS FOR THE YEAR 2025 OF $2,512,780 FROM THE GENERAL FUND (#101), $520,000 FROM THE PARKS AND RECREATION FUND (#201), $65,000, FROM THE MOTOR VEHICLE HIGHWAY FUND (#202), $37,500 FROM THE GIFT, DONATION, BEQUEST FUND (#217), $2,945,000 FROM THE LOCAL INCOME TAX – ECONOMIC DEVELOPMENT FUND (#408), $650,000 FROM THE WATER WORKS OPERATIONS FUND (#620), 4 $2,407,550 FROM THE WATER WORKS CAPITAL FUND (#622), $5,000,000 FROM THE SEWAGE WORKS CAPITAL FUND (#642) 35-25 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND, INDIANA FOR THE YEAR 2025 36-25 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING THE LOAN AGREEMENT AND APPROVING AND AUTHORIZING ACTIONS IN RESPECT THERETO 37-25 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 2018 SOUTH MAIN STREET, 2020 SOUTH MAIN STREET COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA 38-25 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING ARTICLES 1 THROUGH 7 AND ARTICLE 11 OF CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE TO UPDATE REGULATIONS GOVERNING THE BUILDING DEPARTMENT 9. RESOLUTIONS BILL NO. 25-34 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2020 SOUTH MAIN STREET SOUTH BEND IN 46613 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN-YEAR (10) REAL PROPERTY TAX ABATEMENT FOR KCG DONALD & MAIN, LP (C/O KCG COMPANIES, LLC) 25-35 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 701 WEST CHIPPEWA AVENUE, SOUTH BEND, IN 46614 AND AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF AN EIGHT-YEAR (8) REAL PROPERTY TAX ABATEMENT FOR SOUTH BEND CHIPPEWA, LLC AND SOUTH BEND CHIPPEWA ACG, LLC 5 10. BILLS ON FIRST READING BILL NO. 39-25 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1039 LINCOLN WAY WEST & 50 SHERMAN, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA 40-25 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1527 SOUTH MICHIGAN STREET COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA 41-25 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1024 THOMAS STREET, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. PRIVILEGE OF THE FLOOR 14. ADJOURNMENT TIME: _________ Notice for Hearing and Sight Impaired Persons Auxiliary Aid Or Other Services Are Available Upon Request At No Charge. Please Give Reasonable Advance Request When Possible. In the interest of providing greater public access and to promote greater transparency, the South Bend Common Council agenda has been translated into Spanish. All agendas are available online from the Council’s website, and also in paper format in the Office of the City Clerk, 4th Floor County-City Building. Reasonable efforts have been taken to provide an accurate translation of the text of the agenda, however, the officiate is the English version. Any discrepancies which may be created in the translation are not binding. Such translations do not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the Common Council or the City of South Bend, Indiana. 2025 COMMON COUNCIL STANDING COMMITTEES (Rev. 04-28-2025) COMMUNITY INVESTMENT COMMITTEE Oversees the various activities of the Department of Community Investment. This Committee reviews all real and personal tax abatement requests and works closely with the Business Development Team. Troy Warner, Chairperson Sherry Bolden-Simpson, Member Karen L. White, Vice-Chairperson Thomas Gryp, Citizen Member Ophelia Gooden-Rodgers, Member Kaine Kanczuzewski, Citizen Member COMMUNITY RELATIONS COMMITTEE Oversees the various activities of the Engagement and Economic Empowerment, Neighborhood Development, and Community Resources Teams within the City’s Department of CI and is charged with facilitating partnerships and ongoing communications with other public and private entities operating within the City. Ophelia Gooden-Rodgers, Chairperson Sheila Niezgodski, Member Karen L. White, Vice-Chairperson Sherry Bolden-Simpson, Member Alice Marie Pickens, Citizen Member Citizen Member COUNCIL RULES COMMITTEE Oversees the regulations governing the overall operation of the Common Council, as well as all matters of public trust. Its duties are set forth in detail in Section 2-10.1 of the South Bend Municipal Code. Canneth Lee, Member Troy Warner, Member Rachel Tomas Morgan, Member HEALTH AND PUBLIC SAFETY COMMITTEE Oversees the various activities performed by the Fire and Police Departments, EMS, Department of Code Enforcement, ordinance violations, and related health and public safety matters. Rachel Tomas Morgan, Chairperson Sharon McBride, Member Troy Warner, Vice-Chairperson Dr. Oliver Davis, Member Sheila Niezgodski, Member Savino Rivera Jr., Citizen Member Citizen Member INFORMATION AND TECHNOLOGY COMMITTEE- Innovation Oversees the various activities of the City’s Department of Innovation, which includes the Divisions of Information Technology and 311 so that the City of South Bend remains competitive and on the cutting edge of developments in this area. Reviewing and proposing upgrades to computer systems and web sites, developing availability and access to GIS data and related technologies are just some of its many activities. Rachel Tomas Morgan, Chairperson Sharon McBride, Member Sherry Bolden-Simpson, Vice-Chairperson Dr. Oliver Davis, Member Citizen Member Citizen Member PARC COMMITTEE- Venues, Parks, and Arts (Parks, Recreation, Cultural Arts & Entertainment) Oversees the various activities of the Century Center, College Football Hall of Fame, Four Winds Stadium, Morris Performing Arts Center, Studebaker National Museum, South Bend Regional Museum of Art, Potawatomi Zoo, My SB Trails, DTSB relations, and the many recreational and leisure activities offered by the Department of Venues Parks and Arts. Sharon L. McBride, Chairperson Ophelia Gooden-Rogers, Member Karen L. White, Vice- Chairperson Troy Warner, Member Citizen Member Citizen Member PERSONNEL AND FINANCE COMMITTEE Oversees the activities performed by the Department of Administration and Finance, and reviews all proposed salaries, budgets, appropriations, and other fiscal matters, as well as personnel policies, health benefits and related matters. Sheila Niezgodski, Chairperson Dr. Oliver Davis, Member Karen L. White, Vice-Chairperson Rachel Tomas Morgan, Member Citizen Member Citizen Member PUBLIC WORKS AND PROPERTY VACATION COMMITTEE Oversees the various activities performed by the Building Department, the Department of Public Works and related public works and property vacation issues. Sheila Niezgodski, Chairperson Dr. Oliver Davis, Member Ophelia Gooden-Rodgers, Vice-Chairperson Troy Warner, Member Carl Littrell, Citizen Member Citizen Member RESIDENTIAL NEIGHBORHOODS COMMITTEE Oversees the various activities and issues related to neighborhood development and enhancement. Karen L. White, Chairperson Ophelia Gooden-Rodgers, Member Sheila Niezgodski, Vice-Chairperson Sharon McBride, Member Gabriel Murei, Citizen Member Citizen Member UTILITIES COMMITTEE Oversees the activities of all enterprise entities including but not limited to the Bureau of Waterworks, Bureau of Sewers, and all related matters. Sherry Bolden-Simpson, Chairperson Sheila Niezgodski, Member Dr. Oliver Davis, Vice-Chairperson Ophelia Gooden-Rodgers, Member Firdia Johnson, Citizen Member Joseph Mayer, Citizen Member ZONING AND ANNEXATION COMMITTEE Oversees the activities related to the Board of Zoning Appeals, recommendations from the Area Plan Commission and the Historic Preservation Commission, as well as all related matters addressing annexation and zoning. Dr. Oliver Davis, Chairperson Troy Warner, Member Rachel Tomas Morgan, Vice-Chairperson Karen L. White, Member Henry Davis Jr., Citizen Member Stacey Odom, Citizen Member ________________ SUB-COMMITTEE ON MINUTES Reviews the minutes prepared by the Office of the City Clerk of the regular, special, and informal meetings of the Common Council and makes a recommendation on their approval/modification to the Council. Troy Warner, Member Sherry Bolden-Simpson, Member 2025 COMMON COUNCIL STANDING COMMITTEES (Rev.03-10-2025) CANNETH LEE, 1ST District Council Member President Council Rules Committee, Member OPHELIA GOODEN-RODGERS, 2nd District Council Member Community Relations Committee, Chairperson Public Works & Property Vacation Committee, Vice-Chairperson Community Investment Committee, Member PARC Committee, Member Residential Neighborhoods Committee, Member Utilities Committee, Member SHARON L. MCBRIDE, 3rd District Council Member PARC Committee, Chairperson Residential Neighborhoods Committee, Member Health & Public Safety Committee, Member Information & Technology Committee, Member TROY WARNER, 4TH District Council Member Chairperson, Committee of the Whole Community Investment Committee, Chairperson Health and Public Safety, Vice-Chairperson Council Rules Committee, Member Public Works & Property Vacation, Member PARC Committee, Member Sub-Committee on the Minutes, Member Zoning & Annexation Committee, Member SHERRY BOLDEN-SIMPSON, 5TH District Council Member Utilities Committee, Chairperson Community Relations Committee, Member Information & Technology, Vice-Chairperson Community Investment Committee, Member Sub-Committee on Minutes, Member SHEILA NIEZGODSKI, 6TH District Council Member Personnel & Finance Committee, Chairperson Public Works & Property Vacation, Chairperson Health & Public Safety Committee, Member Residential Neighborhoods Committee, Vice-Chairperson Community Relations Committee, Member Utilities Committee, Member DR. OLIVER DAVIS, AT LARGE Council Member Zoning & Annexation Committee, Chairperson Public Works & Property Vacation Committee, Member Utilities Committee, Vice-Chairperson Information & Technology Committee, Member Personnel & Finance Committee, Member Health & Public Safety Committee, Member RACHEL TOMAS MORGAN, AT LARGE Council Member Vice-President Health & Public Safety Committee, Chairperson Personnel & Finance Committee, Member Information & Technology Committee, Chairperson Zoning & Annexation Committee, Vice-Chairperson Council Rules Committee, Member KAREN L. WHITE, AT LARGE Council Member Residential Neighborhoods Committee, Chairperson Personnel & Finance Committee, Vice-Chairperson Community Investment Committee, Vice-Chairperson Zoning & Annexation Committee, Member Community Relations Committee, Vice-Chairperson PARC Committee, Vice-Chairperson Filed in Clerk's Office O C T 2 5 2024 Bianca Tirado Friday, October 25, 2024 City Clerk, South Bend, IN Office of The City Clerk County City Building 227 W. Jefferson BLVD 4th Floor South Bend, IN 46601 I, Edwardo J. Rodriguez, submitting my reasons for wanting to petition to vacate alley at my home located at 512 S. Walnut Street, South Bend, IN 46619 : 1 . Pulaski Park is right behind my home and during the spring and summer seasons individuals park their vehicles on my property. 2. Individuals drive through the alley onto my property and dump their trash, such as , mattress, tires, furniture, etc. 3. And, individuals have utilize the alley to hide their vehicles while they steal and break into homes. Thank you for your time. Sincerely Edwardo J. Roriguez 64-24 Filed in Clerk's Office O C T 2 5 2024 BILL NO. 64-24 Bianca Tirado ORDINANCE NO.City Clerk, South Bend, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST EAST-WEST ALLEY SOUTH OF HURON STREET BETWEEN SOUTH WALNUT STREET AND TERMINATING AT THE PARCEL IDENTIFIED AS 018-3082-319602 STATEMENT OF PURPOSE AND INTENT Petitioner requests the vacation as he owns properties on both sides of the alley to be vacated. Pursuant to Indiana Code Section 36-7-3-12, the Common Council is charged with the authority to hear all petitions to vacate public ways or public places within the City.The following Ordinances vacates the above described public property. NOW,THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council of the City of South Bend having held a Public Hearing on the petition to vacate the following property: The first East-West alley south of Huron Street between South Walnut Street and terminating at the Parcel identified as 018-3082-319602 Hereby determines that it is desirable to vacate said property. SECTION II. The City of South Bend hereby reserves the rights and easements of all utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right-of-way, unless such rights are released by the individual utilities. SECTION III. The following properties may be injuriously or beneficially affected by such vacating: 512 S Walnut St—018-3082-3288 514 S Walnut St—018-3082-3290 531 Harris St—018-3082-319602 SECTION IV. The purpose of the vacation of the real property is to consolidate ownership of the alley parcel and the neighboring parcels, as Petitioner owns properties on both sides of the alley to be vacated. 1 SECTION V. The vacation is subject to the elimination of the alley approach by hiring a private contractor bonded with the City to tear out the approach, replace with curb, and establish a tree lawn in accordance with City standards and specifications. SECTION VI. This Ordinance shall be in full force and effect after adoption by the Common Council, approval by the Mayor, and any publication required by law, with an effective date of 2024 Sharon L. McBride, Council President South Bend Common Council Attest: Bianca L. Tirado, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2024, at o'clock . m. Bianca L. Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of 2024, at o'clock m. James Mueller, Mayor City of South Bend, Indiana 2 e.) 1 1316 COUNTY-CITY BUILDING ti PHONE 574/235-9251 227 W.JEFFERSON BOULEVARD yl' FAX 574/235-9171 SOUTH BEND,INDIANA 46601-1830 eEACF. 1865 y„/ CITY OF SOUTH BEND JAMES MUELLER,MAYOR BOARD OF PUBLIC WORKS Filed in Clerk's Office September 24,2024 OCT 2 5 2024 Mr. 512 S. S. Walnut a In ut St. Bianca TiradoRodriguez City Clerk, South Bend, IN512 South Bend,IN 46619 eprieto 1949(a0utlook.com RE: Alley/Street Vacation — East/West Alley between 512 S. Walnut Street and 514 S. Walnut Street Preliminary Review) Dear Mr.Rodriguez: At its September 24,2024 meeting, the Board of Public Works reviewed comments by the Engineering Division, Community Investment, Fire Department, Police Department. The following comments and recommendations were submitted: Per IC 36-7-3-13, the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous.The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. Therefore,the Board of Public Works submitted a favorable recommendation for the vacation of this alley subiect to the removal of alley approach alone Walnut St..If you still wish to pursue this alley vacation,please bring this BPW Recommendation Packet to the City Clerk's Office, located on the 4th floor of the County-City Building. Alley/Street vacations require a presentation to the Common Council, approval of an ordinance, and certification of the ordinance from the Mayor. The property then must be recorded with the Recorder's Office to ensure that your 100%ownership of the property is appropriately transferred to your name.If you have any questions about how the alley vacation will affect your property taxes,please contact the Auditor's Office. In its Ordinance, the City of South Bend Common Council included the Board of Public Works' requirement that you eliminate the alley approach by hiring a private contractor bonded with the City to tear out the approach, replace with curb, and establish a tree lawn in accordance with City standards and specifications.These updates should be made within ninety(90)days of final approval from the Common Council. Please notify us when this work is complete.If you have any further questions,please call this office at(574)235- 9251. Sincerely, s/Theresa Heffner Theresa Heffner,Clerk Enclosures TH/hh ELIZABETH A.MARADIK JOSEPH R.MOLNAR GARY A.GILOT MURRAY L.MILLER BRIANA N.MICOU yoaTHe . Filed in Clerk's Office t,alnj d W u a OCT 2 5 2024 A` a, Bianca Tirado aes' City Crlek, South Bend, IN INTEROFFICE MEMORANDUM BOARD OF PUBLIC WORKS DATE: July 23, 2024 TO: Kyle Ludlow, Public Works Kara Boyles. Engineering Zach Hurst, Engineering Chris Dressel, Community Investment Derek Erquhart, Fire Department Brad Rohrscheib, Police Department FROM: Theresa Heffner, Clerk (theffner@southbendin.gov) SUBJECT: REQUEST FOR RECOMMENDATIONS—ALLEY VACATION APPLICANT: Edwardo Rodriguez LOCATION: 512 S. Walnut St. PLEASE INSERT YOUR RECOMMENDATIONS IN THE APPROPRIATE FIELD BELOW, BASED ON THE FOLLOWING I.C. 36-7-3-13 CRITERIA: 1. The vacation would/would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. 2. The vacation would/would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. 3. The vacation would/would not hinder the public's access to a church, school or other public building or place. 4. The vacation would/would not hinder the use of a public right-of-way by the neighborhood in which it is located or to which it is contiguous. PUBLIC WORKS/ENGINEERING: Favorable Recommendation pending the applicants removal of alley approach along Walnut. COMMUNITY INVESTMENT: Favorable Recommendation FIRE: Favorable Recommendation POLICE: Favorable recommendation Filed in Clerk's Office I STREET/ALLEY VACATION APPLICATION City of South Bend - Board of Public Works OCT 2 5 2024 227 W. Jefferson Boulevard, Ste. 1316 Bianca Tirado South Bend, IN 46601 City Clerk, South Bend, IN Date: 7 - Phone#: Name: I c J R1C.1I. Email: fE.EiD 0 i/' h Property J J I Address: 1J }2 S vA1 N IN-, *5 &14-11 IJitd tiG9G'l9 Applicant property information: k Residential Commercial Industrial Describe the general alley location with boundaries(Ex:Church PI,between E.Colfax Ave&E.LaSalle Ave): E ( kLtyou-1-h cb 5iZ S ._ a\ LJC ( -( s )1 IortI. l . Is your property adjacent to the alley of interest? YPs iLs1.9 Do you own all adjacent properties to the alley of interest? Yes No Does the existing alley provide garage access to other property owners? Yes No Does the alley receive daily traffic excluding your own use? Yes No Would the vacation hinder public access to any of the following:a church, Yes o school,or any other public building or place? Reason for street/alley vacation and proposed use: 0 O,/0 /j/f's' 0 ") iSd 5/de vF /4-/Ao z he Vaca A map MUST be provided highlighting the area you would like to vacate with this application. OFFICE USE ONLY: Board Recommendation: v'Yes No CITY OF SOUTH BEND,INDIANA BOARD OF PUBLIC WORKS yp Elizabeth A.Maradik,President Joseph R.Molnar,Vice President ate Gary A.Gilot,Member Briana Micou.Member Murray L.Miller,Member Attest: Theresa M.Heffner,Clerk Date: September 24,2024 Edwardo Rodriguez 512 S. Walnut St. South Bend, IN 46619 574-514-1548 Alley to be vacated is the East/West alley 10' in width, north of RR right-of- way and south of Huron St., running approx. 136' from E right-of-way of Walnut Street on north boundary and running approx. 110' from the E right- of-way of Walnut Street on south boundary. ir TY 28 8- 3256, 4 4/- 325q 75 ' 13c0 i 3G Huron L 5 T li 3G,Z 36 o f 9-3282 1 o 4 42 - 3263 7,3 3 4 228s -3287 ice/20- 3284 - 05 lo.3s 0‘ 512 S. Walnut Left o Q22 -3289 0 79 23-329/ oBT , 27f 1 73 14r 1 Get. n- V t__- 3 242 61 18 3 C 7 .:r o ti01 _ r5/--- it41% z), c> ,.., A4FAi, 4:-.14 At o cs; C} V 1 , f m , 4., 46,E 3293 0 3& o 3/94 a 'q o' tip Cr. Q 9 . R 5 i4/ vac I m Q 3 146.1 I ` I QN b i 44 Q 5.7:— , it ' .8 -3082 z 49 - 2 46 y y veneer r,,,, ^' , wx p y,a m' e r M Sir n t' iy Y . t Y a, rSr r'r!, + LR f F t.,'' Y a+i' 0.,'4 A r ice / ff°'.4 y_ s et f '. a rn a; r 0rV R Q ti wrI.1 ii40'..f.,f / 4:*. .. ;., ';' 11-' , ' 441111.,.. 4'', ''.-\ iliff \\tif Ir. .. t. r A ti, * !f eaa ol to M r I 4 Y 1.3254 CHAZONEM si 1-3256 e I 018-3081-3259 i 11-3258 tea 1 018-3059.2I76,. a ..,. .: m . ... it 1 32-3282 h , 018.3082-3283 14. 32-3184OR 018-3082-3285 ii8232862M ::f4 Ad 81-3289 1 q 018-30R:=319602 82-3191 111b oe' ..'•' - '' 8-308' 2--32920"018-3078-3093 038-3078 ill r 8 3078 3090 01 081:3:r602 INj 1 3 :.: 018:078 30.87 IP4 a_ Me 016-308I-3293 kpp" 0841-0010 J 018 308:t781iI8Ii !!Iy -.] 62-3296 1%, 082-3298 018-3082 3299•-r, 01-3. 07 4. 106 0181 076`3108 CMCITORiag C87 Name Mailing Address Proper Address Julio Lara 518 S. Warren St. 502 S.Walnut St. South Bend, IN 46619 South Bend, IN 46619 Allen Stenberg 505 S. Walnut St. 505 S.Walnut St. South Bend, IN 46619 South Bend, IN 46619 Emma Bautista Williams 508 Walnut St. 508 S. Walnut St. South Bend, IN 46619 South Bend, IN 46619 Hilda Garcia Escobedo 1313 Grace St. 514 S. Walnut St. South Bend, IN 46619 South Bend, IN 46619 Victory Lighthouse Church 415 S. Harris St. 1325 Grace St. South Bend, IN 46619 South Bend, IN 46619 1329 Grace St. South Bend, IN 46619 Virgilio Escobedo 3915 August Lane 1321 Grace St. Elkhart, IN 46517 South Bend, IN 46619 Manuel &Sylvia Herbert 524 S. Harris St. 513 S. Walnut St. South Bend, IN 46619 South Bend, IN 46619 TDJ Phase I LLC 2014 Cornflower Ct. 503 S. Walnut St. Mishawaka, IN 46544 South Bend, IN 46619 Gregory&Gail Celmer 64757 Sycamore Rd 531 Harris St. North Liberty, IN 46554 South Bend, IN 46619 Antonio Gerardo 1608 Marblehead Dr. Parcel#018-3082-329201 Mishawaka, IN 46544 Parcel#018-3082-3291 Juan &Teresa Beserra 501 H. Harris St.Parcel#018-3082-3286 South Bend, IN 46619 Civil City of South Bend 227 W.Jefferson Blvd. Ste 1200 521%2 S. Walnut St. South Bend, IN 46601 South Bend, IN 46619 City of South Bend 301 S.St. Louis Blvd. 400 S.Walnut St. South Bend, IN 46617 South Bend, IN 46619 Edwardo Rodriguez 56349 Butternut Rd. 512 S.Walnut St. South Bend, IN 46619 514 S. Walnut St. South Bend, IN 46619 May 21, 2025 City of South Bend ,PLAN COMMISSION Honorable Committee Chair Davis 4th Floor, County-City Building South Bend, IN 46601 RE: 314 W Chippewa -PC#0271-25 Dear Committee Chair Davis: County-City Building 227 W. Jefferson Blvd. 1400S South Bend, IN 46601 (574)235-7627 www.southbendin.gov/zoning Filed in Clerk's Office AY 2 1 20 r 5 Bianca Tirado City Clerk , South Bend, IN Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your May 28, 2025, Council meeting, and set it for public hearing at your June 23, 2025, Council meeting. The petition is tentatively scheduled for public hearing at the June 16, 2025, South Bend Plan Commission meeting. The recommendation of the South Bend Plan Commission will be forwarded to the Office of the City Clerk by noon on the day following the public hearing. The petitioner provided the following to describe the proposed project: Change zoning of the parcel from Commercial (C) District to Suburban Neighborhood 2 (S2) District If you have any questions, please feel free to contact our office. Sincerely, <Jr� Tim Staub Zoning Specialist CC: Bob Palmer Tim Corcoran Planning Director Tim Corcoran lntenin Zoning Administrator Scott Ford Commission President 31-25 tto PLAN cot, County-City Building City of South Bend 227 W.Jefferson Blvd. 14005 o South Bend,IN 46601 PLAN COMMISSION 574) 235-7627 www.southbendin.gov/zoning F'Sr4BLKHE02O19 Filed in Clerk's Office Wednesday,June 18,2025 South Bend Common Council Bianca Tirado 227 W.Jefferson Blvd.,4'h Floor City Clerk, South Bend, IN South Bend, IN 46601 Re: Bill#31-25 - A proposed ordinance of SYCAMORE LAND COMPANY LLC to zone from C Commercial to S2 Suburban Neighborhood 2, property located at 250 CHIPPEWA AVE, City of South Bend-PC#0256-25 Dear Chair Dr. Oliver Davis&Council Members: The petitioner(SYCAMORE LAND COMPANY LLC)for Bill431-25 has requested the petition be tabled until the July 14th, 2025 Committee and Council meetings. Sincerely, lOrAb Timothy Staub Zoning Specialist Attachment CC: SYCAMORE LAND COMPANY LLC Bob Palmer Tim Corcoran Tim Corcoran Jason Piontek Planning Director Interim Zoning Administrator Commission President Filed in Clerk's Office BILL NO.31-25 2 1 ORDINANCE NO. Bianca Tirado City Clerk, South Bend, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 314 W CHIPPEWA AVE COUNCILMANIC DISTRICT NO. 5 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to rezone the property from Commercial (C) District to Suburban Neighborhood 2 (S2) District. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Ordinance No. 10689-19, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: KERASOTES THEATRES MINOR SUBDIVISION LOT 1 be and the same is hereby established as Suburban Neighborhood 2 (S2) District SECTION II. This ordinance is and shall be subject to commitments as provided by Chapter 21-12.07(0(7) Commitments, if applicable. SECTION III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the mayor, and legal publication, and full execution of any conditions or Commitments placed upon the approval. Canneth J. Lee, Council President South Bend Common Council Attest: Bianca L. Tirado, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2025, at _ o'clock .m. Bianca L. Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of 2025, at o'clock m. James Mueller, Mayor City of South Bend, Indiana 2 - Docusign Envelope ID:23603A52-7DF3-41 D8-B3D1-7795F582A8B7 227 W. Jefferson Suite 1400 S city of south fiend South Bend, IN 46601 PLAN COMMISSION zoning@southbendin.gov Petition for Rezoning or Combined Public Hearing Property Information Tax Key Number71-08-26-200-004.000-002 Address: W Chippewa Ave, South Bend, IN 46614 Owner: Sycamore Land Company, LLC Legal Description: Lot Numbered One (1)as shown on the recorded plat of Kerasotes Theatres minor subdivision recorded June 24, 1997 as document 9724832, in the office of the Recorder of St. Joseph County, Indiana. Project Summary The proposed project is a 180-unit multifamily project across 5, 36-unit buildings and a clubhouse. The 5 residential buildings will be 3-story walk ups. The site will feature above ground retention. Requested Action Application includes (check all that apply) O Rezoning Current District: C Commercial Additional Districts, if applicablE Proposed District S2 Suburban Neighborhood 2 Additional Districts, if applicablE The Plan Commission and Council will consider the following in the review of a rezoning petition: 1) The comprehensive Plan: 2) Current conditions and the character of the current structures and uses in each district; 3) The most desirable use for which the land in each district is adapted; 4) The conservation of property values throughout the jurisdiction:and Filed in Clerk's Office 5) Responsible development and growth. Subdivision — complete and attach subdivision application HAY 2 1 2975 Special Exception — complete and attach Criteria for Decision Making Bianca Tirado Use requested: City Clerk, South Bend, IN Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Height Requirement Required Documents HCompleted Application (including Contact Information) Site Plan drawn to scale RFiling Fee Additional documents as noted above Docusign Envelope ID:23603A52-7DF3-41D8-B3D1-7795F582A8B7 Contact information Property owner(s) of the petition site: Name: Sycamore Land Company, LLC Address: 7901 4th St N, Ste 5032 Saint Petersburg, FL 33702 Name: Address: Name: Address: Contact Person: Name: Cole R. Caress Address: 8902 N Meridian St Indianapolis, IN 46260 Phone Number: (317) 590-3616 E-mail: ccaress@birgeandheld.com By signing this petition, the Petitioner/Property Owners of the above described Real Estate acknowledge they are responsible for understanding and complying with the South Bend Zoning Ordinance and any other ordinance governing the property. Failure of staff to notify the petitioner of a requirement does not imply approval or waiver from anything contained within the ordinance. The undersigned authorizes the contact person listed above to represent this petition before the South Bend Plan Commission and Common Council and to answer any and all questions related to this petition. Property Owner (s) Signatures: Signed by: jart.j. Gel l av 4E SCAB556506414 W. rfl*WA Ave a J dam rl _ y 11 ti 11 ti t Iiii .,` i L.)Lei If) . Iii Ara D I' 4.)i a t l I Li I- '..;i_11,1 ;I ! a ? ' 11 ! ! ' rNJ !1 a 1. 4.)11 a 1 ,)' r ti i.,) rl"'pi " CONCEPTUAL SITE PLAN 5.13.2025 F O L E Y Q D E S I G N BIRGE & HELD- SOUTH BEND, IN BIRGE &HELD www fdeydesign'mm SOUTH BEND,INDIANA 8902 N.MERIDIAN STREET,SUITE 205 INDIANAPOUS,IN 46260 Docusign Envelope ID:A55C8639-8243-4A2E-936B-FC285083BB45 LIty or outn i ena BOARD OF ZONING APPEALS Petition for Variance - Special Exception Property Information Tax Key Number: 71-08-26-200-004.000-002 Address: W Chippewa Ave, South Bend, IN 46614 Owner: Sycamore Land Company, LLC Zoning: S2 Suburban Neighborhood 2 Project Summary: The proposed project is a 180-unit multifamily project across 5, 36-unit buildings and a clubhouse. The 5 residential buildings will be 3-story walk ups. The site will also feature above ground retention. Requested Action Special Exception — complete and attach Criteria for Decision Making Use requested: Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Developer is requesting a variance to the height requirement of 40'-0" per S2 zoning regulations. For a 3-story building of this type the typical height of the roof bearing is approximately 31'-0". Based on the Zoning definition (vertical distance from the average finished grade adjacent to the front of the building to the highest point of the building) at a 6:12 roof pitch the highest peak would be 46'-0". Developer is requesting a variance to increase the requirement by 6'-0". Required Documents Completed Application (including Criteria for Decision Making and Contact Information) 0 Site Plan drawn to scale Filing Fee Docusign Envelope ID.A55C8639-13243-4A2E-936B-FC285083BB45 Criteria for Decision Making Special Exception - if applicable A Special Exception may only be granted upon making a written determination, based upon the evidence presented at a public hearing. Please address how the project meets the following criteria. 1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare, because: 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: 3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein, because: 4) The proposed use is compatible with the recommendations of the Comprehensive Plan, because: Docusign Envelope ID:A55C8639-B243-4A2E-936B-FC285083BB45 Criteria for Decision Making Variance(s) - if applicable State statutes and the Zoning Ordinance require that certain standards must be met before a variance can be approved. Please address how the project meets the following criteria: 1)The approval will not be injurious to the public health, safety, morals and general welfare of the community, because: The zoning requirements allow for a 3-story building, so the variance request will not be outside the intent for the use of the property, it will give the building the necessary height to allow for a standard roof pitch of 6:12. 2)The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner, because: The variance is asking for a minimal amount of height increase to allow for a steeper roof slope which will produce a more attractive building massing. 3)The strict application of the terms of this Chapter would result in practical difficulties in the use of the property, because: The strict application would result in a shallower roof pitch or flat roof which would add more waterproofing concerns and a less attractive building form. 4)The variance granted is the minimum necessary, because: In effort to provide a unit count that aligns with the demand of the area and the economic goal of the developer, the orientation requirement requested by the ordinance causes hardship for this subject property. 5)The variance does not correct a hardship caused by a former or current owner of the property, because: The variance will not correct a hardship because the land is vacant. Docusign Envelope ID:A55C8639-B243-4A2E-936B-FC285083BB45 Contact Information Property owner(s) of the petition site: Name: Sycamore Land Company, LLC Address: 7901 4th St N, Ste 5032 Saint Petersburg, FL 33702 Name: Address: Name: Address: Contact Person: Name: Cole R. Caress Address: 8902 N Meridian St Indianapolis, IN 46260 Phone Number: (317) 590-3616 E-mail: ccaress@birgeandheld.com By signing this petition, the Petitioner/Property Owners of the above described Real Estate acknowledge they are responsible for understanding and complying with the South Bend Zoning Ordinance and any other ordinance governing the property. Failure of staff to notify the petitioner of a requirement does not imply approval or waiver from anything contained within the ordinance. The undersigned authorizes the contact person listed above to represent this petition before the South Bend Plan Commission and Common Council and to answer any and all questions related to this petition. Property Owner (s) Signatures: S,gned by May 21, 2025 City of South Bend PLAN COMMISSION Honorable Committee Chair Davis 4th Floor, County-City Building South Bend, IN 46601 RE: 1037 Colfax Ave -PC#0272-25 Dear Committee Chair Davis: County-City Building 227 W. Jefferson Blvd. 1400S South Bend, IN 46601 (57 4) 235-7627 www.southbendin.gov/zoning Filed in Clerk's Office MAY 2 1 2025 Bianca Tirado City Clerk, South Bend, IN Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your May 28, 2025, Council meeting, and set it for public hearing at your June 23, 2025, Council meeting. The petition is tentatively scheduled for public hearing at the June 16, 2025, South Bend Plan Commission meeting. The recommendation of the South Bend Plan Commission will be forwarded to the Office of the City Clerk by noon on the day following the public hearing. The petitioner provided the following to describe the proposed project: Change the parcels zoning from Urban Neighborhood 1 (U1) to Urban Neighborhood Flex (UF) If you have any questions, please feel free to contact our office. Sincerely, Tim Staub Zoning Specialist CC: Bob Palmer Tim Corcoran Planning Director Tim Corcoran lntenin Zoning Administrator Scott Ford Commission President 32-25 p PLAN c0 County-City Building o o City of South Bend 227 W.Jefferson Blvd. 1400S J r South Bend,IN 46601 PLAN COMMISSION 574) 235-7627 www.southbendin.gov/zoning 4--448LISMED ie Filed in Clerk's Office Wednesday,June 18,2025 JUN 1 $ 2025 South Bend Common Council Bianca Tirado 227 W.Jefferson Blvd.,4`h Floor City Clerk, South Bend, IN South Bend, IN 46601 Re: Bill#32-25 - A proposed ordinance of MIATT PROPERTIES LLC to zone from U 1 Urban Neighborhood 1 to OF Urban Neighborhood Flex,property located at 1037 COLFAX AVE,City of South Bend-PC#0257-25 Dear Chair Dr. Oliver Davis&Council Members: The petitioner(MIATT PROPERTIES LLC) for Bill#32-25 has requested the petition be tabled until the July 14`h,2025 Committee and Council meetings. Sincerely, OirAtti Timothy Staub Zoning Specialist Attachment CC: MIATT PROPERTIES LLC Bob Palmer Tim Corcoran Tim Corcoran Francisco Fotia Planning Director Interim Zoning Administrator Acting Commission President Filed in Clerk's Office BILL NO. 32-25 MAY 2 1 2025 ORDINANCE NO. Bianca Tirado City Clerk, South Bend, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 1037 W COLFAX AVENUE COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Petitioners desire to rezone the property from Urban Neighborhood 1 (U 1) District to Urban Neighborhood Flex (UF) District NOW,THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Ordinance No. 10689-19, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby amended in order that the zoning classification of the following described real estate in the City of South Bend, St. Joseph County, State of Indiana: EX RR LOT 50 ROCKAFELLERS 2ND ADD be and the same is hereby established as Urban Neighborhood Flex (UF) District SECTION II. This ordinance is and shall be subject to commitments as provided by Chapter 21-12.07(f)(7) Commitments, if applicable. SECTION III. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the mayor, and legal publication, and full execution of any conditions or Commitments placed upon the approval. Canneth J. Lee, Council President South Bend Common Council Attest: Bianca L. Tirado, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2025, at o'clock .m. Bianca L. Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of 2025, at o'clock m. James Mueller, Mayor City of South Bend, Indiana 2 - Filed in Clerk's Office City of South Bend MAY 2 1 2025 227 W. Jefferson - Suite 1400S South Bend, IN 46601 PLAN COMMISSION Bianca Tirado zor in na southben 9din. ov City Clerk, South Bend,IN 9 Petition for Rezoning or Combined Public Hearing Property Information Tax Key Number: 71-08-11-133-007.000-026 Address:1037 W Colfax Avenue, South Bend, IN 46616 Owner: Miatt Properties LLC Legal Description: Beginning at a point on the East line of said Lot Numbered 50, 138 feet North of the Southeast corner of said Lot; thence South 138 feet to the said Southeast corner of said Lot;thence West to the Southwest corner of said Lot; thence North on said West line of said Lot, 99 feet;thence Northeasterly to the point of beginning. Project Summary ECEIV E To re-purpose long-term vacant house to a small-scale office space MAY 1 9 2025 BY Requested Action Application includes (check all that apply) Rezoning Current District: U1 Urban Neighborhood I I"I Additional Districts, if applicablE Proposed District:UF Urban Flex Additional Districts, if applicablE The Plan Commission and Council will consider the following in the review of a rezoning petition: 1) The comprehensive Plan; 2) Current conditions and the character of the current structures and uses in each district; 3) The most desirable use for which the land in each district is adapted; 4) The conservation of property values throughout the jurisdiction;and 5) Responsible development and growth. Subdivision —complete and attach subdivision application Special Exception — complete and attach Criteria for Decision Making Use requested: Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Required Documents Completed Application (including Contact Information) Site Plan drawn to scale Filing Fee Additional documents as noted above Contact information Property owner(s) of the petition site: Name: Miatt Properties LLC Address: 1822 E Fox Street South Bend, IN 46613 Name: Address: Name: Address: Contact Person: Name: Myra Reid Address: 1822 E Fox Street South Bend, IN 46613 Phone Number: 574.229.9446 miattproperties@gmail.com E-mail: By signing this petition, the Petitioner/Property Owners of the above described Real Estate acknowledge they are responsible for understanding and complying with the South Bend Zoning Ordinance and any other ordinance governing the property. Failure of staff to notify the petitioner of a requirement does not imply approval or waiver from anything contained within the ordinance. The undersigned authorizes the contact person listed above to represent this petition before the South Bend Plan Commission and Common Council and to answer any and all questions related to this petition. Property Owner (s) Signatures: M y ra Reid Digitally signedby Myra Reid Date:2025.05.19 10:28:02 04'00' Site Plan - 1037 W Colfax Ave 1. U1 4 r r d r U1 U1 OS U1OS st:, OS W OS OS U1 U1 Q 1 1 OS 3 I 1 Uri W COLFAX AVE 5/19/2025, 1:56:27 AM 1:1,128 0 0.01 0.01 0.02 mi I I Parcel 2023_Aerials City of South Bend Zoning Public Street Labels I ti ' . ` d t ,- r l • 1 II Red: Band_1 Urban Neighborhood 1 City Limits 0 0.01 0.02 0.04 km 1111 Green:Band_2 `=:- Open Space Esn Community Maps Contrl'011lon m.University of Notre Dae,St Joseph CountyGIS. © 0penStreelldep. mama. Esn. TomTorn. Garmin. III Blue: Band_3 City of South Bend-Department of Community investment This map is to be used for reference only and does not constitute an official survey of property lines.This map should be used for planning purposes only.Please contact the Department of Community Investment for more informaliion(574)245-6022 1200N COUNTY-CITY BUILDING 227 W. JEFFERSON BLVD. SOUTH BEND, INDIA A 46601-1830 PHONE 574.235.9216 FAX 574.235.9928 CITY OF SOUTH BEND, IN JAMES MUELLER, MAYOR DEPARTMENT OF ADMINISTRATION AND FINANCE June 3, 2025 Canneth Lee, President President, South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 RE: Amended 2025 Non-Bargaining Salary Ordinance Dear President Lee: Filed in Clerk's Office JW O 3 20�5 Bianca Tirado City Clerk, South Bend, IN Attached is an ordinance amending the maximum compensation for non-bargaining employees for the calendar year 2025. This ordinance adds a full-time position in the Human Rights Commision division. Proposed full-time position to the Human Rights Commission. •Adding a full-time position in the Human Rights Commission division, an Investigator III, with a salary cap of $71,315. I will present this bill to the Common Council at the appropriate committee and council meetings. It is requested that this bill be filed for 1st reading on June 9th, 2025, with 2nd reading, public hearing and 3rd reading scheduled for June 23rd, 2025. If you have any further questions or need additional information, please let me know. Thank you for your consideration. Sincerely, Kyle Willis City Controller 33-25 Filed in Clerk's Office BILL NO. Bianca Tirado City Clerk, South Bend, IN ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING ORDINANCE NO. 11160-24, WHICH FIXES MAXIMUM SALARIES AND WAGES OF APPOINTED OFFICERS AND NON-BARGAINING EMPLOYEES OF EXECUTIVE DEPARTMENTS OF THE CITY OF SOUTH BEND FOR CALENDAR YEAR 2025,TO MAKE POSITION CHANGES IN THE HUMAN RIGHTS COMMISSION STATEMENT OF PURPOSE AND INTENT On October 14,2024,the South Bend Common Council passed Ordinance No. 11160-24,which fixed maximum salaries and wages of appointed officers and non-bargaining employees of the executive departments of the City of South Bend for the calendar year 2025. Since the enactment of Ordinance No. 11160-24, the City's executive has determined that it is appropriate and necessary to amend the list of non-bargaining City positions and their maximum salaries approved under Ordinance No. 11160- 24. Specifically,this ordinance makes certain position changes within the Human Rights Commission, including a new Investigator III position, as reflected in the amended list attached to this ordinance as Exhibit A. NOW,THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Ordinance No. 11160-24 is hereby amended to include the non-bargaining positions and maximum salaries set forth in Exhibit A attached hereto. The positions affected by this ordinance are highlighted for ease of identification. SECTION II. All other portions and sections of Ordinance No. 11 160- 24 are unaffected by this amendment and are reconfirmed. SECTION HI. 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 2025 at o'clock_. m. Bianca Tirado, City Clerk Approved and signed by me on the day of 2025 at o'clock .m. James Mueller, Mayor,City of South Bend, Indiana New Position Title Change Eliminate Title City of South Bend,Indiana Non-Standard Raise AddingffE Title and Pay Change 2025 Nonbargaining Salary Ordinance Proposal Maximum Salaries 2024 2025 Job Title Status Salary Cap Salary Cap %Increase 311 Customer Service Liaison I Full Time 50,742 52,264 3.00% 311 Customer Service Liason II Full Time : 54,000 100.00% Accounting Assistant Full Time 49,506 50,991 3.00% Accounting Clerk IV Full Time 38,576 39,733 3.00% Accounts Payable Administrator Full Time 40,569 41,786 3.00% Administrative Assistant I Full Time 45,986 47,366 3.00% Administrative Assistant II Full Time 47,345 48,765 3.00% Animal Welfare Assistant Full Time 39,937 45,000 12.68% Animal Welfare Officer Full Time 41.200 48,000 16.50% Applications Developer Full Time 72.977 75,166 3.00% Applications Developer II Full Time 79.029 81,400 3.00% Assistant City Attorney Full Time 99.329 102,309 3.00% Assistant City Attorney/Claims Adjuster Full Time 87,551 90,178 3.00% Assistant City Engineer Fut Time 97,967 100,906 3.00% Assistant Director-Data 8 Performance Full Time 79,665 82,055 3.00% Assistant Director of Communication Center Full Time 62,642 64,521 3.00% Assistant Director of Distribution Full Time 59,508 61,293 3.00% Assistant Director of Growth&Opportunity Full Time 81,912 84,369 3.00% Assistant Director of Neighborhoods Full Time 95,400 100.00% Assistant Director of Planning Full Time 84,369 100.00% Assistant Director of Recreation Full Time 67.555 69,582 3.00% Assistant Director of SCADA Information Systems Full Time 76.686 78,987 3.00% Assistant Director of Ticket Sales&Strategy Fug Time 53.560 55,167 3.00% Assistant Manager-Customer Service Full Time 53,822 55,437 3.00% Billing Operations Specialist Full Time 63,928 65,846 3.00% Budget Analyst-Senior Full Time 72,252 74,420 3.00% Building and Code Inspector Full Time 57,731 59,463 3.00% Building Commissioner Full Time 90,586 93,304 3.00% Building inspector Full Time 55,222 56,879 3.00% Business&Resource Specialist Full Time 70,682 72.802 3.00% Business Analyst Full Time 61,940 63,798 3.00% Business Analyst-Senior Fug Time 67,473 69,497 3.00% Business Deveioopment Specialist Full Time _ 63,626 65,535 3.00% Chemist Full Time 60,132 61,936 3.00% Chemist Lead Full Time _ 63,963 65,882 3.00% Chief Building Inspector Full Time 67 555 69,582 3.00% Chief Code Inspector Full Time 67555 69,582 3.00% Chief Community Officer Full Time 96,526 110,622 14.60% Chief Development 6 Marketing Officer Full Time 110 008 110,622 0.56% Chief Digital Officer Full Time _ 107,899 111,136 3.00% Chief Experience Officer Full Time 110,622 100.00% Chief Innovation Officer Full Time 125,903 129,680 3.00% Chief NeigborhoodsOfbcer Full Time 104,318 107,448 3.00% Chief of Park Operations Fug Time t Op 97,850 110,622 13.05% Filed in Clerk's OfficeChiefofStafftotheMayorFullTime107,433 110,656 3.00% Chief Planner Fut Time 103,810 106,924 3.00% I Chief Technology Officer Full Time 118,395 121,947 3.00% City Attorney Fut Time _ _113,765 117,178 3.00% I i'N 0CityClerkSecretary _ _ Full Time 36,674 39,834 3.00% y JL, . City Controller Full Time 135,618 139,687 3.00% City Engineer Full Time _ 125,292 129,051 3.00% Bianca TiradoClubProMunicipalGolfCourseFullTime5B,112 59,855 3.00% City South Bend, INCodeInspectorFullTime47,314 50,000 5.68% Clerk, Code Inspector-Senior Full Time 50,274 52,988 5.40% Commercial Combination Inspector Full Time 57,981 59,720 3.00% Communication Specialist I Full Time 41,97_0 43.229 3.00% Communication Specials:ll Full Time 51,993 53,553 3.00% Communication Specialist Ill Full Time 53,875 55.491 3.00% Contract Compliance Administrator Full Time 64,884 66,831 3.00% Coordinator on Homelessness-DCI Full Time 80,000 82,400 3.00% Corporation Counsel Full Time 141,428 145,671 3.00% Court Liaison Full Time 40,402 41,614 3.00% Crime Analyst Full Time . 44,259 45,587 3.00% Crime Resource Specialist Fup Time 54.371 56,002 3.00% Custodian Full Time 33.949 34,967 3.00% Data Entry/Alarms Coordinator Full Time 36,813 37,917 3.00% Data Entry Specialist Full Time 42,825 44,110 3.00% Data Entry Specialist II Full Time 36,116 37,199 3.00% Departmental System Specialist Full Time 55,222 56,879 3.00% Deputy Building Commissioner Full Time 74,592 76,830 3 00% Deputy Chief of Staff to the Mayor Full Time 83,341 85,841 3.00% Deputy City Controller Full Time 113,765 117,178 3.00% Deputy Director of Community Investment Full Time 113,765 117,178 3.00% Deputy Director of Human Resources Full Time 94,420 100,170 6.09% Deputy Director of Public Works Full Time 113,765 117,178 3.00% Design Specialist Full Time 66,368 68,359 3.00% Digital(Forensic)Lab Technician Full Time 62,412 64,284 3.00% Digital Communications&Multimedia Training Coordinator Full Time 67,000 69,010 3.00% Digital Recniitement&Marketing Coordinator Full Time 78,000 100.00% Director-Digital Services Full Time 90,497 93,212 3.00% Director-Environmental Compliance Full Time 84,590 87,128 3.00% Director-Wastewater Utility Full Time 101,631 104,680 3.00% Director-Water Operations Full Time 84,590 87,128 3.00% Director-Water Utility Full Time 101.631 104,680 3.00% Director of Applications Full Time 94,503 97,338 3.00% Director of Booking&Event Services Full Time 68,078 70,120 3.00% Director of Customer Service 6 Success Full Time 90,318 93,028 3.00% Director of Central Services Full Time 100,255 103,263 3.00% Director of City Finance Full Time 99,910 102,907 3.00% Director of Civic Innovation Full Time 90 318 93,028 3.00% Director of Civilian Services Full Time 69,447 71,530 3.00% Director of Communication Center Full Time 74,310 76,539 3.00% Director of Communications Full Time 74,557 76,794 3.00% Director of Communications&Radio Full Time 70,000 72,100 3.00% Director of Community Outreach Full Time 73,095 75,288 3.00% Director of Community Police Review Office Full Time 70,682 72,802 3.00% Director of Billing&Accounts Full Time 84,590 87,128 3.00% Director of Data&Performance Full Time 90,318 93,028 3.00% Director of Department Finance Fup Time 81,702 86,600 6.00% Director of Development&Special Events Full Time 77,000 84,003 9.10% Director of Distribution Full Time 88,007 90,647 3.00% Director of Engagement&Economic Empowerment Full Time 89,725 92,417 3.00% Director of Enterprise Services&Software Full Time 94,503 97,338 3.00% Director of Equipment Services Full Time 85,000 87,550 3.00% Director of Facilities Management Full Time 74.927 77,175 3.00% Director of Growth&Opportunity Full Time 89.725 92,417 3.00% Director of Human Resources Full Time 102.236 105,303 3.00% Director of Infrastructure Full Time 90.318 93,028 3.00% Director of Legal Administration Full Time woo 72,100 3.00% Director of Marketing-Public Works Full Time 76,730 79,032 3.00% Director of Marketing&Promotions Full Time . 64,559 66,496 3.00% Director of Neighborhood Health&Housing_ Full Time 89,725 92,417 3.00% Drector of Neghborhood Services&Enforcement Full Time 89,362 92,043 3.00% Director of Office of Sustainabiky Full Time 93.027 95,818 3.00% Director of Operations-Venues Full Time 102,128 105,192 3.00% Director of Operations-Wastewater Full Time 88,007 90,647 3.00% Director of Project Management(formerly Director of CSO Project Management) Full Time 94,753 97,596 3.00% Director of Public Works Full Time 35.618 139,687 3.00% Director of Purchasing Full Time 92.700 95,481 3.00% Director of Purchasing&Logistics(Police Dept) Full Time 77,874 80,210 3.00% Director of Recreation Full Time 81,557 84,004 3.00% Director of Redevelopment Engineering Full Time 112,549 115,925 3.00% Director of SCADA Information Systems Full Time 88,437 94,627 7.00% Director of Solid Waste Full Time 81,369 83,810 3.00% Director of Streets 8 Sewers Full Time 96,219 99,10E 3.00% Director of Ticket Sales B Strategy Full Time 71,200 73,336 3.00% Director of Treasury Full Time 99,910 102,907 3.00% Director of Wastewater Maintenance Full Time 84,590 87,128 3.00% Director of Water Quality 8 Laboratory Full Time 84,590 87,128 3.00% Distribution Records Drafter Full Time 66,950 68,959 3.00% Distribution System Specialist Full Time 77,918 80,256 3.00% Diversity Compliance/Inclusion Officer Full Time 97,850 100,786 3.00% Economic Specialist(formerly Economic Employwerment Specialist) Full Time 63,036 64,927 3.00% Electrical and Instrumentation Manager Full Time 83,200 100.00% Engagement Specialist Full Time 63,626 65,535 3.00% Enterprise Software Specialist(Formerly Software Specia8) Full Time 61,669 63,519 3.00% Equity Arts Coordinator Full Time 61,800 63,654 3.00% Evidence Technician Full Time 47,236 48,653 3.00% Executive Administrative Assistant Full Time 47.823 51,000 6 64% Executive Assistant Full Time 62.012 63,872 3.00% Executive Assistant and Director of Special Projects Full Time 61.466 63,310 3.00% Executive Director of Community Investment Full Time 125,903 129,680 3.00% Executive Director of Human Rights Full Time 95,275 98,133 3.00% Executive Director Venues,Parks&Arts Full Time 133,106 137,099 3.00% Federal Grant Administrator(formerly Manager-Neighborhood Grants) Full Time 74,592 76,830 3.00% Financial Specialist 1 Full Time 40,569 41,786 3.00% Financial Specialist ll Full Time ; 44,259 45,587 3.00% Financial Specialist Ill Full Time 49,506 50,991 3.00% Financial Specialist IV Full Time 54,821 56,466 3.00% Financial Specialist Senior Full Time 62,695 64,576 3.00% Financial Systems Specialist Full Time 68,644 70,703 3.00% Fingerprint/Photo Technician Full Time 42,894 44,181 3.00% Firearms IBIS/NIBIN Tech Full Time 51,063 52,595 3.00% Foreman IV Full Time 55,432 57,095 3.00% Foreman V Full Time 55,432. 57,095 3.00% Forensic Lab Tech Full Time 68 084 70,127 3.00% Forensic Scientist/Firearm&Tool Mark Examiner Full Time 82 836 85,321 3.00% Forensic Scientist/Firearm&Tool Mark Examiner Trainee Full Time 68 084 70,127 3.00% Director of Golf Operations(formerly General Manager-Golf Courses) Full Time 81,161 84,003 3.50% General Manager-Venues Full Time 111,772 115,125 3.00% GIS Manager Full Time 71,601 73,749 3.00% GIS Specialist-Senior Full Time 61,919 63,777 3.00% Golf Hospitality Events Manager(Formerly Foreman V) Full Time 55,432 70,000 26.28% Grants Administrator Full Time 69,974 72,073 3.00% Graphic Designer Full Time 55,432 57,095 3.00% Greenkeeper Full Time 52,597 54,175 3.00% GVI-Project Manager 66,950 68,959 3.00% Hearing Secretary Full Time 45,681 48,765 6.75% Historic Preservation Administrator Full Time 63,626 65,535 3.00% Historic Preservation Specialist Full Time t_ 50,589 58,287 3.00% Horticulturist Tech Full Time 55 432 57,095 3.00% Housing Counselor Full Time 74,592 76,830 3.00% Human Resource Generalist-Senior Full Time 73,612 75,820 3.00% Human Resources Generalist Full Time 54,822 56,467 3.00% Human Resources Generalist/Benefits Coordinator Full Time 47,224 48,641 3.00% Human Resources Specialist Ill Full Time 51.454 52,998 3.00% HVAC Technician Full Time 55,432 57,095 3.00% Industrial Pretreatment Specialist I Full Time 61,036 62,867 3.00% Internal Auditor Full Time 69,873 71,969 3.00% Inventory Control Technician It Full Time 42,595 43,873 3.00% Investigator I/Intake Coordinator Full Time 40,436 60,415 49.41% Investigator II Full Time 46,350 63,815 37.68% Laboratory Technician 1 Full Time 38,674 39,834 3.00% Latent Fingerprint Examiner Full Time 62,412 64,284 3.00% License Clerk Full Time 44,259 45,587 3.00% Licensing&Registration Administrator Full Time 59,654 61,444 3.00% Locator Full Time 48,842 50,307 3.00% Logistics Specialist Full Time 44,259 45,587 3.00% Maintenance Foreman It Full Time 43,725 45,037 3.00% Maintenance Technician Full Time 56737 58,439 3.00% Manager 311 Customer Service Full Time 65,831 67,806 3.00% Manager-Animal Resource Center Full Time 64,890 70,016 7.90% Manager-Aquatics Full Time 60,896 62,723 3.00% Manager-Assistant Animal Resource Center Full Time 51,500 57,000 10.68% Manager-Assistant Facility Operations Full Time 41,232 42,469 3.00% Manager-Athletics Full Time 60,896 62,723 3.00% Manager-Benefits Full Time 67,479 73,000 8.18% Manager-Billing&Customer Accounts Full Time 65.154 67,109 3.00% Manager-Business Development Full Time 75.500 79,000 4.64% Manager-Center Full Time 60,896 62,723 3.00% Manager-Credit&Collections Full Time 65,154 67,109 3.00% Manager-Cross Connection 8 Water Loss Full Time 74,014 76,234 3.00% Manager-CSO Operations _ Full Time 70,106 72,209 3.00% Manager-Customer Service Full Time 62,855 64,741 3.00% Manager-Customer Success 65,846 67,821 3.00% Manager-Employee Safety Full Time 69,711 71,802 3.00% Manager-Employment(Human Rights)Full Time 68,508 72,100 5.24% Manager-Enterprise Software Full Time 68,644 70,703 3.00% Manager-Events _ _ Full Time 55,432 57,095 3.00% Manager-Event Service Maintenance Full Time 42,000 43,260 3.00% Manager-Facility Operations Full Time 58,343 60,093 3.00% Manager-Facility Operations(MPAC) Full Time , 68,078 70,120 3.00% Manager-Housing(Human Rights) Full Time 68,508 72,100 5.24% Manager-Inclusion Project Full Time 66,974 68,983 3.00% Manager-Industrial Pretreatment Full Time 69.656 71,746 3.00% Manager-Infrastructure Full Time 76.686 78,987 3.00% Manager-Interactive Marketing Full Time 55,432 57,095 3.00% Manager-Maintenance Full Time 74,378 76,609 3.00% Manager-Maintenance(MPAC) Full Time 68,079 70,121 3.00% Manager-Marketing Full Time 64,559 66,496 3.00% Manager-Meter Service Full Time 7,077 76,608 3.00% Manager-Office Full Time 42,295 43,564 3.00% Manager-Operations Full Time 79,425 81,808 3.00% Manager-Operations-AmenCorps Full Time 50,171 51,676 3.00% Manager-Operations-Distribution Full Time 75,696 77,967 3.00% Manager-Operations-Forester Full Time 71,237 73,374 3.00% Manager-Park Grounds Manager Full Time 71,237 73,374 3.00% Manager-Parks _ Full Time 74,866 77,112 3.00% Manager-Permits Full Time 56,084 57,767 3.00% Manager-Print Shop Full Time 54,524 56,160 3.00% Manager-Property&Evidence Full Time 49,770 51,263 3.00% Manager-Property Development Full Time 74,592 76,830 3.00% Manager-Public Construction Full Time 80,000 82,400 3.00% Manager-Purchasing Full Time 76.686 78,987 3.00% Manager-Records Bureau Full Time 43,265 44,563 3.00% Manager-Service Contracts&General Supplies Full Time 70,000 72,100 3.00% Manager-Service Line Repair Full Time 74,377 76,608 3.00% Manager-Services Full Time 68,644 70,703 3.00% Manager-Sewer Operations Full Time 76,686 78,987 3.00% Manager-Sold Waste Operations Full Time 71,503 73,648 3.00% Manager-Special Events Full Time 64,559 66,496 3.00% Manager-Special Events Exp(change to Manager-Special Events) Full Time , 55,432 57,095 3.00% Manager-Streets Full Time 75,696 77,967 3.00% Manager-Traffic&Lighting Full Time 75,696 77,967 3.00% Manager-Wastewater Purchasing&Inventory Full Time 61,963 63,822 3.00% Manager-Water Distribution Services&Records Full Time 66,950 68,959 3.00% Manager-Wireless Construction Full Time 74,893 77,140 3.00% Manager-Youth Employment Full Time 60,896 62,723 3.00% MS4 Specialist Full Time 55,000 56,650 3.00% Neighborhood Grant Specialist(changed to Manager-Neighborhood Grants)Fug Time , 74,592 76,830 3.00% Neighborhood Program Specialist Full Time 63,654 65,564 3.00% Neighborhood Program Specialist-Lead Full Time 63,654 65,564 3.00% Network Engineer Full Time 71,940 74,098 3.00% Non Bargaining Maximum Hourly Rate(excluding above) Part Time 34.39 35 3.00% Operations Analyst(Code) _ Full Time 64,932 66,880 3.00% Operations Specialist _ _ Full Time 74.377 76,608 3.00% Ordinance Violation Bureau Clerk Full Time 52,188 53,754 3.00% OVP Program Manager Full Time , 54,535 56,171 3.00% Paralegal Full Time 61,957 63,816 3.00% Permitting&Licensing Compliance Specialist Full Time 55,222 56,879 3.00% Director of Inteltegence(formerly Police Crime Intelligence Analyst-Senior)Full Time 66,950 75,000 12.02% Police Crime Intelligence Analyst I Full Time 49,440 50,923 3.00% Police Crime Intelligence Analyst II Full Time 63,259 65,157 3.00% Preventative Maintenance Coordinator Full Time 47,813 49,247 3.00% Preventative Maintenance Coordinator It Full Time 49,862 51,358 3.00% Principal Planner Full Time 74,592 76,830 3.00% Print Shop Technician Full Time 44,788 46,132 3.00% Product Manager Full Time 61,669 63,519 3.00% Program Coordinator Full Time 55,432 57,095 3.00% Program Coordinator-Recreation Full Time 45,672 47,042 3.00% Program Coordinator-Recreation-MLK Full Time 55.433 57,096 3.00% Program Manager Transportation Full Time 68,312 70,361 3.00% Programmer Analyst I Full Time 53.227 54,824 3.00% Programmer Analyst It Full Time 55.520 57,186 3.00% Project Engineer Full Time 77.070 79,382 3.00% Project Inspector Full Time 79,382 100.00% Project Manager Full Time 61,669 63,519 3.00% Project Manager-Engagement&Economic Empowerment Full Time 63.036 64,927 3.00% Project Manager-Part Time Pail Time 44,565 45,902 3.00% Project Manager-Sustainability Full Time 61,669 63.519 3.00% Property Development Analyst Full Time 63,626 65,535 3.00% Property Inspector Full Time 63,626 65,535 3.00% Propery/Evidence Custodian-Senior Fug Time 41,533 42,779 3.00% Public Access Coordinator Full Time 41,813 43,067 3.00% Public Relations Specialist Full Time . 51,532 53,078 3.00% Public Service Officer Full Time 38,196 39,342 3.00% Quality Assurance Distribution Technician Full Time , 48,377 49,828 3.00% Radio Equipment Installation Technician Full Time 50,063 51,565 3.00% Radio Technician I Full Time 55,021 56,672 3.00% Radio Technician lI Full Time 56,814 63,969 12.59% Radio Technician Ill Full Time 61,103 67,103 9.82% Records Specialist_ Full Time , 40,367 41,578 3.00% Records Supervisor Full Time 61,187 63,023 3.00% Residential Combination Inspector Full Time 55,222 56,879 3.00% Resident Success Liaison(Formerly Case Manager)Fug Time 54,265 55,893 3.00% SCADA Instrument Specialist Full Time 64,690 66,631 3.00% Secretary Ill Full Time 34,589 35,627 3.00% Secretary IV Fug Time 36,714 37,815 3.00% Secretary V Full Time 38,674 39,834 3.00% Security Guard Full Time 41,985 43,245 3.00% Senior Assistant City Attomey Full Time 107,500 110,725 3.00% Senior Billing Operations Specialist Full Time 68,644 70,703 3.00% Senior Engineer Fug Time 83,929 86,447 3.00% Senior Inspector Full Time 74,000 76,220 3.00% Senior Planner Full Time 68,744 70,806 3.00% Senior Staff Accountant Full Time 93,503 100 00% Senior Purchasing Agent Full Time 56,737 65,000 14.56% Shift Lead Full Time 49,274 50,752 3.00% Site Acquisition Specialist Full Time 76,028 78,309 3.00% Solution Designer Full Time 61,940 63,798 3.00% Special Events Assistant Full Time 46,815 48,219 3.00% Specialist of Infrastructure Full Time 63.296 65,195 3.00% Specialist of Services Full Time 63,296 65,195 3.00% Senior Staff Accountant Full Time 93,503 3.00% Staff Accountant Full Time 66,950 68,959 3.00% Stock Room&Safety Coordinator Full Time 57,414 59,136 3.00% Superintendent ll Full Time 57,646 59,375 3.00% Superintendent Ill Full Time 60,000 64,864 8.11% Superintendent IV Full Time 62,642 64,521 3.00% Superintendent V Full Time 65,322 67,282 3.00% Supervisor-Accounts Payable Full Time 58,098 59,841 3.00% Supervisor-Communication I Full Time 57.632 59,361 3.00% Supervisor-Communication II Fug Time 59,511 61,296 3.00% Supervisor-Crime Laboratory Full Time 78,298 80,647 3.00% Supervisor-Fitness/Wellness Full Time 40,990 42,220 3.00% Supervisor-Maintenance Mechanic Fug Time 68,000 70,040 3.00% Supervisor-Operations Full Time 68,079 70,121 3.00% Supervisor-Park Ranger Full Time 54,522 56,158 3.00% Supervisor-Payroll Full Time 65,513 67,478 3.00% Supervisor-Sheffer Operations Fug Time 41,898 43,155 3.00% Supervisor-Signal_ Full Time 64,690 66,631 3.00% Supervisor-Youth__ Full Time - 51,567 53,114 3.00% System Specialist I _ Full Time 53,244 54,841 3.00% System Specialist It_ Full Time 63,295 65,194 3.00% System Specialist IV Full Time 76,686 78,987 3.00% Technology Equity Manager Full Time 68,312 70,361 3.00% Utility Safety Officer Full Time 65,000 66,950 3.00% Violence Prevention Coordinator II Full Time 45,752 47,125 3.00% Volunteer Coordinator Full Time 55,432 57,095 3.00% Water Asset Specialist Full Time 56,444 58,137 3.00% Water Duality Specialist Full Time 66,486 68,481 3.00% Workforce Development Coordinator Full Time , 72,066 74,228 3.00% Zoning Administrator Full Time 74,592 76,830 3.00% Zoning Specialist Full Time 63,626 65,535 3.00% Part-Time Positions Receiving Benefits City Attorney Part Time 75,325 77.585 3.00% Other Part Time Positions SBARC Veterinarian Part Time 125,000 100.00% City Engineer(hourly rate) Part Time 46.00 47.38 3.00% Non Bargaining Maximum Hourly Rate(excluding above) Part Time 34.39 35.42 3.00% City Minimum Waae for All Positions City Minimum Wage All Positions 12.50 12.88 3.00% County-City Bu1ld111g 227 W Jefferson Blvd uite, 1200 N South Bend, [N 46601 ���TI-I�◊-�v, � Jam es Mueller, Mayor June 3, 2025 Canneth Lee, President . . City of Sou th Bend Department of Administration & Finance Division of Human Resources City of South Bend Common Council 227 W. Jefferson Boulevard, 4th Floor South Bend, Indiana 4660 I RE: Q2 2025 Additional Appropriation Ordinance Dear President Lee, Phone 311 inside City limits Em ail 31 l@southbendin.gov Website Southbendin.gov Filed in Clerk's Office JUt U 3 2325 -•· Bianca Tirado City Clerk, South Bend, IN During the past several years, it has been the practice of the City of South Bend to request department heads, fiscal staff, and city administration to conduct an extensive review of the status of compliance with the adopted city budget and propose necessary adjustments periodically throughout the year. For 2025, we plan to propose adjustments during four time periods-March, June, September and December. Based on our budget review, we are submitting the enclosed additional appropriation ordinance for your consideration. I will present this bill to the Common Council at the appropriate committee and Council meetings. It is requested that this bill be filed for I st reading on June 911 \ 2025, with 2nd reading, public hearing and 3rd reading scheduled for June 23rd, 2025. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574-235-9822. Regards, Xf tJ�· Kyle Willis City Controller 34-25 Filed in Clerk's Office BILL NO. JUN 0 3 2025 Bianca Tirado ORDINANCE NO. City Clerk, South Bend, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,APPROPRIATING ADDITIONAL FUNDS FOR CERTAIN DEPARTMENTAL AND CITY SERVICES OPERATIONS FOR THE YEAR 2025 OF$2,512,780 FROM THE GENERAL FUND (#101),$520,000 FROM THE PARKS AND RECREATION FUND (#201), 65,000,FROM THE MOTOR VEHICLE HIGHWAY FUND (#202),$37,500 FROM THE GIFT,DONATION, BEQUEST FUND (#217),$2,945,000 FROM THE LOCAL INCOME TAX—ECONOMIC DEVELOPMENT FUND (#408),$650,000 FROM THE WATER WORKS OPERATIONS FUND (#620),$2,407,550 FROM THE WATER WORKS CAPITAL FUND(#622),$5,000,000 FROM THE SEWAGE WORKS CAPITAL FUND (#642). STATEMENT OF PURPOSE AND INTENT By Ordinance No. 11150-24 on October 7, 2024,the Common Council adopted the City's 2025 operating and capital budgets, which included expenditures for various City operations. It is now necessary to appropriate additional funds for operational and capital expenditures necessary for the City to affect the provision of services to its residents, which were not anticipated at the time the City budget was adopted. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. The following amounts are hereby appropriated in fiscal year 2025 and set apart within the following designated funds for expenditures as follows: Fund Fund Name Amount 101 General Fund 2,512,780 201 Parks & Recreation 520,000 202 Motor Vehicle Highway 65,000 217 Gift,Donation, Bequest 37,500 408 Local Income Tax-Economic Development 2,945,000 620 Water Works Operations 650,000 622 Water Works Capital 2,407,550 642 Sewage Works Capital 5,000,000 Total 14,137,830 Section II. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval of 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 2025 at o'clock m. Bianca Tirado, City Clerk Approved and signed by me on the day of 2025 at o'clock . m. James Mueller, Mayor, City of South Bend, Indiana City of South Bend,Indiana Q2 2025 Budget Adjustments-Additional Appropriations increase or decrease in total fund expenditures) Accounts Fund Department Division Account Budget Adjustment Unanticipated&peoeec v 201-11-201-204-436001_- Parks&Recreation Venues Parks&Art,Park Maintenance Services&Charges-Repairs&taint-Building R&M 125.1100 Rationale: Appropriate funding for Potawatami Conservatory Roof Repairs 10144402-044-433003- General Fund Administration&Finance Human Rights Services&Charges-Printing&Ad•P%motional 5.280 Rationale: Appropriate received funds to cover Human Rights Commission luncheon costs 40 8-10-101-130-4 3 5 0 01-- Local Income Tax•Economic Development Community Investment Community Investment Services&Charges-Utility Services-Electric 225,000 408-10-101-130-436001-- Local Income Tax-Economic Development Community Investment Community Investment Services&Charges-Repairs&Main48uilding R&M 200,000 Rationale Budget for RDC owned property utilities 101-04-4024144-410001-- General Fund Administration&Finance Human Rights Peenon(4Salaries&Wages-Salaried Wages 7.500 Rationale: Increasing salaries and wages budget for Investigator HI position for Human Rl: to Division. 408-10-101-120 431000- Loral Income Tax-Economic Development Community Investment Community Investment Services&Charges-Professional-Other Professional Svcs 500,000 Rationale: Advaotix Low-Income Housing Tax Credit Project Support 620-06604-603-431000- Water Works Operations Public Works Water Works Services&Charges-Professional-Other Professional Svc. S 100,000 Rationale. PEAS Bench scale testing 624-06604603431000- Water Works Operations Public Works Water Works Services&Charges•Profeseional.Other Professional Svcs S 200,000 Rationale City Hall Security costs for half of the year 620436604-603-435004-- Water Works Operations Public Works Water Works Services&Charges-Utility Services-Water 350,000 Rationala: Funding for sewage utility charges T 1 I II jt _ [1-0,.....t y` 4 Supported by Outside Revenue 7•?' }K; t` y'Ali',..`ep r" - -, 217.10-101.132-439300- Gift.Donation.Bequest Community Investment ommunity Investment Services&Charges-Other-Grants&Subsidies 37.500 Rationale: Appropriate Arbor Day Foundation Donation(Services Expense) 400-10401-125-41930(1-10WORKFORCE- Local Income Tax•Economic Development Community Investment Community lnveatmend Services&Charges-Other-Grants Si Subsidies 20p00 Rationale CFE Fund Grant Award(Summer Youth Employment Program) 201.11-201.201-444 0 0 0- Parks&Recreation Venues Parks&Arts Park Maintenance Capital Outlay-Impv Other Than Bldgs-Land Improvement 170,000.00 201-11-201-201-445080 Parka&Recreation Venues Parks&Arts Park Maintenance Capital Outlay-Machinery&Equip-Motor Equipment 225,000.00 Rationale:_Appropriate settlement money received•Harter Heights case To06I9n sorted by Otthi/e Revewe 452.500 1 Capital Projects 622-06-604420431002-- Water Works Capital - - Public Works Water Works Services&Charges-Professional-Eogineerieg&ArabiaS1p07.550 Rationale: Funding for PEAS remediation(North Station'Design 202-06-6 02-5034 4510 8-- Motor Vehicle Highway Public Works Streets&Sewers Capital Outlay-Machinery&Equip-Labe PurohlOther Equip 65.000 Rationale: Purchase equipment from Water Works Department 408.10-101.120.443001-- Local Income Tax-Economic Development Community Investment Communitytnvestment Capital Outlay-Buildings-Building improvements 5 2,000,000 Rationale: City Match LaSalle Park Homes(READI Blight-Redev Grant) 101-11.206.273-436000- General Fund Venues Parka&Arts Putt Projects&Capital Services&Changes-Repairs&Maiot-Other R&M S 2,500,000 Rationale: City Match for Kennedy Park ORLP Grant 622-06..1 a20 442007- Water Works Copilot Public Works Water Works Capital Outlay-Infrastructure-Mains 1,000,000 64246602.509442003- Sewage Works Capital Public Works Streets&Sewers Capital Outlay-Iofrastruclure-Sewer Rehabilitation 5,000,000- Rationale:-implementation of long-term Sewer/Stormwater separation&infrastructure master plan Total Capitol project Costs 11,972.550 Filed in Clerk's Office Total Additional.Appropriations 14.137,930 Bianca Tirado City Clerk, South Bend, IN County-City Build mg ..-aY"'Ul �-.. Phone 311111sideCityhm1ts 227 W Jefferson Blvd Suite, 1200 N South Bend, IN 4660 I Email 31 l@southbendin.gov Website Southbendm gov James Mueller, Mayor ' �� \ 1 :, 'V"::"'�9�::_?f ! City of South Bend Filed in Clerk's Office J 1 N U 3 2025 Bianca Tirado Department of Administration & Finance Division ofHuman Resources City Clerk, South Bend, IN Canneth Lee, President City of South Bend Common Council 227 W. Jefferson Boulevard, 4th Floor South Bend, Indiana 4660 I RE: Q2 2025 Budget Transfer Ordinance Dear President Lee, During the past several years, it has been the practice of the City of South Bend to request department heads, fiscal staff, and city administration to conduct an extensive review of the status of compliance with the adopted city budget and propose necessary adjustments periodically throughout the year. For 2025, we plan to propose adjustments during four time periods-March, June, October and December. Based on our budget review, we are submitting the enclosed budget transfer ordinance for your consideration. I will present this bill to the Common Council at the appropriate committee and Council meetings on June 23rd, 2025, for the 2nd reading, public hearing and 3rd reading scheduled for June 23 rd , 2025. Thank you for your attention to this request. If you should have any questions, please feel to contact me at 574-235-9822. Regards Kyle Willis City Controller 35-25 Filed in Clerk's Office JuN UJ BILL NO. Bianca Tirado ORDINANCE NO. City Clerk, South Bend, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA,FOR BUDGET TRANSFERS FOR VARIOUS DEPARTMENTS WITHIN THE CITY OF SOUTH BEND,INDIANA FOR THE YEAR 2025 STATEMENT OF PURPOSE AND INTENT Unforeseen conditions have developed since the adoption of the existing City budget, under Ordinance No. 1 1 150-24 on October 7, 2024,which necessitates the increase and reduction of appropriations within the various departments of the General Fund and other funds of the City of South Bend during 2025. NOW,THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: Section I. All accounts as set forth in the detailed attachment hereto which are incorporated herein shall be adjusted by increase or reduction of appropriation in the designated sums. 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 day of 2025, at o'clock_. m. Bianca Tirado, City Clerk Approved and signed by me on the day of_ 2025, at o'clock . m. James Mueller, Mayor, City of South Bend, Indiana City of South Bend,Indiana Q2 2025 Budget Adjustments-Budget Transfers budget transfers between different cost categories(i.e.personnel,supplies,services,capital)and/or different departments/divisions within the same fund) Budget Account# Fund Department Division Account Adjustment 620- 06-604- 606-423006— Water Works Operations Public Works Water Works Supplies-Repair&Maint-Small Tools&Equipment 15,000 620-06-604- 605-431000-- Water Works Operations Public Works Water Works Services&Charges-Professional-Other Professional Svcs 25,000 620-06-604-603-439006— Water Works Operations Public Works Water Works Services&Charges-Other-Education&Training 25,000 620-06-604-603-422012— Water Works Operations Public Works Water Works Supplies-Operating-Water Treatment Chemicals 25,000) 620-06-604- 603-422012— Water Works Operations Public Works Water Works Supplies-Operating-Water Treatment Chemicals 40,000) Rationale: Budget transfer to cover education and training expenses. 642-06-605-514-442005-- Sewage Works Capital Public Works Wastewater Capital Outlay-Infrastructure-Treatment/Disposal Equipment 400,000 642-06-605-514-431002— Sewage Works Capital Public Works Wastewater Services&Charges-Professional-Engineering&Architectural 400,000) Rationale: Budget transfer to replenish funds for Project 435(Wastewater Belt Thickener) 201-11-201- 201-411010— Parks&Recreation Venues Parks&Arts Park Maintenance Personnel-Employee Benefits-Med/SurgicaUDental 2,800) 201-11-201-201-410001— Parks&Recreation Venues Parks&Arts Park Maintenance Personnel-Salaries&Wages-Salaried Wages 109, 212) 201-11-201- 201-410002— Parks&Recreation Venues Parks&Arts Park Maintenance Personnel-Salaries&Wages-Teamster Wages 165,732) 201-11-201-201-410005-- Parks&Recreation Venues Parks&Arts Park Maintenance Personnel-Salaries&Wages-Seasonal&Interns 176,800) 201-11-201-201411206— Parks&Recreation Venues Parks&Arts Park Maintenance Personnel-Employee Benefits-Cell Phone Allowance 495) 201-11-201- 201-411014— Parks&Recreation Venues Parks&Arts Park Maintenance Personnel-Employee Benefits-Parental Leave 908) 201-11-201- 201-411009— Parks&Recreation Venues Parks&Arts Park Maintenance Personnel-Employee Benefits-Life Insurance 654) 201-11-201-201411008— Parks&Recreation Venues Parks&Arts Park Maintenance Personnel-Employee Benefits-Health Insurance 91,323) 201-11-201-201411007— Parks&Recreation Venues Parks&Arts Park Maintenance Personnel-Employee Benefits-Unemployment Comp 331) 201-11-201- 201-411005— Parks&Recreation Venues Parks&Arts Park Maintenance Personnel-Employee Benefits-PERF Union 2,511) 201-11-201-201411004— Parks&Recreation Venues Parks&Arts Park Maintenance Personnel-Employee Benefits-PERF Regular 30,263) 201-11-201-201411001— Parks&Recreation Venues Parks&Arts Park Maintenance Personnel-Employee Benefits-FICA Regular 21,328) 201-11-209-206-411206— Parks&Recreation Venues Parks&Arts Visitor Experience Personnel-Employee Benefits-Cell Phone Allowance 495 201-11-209-206-411014-- Parks&Recreation Venues Parks&Arts Visitor Experience Personnel-Employee Benefits-Parental Leave 908 201-11-209-206- 411010— Parks&Recreation Venues Parks&Arts Visitor Experience Personnel-Employee Benefits-Med/Surgical/Dental 2,800 201-11-209 206-411009— Parks&Recreation Venues Parks&Arts Visitor Experience Personnel-Employee Benefits-Life Insurance 654 201-11-209-206-411008— Parks&Recreation Venues Parks&Arts Visitor Experience Personnel-Employee Benefits-Health Insurance 91,323 201-11-209- 206-411007-- Parks&Recreation Venues Parks&Arts Visitor Experience Personnel-Employee Benefits-Unemployment Comp 331 201-11-209-206-411005— Parks&Recreation Venues Parks&Arts Visitor Experience Personnel-Employee Benefits-PERF Union 2,511 201-11-209-206-411004-- Parks&Recreation Venues Parks&Arts Visitor Experience Personnel-Employee Benefits-PERF Regular 30,263 201-11-209-206411001— Parks&Recreation Venues Parks&Arts Visitor Experience Personnel-Employee Benefits-FICA Regular 21,328 201-11-209-206.410003— Parks&Recreation Venues Parks&Arts Visitor Experience Personnel-Salaries&Wages-Permanent Part Time 176,800 201-11-209-206-410002— Parks&Recreation Venues Parks&Arts Visitor Experience Personnel-Salaries&Wages-Teamster Wages 165,732 201-11-209-206-410001-- Parks&Recreation Venues Parks&Arts Visitor Experience Personnel-Salaries&Wages-Salaried Wages 109,212 Rationale: Budget transfers to cover personnel expenses in Visitor Experience 201-11-011-011-431000— Parks&Recreation Venues Parks&Arts Community Initiatives Services&Charges-Professional-Other Professional Svcs 200,000) 201-11-011-011410003— Parks&Recreation Venues Parks&Arts Community Initiatives Personnel-Salaries&Wages-Permanent Part Time 200,000 Rationale: Transfer to Permanent PT for POET Outreach Program Total S - Filed in Clerk's Office Bianca Tirado City Clerk, South Bend, IN Filed in Clerk's Office JUN O 3 20:5 Bianca Tirado City Clerk, South Bend, IN CITY OF SOUTH BEND DEPARTME TOFCOMMUNITYINVESTME T Councilmember Canneth Lee President South Bend Common Council County-City Building, 4th Floor South Bend, Indiana 4660 I June 3, 2025 Council Member Troy Warner Chairperson Community Investment Committee South Bend Common Council County-City Building, 4th Floor South Bend, Indiana 4660 I RE: Ordinance No. 36-25 -An Ordinance of the Common Council of the City of South Bend, Indiana, Amending the Loan Agreement and Approving and Authorizing Actions in Respect Thereto (Monreaux Project) Dear President Lee and Council Member Warner, Please find the attached bill, which is an ordinance authorizing an amendment to the currently existing forgivable economic development loan to support the construction of the Monreaux apartment development. This project has been awarded Low Income Housing Tax Credits from the Indiana Housing and Community Development Authority and will provide 45 incomequalified affordable housing units and 12 market rate housing units. This transformative development will revitalize the '·Fat Daddy's'· site on the corner of Michigan and Monroe streets. The amendment would make the following changes to the conditions of the original agreement: •Increase the funding amount to $3,300,000 (up from $2,300,000)•Increase the private investment commitment to $17,700,000 (up from$13,700,000)1400 COUNTY-CITY BUILDING· 227 W. JEFFERSO BOULEVARD· SOUTH BEND, INDIANA 4660] PHONE 574/235-5898 • FAX 574/235-9892 • TTY 57 4/235-5567 36-25 Adjust the project plan to reflect changes in the project: Decrease the total square footage of the building to 56,000 square feet from 65,000 square feet Reduce the minimum number of residential units to 57 from 60 Change the minimum number of units dedicated to households at 50% or lower AMI to 24 units, with an additional 21 residential units dedicated to households at 80%or lower AMI (original agreement committed 23 units for 50%or lower AMI and an additional 23 units for 80%or lower AMI). The forgivable loan would be funded utilizing Tax Increment Financing funds controlled by the South Bend Redevelopment Commission. The amendment loan agreement requires approval of both the Common Council and the South Bend Redevelopment Commission, which adopted its Resolution No. 3639 on May 22, 2025, authorizing and approving the changes discussed above.. The bond would be forgivable provided the development is completed within the required timeframes (36 months after closing) and private investment exceeds $17.7 million. Sincerely, Caleb Bauer Executive Director Department of Community Investment CC: South Bend Redevelopment Commission South Bend Economic Development Commission Devereaux Peters, Delta Ventures Ltd. Sandra Kennedy, Corporation Counsel Filed in Clerk's Office AI 03 2025 BILL NO. Bianca Tirado City Clerk, South Bend, IN ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING THE LOAN AGREEMENT AND APPROVING AND AUTHORIZING ACTIONS IN RESPECT THERETO STATEMENT OF PURPOSE AND INTENT The City of South Bend, Indiana ("Issuer"), entered into a Loan Agreement with Delta Ventures Ltd. ("Borrower"), dated as of December 1, 2023 ("Original Agreement") and issued its forgivable Taxable Economic Development Revenue Note, Series 2023 ("Series 2023 Note") in the aggregate principal amount of$2,300,000. The Borrower has consented to certain amendments to the Original Agreement and Series 2023 Note, and this ordinance authorizes Amendment No. 1 to Loan Agreement to amend the Original Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,THAT: Section 1. The Issuer hereby approves Amendment No. 1 to Loan Agreement Amendment"). Section 2. The substantially final form of the Amendment shall be incorporated herein by reference and shall be inserted in the minutes of the Common Council and kept on file by the Clerk. In accordance with the provisions of IC 36-1-5-4,two (2)copies of the Amendment are on file in the office of the Clerk for public inspection. Section 3. The Mayor,Controller and the Clerk are authorized and directed to execute the Amendment,and such other documents approved or authorized herein and any other document 4915-3888-6458.1 which may be necessary, appropriate or desirable to consummate the transactions contemplated by the Amendment, and their execution is hereby confirmed on behalf of the City. The Mayor, Controller and Clerk may, by their execution of the Amendment and any other documents requiring their signatures and imprinting of their facsimile signatures thereon, approve any and all such changes therein and also in the Original Agreement and any other documents without further approval of this Common Council or the Commission if such changes do not affect terms set forth in Sections 27(a)(1)through and including (a)(10) of IC 36-7-12. Section 4. The provisions of this ordinance, the Original Agreement and the Amendment shall constitute a contract binding between the Issuer and the Borrower. Section 5. All ordinances, resolutions and orders, or parts thereof, in conflict with the provisions of this ordinance are, to the extent of such conflict, hereby repealed. Section 6. It is hereby determined that all formal actions of the Common Council relating to the adoption of this ordinance were taken in one or more open meetings of the Common Council,that all deliberations of the Common Council and of its committees, if any,which resulted in formal action, were in meetings open to the public, and that all such meetings were convened, held and conducted in compliance with applicable legal requirements, including IC 5-14-1.5, as amended. Section 7. The Mayor, Controller, and Clerk, and any other officer of the City are hereby authorized and directed, in the name and on behalf of the City,to execute and deliver such further documents and to take such further actions as such person(s)deem(s)necessary or desirable to effectuate the purposes of this ordinance, and any such documents heretofore executed and delivered and any such actions heretofore taken, be, and hereby are, ratified and approved. 2- 4915-3888-6458.1 Section 8. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. Passed and adopted by the South Bend Common Council this 9th day of June, 2025. Canneth Lee, Council President South Bend Common Council Attest: Bianca Tirado,City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of June, 2025, at o'clock_. m. Bianca Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of June, 2025. at o'clock m James Mueller, Mayor City of South Bend, Indiana 3- 4915-3888-6458.1 Filed in Clerk's Office JUN 6 3 2'125 AMENDMENT NO. 1 TO LOAN AGREEMENT Bianca Ttrado City Clerk, South Bend, IN This AMENDMENT NO. 1 TO LOAN AGREEMENT, dated as of June 1, 2025 Amendment") between DELTA VENTURES LTD., an Indiana Nonprofit Corporation duly organized and existing and authorized to do business under the laws of the State of Indiana, under common control with Monreaux LLC ("Borrower"), and the CITY OF SOUTH BEND, INDIANA ("Issuer"), a municipal corporation duly organized and validly existing under the laws of the State of Indiana. WHEREAS, the Issuer issued its forgivable Taxable Economic Development Revenue Note, Series 2023 ("Series 2023 Note") in the aggregate principal amount of$2,300,000; and WHEREAS, the Borrower entered into a Loan Agreement with the Issuer dated as of December 1, 2023 ("Original Agreement"); WHEREAS,the Borrower has consented to the amendments as described herein; and WHEREAS, the parties now desire to amend the Original Agreement; THE BORROWER AND THE ISSUER HEREBY COVENANT AND AGREE AS FOLLOWS: Section 1. The Issuer and the Borrower hereby agree to revise the maximum issuance amount of the Series 2023 Note from $2,300,000 to an amount not to exceed $3,300,000 pursuant to the provisions of the Original Agreement, as hereby amended. Section 2. The Issuer and the Borrower hereby agree to increase the maximum private investment total from $13,700,000 to$17,700,000. Section 3. The Issuer and the Borrower hereby agree to amend the definition of the Project as follows: Project" means the construction of site work and infrastructure improvements needed to serve the redevelopment and development 4921-3958-6362.1 of: (i) a four-story building containing at least sixty five thousand 65,000) fifty-six thousand (56,000) square feet which will include Commission; and (ii) a minimum of sixty (60) fifty-seven (57) total apartment units of which no fewer than twenty three (23) twenty-four (24) apartment units will be exclusively available for tenants at fifty percent (50%) or lower of the area median income AMI") and no fewer than an additional twenty three (23)twenty- one(21) apartment units will be exclusively available for tenants at eighty percent (80%) or lower of AMI on certain real estate acquired by the Borrower with an overall investment of approximately $13,700,000 $17,700,000 ("Development"), on certain real estate acquired by the Borrower as set forth on Exhibit B attached hereto, together with all necessary appurtenances, related improvements and equipment, all in or physically connected to the Area." Section 4. This amendment shall be effective upon execution. In all other respects, the Original Agreement shall remain in full force and effect as originally executed. IN WITNESS WHEREOF, the Issuer has caused this Amendment No. 1 to Loan Agreement to be executed in its name by its authorized officers and has caused its corporate seal to be hereunto affixed, and the Borrower has caused this Amendment No. 1 to Loan Agreement to be executed in their names, all as of the date first above written. CITY OF SOUTH BEND, INDIANA By: James Mueller, Mayor By: Kyle Willis, City Controller ATTEST: By: Bianca Tirado, City Clerk 4921-3958-6362.1 ACKNOWLEDGED BY THE SOUTH BEND REDEVELOPMENT COMMISSION, as Third- Party Beneficiary By: Troy Warner, President Attest: By: Eli Wax, Secretary 4921-3958-6362.1 DELTA VENTURES LTD., an Indiana nonprofit corporation By: Printed: Title: Director THE MONREAUX LLC, an Indiana limited liability company By: Printed: Title: Managing Member This instrument prepared by Lisa A. Lee, Ice Miller LLP, One American Square, Suite 2900, Indianapolis, Indiana 46282-0200. 4921-3958-6362.1 June 2, 2025 City of South Bend PLAN COMMISSION Honorable Committee Chair Oliver Davis 4th Floor, County-City Building South Bend, IN 46601 RE: 2018 S MAIN STREET, 2020 S MAIN STREET PC#0258-25 Dear Committee Chair Dr. Davis: County-City Building 227 W. Jefferson Blvd. 1400S South Bend, IN 46601 (57 4) 235-7627 www.southbendin.gov/zoning Filed in Clerk's Office JUN U 3 2025 Bianca Tirado City Clerk, South Bend, IN Enclosed is an Ordinance for the proposed Zone Map Amendment at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your June 9, 2025, Council meeting and set it for second reading on June 23, 2025 and third reading on June 23, 2025 Council meetings. The petition is tentatively scheduled for public hearing at the June 16, 2025, South Bend Plan Commission meeting. The recommendation of the South Bend Plan Commission will be forwarded to the Office of the City Clerk by noon on the day following the public hearing. The petitioner provided the following to describe the proposed project: The Redevelopment Commission and KCG are applying for Low Income Housing Tax Credits (LIHTC) to develop 50 units of affordable housing on the site in question. The site is in close proximity to a variety of neighborhood services and amenities, including transit, schools, restaurants, and shops. The proposed four (4) story building would include a mix of 1-, 2-, & 3-bedroom units. Amenities are anticipated to include a community room, fitness center, and on-site management office. There will be on-site surface parking. If you have any questions, please feel free to contact our office. Sincerely, (n)M Tim Staub Zoning Specialist Tim Corcoran Planning Director Tim Corcoran lntenin Zoning Administrator Scott Ford Commission President 37-25 City of South Bend PLAN COMMISSION CC: Bob Palmer City of South Bend PLAN COMMISSION Page 2of2 N OpLANC \ County-City Building s City of South Bend 227 W. Jefferson Blvd. 1400So12>to South Bend, IN 46601 PLAN COMMISSION Bend v/zoni21www.southbendin.gov/zoning S7'7BlK 1o1- Filed in Clerk's Office Wednesday,June 18,2025 J U N 18 2025 South Bend Common Council Bianca Tirado 227 W. Jefferson Blvd.,4'Floor City Clerk, South Bend, IN South Bend,IN 46601 Re: Bill#37-25 - A proposed ordinance of DEPARTMENT OF REDEVELOPMENT CITY OF SOUTH BEND to zone from I Industrial to U3 Urban Neighborhood,property located at 2018 MAIN ST and 2020 MAIN ST,City of South Bend-PC#0258-25 Dear Council Members: I hereby Certify that the above referenced ordinance of DEPARTMENT OF REDEVELOPMENT CITY OF SOUTH BEND was legally advertised on June 6,2025 and that the South Bend Plan Commission at its public hearing on June 16,2025 took the following action: Upon a motion by Caitlin Stevens, being seconded by Sarah Barber and unanimously carried, a proposed ordinance of DEPARTMENT OF REDEVELOPMENT CITY OF SOUTH BEND to zone from I Industrial to U3 Urban Neighborhood,property located at 2018 MAIN ST and 2020 MAIN ST, City of South Bend,is sent to the Common Council with a FAVORABLE recommendation. The staff report is attached.The deliberations of the Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, Minutes of the public hearing are available in our office and will be posted on our website once approved. Sincerely, N Timothy Staub Zoning Specialist Attachment CC: DEPARTMENT OF REDEVELOPMENT CITY OF SOUTH BEND Bob Palmer Tim Corcoran Tim Corcoran Francisco Fotia Planning Director Interim Zoning Administrator Acting Commission President Staff Report— PC#0258-25 June 16, 2025 Property Information Location: 2018 MAIN ST and 2020 MAIN ST Owner: DEPARTMENT OF REDEVELOPMENT CITY OF SOUTH BEND Requested Action Rezone from I Industrial to U3 Urban Neighborhood Project Summary Rezone from I to U3 to permit the construction of stacked flats. Location Map v P 1. i 1 r E BOWMAN S r b,:s; tifilir ' •t" :-..-- _J ;_ il!. iirw,Ig .11' W BOV/MAN ST F i A N h r itjra x a Li") E DONAL S f 40-'., 11 N 1 ct 4 - 0 t.Ln r d r I. II W DONALD ST ,, , it : » '.— e I k 4 iSA 1 lag - 1 1eI ,, __: i4--' 1'''---- 1 ;i:, ., r, i„ , r i ,pli .:101H: 111111F 5. illl••=05,- J i I III 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. SOUTH BEND PLAN COMMISSION Page 1 of 4 Staff Report -PC#0258-25 6/16/2025 Proposed Site Plan t .0,--,--,-1---,-4.-•_47-1''' . i4 4.1-tr,--44--.4*T,' -;!::•,-,."---Q-.-,- --.- ' • 41, i -•:,_,,,,,,,• „I.:, i...; 1 ' f' .! •,.., R,. i ' . 1 . .'• MIL" al I 1 'AP:41PM F I .11! la :415 4:441.1414.161-1 ,,-Inizi 4:1qq.-A I 1—"5, l'A -- 1- -A VI'. # CIIIIIIIIIIIIIIiIIIIIIIIIIII s. mk riiiiiiimillilliii Lill I' r• "t h Ak. •---•••,....---- 3) _ Pr PIPP-4•- --=------ r, r, A' 1—li • '., .-, 2- -4 ''.,-. 3 -._ . '-' '"'—vr: '--- r ... I I 1, -•i it , • 1/ - 1-- ft 4?• ' e. t. 46111XEMMIL•.MAtt IS itilli E.,:.' -....,.n"'... ow firaiwilai, , malwe-, WINA •Al.vd Ha......',: Ai t 1 1 1 oc)11• /L.', 1 5,73."---at,, ,... •,,,i, so ..,..... r,.. l•ro •• . 1co SOUTH BEND PLAN COMMISSION Page 2 of 4 Staff Report-PC#0258-25 6/16/2025 Site & Context Land Uses and Zoning: On site: Vacant parcels that run southward to West Donald Street. North: A sign and a parking lot for a business to the northeast, zoned I Industrial East: Across an unpaved alley, a mixture of commercial and mixed-use buildings and a vacant lot, zoned a mix of NC Neighborhood Center and C Commercial. South: Across Donald Street, detached homes and a vacant lot on the south side of the street, zoned I Industrial West: Across Main Street, a metal working facility, zoned I Industrial. District Intent: The U3 District is established to provide for, promote, and maintain the development of a full range of housing types located near neighborhood centers and along major streets in urban neighborhoods in core and outlying areas of the City. Site Plan Description: The site will feature a four (4) story building that will include a mix of 1-, 2-, & 3- bedroom units. Amenities are anticipated to include a community room, fitness center, and on-site management office. There will be on-site surface parking. Zoning and Land Use History and Trends: On this property from 1917 to at least 1966 were several detached homes and a mixed use structure. Afterwards, those homes were slowly torn down and replaced by an industrial structure operated by the American Iron and Steel Institute after 1973. This structure was demolished before 2013 and the parcel was left vacant. Traffic and Transportation Considerations: At this site, Main Street is about 40' in width with on-street parking on the east side. Donald Street is 30' in width with on street parking on one side. A sidewalk buffers the whole block. There is a Transpo Bus Stop on the corner of Main & Bowman for the 6 Bus and the 8/6 Bus. Agency Comments Agency Comments: Water and sewer service would be from Main Street. There are smaller 6-inch mains fronting Donald and Main Streets with a 24-inch transmission main in the alley. A 10-inch sewer exists on Donald and it carries to a 15-inch sewer on Michigan Street. Main Street has a 24-inch sewer preferred location for their sewage flow).There is minimal street lighting along this block. It would be important to consider new light poles in the public right-of-way along this block since this will be a residential development. Staff Comments: No additional comments at this time Criteria for Decision Making Rezoning Per State Law, the Plan Commission and Common Council shall pay reasonable regard to: SOUTH BEND PLAN COMMISSION Page 3 of 4 Staff Report-PC#0258-25 6/16/2025 1. Comprehensive Plan: Policy Plan: The petition is consistent with the City Plan, South Bend Comprehensive Plan (2006), Objective H 1: 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: The Future Land Use Map (2006) identifies this area for Light Industrial. Light industrial uses are less intensive than heavy industrial uses and tend to be more consumer oriented and smaller scale. Plan Implementation/Other Plans: None. 2. Current Conditions and Character: The surrounding neighborhood is mostly light industrial and commercial uses along the Michigan and Main Street corridors with smaller scale residential neighborhoods, the Southeast Neighborhood and Rum Village Neighborhood, just beyond. 3. Most Desirable Use: The most desirable use is an activation of the parcel that has been vacant for several years, this includes multi-unit housing. 4. Conservation of Property Values: Developing a new residential project on currently vacant land should contribute to the growth and value of the surrounding properties. 5. Responsible Development and Growth: It is responsible to allow multi-unit residential development along key transportation corridors that could activate vacant parcels. Analysis & Recommendation Commitments: No commitments are proposed at this time. Analysis: Zoning this property to U3 Urban Neighborhood 3 activates a dormant parcel along a major transportation and commercial corridor in the city. It should serve as a stitch improving the links between the Southeast Neighborhood and the Rum Village Neighborhood while encouraging the growth of nearby businesses. Recommendation: Based on information available prior to the public hearing, the staff recommends the Plan Commission approve the development variance and send the rezoning petition and use variance to the Common Council with a favorable recommendation. SOUTH BEND PLAN COMMISSION Page 4 of 4 BILL NO. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED 2018 S MAIN STREET,2020 S MAIN STREET COUNCILMANIC DISTRICT NO.3 IN THE CITY OF SOUTH BEND,INDIANA STATEMENT OF PURPOSE AND INTENT The Redevelopment Commission and KCG are applying for Low Income Housing Tax Credits LIHTC)to develop 50 units of affordable housing on the site in question. The site is in close proximity to a variety of neighborhood services and amenities, including transit, schools, restaurants,and shops. The proposed four(4)story building would include a mix of 1-,2-,&3-bedroom units.Amenities are anticipated to include a community room,fitness center,and on-site management office.There will be on-site surface parking. NOW,THEREFORE,BE IT ORDAINED by the Common Council of the City of South Bend, Indiana,as follows: SECTION I. Ordinance No. 10689-19, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend,Indiana,be and the same hereby amended in order that the zoning classification of the following described real estate in the City of South Bend,St. Joseph County,State of Indiana: Lot 29 Bowmans Add To Town Myler Now Pt City South Bend Lots 24 And 25 Bowman Add To The Town Of Myler Lot 26 Thru 28 Bowman Add To Town Of Myler Now Pt Of City Of So Bend be and the same is hereby established as Urban Neighborhood 3(U3)District Chapter 21- 03.05 SECTION II. This ordinance is and shall be subject to commitments as provided by Chapter 21-12.07(0(7)Commitments,if applicable. SECTION III.This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the mayor,and legal publication,and full execution of any conditions or Commitments placed upon the approval. Canneth Lee,Council President South Bend Common Council Attest: Filed in Clerk's Office Bianca Tirado,City Clerk J I N U 3 0?75OfficeoftheCityClerk Bianca Tirado City Clerk, South Bend, IN Presented by me, the undersigned Clerk of the City of South Bend,to the Mayor of the City of South Bend, Indiana on the day of 2025,at o'clock .m. Bianca Tirado,City Clerk Office of the City Clerk Approved and signed by me on the day of 2025,at o'clock m. James Mueller,Mayor City of South Bend,Indiana 2- City of South Benc 1 i vv. Jerrerson - . uite 141JU Juth Bend, IN 46601 PLAN COMMISSION zoning@southbendin.gov Petition for Rezoning or Combined Public Hearing Property Information Tax Key Number: 018-8011-0484, 018-8011-050001, 018-8011-0500 Address: 2018 S Main St., 2020 S Main St., 18 VAC LO 96X165 MAIN ST Owner: City of South Bend Department of Redevelopment Legal Description: Lot 29 Bowmans Add To Town Myler Now Pt City South Bend Lot 26 Thru 28 Bowman Add To Town Of Myler Now Pt Of City Of So Bend Lots 24 And 25 Bowman Add To The Town Of Myler Project Summary The Redevelopment Commission is working with KCG to apply for Low Income Housing Tax Credits to develop 50 units of affordable housing on the site located at W.Donald and S. Main in South Bend.This site is located in close proximity to a variety of neighborhood services and amenities includes schools restaurants,and shops.A bus stop is adjacent to the site for easy access for residents. The proposed building would include a mix of 1-,2-,and 3-bedroom units in a four-story building.Amenities are anticipated to include a community room, fitness center,and on-site management office.There will be on-site surface parking. Requested Action Application includes (check all that apply) x Rezoning Current District: I Industrial Additional Districts, if applicablE Proposed District U3 Urban Neighborhood 3 Additional Districts, if applicablE The Plan Commission and Council will consider the following in the review of a rezoning petition: 1) The comprehensive Plan; 2) Current conditions and the character of the current structures and uses in each district; 3) The most desirable use for which the land in each district is adapted; 4) The conservation of property values throughout the jurisdiction;and 5) Responsible development and growth. O Subdivision — complete and attach subdivision application Special Exception — complete and attach Criteria for Decision Making Use requested: Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Required Documents Completed Application (including Contact Information) Site Plan drawn to scale Filed in Clerk's Office RFiling Fee Additional documents as noted above JUN U 3 2025 Bianca Tirado City Clerk, South Bend, IN Contact information Property owner(s) of the petition site: Name: City of South Bend Department of Redevelopment Address: 227 W Jefferson Blvd,1400 S,South Bend, IN 46601 Name: Address: Name: Address: Contact Person: Name: Joseph Molnar Address: 227 W Jefferson Blvd, 1400 S,South Bend,IN 46601 Phone Number: 574-245-6022 E-mail: Jrmolnar@southbendin.gov By signing this petition, the Petitioner/Property Owners of the above described Real Estate acknowledge they are responsible for understanding and complying with the South Bend Zoning Ordinance and any other ordinance governing the property. Failure of staff to notify the petitioner of a requirement does not imply approval or waiver from anything contained within the ordinance. The undersigned authorizes the contact person listed above to represent this petition before the South Bend Plan Commission and Common Council and to answer any and all questions related to this petition. Property Owner( ) Signatures: A I c 2U1 G tit 1 is i Lir j 4.... :_)' Ete: r----v---1 ''94' ''. ' . 71 1 . ' Fcn II tlyyviiii I _— Y 1 a w. ..Sla 20 25 4.1 Ti -- log P limo ii 4r W a i X- it.1 s, '24 4, T i x` i. yC F4Er i I t P. 1 I.'t M_ ®ST. JOSEPH COUNTY CITY OF SocTH BE�D BUILDING DEPARTMENT June 3, 2025 Honorable Sheila Niezgodski 4th Floor, County-City Building South Bend, IN 46601 RE: Submission of Updated Building Ordinance Dear Chair Niezgodski, Filed in Clerk's Office JUN U 4 2025 Bianca Tirado City Clerk, South Bend, IN Enclosed for your review is a proposed updated Building Ordinance intended to replace the current ordinance in effect. This updated version has been carefully developed to ensure the long-term viability and effectiveness of the Building Department. The revised ordinance includes significant updates related to financial security, interdepartmental coordination, enhanced compliance with state laws, and streamlined procedural operations. These changes are designed to better serve the needs of our community while supporting the continued efficiency of departmental functions. I respectfully request that this ordinance be placed on the Council agenda for first reading at your June 9, 2025 meeting, and be scheduled for public hearing, second, and third reading at the June 23, 2025 meeting. A full copy of the proposed ordinance is attached for your reference. Should you have any questions or require additional information, please do not hesitate to contact my office. Sincerely, Randy L. James Building Commissioner CC: Bob Palmer EXCELLENCE ACCOU TABILITY I CVATIO I CLUSIO EMPOWERME 1255.LataycttcBlvd. Su c100 SoutliBcnd. "'d1a·1a46601 .1574.235.9554 t57t\235.55L'.l www.souhbcrci11.gov 38-25 Filed in Clerk's Office JUN U5 2025 Bianca Tirado City Clerk, South Bend, IN Executive Summary: Proposed Revisions to the Building Department Ordinance The proposed ordinance introduces key updates to South Bend's Building Department regulations to improve clarity,efficiency, and alignment with state standards.These changes focus on fee adjustments, procedural enhancements, and updated definitions to support the department's operations and enforcement capabilities.The revisions address longstanding challenges and incorporate best practices to enhance regulatory oversight. Key Changes: 1. Permit Fee Adjustments—The ordinance increases permit fees to account for inflation and generate revenue necessary to support staffing and department programs.The revised fee structure ensures that the costs associated with permit processing, inspections, and enforcement are adequately funded without creating an undue burden on applicants.The adjustments align South Bend's fees with those of comparable municipalities, ensuring sustainable operations.A market analysis comparing permit fees across Indiana municipalities shows that South Bend's proposed fee increase remains competitive white ensuring adequate resources for enforcement and oversight.The revised structure balances the need for revenue generation with fairness to applicants. 2. Alignment with State Definitions—Definitions have been updated to align with the Rules of the Fire Prevention and Building Safety Commission,ensuring consistency in interpretation and enforcement. By adopting these standardized definitions,the ordinance minimizes ambiguities that can lead to inconsistent enforcement and administrative inefficiencies.This alignment also facilitates coordination between local and state agencies. 3. Inspection Protocol Enhancements—Clearer guidelines for inspections have been introduced to improve consistency, efficiency, and compliance enforcement.The revised protocols define the roles and responsibilities of inspectors, outline inspection timelines, and set clear expectations for permit holders.Additionally,the ordinance includes measures to improve communication between inspectors and contractors, reducing delays and disputes. 4. Stop Work Order and Cease and Desist Capability—The ordinance strengthens enforcement measures by formally establishing stop work orders and cease and desist directives.This provision grants the Building Commissioner the authority to halt construction activities that violate regulations,ensuring immediate compliance and mitigating safety risks. 5. Abandoned Construction Projects—A new process has been established to address stalled or abandoned construction projects, providing a structured approach to enforcement and resolution.The ordinance sets criteria for identifying abandoned projects and outlines steps for securing sites, notifying responsible parties,and, if necessary, enforcing corrective actions.This provision ensures that incomplete projects do not become long-term safety hazards or contribute to urban blight. 6. Expanded Inspection and Investigation Authority—Under Sec.6-4.8,the Building Commissioner is granted the authority to inspect all construction, regardless of whether a building permit has been obtained.This ensures compliance with building standards and the Fire Prevention and Building Safety Commission's rules.The provision clarifies that these inspections do not impose stricter requirements than state regulations but serve to uphold existing safety and construction standards. 7. Building Demolition Process Alignment with IDEM—The ordinance refines demolition procedures to align with state law and Indiana Department of Environmental Management IDEM) regulations.This ensures consistency in handling hazardous materials, site remediation, and compliance with environmental standards, streamlining the demolition process for greater efficiency and regulatory adherence. 8. Contractor Registration Reforms—The ordinance removes the requirement for contractor registration boards,clarifies background check procedures, and refines examination requirements, streamlining the registration process. By eliminating redundant oversight boards,the ordinance reduces administrative burdens while maintaining essential vetting procedures. Background checks and testing requirements are now clearly defined, ensuring that only qualified contractors receive registration approval. 9. Process and Administrative Updates—Various procedural changes improve the department's ability to enforce compliance, enhance transparency, and modernize operational practices. Key administrative updates include revised record-keeping requirements, streamlined appeal processes,and enhanced mechanisms for public access to permit and compliance information.The ordinance also establishes digital filing options to increase efficiency and reduce paperwork burdens. 10. Refinement of Mechanical, Electrical, and Plumbing Regulations—The ordinance cleans up and clarifies mechanical, electrical, and plumbing line items to ensure consistency and ease of enforcement.These refinements eliminate outdated language, resolve ambiguities, and align technical requirements with industry standards. 11. Adjustments to Address HEA1005—The ordinance contains additional sections to address new requirements contained in HEA 1005,effective January 1, 2026,pertaining to the use of private providers to perform certain plan review and inspection services. Conclusion These revisions aim to strengthen regulatory oversight, improve service delivery, and ensure the Building Department remains equipped to support South Bend's growth and safety needs. By refining enforcement tools, modernizing administrative procedures, and ensuring fee structures are equitable and sustainable,the ordinance positions the department to better serve residents, contractors,and developers.The changes promote a more efficient permitting process, clearer compliance expectations, and a proactive approach to managing construction-related challenges within the city. Fiicd in Clerk's Office J U N U it2025 BILL NO. Bianca Tirado ORDINANCE NO.City Clerk,South Bend, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING ARTICLES 1 THROUGH 7 AND ARTICLE 11 OF CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE TO UPDATE REGULATIONS GOVERNING THE BUILDING DEPARTMENT STATEMENT OF PURPOSE AND INTENT Chapter 6 of the South Bend Municipal Code provides the regulations governing the operations of the Building Department within the City of South Bend, among other topics. The proposed ordinance provides key updates to the Articles within Chapter 6 pertaining to the Building Department to address topics such as fee adjustments, procedural improvements, definition updates, and process clarifications in order to support the Building Department's operations and enforcement capabilities. The proposed ordinance increases permit fees to account for inflation and generate revenue necessary to support Building Department operations. The revised fee structure ensures that the costs associated with permit processing, inspections, and enforcement are adequately funded without creating an undue burden on applicants. The proposed ordinance updates definitions to align with state definitions to ensure consistent application and enforcement and minimize ambiguities in interpretation. The proposed ordinance clarifies operational cooperation between the Building and Fire Department in promoting compliance. It also clarifies the process for issuing a stop work order, identifying abandoned projects, and the Building Department's inspection authority. The proposed ordinance provides for a red tag and citation cadence for enforcement of violations of the Building Code to ensure effective enforcement. The proposed ordinance also clarifies demolition requirements, including compliance with Indiana Department of Environmental Management requirements, access to the right-of-way, handling of construction and demolition waste, and leaving the site in a buildable state. The proposed ordinance clarifies the process for contractor registrations contained in Articles 6 and 7, including the requirements for an application and the process for approval. It also includes requirements for suspending or revoking a registration. The proposed ordinance also contains updated fee schedules for mechanical, plumbing, and electrical permits to ensure that the fee schedules set forth in the ordinance align with Building Department forms to avoid confusion. Page 1 of 42 The proposed ordinance also addresses new requirements adopted by the Indiana General Assembly to take effect on January 1,2026 applicable to Class 2 structures requiring municipalities to allow private providers to perform certain plan reviews and inspections. This ordinance amendment is necessary for the effective, efficient administration of the Building Department. This ordinance is in the best interest of the City and its residents. NOW,THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. Articles 1 through 7 and 11 of Chapter 6 shall be amended as follows: ARTICLE 1. GENERAL PROVISIONS As used in this chapter: 1) Building Code means the provisions of this chapter and the standard state-wide Building Codes as adopted by reference in this chapter, and as amended by this chapter. 2) Building Official, code official, and Building Commissioner mean the City of South Bend's Building Commissioner or their designee. 3) City means the City of South Bend, Indiana. 4)"Class 1 structure" has the meaning ascribed thereto in IC 22-12-1-4. 5)"Class 2 structure"has the meaning ascribed thereto in IC 22-12-1-5. 6) "Commission" has the meaning ascribed thereto in IC 22-12-1-6. 7) '`Construction"has the meaning ascribed thereto in IC 22-12-1-7. 8) Department means the City of South Bend's Building Department. 9) '`Industrialized building system"has the meaning ascribed thereto in IC 22-12-1-14. 10) "Manufactured home" has the meaning ascribed thereto in IC 22-12-1-16. Editor's note(s) Ord. No. 8243-92, § 1, adopted Feb. 10, 1992, amended Ch. 6, Arts. 1-10 to read as herein set out. Prior to amendment, Arts. 1-10 contained §§ 6-1-6-4, 6-4.1-6- 4.5, 6-5, 6-6, 6-6.1-6-6.3, 6-6.3.5, 6-6.5, 6-7, 6-7.1, 6-7.2, 6-8, 6-8.1, 6-9-6-25, 6-36, 6- 36.1-6-36.3, 6-37-6-44, which pertained to similar subject matter. For a comprehensive listing of the ordinances from which Arts. 1-10 derived, please refer to the Code Comparative Table in the back of this Code book. Cross reference(s)—Plumbing permit fees, § 6-10(c); plumbing contractors'registration fees, § 6-10(d)(2)(b); heating, air conditioning and ventilating contractors' registration fees, § 6- 36(i); installation fees for heating, ventilating air conditioning and refrigeration equipment, 6-36.3(c). State law reference(s)—Building Code compliance and enforcement, IC 36-7-9-1 et seq.; power of Council to regulate building, IC 36-7-10-2. Page 2 of 42 11) "Mobile structure" has the meaning ascribed thereto in IC 22-12-1-17. 12) "Person" has the meaning ascribed thereto in IC 22-12-1-18. 13) "Structure" means both Class 1 and Class 2 structures, unless specifically stated otherwise. 14) "Temporary structure" has the meaning set forth in 675 IAC 12-6-2 (f). 15) "Vehicular bridge' has the meaning ascribed thereto in IC 22-12-1-26. Terms not defined": Where terms are not defined in this Ordinance and are defined in the General Administrative Rules, Indiana Building Code, Indiana Fire Code. Indiana Mechanical Code and Indiana Fuel Gas Code, such terms shall have the meanings ascribed to them as in those codes. Where terms are not defined through the methods authorized, such terms shall have ordinarily accepted meanings such as the context implies. Ord. No. 8243-92, § 1) Nothing contained in this chapter shall be deemed to reduce, limit, or remove any of the power or authority of the County Health Department,the Health Officer or the Chief of the Fire Department. Ord. No. 8243-92, § 1) Nothing contained in this chapter shall be deemed to reduce or remove any pertinent provisions of other ordinances or laws now in effect unless specifically designated in this chapter or unless such provisions are less restricted than similar provisions of this chapter. Ord. No. 8243-92, § I) a) No person shall build or construct any new building or structure, or alter, repair, remodel, demolish, or move an existing structure, or install a sign, billboard, fence, in-ground pool, or wood burning stove within the City without obtaining, in advance, a permit from the Department. b) Withhold issuance of permits. 1) Whenever a person owes fees to the Building Department(including checks returned for insufficient funds, permit fees owed pursuant to the South Bend Municipal Code, or inspection fees owed pursuant to the South Bend Municipal Code) applies for or otherwise seeks to obtain a building permit, the Building Commissioner shall withhold the issuance of a building permit to such person until such time that all fees are paid or are no longer due and owing by operation of law. 2) Whenever a person applies for a building permit for a structure that is not being used or constructed in conformance with the Zoning Ordinance or any other ordinance relating to land use, the Building Commissioner shall withhold the issuance of the requested building permit until such time that the structure is brought into conformance with all applicable ordinances; provided, however, that if additional construction is Page 3 of 42 necessary to achieve compliance,the Building Commissioner is authorized to permit such construction, which shall be performed in accordance with all applicable laws and subject to regulation and enforcement by the Building Department. c) Permit revocation. The Building Commissioner shall revoke a building permit when any of the following is applicable: I) The application, plans or supporting documents contain a false statement or misrepresentation as to a material fact; 2) The application, plans or supporting documents reflect a lack of compliance with building standards and procedures; 3) There is a failure to comply with any provisions of state or local law; or 4) The structure for which the building permit has been issued is not being used or constructed in compliance with the Zoning Ordinance or any other ordinance relating to land use. d) Where a building permit for a building or structure has been issued prior to the effective date of the ordinance from which this section is derived, and provided that construction begins within six(6) months of the effective date and is diligently performed to completion, that building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued, and further, may, upon completion, be occupied under a certificate of occupancy for the use for which was originally designated, subject thereafter, if applicable, to the provisions herein for nonconforming buildings, structures, and uses. e) Unless otherwise provided in the Building Code,the fees to be charged for the issuance of permits by the Department shall be paid at the time the permit is issued. 1) The fee for permits issued for residential and commercial new construction and building additions shall be based upon the following: a. Cost per Square Foot (CSF)times the total square footage(TSF) times the Local Variable Factor(LVF)of$0.00098, rounded down to the nearest whole dollar. b. Cost per square foot(CSF) shall be determined by the International Code Council Building Valuation Table in effect in January of each year. c. The cost per square foot(CSF) by occupancy classifications shall be amended as follows: I. Groups F-1, F-2, H-1, H-2, H-3, H-4, and M shall have the same rate as A-3. 2. Groups 1-4, R-2, and R-4 shall have the same rate as I-I. 3. Groups S-1, S-2, and U shall have the same rate as R-3. d. Minimum fee—Sixty dollars ($60.00). 2) Permits issued for all alterations, repairs, remodeling of existing structures over five hundred dollars($500.00), fence installations, swimming pool installations, communication towers, and utilities, as verified by the submitted documentation shall be subject to the following fee schedule: Estimated Construction Costs Permit Fees 1.00 to$3,000.00 60.00 3,001.00 to 4.000.00 65.00 4,001.00 to 5,000.00 70.00 5,001.00 to 6,000.00 75.00 6.001.00 to 7.000.00 80.00 7,001.00 to 8,000.00 85.00 8,001.00 to 9,000.00 90.00 Page 4 of 42 9,001.00 to 10,000.00 95.00 10,001.00 to 11,000.00 100.00 11,001.00 to 12,000.00 105.00 12,001.00 to 13,000.00 110.00 13,001.00 to 14,000.00 115.00 14,001.00 to 15,000.00 120.00 15,001.00 to 16,000.00 125.00 16,001.00 to 17,000.00 130.00 17,001.00 to 18.000.00 135.00 18.001.00 to 19,000.00 140.00 19,001.00 to 20,000.00 145.00 20,001.00 to 21,000.00 150.00 21,001.00 to 22,000.00 155.00 fl 22,001.00 to 23,000.00 160.00 23,001.00 to 24,000.00 165.00 24,001.00 to 25,000.00 170.00 25,001.00 to 26,000.00 175.00 26.001.00 to 27,000.00 180.00 27,001.00 to 28,000.00 185.00 28,001.00 to 29,000.00 190.00 29,001.00 to 30,000.00 195.00 30,001.00 to 31,000.00 200.00 31,001.00 to 32,000.00 205.00 32.001.00 to 33,000.00 210.00 33,001.00 to 34,000.00 215.00 34,001.00 to 35,000.00 220.00 35,001.00 to 36,000.00 225.00 36,001.00 to 37,000.00 230.00 37,001.00 to 38,000.00 235.00 38,001.00 to 39,000.00 240.00 39,001.00 to 40,000.00 245.00 40,001.00 to 41,000.00 250.00 41,001.00 to 42,000.00 255.00 42,001.00 to 43,000.00 260.00 43,001.00 to 44,000.00 265.00 44.001.00 to 45,000.00 270.00 45,001.00 to 46,000.00 275.00 46,001.00 to 47,000.00 280.00 47,001.00 to 48,000.00 285.00 48,001.00 to 49,000.00 290.00 49,001.00 to 50,000.00 295.00 50,001.00 to 51,000.00 300.00 51,001.00 to 52.000.00 305.00 52,001.00 to 53.000.00 310.00 53,001.00 to 54,000.00 315.00 54,001.00 to 55.000.00 320.00 55,001.00 to 56,000.00 325.00 56,001.00 to 57,000.00 330.00 57,001.00 to 58,000.00 335.00 58,001.00 to 59,000.00 340.00 59.001.00 to 60,000.00 345.00 Page 5 of 42 60,001.00 to 61,000.00 350.00 61,001.00 to 62,000.00 355.00 62,001.00 to 63,000.00 360.00 63,001.00 to 64,000.00 365.00 64,001.00 to 65,000.00 370.00 65.001.00 to 66,000.00 375.00 66,001.00 to 67,000.00 380.00 67,001.00 to 68,000.00 385.00 68,001.00 to 69,000.00 390.00 69,001.00 to 70,000.00 395.00 70,001.00 to 71,000.00 400.00 71,001.00 to 72.000.00 405.00 72,001.00 to 73,000.00 410.00 1 73,001.00 to 74,000.00 415.00 74,001.00 to 75,000.00 420.00 75,001.00 to 76,000.00 425.00 76,001.00 to 77,000.00 430.00 77,001.00 to 78,000.00 435.00 78,001.00 to 79,000.00 440.00 79,001.00 to 80,000.00 445.00 80,001.00 to 81,000.00 450.00 81,001.00 to 82,000.00 455.00 I 82,001.00 to 83,000.00 460.00 83,001.00 to 84,000.00 465.00 84,001.00 to 85,000.00 470.00 85,001.00 to 86,000.00 475.00 86,001.00 to 87,000.00 480.00 87,001.00 to 88,000.00 485.00 88,001.00 to 89,000.00 490.00 89,001.00 to 90,000.00 495.00 90,001.00 to 91,000.00 500.00 91,001.00 to 92,000.00 505.00 92,001.00 to 93,000.00 510.00 93,001_00 to 94,000.00 515.00 94,001.00 to 95,000.00 520.00 95,001.00 to 96,000.00 525.00 96,001.00 to 97,000.00 530.00 97,001.00 to 98,000.00 535.00 98,001.00 to 99,000.00 540.00 99,001.00 to 100,000.00 545.00 100,000 and up 550.00 Plus, per [one] thousand dollars ($1,000.00) of estimated construction cost thereafter, up to one million dollars($1,000,000.00) total estimated construction cost. 0.90 Plus, per one thousand dollars($1,000.00)of estimated construction costs thereafter 0.60 3) Sixty dollars ($60.00) for each reinspection made by department inspectors of commercial and industrial projects. 4) Eighty dollars ($80.00) for each additional final inspection necessitated by the failure to pass the previous final inspection. 5) Reserved. Page 6 of 42 6) Reserved. 7) Sign Permits. Fees shall be charged for the issuance of permits for the installation or erection of freestanding signs; billboards, including outdoor and off-premises signs; fascia signs; marquee or canopy signs and for lettering on buildings as follows: a. Under one (1) square foot or less of display area and embellishments: No fee; b. One(1) square foot to twenty-five(25) square feet of display area and embellishments: Forty dollars ($40.00); c. Twenty-six(26) square feet to fifty(50) square feet of display area and embellishments: Sixty dollars ($60.00); d. Fifty-one (51) square feet to one hundred (100) square feet of display area and embellishments: Eighty-five dollars ($85.00); e. In excess of one hundred (100) square feet of display area and embellishments: One hundred twenty dollars ($120.00); f. Temporary signs: Initial permit, Forty dollars($40.00); each extension of a temporary permit, Forty-five dollars ($45.00). 8) Wrecking and demolition permit fees shall be as follows: a. Residential: 1. $0.02 per square foot, with a minimum fee of Sixty dollars ($60.00). b. Commercial: 1. $0.015 per square foot,with a minimum fee of Sixty dollars ($60.00). 9) Move any one-or two-story building over public streets or alleys: One hundred twenty-five dollars($125.00). 10) Move any building greater than two (2) stories in height over public streets or alleys: One hundred seventy-five dollars ($175.00). 11) The fee for installation of a wood-burning stove shall be sixty dollars ($60.00) per flue including chimney and chimney connector). f) The fees provided in this section shall not include permits for plumbing, heating or electrical installations covered by other provisions of this Code or other ordinances of the City. g) Refunds of fees paid for permits which have been revoked for any reason, or which have expired prior to full completion of work shall not be made; nor shall such fee be applied to reduce the fee of any subsequent permit issued by the Department, including any permit which may be issued for any structure at the same location. h) Where a person shall unlawfully proceed to do any work or construction without a required permit, the applicable permit fees shall be tripled as a penalty. The payment of such penalty shall not release the person in default from any other penalties hereafter provided, nor from compliance with any relevant provisions of the Building Code. i) The Building Commissioner shall periodically review the permit fees charged by the Department, comparing the fees to those charged by other local governmental entities and comparing the total annual fees collected to the annual cost of operating the Building Department. Such a review shall be made at least once every three (3)years. The Building Commissioner shall report the findings and conclusions from such review to the Common Council of the City. Ord. No. 8243-92, § 1; Ord. No. 8931-98, § 1; Ord.No. 9126-00, § 1; Ord. No. 9528-04, §§ 1, 2; Ord. No. 9779-07, § 1, 8-27-07; Ord.No. 1013 7-1 1, § I, 12-12-11; Ord. No. 10394-15, § I, 10-26-15; Ord. No. 10662-19 , § I, 8-26-19) Page 7 of 42 The fees levied by this section shall be paid prior to the issuance or acceptance by the Building Commissioner of any applications filed. I) Tent and Temporary Structures: a. First Term$60.00 b. Renewal$65.00 2) Document Processing/Preparation Fees: Verification Documents$70.00 3) Fire Department Commercial Plan Review Fees: a. Sprinklered Building$348.00 b. Non-sprinklered Building$205.00 c. Addition$253.00 d. Remodel-under$58,001.00 as follows: 1.00 to 1,000.00$45.00 1,001.00 to 2,000.00.$50.00 2,001.00 to 3,000.00$55.00 3,001.00 to 4,000.00$60.00 4,001.00 to 5,000.00$65.00 5,001.00 to 6,000.00$70.00 6,001.00 to 7,000.00$75.00 7,001.00 to 8,000.00$80.00 8,001.00 to 9,000.00$85.00 9,001.00 to 10,000.00$90.00 10,001.00 to 11,000.00$95.00 11,001.00 to 12,000.00$100.00 12,001.00 to 13,000.00$105.00 13,001.00 to 14,000.00$110.00 14,001.00 to 15,000.00$115.00 15,001.00 to 16,000.00$120.00 16,001.00 to 17,000.00$125.00 17.001.00 to 18,000.00$130.00 18,001.00 to 19,000.00$133.00 19,001.00 to 20,000.00$136.00 20,001.00 to 21,000.00$139.00 21,001.00 to 22,000.00$142.00 22,001.00 to 23,000.00$145.00 23,001.00 to 24,000.00$148.00 24,001.00 to 25,000.00$151.00 25,001.00 to 26,000.00$154.00 26,001.00 to 27,000.00$157.00 27,001.00 to 28,000.00$160.00 28.001.00 to 29,000.00$163.00 29,001.00 to 30,000.00$166.00 30,001.00 to 31,000.00$169.00 31,001.00 to 32,000.00$172.00 32,001.00 to 33,000.00$175.00 33,001.00 to 34,000.00$178.00 34,001.00 to 35,000.00$181.00 35,001.00 to 36,000.00$184.00 36,001.00 to 37,000.00$187.00 37,001.00 to 38,000.00$190.00 38.001.00 to 39,000.00$193.00 39,001.00 to 40,000.00$196.00 40,001.00 to 41,000.00$199.00 41,001.00 to 42,000.00$202.00 42,001.00 to 43,000.00$205.00 43,001.00 to 44,000.00$208.00 44,001.00 to 45,000.00$211.00 Page 8 of 42 45.001.00 to 46,000.00$214.00 46,001.00 to 47,000.00$217.00 47,001.00 to 48,000.00$220.00 48,001.00 to 49,000.00$223.00 49,001.00 to 50,000.00$226.00 50,001.00 to 51,000.00$229.00 51,001.00 to 52,000.00$232.00 52,001.00 to 53,000.00$235.00 53,001.00 to 54,000.00$238.00 54,001.00 to 55,000.00$241.00 55,001.00 to 56.000.00$244.00 56,001.00 to 57,000.00$247.00 57,001.00 to 58,000.00$250.00 e. Remodeling over$58,000$253.00 All of the above include a$15.00 Processing Fee. 4) Northeast Neighborhood Development Area Overlay Zoning District a/k/a Northeast Neighborhood Development Area Design Review Fees: Required for all standalone residential or commercial new construction, in addition to and separate from any other permit, processing, or review fee: $160.00 The Department's review or processing of all of the above listed matters is subject to form and submission requirements which are available for inspection in the office of the Building Department, and viewable on the City website, www.southbendin.gov. 5) Engineering Review Fees: a. Downspout/Drainage Disconnection Check: Field check to determine whether building or site discharges stormwater through pipe conveyance into City sewer system. 1) Previously Confirmed Disconnect: exempt 2) Single-Use Residential: $20.00* 3) Other: $50.00* Downspout/Drain Disconnection Fee shall be waived until January 1, 2018. b. Drainage Review (Required of all non-single-use residential) $150.00 c. Utility Verification Fee $50.00 Ord. No. 9779-07, § III, 8-27-07; Ord. No. 9902-09, § I, 2-9-09; Ord. No. 10137-11, § II, 12-12- 11; Ord. No. 10177-12, § I, 8-13-12; Ord. No. 10394-15, § II, 10-26-15; Ord. No. 10403-15, I, 11-23-15; Ord. No. 10575-18 , § II, 1-22-18) At least two(2)copies of the Building Code, together with amendments and supplements thereto, shall be kept in the Department office for public inspection. Ord. No. 8243-92, § 1; Ord.No. 9779-07, § II, 8-27-07) Sec. 6-4.3. Enforcement by Building Department. a) The Building Department, with the assistance of the South Bend Fire Department as necessary or required, is the City agency to administer and enforce the rules,regulations,and code adopted and promulgated under this chapter. b) No building permit will be issued to a person that would cause a violation of IC 22-15-3-7. c) This building code does not apply to an industrialized building system or mobile structure that is certified under IC 22-15-4. Page 9 of 42 d) Whenever a person applies for a building permit for a Structure that is not being used or constructed in conformance with applicable provisions of an applicable zoning ordinance or other ordinance relating to land use,the Building Commissioner is authorized to withhold the issuance of requested permit(s)until such time that the property is brought into conformance with applicable ordinances. e) Stop Work Order l) The Building Commissioner may issue an order requiring suspension of the pertinent Construction(stop-work order) in accordance with this section.A stop-work order may also take the form of a cease and desist order. i. The stop work order shall: I. Be in writing. 2. State with specificity the Construction to which it is applicable and the reason for its issuance. 3. Be posted on the property in a conspicuous place. 4. Identify the specific law,order,or interpretation upon which the finding of noncompliance is based,specifying the edition,chapter,and section of any applicable building or fire codes. 5. The stop-work order shall state the conditions under which Construction may be resumed. ii. If practicable,the stop work order shall be given to: I. The person doing the Construction; and 2. To the owner of the property or the owner's agent. iii. The Building Commissioner may issue a stop-work order if: 1. Construction is proceeding in an unsafe manner, including, but not limited to, in violation of any standard set forth in this Ordinance or any state or federal law pertaining to safety during Construction. 2. Construction is occurring in violation of this Ordinance or in such a manner that if Construction is allowed to proceed, there is a reasonable probability that it will be substantially difficult to correct the violation. 3. Construction for which a building permit is required is proceeding without a building permit being in force. The issuance of a stop-work order shall in no way limit the operation of penalties provided elsewhere in this ordinance.(Ord. No. 8243-92, § 1; Ord. No. 9779-07, § II, 8-27- 07) a) The Mayor shall appoint a Building Commissioner, who shall hold at least a bachelor's degree in architecture, mechanical, civil, electrical, or structural engineering from an accredited college or university or shall have at least ten(10)years' progressively responsible experience and a thorough knowledge of the codes adopted by reference by this chapter. The Building Commissioner must obtain a Certified Building Official certification by the International Code Council within two(2)years of appointment. b) In addition to other duties as assigned, and unless prevented from doing so by any federal, state, or local law, the Building Commissioner shall: 1) Issue or deny all permits from the Department, after review of applications, plans, diagrams, and other documents required by the Department to determine compliance with and enforcement of this chapter. Page I of 42 2) Issue stop-work orders where work on a building or structure is occurring in violation of this chapter. 3) Issue or deny certificates of occupancy, in accordance with provisions of the Building Code and Section 6-6.2, of the South Bend Municipal Code. 4) Exercise powers and perform duties accorded the local Building Official under the rules, regulations, and codes adopted and promulgated under this chapter. Ord. No. 8243-92, § 1; Ord. No. 9779-07, § II, 8-27-07; Ord. No. 10225-13, § I, 3-25-13; Ord. No. 10701-20 , § I, 1-27-20) a) The Director of the Department shall submit a report to the Mayor annually, covering the work of the Department during the preceding year. The report shall include recommendations for amendments to the Building Code. b) The Department shall keep a permanent, accurate account of all fees and other monies collected and received, the names of persons upon whose account the fees and monies were paid, the date and amount thereof, and the location of the building or premises to which they relate. Ord. No. 8243-92, § 1; Ord.No. 9779-07, § II, 8-27-07)(c) Records of advanced structural systems shall be submitted to all necessary departments and/or agencies as outlined in IC 22-11-21. a) Definitions. As used in this section: 1) Conflict of Interest means a direct or indirect financial interest in the issuance of a permit. 2) Permit means: a. An improvement location permit. b. A building permit. c. A certificate of occupancy. d. Approval of a site-specific development plan. e. Approval of a primary or secondary plat. f. Approval of a contingent use, conditional use, special exception or special use. g. Approval of a planned unit development. b) No Department employee shall undertake or submit a bid by himself or with others that would engage in or directly or indirectly be connected with the furnishing of labor, materials or appliances for the erection, construction, enlargement, alteration, repair, moving, improving, removing, conversion, demolition, equipping, or maintenance of a building or structure or the preparation of plans or specifications therefor, when such building or structure is subject to the provisions of the Building Code, unless such employee is the owner of such building or structure. c) The Building Commissioner, a building code official, or an inspector may not issue or oversee the issuance of a Permit if he or she has a Conflict of Interest. d) If a building code official or an inspector has a Conflict of Interest, he or she must promptly report the Conflict of Interest to the Building Commissioner, who shall immediately report Page I I of 42 the Conflict of Interest to the head of the Law Department. If the Building Commissioner has a Conflict of Interest, he or she must report the Conflict of Interest to the head of the Law Department. e) Promptly upon receipt of a report of a Conflict of Interest, the head of the Law Department, or a duly-authorized member of the Law Department, shall appoint a qualified temporary replacement to issue or oversee the issuance of the Permit. This individual must not also have a Conflict of Interest. Ord.No. 8243-92, § 1; Ord.No. 9779-07, § II, 8-27-07; Ord. No. 10701-20 , § II, 1-27-20) a) All permits issued by the Building Department, except where stricter limits are specifically stated in this chapter or in the Zoning ordinance, shall be valid when work is started within six(6)months from the date of issuance and completed within one (1)year. b) By request, an extension of six(6) months may be granted, with a maximum of two(2) such extensions. 1) If work is not completed within two (2)years from the date of issuance, a new permit shall be required. The fees for building permits shall be based on the cost of completion of the work. The fees for all other permits shall be based on the apparatus, equipment, and/or wiring being installed or performed in accordance to the fees listed for that work in this chapter. c) Where work has started to construct a structure, but no work has taken place within two years and where a certificate of occupancy not been issued, that jobsite may be considered as abandoned and an order may be issued by the code official to remove the structures or, at the discretion of the commissioner, be referred to Neighborhood Services and Enforcement to be processed under the Unsafe Building Act. Failure to remove a structure, if ordered pursuant to this subsection, shall be subject to citation for violation of the Municipal Code. Ord. No. 9902-09. § II, 2-9-09) Sec.6-4.8 Inspections and Investigations All Construction is subject to periodic inspections by the Building Commissioner irrespective of whether a building permit has been, or is required to be, obtained for the purposes of determining whether the structure meets building standards and procedures and ascertaining whether the construction and procedures have been accomplished in a manner consistent with this Building Ordinance and the rules of the Fire Prevention and Building Safety Commission. Nothing in this Code shall be considered a conflict of or more stringent than the rules of the Fire Prevention and Building Safety Commission as set forth in I.C. 22-12-2-5(b). Sec.6-4.9 Class 2 Structure Permits,Plan Review,and Inspections a) This section shall apply effective January 1, 2026 and only to Class 2 structures and applies only in those circumstances when the City requires a building permit, plan review, or inspection for the construction of a Class 2 structure b) Where this Section applies, the plan review or inspection required under subsection (a) shall be allowed to be conducted by either: 1) An individual employed by the City as a building inspector; Page 12 of 42 2) An individual employed by another city, town, or county as a building inspector; or 3) A private provider who is: a. An architect registered under I.C. 25-4-1; b. A professional engineer registered under I.C. 25-31-1; or c. A certified building official (as defined in I.C. 36-7-2.5-3). c) An applicant for a building permit may choose to have a private provider conduct the plan review or inspection provided for under I.C. 36-7-2.5 et seq. d) A private provider engaged to perform a plan review or inspection of a Class 2 structure shall not be an employee of, affiliated with, or financially interested in the person, firm, or corporation engaged in the project to be reviewed or inspected and shall not be an employee of a unit. ARTICLE 2. BUILDING RULES AND PROCEDURES a) Pursuant to IC 22-13-2-3(b), the rules of the Indiana Fire Prevention and Building Safety Commission as set out in the following Articles of Title 675 of the Indiana Administrative Code are hereby incorporated by reference in this code and shall include any later amendments to those rules. 1) Article 13—Building Codes: a. Fire and Building Safety Standards. b. Indiana Building Code. 2) Article 14—Indiana Residential Code; 3) Article 16—Indiana Plumbing Code; 4) Article 17—Indiana Electrical Code; 5) Article 18—Indiana Mechanical Code; 6) Article 19—Indiana Energy Conservation Code; 7) Article 20—Indiana Swimming Pool Code; 8) Article 22—Indiana Fire Code; 9) Article 25—Indiana Fuel Gas Code. 10) Article 28—NFPA Standards b) Also adopted and incorporated by reference into this code are the Design Guidelines for the South Bend Central Development Area, as amended, which shall be applied to real property and appurtenances within the South Bend Central Development Design Area designated in Subsection 6-7(a)(I). Ord. No. 8243-92, § 1; Ord.No. 9528-04, § 3) Sec. 6-5.2. Local Plan Review by Unit a' ine Department may conduct or may require a local plan revieA, in compliance ,vith IC 22-15-3.3 on anv construction project or site development. b) No later than January 1, 2026, the Department shall provide a schedule of requirements for obtaining a permit, which includes the following: Page 13 of 42 1) Listing of any required plan reviews or inspections, including a statement that an applicant may use either the City or a private provider to conduct any required plan review or inspection and that the applicant must indicate whether it will use a private provider; 2) The timeline provided by I.C. 36-7-2.5 et seq. for notifications and submission of documents; 3) Any regulatory fees charged by the City; 4) All requirements for a complete application, including documents, prior approvals, and permits which must be obtained prior to applying for the permit; 5) If the applicant is using a private provider for plan review or inspection, a copy of the provider's certificate of insurance confirming compliance with the coverage amounts required by I.C. 36-7-2.5-26. c) Fees 1) Applicants electing to use a private provider to perform a plan review or inspection pursuant to the provisions of I.C. 36-7-2.5 et seq. are subject to a convenience fee of One Hundred Dollars ($100.00)which shall be paid at the time the application is submitted. 2) The City may withhold this convenience fee from fees initially paid for a City- conducted plan review or inspection if the applicant switches from a City- conducted plan review or inspection to a private provider. a) The Building Commissioner or his designated representative shall have the power to administer and enforce the Building Code and any and all ordinances or codes adopted now or hereafter by the Common Council of the City of South Bend that regulate construction, enlargement, repair, alteration, relocation and demolition of buildings and heating, ventilation, air conditioning, electrical and plumbing construction. b) The Chief of the Fire Department, or his designated representative, shall assist the Building Commissioner in the inspection of fire suppression, detection and alarm systems, as to those structures within the jurisdiction of the Building Department, and shall provide reports of such inspection to the Building Commissioner. c) The Building Commissioner and the Fire Department shall work cooperatively to conduct inspections and investigations to promote compliance with fire safety laws, as to those structures within the jurisdiction of the Building Department. The Fire Department has independent authority to conduct inspections and take enforcement actions under IC 36-8- 17. Ord.No. 8243-92, § 1) Page 14 of 42 a) It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy, or maintain any building or structure in the City or permit the same to be done, in violation of any of the provisions of the Building Code. b) Any owner,tenant, or occupant of any building or structure or part thereof and any architect, builder, contractor, agent, or other person who commits, participates in, assists, directs, creates, or maintains any violation of the terms and provisions of this Ordinance may be issued a red tag or violation notice by the Department. c) The Department may issue a red tag notice to a person(i.e., any owner, tenant, or occupant of any building or land or part thereof and any architect, builder, contractor, agent, or other person)who commits a violation of the Building Code. This notice will be issued by posting such notice in a conspicuous place on the premises where the violation occurs and sending notice to the owner and registered contractor, if applicable, and shall serve as notice that a Building Code violation has been committed. d) No violation shall be issued unless red tag notice as provided by this Section has been provided at least three(3)days before the violation is issued, in order to allow the person receiving notice an opportunity to correct the violation and come into compliance with the terms and provisions of the Building Code. If upon re-inspection, the Building Code violation remains unabated, a second violation may be served at least ten (10)days following service of the initial citation. The violation may be served by personal service; certified mail, return receipt requested; registered mail; or, by posting such notice in a conspicuous place on the lot where the violation occurs, and shall serve as notice that a Building Code violation has been committed. e) No citation shall be issued unless notice as required by Section 6-6.1(d) has been provided at least ten (10)days before the citation is issued, in order to allow the person receiving notice an opportunity to come into compliance with the terms and provisions of the Building Code. If upon reinspection, the Building Code violation remains unabated, a citation accompanied by the fines as specified below may be issued. f) Monetary fines for violations of this Chapter shall be assessed as follows: 1) The monetary fine for the first citation shall be not less than Fifty Dollars 50.00). The following monetary fines shall apply for each subsequent citation: 2) Second Citation—Minimum $100.00 3) Third Citation—Minimum $200.00 4) Each additional—Not to exceed a$300.00 increase in the previously assessed monetary fine, to a maximum monetary fine for each citation not to exceed Two Thousand Five Hundred Dollars ($2,500.00). 5) Each day that a violation remains uncorrected shall constitute a violation which may result in the issuance of a subsequent citation. g) All fines prescribed by this section shall be deposited with the applicable fund for fines of the Building Department.The person making the payment shall receive a receipt stating the amount and purpose for which the fine has been paid, a duplicate of which shall be made a part of the records of the City of South Bend. h) If a person who receives a citation fails to pay the assessed fine within sixty (60) days after the issuance of a citation, the South Bend Corporation Council, Building Commissioner, or Page 15 of 42 appropriate enforcement official may file a lawsuit as provided by applicable law to enforce the terms and provisions of this Ordinance. i) Seeking a penalty as authorized in this section does not preclude the City from seeking alternative and additional relief from the Court in the same action, or from seeking injunctive relief or any other remedy in a separate action for the enforcement of this Ordinance available under applicable Indiana law. j) Any person or anyone acting on behalf thereof who violates or fails to comply with any of the provisions of the Building Code shall be guilty of an offense and, upon conviction thereof, shall be fined five hundred dollars ($500.00). Each day that a violation is permitted to exist shall constitute a separate offense. In the event that a violation of this Ordinance is determined to exist by a court of competent jurisdiction, the owner, tenant, or occupant of any building or land or part thereof and any architect, builder, contractor, agent,or other person who commits, participates in, assists, directs, creates, or maintains any situation that is in violation of the terms and provisions of this Ordinance shall be liable to the City of South Bend for the City's reasonable attorney fees in accordance with Indiana law. Ord. No. 8243-92, § 1) a) General. A Certificate of Occupancy shall be required for all new residential dwelling, new non-residential structures, and non-residential structures with renovations over the cost of fifty thousand dollars($50,000.00), with the exception of a renovation involving life safety issues. b) Use and Occupancy. No building or structure as listed in Subsection 6.6.2(a) shall be used or occupied until the building official has issued a Certificate of Occupancy as provided herein. Issuance of a Certificate of Occupancy shall not be construed as an approval or waiver of a violation of the provisions of the Building Codes or of any other ordinances enforced by the Building Department. It shall be unlawful to use or occupy a building or structure as listed in Subsection 6.6.2(a) without the issuance of a Certificate of Occupancy. c) Certificate Issued. After the building official inspects the building or structure and finds no violations of the provision of the Codes listed above, the building official shall issue a Certificate of Occupancy that contains the following: 1) The building permit number. 2) The address of the structure. 3) The name and address of the owner. 4) The township in which the structure is located. 5) The name and address of the general contractor. 6) The State project number, if applicable. 7) The zoning of the property. 8) The occupancy group/use of the structure. 9) A statement that the described structure or portion of the structure has been inspected for compliance with the requirements of the codes for the occupancy and use for which the proposed occupancy is classified. 10) Any special stipulations and conditions of the building permit. Page 16 of 42 l 1) The name of the building official. d) Temporary Occupancy. The building official is authorized to issue a Temporary Certificate of Occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The building official shall set a time period during which the Temporary Certificate of Occupancy is valid. e) Revocation. The building official is authorized to, in writing, suspend or revoke a Certificate of Occupancy issued under the provision of this section wherever the Certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any regulation of the provisions of the codes and/or ordinances. Ord. No. 10225-13, § III, 3-25-13) a) No person, firm, or corporation shall move any building or structure in the City or cause the same to be done without obtaining in advance a moving permit from the Department; provided, however, that the provisions of this section shall not apply to the moving of manufactured housing prior to its initial installation in compliance with the provisions of the South Bend Municipal Code. b) The applicant must file with the Department a completed application on the form provided, with all information indicated on the application submitted in full and with all other required information, including: the extreme height, width and length of the structure when mounted; the proposed route over which the structure will be moved; a plot plan showing the structure in its proposed new location; affidavits from all public utility companies, railroads, service companies, and cable television companies with facilities along the proposed route, certifying that the applicant has deposited with such company or agency satisfactory surety to cover the cost of any damage or changes in facilities resulting from the moving of the structure over the proposed route; and any additional information the department deems necessary for enforcement of the Building Code.The applicant shall also provide a certificate of insurance showing property damage coverage in the amount of one million dollars($1,000,000.00)and liability coverage in the amount of five million dollars 5,000,000.00), naming the City of South Bend as co-insured. c) Within three(3) days after the completed application and required information has been filed, the Department shall submit the application and information to the Bureau of Traffic and Lighting, the Engineering Department, the Police Department, the Park Department and the Building Commissioner for review and recommendations, with their recommendations being submitted to the Department within five (5) days.The Department shall immediately forward the application, other information, certificate of insurance, and recommendations to the Board of Public Works. d) At its next regularly scheduled meeting, the Board of Public Works shall review the application, information, certificate of insurance, and recommendations to determine the effect that the move of the structure will have on public health, safety or welfare, as well as any possible physical damage to public streets, sidewalks, other public ways and public places and other properties. The Board shall recommend to the Department whether or not to issue the permit. The Department shall follow the recommendation of the Board and shall not issue a moving permit without an affirmative recommendation from the Board. In the Page 17 of 42 event of denial of a permit, the Department shall notify the applicant of such denial in writing setting forth the specific reasons for such denial. e) In the event that the Department denies the moving permit, the applicant shall have the right to request a hearing to review such denial before the Mayor or his designee. Such request shall be made in writing to the Mayor within seven (7)days of the Department's denial of the permit. Notice of hearing for denial of the permit shall be in writing given by the Mayor or his designee. Service of such notice shall be made either by personal service,which shall be certified, or by certified mail, return receipt requested,to the applicant at the last known address, at least five(5) days prior to the date of the hearing. The Mayor or his designee shall file a copy of his findings and determination with the Department, the Board of Public Works, and the applicant within twenty-four(24) hours after it is made. The determination of the Mayor or his designee shall be the final municipal action for the purpose of judicial review. Ord. No. 8243-92, § 1; Ord.No. 10225-13, § II, 3-25-13) a) No person. firm, or corporation shall demolish or cause to be demolished a building or structure in the City without obtaining, in advance, a demolition permit from the Department. b) The applicant shall file with the Department a completed application on the form provided, with all information indicated on the application submitted in full and with all other required information. c) All persons performing demolition work within the City shall be registered with the Department. Registration shall be on forms provided by the Department and shall be accompanied by payment of a registration fee of one hundred twenty-five dollars($125.00). Said registration shall be for a term of one (1)year, commencing on the effective date of the surety bond required by this section. However, an owner of the property performing their own demolition work shall be exempt from the bonding and registration requirement, to the extent that buildings or structures being demolished are six hundred (600) square feet or under. For buildings or structures being demolished which are over six hundred (600) square feet, the owner shall be subject to the bonding requirement set forth in Subsection 6- 6.4(d). d) The Department shall not issue a demolition permit until the applicant files a ten thousand dollar($10,000.00) bond with the Department, which bond must be approved by the Controller, or their designee, indemnifying the City against all loss or damage to public ways, public places, and other public property during the course of the work under the demolition permit and further conditioning that the applicant will indemnify the City and pay any and all personal and property damages caused by any negligent act or omission in the demolition of such building or structure. However, the owner of the property performing their own demolition work on a building or structure under six hundred (600) square feet shall be exempt from the bond requirement. e) Prior to commencing demolition or renovation activities,the owner or operator of a facility must meet all inspection and notice requirements pursuant to 326 IAC 14-10 et seq., as amended from time to time. Page 18 of 42 f) In all cases where traffic control may be necessary during the demolition work or whenever the building or structure to be demolished is adjacent to arterial streets, the permit holder shall be required to comply with all Department of Public Works and/or Board of Public Works requirements for accessing the right-of-way. The permit holder shall be liable upon his performance bond for the placement of any necessary traffic control devices, such as barricades, warning signs and lights. g) The permit holder shall place any necessary devices such as barricades, warning signs, and lights when performing demolition work over, across, or upon public sidewalks. h) The permit holder shall take all necessary precautions to protect public ways, public places, and other public property during the course of the work authorized by the demolition permit.The permit holder must repair or replace any public ways, public places, and other public property damaged during the demolition,to conform to current City specifications, with the work to be approved by the Public Works Department. i) The permit holder shall cut off the sewer service connection to the main sewer line by plugging the sewer line with concrete sufficient to prevent a back-up leak. The permit holder shall notify the Department to inspect the sewer line plug before he begins back- filling. j) After removing all materials and debris from any basement of a building to be demolished, the permit holder shall leave site in a'`buildable state,"which shall be considered clean compactable fill level with the surrounding area, as determined by the Department. Rubbleized brick does not constitute a"buildable state," unless it otherwise meets the requirements of this definition. k) No fire shall be permitted on the demolition site for the disposition of material resulting from the demolition. 1) All construction and demolition ("C/D") waste must be handled and disposed of properly in a state permitted municipal solid waste ("MSW") landfill, non-MSW landfill, or C/D site that is authorized to accept such waste(defined by 329 IAC 10-2-37). C/D waste may include scrap lumber, bricks, concrete, stone, glass, wallboard (drywall), roofing, plumbing fixtures, wiring, and nonasbestos insulation.. m) The permit holder shall fill to grade level and grade the lot with three (3) inches of topsoil. Seeding must be done at the time the lot is graded; provided, however,that seeding shall not be required if a new building is scheduled to be constructed on the demolition site within six 6) months after completion of the demolition. Ord. No. 8243-92, § 1; Ord. No. 8931-98, § 2; Ord. No. 9528-04, § 4; Ord. No. 9902-09, § III, 2-9-09; Ord. No. 10225-13, § II, 3-25-13) a) No person, firm, or corporation shall install or cause to be installed a wood burning stove in any building or structure in the City without obtaining in advance a wood burning stove permit from the Department. b) The applicant shall file with the Department a completed application on the form provided, with all information indicated on the application submitted in full and with all other information required by the Department for the enforcement of the Building Code. c) All installations of wood-burning stoves shall be inspected by the Department two (2)times, one (1) each for preliminary venting work and for final, completed installation. The permit Page 19 of 42 holder shall notify the Department at least twenty-four(24) hours in advance of the time the work is ready for inspection. If the work does not pass inspection, a reinspection fee of sixty dollars ($60.00) shall be charged for each future inspection of that stage of work. Ord. No. 8243-92, § 1; Ord. No. 9779-07, § IV, 8-27-07; Ord. No. 1013 7-1 1, § III, 12-12-11; Ord. No. 10225-13, § II, 3-25-13; Ord. No. 10394-15, § III, 10-26-15) a) No person, firm, or corporation shall erect or cause to be erected a sign in the City without obtaining, in advance, a sign permit from the Department. b) The applicant shall file with the Department a completed application on the form provided, with all information indicated on the application submitted in full and with all other required information. c) All persons, firm or corporation erecting signs in the City for remuneration shall be registered with the Department. Registration shall be on forms provided by the Department and be accompanied by a ten thousand dollar($10,000.00) bond made payable to the City of South Bend, indemnifying the City against all loss or damage to public ways, public places and other public property during the course of the work under the sign permit and further conditioning that the applicant will indemnify the City and pay any and all personal and property damages caused by any negligent act or omission in the erection of such sign, proof of liability insurance in the amounts of two hundred thousand dollars($200,000.00) per person, six hundred thousand dollars($600,000.00) per occurrence, and one hundred thousand dollars($100,000.00) per property damage to save and keep the City harmless from any claims, damages, liabilities, losses, actions, suits or judgments which may be brought, presented, sustained or obtained against the City or its officials because of negligence of the sign hanger, contractor or his agents, or by reason of defects in the construction, or damages resulting from the collapse or failure of any sign, and payment of a registration fee of one hundred twenty-five dollars ($125.00). Said registration shall be for a term of one(1)year commencing on the effective date of the surety bond. Ord. No. 9126-00, § 2; Ord. No. 9528-04, § 5; Ord. No. 9902-09, § IV, 2-9-09; Ord.No. 10225- 13, § II, 3-25-13; Ord. No. 10394-15, § IV, 10-26-15) a) Before a permit is issued to build or construct any new dwelling or building within the City, the person submitting the application shall review the Indiana Department of Environmental Management (IDEM) list of sites with significant water withdrawals, or an equivalent of the IDEM list, to determine the building or dwelling's proximity to such significant water withdrawal site, defined as ground water withdrawal of one hundred thousand(100,000) or more gallons per day. For purposes of this Section, dwelling or building refers to habitable structures, including single-family dwellings,two-family dwellings, multifamily dwellings, hotels, motels, boarding houses, lodging houses, bed and breakfasts, and all commercial buildings. The Building Commissioner for purposes of this Section shall include his/her authorized designee. Page 20 of 42 b) Upon the Building Commissioner's review of the applicant's materials required to be submitted, and if the construction site for the building or dwelling is located within one quarter(1/4) mile radius around a well head where there exists confirmed operations with significant groundwater withdrawals defined as one hundred thousand (100,000)or more gallons per day, with a map depicting the wells registered to pump over one hundred thousand(100,000) gallons per day in the vicinity of South Bend being maintained in the Building Department. The Building Commissioner shall make as condition(s)of any permit, which may be granted, any or all of the following: 1) Soil boring data at completion of boring, and at twenty-four(24) hours after completion of boring which is recorded on boring log in low permeability soils such as silts and clays. Artesian pressure and seepage zones, if encountered, must also be noted on the boring log; 2) Relocation of the proposed building; 3) Elevation requirements; 4) Denial of a basement in the building; 5) A Soils and Water Table Review conducted by a soil engineer, hydrologist or other person qualified in the study of soils and soil conditions and registered by the State of Indiana as same which indicate and confirm that: i) The soil compressive capacity will support all imposed loads of the proposed building. ii) The lowest point of any habitable space or footing has a minimum of two (2) feet of separation above the seasonal high-water level of any subterranean aquifer. c) The Building Commissioner shall also review as part of the building permit process, in addition to the requirements set forth in this Chapter, the new building or dwelling's location on drawings provided by the person applying for a required permit which depict the proposed construction using the following maps, which may be overlays to the drawings submitted 1) St. Joseph County Soils Map. 2) Maps depicting wetlands. 3) Maps depicting floodplains and compliance with Sections 6-38 and 6-39 of the South Bend Municipal Code. 4) Maps depicting drainage basins/watersheds. d) An "as built" elevation certificate must be submitted to the Building Commissioner. The certificate must indicate the difference between the lowest level of the foundation and the seasonal high-water level of any subterranean aquifer. e) Visual inspection of the damp-proofing and drainage tile must be approved before the basement is back-filled and construction continues on the project. Ord.No. 10235-13, § I, 6-24-13) a) Before a new well permit is issued in the City, a Soils and Water Table Review shall be made to the Director of Public Works per Section 6-6.7 that also includes an Area of Influence defined as one-quarter(1/4) mile radius around the well head. b) All property owners within the Area of Influence of any proposed new well shall be notified within thirty(30) days of any submission to a City entity of an intention to drill. Page 21 of 42 c) No new well permit shall be issued within a distance of three thousand feet (3,000') of any existing production well belonging to the City of South Bend in connection with the city's water supply. Ord. No. 10235-13, § II, 6-24-13) a) The St. Joseph County Health Officer and the Director of Public Works shall be notified at least thirty(30)days prior to the decommissioning of any water well. b) Whenever a water well has been improperly decommissioned or discontinued for use and does not have formal inactive status, the St. Joseph County Health Officer and the Director of Public Works shall notify the owner of any costs incurred for such noncompliance, which such sums being payable in full within thirty(30)days of such notice and itemized billing. Ord. No. 10235-13, § III. 6-24-13) Sec. 6-6.10. Suspension or revocation of registrations; refusal to issue registrations. a) The suspension or revocation of any registration, or the refusal to issue any registration under this Code shall be for just cause after notice and opportunity for hearing, pursuant to the provisions of Section 4-16 of this Code. b) A registration issued under this Chapter may be suspended or revoked by the Building Commissioner if it is determined that the holder of a registration has been convicted of any of the following offenses, violations, or crimes, within the five- year disqualification period as defined by Subsection (d) below: i. Altering historic property: IC 35-43-1-3.5 ii. Arson: IC 35-43-1-1 iii. Battery: IC 35-42-2-1 iv. Bribery: IC 35-44.1-1-2 v. Burglary: IC 35-43-2-1 vi. Counterfeiting: IC 35-43-5-2 vii. Unlawful handling of hazardous waste: IC 13-30-10-1.5 viii. Counterfeiting: IC 35-43-5-2 ix. Forgery: IC 35-43-5-2 x. Fraud: IC 35-43-5-4 ( xi. Identity deception: IC 35-43-5-3.5 xii. Impersonation: IC 35-44.1-2-6 Page 22 of 42 xiii. Official misconduct: IC 35-44.1-1-1 xiv. Corrupt business influence: IC 35-45-6-2 xv. Tampering with water supply: IC 35-43-1-2.5 xvi. Terrorism: IC 35-47-12-1 xvii. Theft: IC 35-43-4-2 c) Said conviction notwithstanding, before the Building Commissioner may issue a suspension or revocation under this Section, the following shall be considered: 1) The nature and seriousness of the crime for which the individual was convicted; 2) The passage of time since the commission of the crime; 3) The relationship of the crime to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the occupation; and 4) Evidence of rehabilitation or treatment undertaken by the individual that might mitigate against a direct relation to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the occupation. d) If an individual has a disqualifying conviction, the period of disqualification may not exceed five (5)years after the date of the conviction or release from incarceration, whichever is later, unless the individual: 1) was convicted of a crime of violence (as defined by IC 35-50-1-2(a)); 2) was convicted of an offense relating to a criminal sexual act(as defined by IC 35-31.5-2-216); or 3) is convicted of a second or subsequent crime during the disqualification period. ARTICLE 3. DEVELOPMENT DESIGN REVIEW a) The City may designate areas as development design areas, and all real property and appurtenances therein shall be subject to the provisions of this article: 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) ARTICLE 4. PLUMBING CODE Page 23 of 42 The Building Commissioner shall appoint a Plumbing Inspector, who may either hold a valid Indiana plumbing license at the time of hire or have at least ten (10) years-experience in plumbing services as defined in section 6-10(c)(1)(a), below. In addition, the Inspector shall have a thorough knowledge of the Indiana Plumbing Code and of approved materials and methods of plumbing necessary for safety to persons and property. Ord. No. 8243-92, § 1) a) No person shall perform or cause to be performed the installation or alteration of any plumbing work on or within the City without obtaining, in advance, a permit from the Department. b) Where a person shall unlawfully proceed to do any work or installation without a permit as required herein, the applicable permit fee shall be tripled as a penalty. The payment of such penalty shall not release the person in default from any other penalties provided herein, nor from compliance with any relevant provisions of the municipal code. c) Schedule of permit fees. Permits issued for plumbing work within the City shall be subject to the following fee schedule, with a minimum permit fee being sixty dollars ($60.00). 1) Each plumbing fixture or trap or set of fixtures on one (1)trap, including water and drainage piping therefore 6.00 2) Each backflow protection 6.00 3) Each building sewer: a. Under 100' 12.00 b. 100' or over 25.00 4) Each building water: a. Under 100' 12.00 b. 100'or over 25.00 5) Each water softener 7.00 6) Each trailer park sewer 10.00 7) Each drain within building for rainwater systems 6.00 8) Each water heater and/or vent 7.00 9) Each gas reconnection 60.00 10) Each gas piping system, per outlet 3.00 11) Each industrial waste pretreatment interception, including its trap and vent, excepting kitchen-type grease interceptors functioning as fixture traps 8.00 12) Installation, alteration, or repair of water piping and/or water treating equipment 6.00 13) Repair or alteration of drainage or vent piping 6.00 14) Each drywell 12.00 15) Each lawn sprinkler system on any one(1) meter, including backflow protection devices thereof 6.00 16) Fire protection sprinkler system: a. Up to 30 heads 60.00 b. Plus each additional 10 heads thereafter 8.00 17) Fuel tanks and pumps 12.00 Page 24 of 42 18) Back-up generator—Gas line: a. 10 Kv or less 60.00 b. Over 10 Kv 70.00 19) Each reinspection 60.00 20) Each additional final inspection 75.00 d) Registration and permits for plumbing services. 1) Definitions. As used in this subsection,the following words shall have the following meanings: a. Plumbing services: The construction, installation, removal, alteration, repair, remodeling, or removal and replacement, or the causing of such work to be done, for any plumbing, gas, or drainage equipment, or any water softening or conditioning or water sprinkler equipment or apparatus within or adjacent to any building or premises. b. Excavator: A person who installs sewers or drainage systems and/or devices, such as drain basins, drywalls, storm sewers, sanitary sewers, and septic tanks. c. Journeyman plumber: A person who holds an Indiana license and who engages or offers to engage in, as an occupation or trade, plumbing services under the supervision, direction and responsibility of a license plumbing contractor. d. Maintenance technician: A person who is employed on a permanent basis to keep the premises of a commercial business establishment of multifamily residential establishment in good repair. e. Plumbing contractor: A person who holds an Indiana Plumbing Contractor's License and who, for compensation, undertakes to or submits a bid to or does themselves or services within the entire project, or one who fabricates units of plumbing substantially completed and ready for installation. f. Sewer cleaners: A person who cleans or otherwise repairs sewers. 2) Registration required: a. All persons performing plumbing services within the City shall be a Plumbing contractor and shall register with the Department; provided, however, that the owner-occupant of a dwelling shall not be required to register when he or she is installing, altering or repairing the plumbing of that dwelling. b. Registration shall be on forms provided by the Department and shall be accompanied by payment of a registration fee, as follows: Plumbing contractors $125.00 Excavators (as defined in section 6-10(d)(1)b.125.00 Sewer cleaners 125.00 c. Registrations shall be for a term of one (1)year beginning from the date of issuance. d. Lawn sprinkler contractors, water softener contractors, sewer work, and fire protection sprinkler contractors shall comply with Article 11, Building Contractor Licensing Requirements. e. Aboveground and underground storage tank removal and installation shall submit their necessary IDEM documentation to this department and obtain the necessary permit/s. South Bend,Indiana,Code of Ordinances Created: 2021-12-02 09:01:22 [EST] Supp.No.56) Page 25 of 42 3) Permits required: a. No person shall perform plumbing services within the City without obtaining, in advance, a permit from the Department. b. Before a plumbing permit may be issued, the applicant must comply with subsection c. of this section. c. Other limitations on permit issuance: 1. An excavator may only be issued a permit for sewer and water line work to the extent necessary to make connection to internal piping of the structure. Any permit issued under this subsection must be consistent with the Water Works Rules and Regulations, Engineering and Construction Standards, and all provisions of this Code, as amended. 2. A fire protection sprinkler contractor may only be issued a permit to install or repair fire protection sprinkler systems. 3. A lawn sprinkler system contractor may only be issued a permit to install or repair lawn sprinkler systems, including backflow protection devices. 4. A sewer cleaner may only be issued a permit to repair or alter existing drainage piping, or to install sewer or water lines, from a distance of two (2) feet outside of any building or structure to the public way. 5. A water softener dealer may only be issued a permit to install water softening equipment or apparatus. 4) Any contractor performing work pursuant to this Article which is not already covered by a current plumbing license or demolition bond must provide a surety bond, payable to the City in the penal sum of ten thousand dollars($10,000.00), and conditioned upon faithful compliance with the provisions of the Building Code and agreeing to pay all damages, costs and expenses caused by the negligence of the registration through failure to comply with such provisions. e) All plumbing installations requiring a permit shall be inspected by the plumbing inspector three(3)times, once each for underground work, rough-in work, and final completion. A complete line test shall also be supervised by the plumbing inspector. The plumbing permit holder shall notify the plumbing inspector at least twenty-four(24) hours in advance of the time the work is ready for inspection. If the work does not pass inspection, a reinspection fee of sixty dollars($60.00) shall be charged for each future inspection of that stage of work. Ord. No. 8243-92, § 1; Ord.No. 8566-94, § 1; Ord. No. 8931-98, § 3, 8-24-98; Ord. No. 9528- 04, § 6; Ord. No. 9779-07, §§ V, VI, 8-27-07; Ord.No. 10137-11, § IV, 12-12-11; Ord. No. 10394-15, § V, 10-26-15; Ord. No. 10414-16 , § I, 1-11-2016) ARTICLE 5. CONSTRUCTION PROJECT, TEMPORARY WALKWAYS South Bend,Indiana,Code of Ordinances Created: 2021-12-02 09:01:22 [EST) Supp.No.56) Page 26 of 42 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 Ord.No. 8243-92, § 1) a) Temporary sheds or trailers for office purposes or for storage of tools and materials may be erected or parked upon the public property within the limits prescribed for materials. b) If at any time building operations shall be discontinued for a period of more than thirty(30) days, all such temporary buildings and obstructions shall be removed, leaving a clear unobstructed roadway. c) The period of thirty(30) days may be extended at the discretion of the City Engineer to allow for acts of God, strikes and other acts beyond the contractor's control. Ord. No. 8243-92, § 1) a) The permission to temporarily occupy streets and sidewalks for the purpose of building is intended for use only in connection with the actual erection, repairing, alteration or removal of buildings and is terminated after completion of such operations. b) No person shall occupy any street or sidewalk after the completion of the operation for which other permit has been issued. Ord. No. 8243-92, § 1) Temporary wooden fences to shield lots during building operations may be erected upon public property if the permit for the same has been obtained. The fences shall not be less than four(4) feet nor more than eight (8) feet in height, and shall be removed within ten 10)days after the external walls of the building are erected and the roof enclosure covered in. Ord. No. 8243-92, § 1) No person shall use the walls or any portion of the temporary sheds or sidewalk coverings or any fences built around building operations for billboards or for any manner of advertising, except such as may pertain to the building itself. Ord. No. 8243-92, § 1) The suspension or revocation of any registration or permit, or the refusal to issue any registration or permit under this Code shall be for just cause after notice and hearing thereof pursuant to the provisions of section 1-18. Ord. No. 8243-92, § 1) Page 28 of 42 Any person or agent or employee who violates any provision of this article shall be subject to penalties as set forth under this Chapter. The continued violation of any provision shall constitute a separate offense for each and every day such violation may continue. Ord. No. 8243-92, § 1) ARTICLE 6. ELECTRICAL CODE a) No person shall make connection from a supply of electricity to any electrical equipment, for the installation of which a permit is required, until a permit is issued by the Department. b) No person shall make connections from a supply of electricity which has been disconnected or ordered to be disconnected by the electrical inspector until an order to connect has been issued by the electrical inspector. c) Service change or upgrade shall require the structure to be brought into compliance with the electrical code in effect at the time of the service change or upgrade. Ord. No. 8243-92, § 1; Ord. No. 8566-94, § 2; Ord. No. 9126-00, § 3) Nothing in this chapter shall be construed to relieve from or lessen the responsibility or liability of any party owning, operating, controlling, or installing any electrical service or equipment for damages to person or property caused by any defect therefrom. Nothing in this chapter shall be construed to have the City assume any such liability by reason of examination authorized under this chapter or by the registration and certificate issued pursuant to this chapter. Ord. No. 8243-92, § 1) a) Appointment; qualifications. The Building Commissioner shall appoint an Electrical Inspector, who shall have at least five(5)years' experience in installation, alteration, repair or inspection of electrical wiring and equipment for electric light, heat and power in or on buildings or premises or shall have had three(3)years' of such experience and be a graduate of a recognized engineering college or university. In addition, the Inspector shall have a thorough knowledge of the Indiana Electrical Code and of approved materials and methods of electrical construction necessary for safety to persons and property. b) Authority to discontinue use. Upon finding that any electrical equipment is dangerous to persons or property because it is defective or defectively installed, the Electrical Inspector has the authority to order, in writing, the person responsible for the electrical equipment to make changes or repairs necessary to place the equipment in safe condition in compliance Page 29 of 42 with this chapter. If the person responsible does not comply with the order within seventy- two (72) hours from service of the order, the Electrical Inspector shall have the authority to disconnect or order the discontinuance of electrical service to such electrical equipment. c) Authority to disconnect electrical equipment. Upon the approval of the Building Commissioner, the Electrical Inspector has the authority to disconnect or cause the disconnection of any electrical equipment immediately upon his determination that such immediate disconnection is necessary for safety to persons or property. Ord. No. 8243-92, § 1) a) The Electrical Inspector and/or the Building Official (hereinafter the"Examiner") shall examine applicants for registrations under this article, issue certificates therefor to qualified applicants who have paid the prescribed fees and who have passed the examination hereinafter required, and revoke or suspend any registration after just cause shown, as set forth in Section 6-6.10.. b) The Examiner shall examine applicants for registrations as they are received. c) The Department shall keep a record of all registrations and certificates and may adopt rules and regulations for conduct of examinations and review of registrations. d) No new registration under this article shall be issued without approval by the Examiner. Ord.No. 8243-92, § 1; Ord. No. 8566-94, § 2; Ord. No. 9126-00, § 4) a) Required. No person shall perform or cause to be performed any installation, maintenance, alteration, or repair of any electrical equipment within the City without obtaining in advance a registration from the Building Department. 1) Class A electrical contractor's registration. A Class A electrical contractor's registration may be issued to a person who is principally engaged in the business of electrical contracting. This registration entitles the holder and his employees to perform electrical contracting work. 2) Class B industrial electrical registration. A Class B industrial electrical registration may be issued to a person who installs, maintains, alters, and/or repairs electrical equipment, provided that any such work performed shall be confined to the industrial premises described in the registration application and certificate. No person shall hold more than one(1) Class B registration at one (1)time. b) Exemption. No registration under this article is required for the execution or performance of the following electrical work: 1) Installations of communications systems, installations in recreational vehicles, and installations not covered by the Indiana Electrical Code. 2) The performance of electrical work in a single-family dwelling by the owner-occupant of the dwelling; provided, however, that this exemption does not apply to any person hired by the owner-occupant for compensation to assist or to perform such electrical work on that dwelling. c) Application. Each applicant shall apply in writing for a registration at least thirty (30)days before the next scheduled examination date. The application shall include: Page 30 of 42 I) The class of registration applied for. 2) The name and place of business of the applicant. 3) Letter(s) from former employer(s); a union; or self-employment documentation to show that the applicant has had not less than four(4)years' (or equivalent) experience in the installation, repair and maintenance of residential, commercial or industrial electrical wiring, apparatus or equipment. 4) Payment of a fifty-dollar($50.00) application review fee. 5) Evidence of the applicant's age being at least twenty-one (21) years. 6) An official statement from a law enforcement agency of whether or not the applicant has ever been convicted of a misdemeanor or felony, and if so, the crimes convicted of and the dates and places of such convictions. d) Examination. Proof of a passing exam score from an internationally or nationally recognized electrical examiner, to be determined by the Department and to be reviewed and published annually, shall be submitted with any registration. e) Surety bond. Each applicant for a Class A registration must also provide a surety bond. payable to the City in the penal sum of ten thousand dollars ($10,000.00), and conditioned upon faithful compliance with the provisions of the Building Code as it pertains to the regulation of electrical work and apparatus and agreeing to pay all damages, costs and expenses caused by the negligence of the registration through failure to comply with such provisions. f) Issuance of certificate: 1) The Examiner shall examine the application, the accompanying documentation and other information provided, examination results, and shall recommend to the Building Department the granting or denying of the registration applied for. Appeal from the denial, suspension or revocation of any registration by the Examiner shall be made according to the procedures in Section 4-16 of the Municipal Code. 2) The Examiner shall issue a registration to any approved applicant who has complied with all requirements of the application, including but not limited to the filing of a bond and payment of the prescribed registration fee. 3) Each registration shall specify the name of the person to whom the registration is issued, the company name under which the registration does business, the business address, and the expiration date of the registration.The registration shall be posted in a conspicuous place in the registered person's principal place of business. g) Nontransferability. Any registration issued under this article is nontransferable to another person, and it shall be unlawful to loan or transfer such registration to the use of any person other than the person in whose name the registration is issued provided; however, that work may be performed under a Class B registration at a different industrial premises from that described in the application and certificate, upon written petition for such change by the registered person, describing the reason therefor, and approval by the Building Commissioner. h) Term of registration; renewal: 1) Term: The term of each registration under this article is from the effective date of the surety bond and for twelve(12) months thereafter. 2) Renewal: Page 31 of 42 a. A person is eligible for a renewal registration if he/she holds a valid and unrevoked registration under this article and renews the registration on or before its expiration date. b. A person is also eligible for a renewal registration if he/she has held a valid and unrevoked registration, which has expired within the previous six(6)months. Under these circumstances, a renewal registration will be granted, but the fee will be increased to the fee required for a new registration. c. A renewal registration will not be granted to any person whose previous registration has expired for more than six(6) months. Under such circumstances, application must be made and all requirements met for a new registration as set out above. i) Registration Fees: 1) Class A: New $125.00 Renewal $125.00 2) Class B: New and renewal $125.00 j) Inactive Registrations: 1) Any electrician previously holding a Class A registration and is presently employed by a government agency as an Inspector within a Building Department may maintain an inactive registration. 2) Term: The term of an inactive registration under this article is from the date of issuance of the registration and for twelve (12) months thereafter. 3) Registration Fees: a. Twenty-five dollars ($25.00) k) Termination of registration holder: 1) In the event that the registration holder leaves the employment of a business firm, company, or corporation, that business firm, company, or corporation shall have thirty 30) days to secure another registration holder. A new registration shall be issued in accordance with the provisions set forth in Section 6-23. 2) In the event of a death of the registration holder,the business firm, company, or corporation shall have six(6) months to secure another registration holder. A new registration shall be issued in accordance with the provisions set forth in Section 6-23. Ord. No. 8243-92, § 1; Ord. No. 8566-94, § 2; Ord. No. 8931-98, § 4; Ord. No. 9126-00, §§ 5, 6; Ord.No. 9528-04, § 7; Ord. No. 9902-09, § V, 2-9-09; Ord.No. 10394-15, § VI, 10-26- 15) a) Required in advance. No person shall perform or cause to be performed the installation or alteration of any electrical wiring or equipment, including fire alarm systemson or within any building, structure or premises within the City without obtaining, in advance, a permit from the Department. b) Where a person shall unlawfully proceed to do any work or installation without a permit as required herein, the applicable permit fee shall be tripled as a penalty. The payment of such Page 32 of 42 penalty shall not release the person in default from any other penalties provided herein. nor from compliance with any relevant provisions of the Municipal Code. c) Fees. Each application for a permit for installation or alteration of electrical wiring or equipment shall be accompanied by fees in accordance with the schedule below; with a minimum permit fee of sixty dollars ($60.00): 1) Temporary service for construction: All amperage$ 7.00 2) Switchboards and panel boards each. new and replaced: 60-amp7.00 100-amp9.00 200-amp 12.00 400-amp 15.00 600-amp20.00 Over 600-amp to 2,000-amp25.00 Over 2,000-amp50.00 3) Circuits (new or replaced): a. Each circuit 5.00 4) Horsepower(machinery): a. First hp 7.00 b. Each additional hp 0.25 5) Backup generator: a. 10 Kv or less $60.00 b. Over 10 Kv 70.00 6) Pool wiring and/or bonding $60.00 7) Repair, extension, and/or maintenance of wiring $60.00 8) Reset, relocation, reconnect fees, each $60.00 9) Fire alarm systems(commercial) $60.00 10) Each reinspection fee$60.00 11) Each additional final inspection $60.00 If the exact number of circuits or horsepower is unknown at the time of the application for a permit, a permit may be taken for the minimum amount known with new permits issued as the extent of the work is known. 12) Solar array $60.00 +percentage of the construction cost of whole project, as established by the Department's fee schedule(13) Electrical vehicle device $60.00 per device Ord. No. 8243-92, § 1; Ord. No. 8931-98, § 5; Ord. No. 9528-04, § 9; Ord. No. 9779-07, § VII, 8-27-07; Ord. No. 9902-09, § VI, 2-9-09; Ord. No. 10137-11, § V, 12-12-11; Ord. No. 10394-15, § VII, 10-26-15) a) All electrical wiring and equipment installations and alterations requiring a permit shall be inspected by the Electrical Inspector. The permit holder shall notify the Electrical Inspector at least twenty-four(24) hours in advance of the time the work is ready for inspection. If the work does not pass inspection, a reinspection fee of sixty dollars ($60.00) shall be charged for each future inspection of that stage of work. Page 33 of 42 b) When any electrical wiring or equipment will be hidden from view by the permanent placement of parts of the building or structure, the permit holder shall notify the Electrical Inspector when that stage of work is completed and shall not conceal the work until it has been inspected and approved by the Electrical Inspector; provided, that on large installations where the concealment of wiring or equipment proceeds continuously, the permit holder shall give the Electrical Inspector twenty-four(24)hours' notice, excluding Saturdays, Sundays, and holidays, and the Electrical Inspector shall make inspections periodically during the progress of the work. c) Upon finding the installation or alteration of electrical wiring or equipment to be in conformity with the provisions of the Indiana Electrical Code and of the Building Code, the Electrical Inspector shall issue to the permit holder an inspection report and release, with a duplicate copy for delivery to the owner, authorizing the use of the installation or alteration and connection to the supply of electricity. In addition, the Electrical Inspector shall send written notice of such release to the electric utility. d) When the Electrical Inspector issues an inspection report and release authorizing the connection and use of a temporary installation, the release shall be issued to expire at a time to be stated therein. The Electrical Inspector may revoke temporary installation releases, in compliance with Section 6-21. Ord. No. 8243-92, § 1; Ord. No. 8566-94, § 2; Ord. No. 1013 7-11, § VI, 12-12-11; Ord. No. 10394-15, § V I I I, 10-26-15) Editor's note(s)—Ord. No. 9969-09, § I, adopted Oct. 26, 2009, repealed §§ 6-26-26-26.4, which pertained to "Low-voltage contractor registration" and derived from: Ord. No. 9902- 09, § VII, adopted Feb. 9, 2009. ARTICLE 7. MECHANICAL CODE The Building Commissioner shall appoint a Mechanical Inspector, who shall have at least five(5)years' experience in heating, air conditioning and ventilating installation, maintenance, alteration, or repair. In addition, the Inspector shall have a thorough knowledge of the Indiana Mechanical Code and of approved materials and methods of heating, air conditioning, and ventilating installation, maintenance, alterations, and repair necessary for safety to persons and property. Ord. No. 8243-92, § 1) a) The Mechanical Inspector and/or the Building Official (hereinafter the Examiner") shall examine applicants for registrations under this article, issue certificates therefor to qualified applicants who have paid the prescribed fees and who have passed the examination Page 34 of 42 hereinafter required, and revoke or suspend any registration after just cause shown, as set forth in Section 6-6.10.. b) The Examiner shall examine applicants for registrations as they are received c) The Department shall keep a record of all registrations and certificates and may adopt rules and regulations for the conduct of examinations and review of registrations. d) No new registration under this article shall be issued without approval of the Examiner. Ord. No. 8243-92, § l; Ord. No. 8566-94, § 3; Ord. No. 9126-00, § 7) a) Required. No person shall perform or cause to be performed within the City any installation, maintenance, alteration or repair of any heating, air conditioning or ventilating equipment or system without obtaining, in advance, a registration from the Building Department. 1) Heating, air conditioning and ventilating contrac'or's registration. A heating, air conditioning and ventilating contrac'or's registration may be issued to a person who is principally engaged in the business of heating, air conditioning or ventilating contracting. This registration entitles the holder and his/her employees to perform heating, air conditioning and ventilating contracting work and to sell approved heating, air conditioning and ventilating apparatus and devices. b) Application. Each applicant shall apply in writing for a registration at least thirty (30) days before the next scheduled examination date.The application shall include: 1) The name of applicant. 2) The name and address of applicant's place of business. 3) Each applicant for a registration must also furnish letter(s) from former employer(s), a union, or self-employment documentation to show that the applicant has had not less than four(4) years' or equivalent experience in the installation, repair and maintenance of heating, air conditioning, and ventilating equipment or systems. 4) Evidence of the applicant's age being at least twenty-one (21)years. 5) An official statement from a law enforcement agency of whether or not the applicant has ever been convicted of a misdemeanor or felony, and if so, the crimes convicted of and the dates and places of such convictions. 6) Payment of a fifty-dollar($50.00)examination fee. c) Examination. Proof of a passing exam score from an internationally or nationally recognized mechanical examiner, to be determined by the Department and to be reviewed and published annually, shall be submitted with any registration. d) Surety bond. Each applicant for a registration must also provide a surety bond, payable to the City in the penal sum of ten thousand dollars($10,000.00), and conditioned upon faithful compliance with the provisions of the building code as it pertains to the regulation of heating, air conditioning and ventilating work and apparatus and agreeing to pay all damages, costs and expenses caused by the negligence of the applicant through failure to comply with such provisions. e) Issuance of certificate. 1) The Examiner shall examine the application, the accompanying documentation and other information provided, and the examination results, and shall recommend to the Building Commissioner the granting or denying of the registration. Appeal from the Page 35 of 42 denial, suspension or revocation of any registration by the Examiner shall be made according to the procedures in Section 4-16 of the Municipal Code. 2) The Building Department shall issue a registration to any applicant approved by the Examiner, who has complied with all requirements of the application, including but not limited to the filing of a bond and payment of the prescribed registration fee. 3) Each registration shall specify the name of the person to whom the registration is issued, the company name under which the registration does business, the business address, and the expiration date of the registration. The registration shall be posted in a conspicuous place in the applicant's principal place of business. f) Nontransferability. Any registration issued under this article is nontransferable to another person, and it shall be unlawful to loan or transfer such registration to the use of any person other than the person in whose name the registration is issued. g) Term of registration; renewal: 1) Term. The term of each registration under this article commences on the effective date of the surety bond and is for twelve(12) months thereafter. 2) Renewal. a. A person is eligible for a renewal registration if he/she holds a valid and unrevoked registration under this article and renews the registration on or before its expiration date. b. A person is also eligible for a renewal registration if he/she has held a valid and unrevoked registration, which has expired within the previous six(6) months. Under these circumstances, a renewal registration will be granted, but the fee will be increased to the fee required for a new registration. c. A renewal registration will not be granted to any person whose previous registration has expired for more than six (6) months. Under such circumstances, application must be made and all requirements met for a new registration as set out above. h) Exemption. 1) No registration under this article is required for the sale, installation, use, maintenance, alteration or repair of window air conditioning units of two (2) horsepower or less or of electric baseboard cable or panel heating units. 2) The performance of heating, air conditioning, and ventilating systems in a single family dwelling by the owner-occupant of the dwelling; provided, however, that this exemption does not apply to any person hired by the owner-occupant for compensation to assist or to perform such heating, air conditioning, and ventilating work on that dwelling. i) Registration Fees: New$125.00 Renewal $125.00 j) Inactive registrations: 1) Any heating and air conditioning contractor previously holding a Class A registration and is presently employed by a government agency as an Inspector within a Building Department may maintain an inactive registration. 2) Term: The term of an inactive registration under this article is from the date of issuance of the registration and for twelve (12) months thereafter. 3) Registration Fees: twenty-five dollars($25.00). Page 36 of 42 k) Termination of registration holder: 1) In the event that the registration holder leaves the employment of a business firm, company, or corporation, that business firm, company, or corporation shall have thirty 30) days to secure another registration holder. A new registration shall be issued in accordance with the provisions set forth in Section 6-36.2. 2) In the event of a death of the registration holder,the business firm, company, or corporation shall have six(6) months to secure another registration holder. A new registration shall be issued in accordance with the provisions set forth in Section 6- 36.2. Ord. No. 8243-92, § 1; Ord.No. 8566-94, § 3; Ord. No. 8931-98, § 6; Ord. No. 9126-00, §§ 8, 9; Ord.No. 9528-04, § 10; Ord. No. 9902-09, § VIII, 2-9-09; Ord.No. 10394-15, § IX, 10- 26-15) b a) Required in advance. No person shall perform or cause to be performed the installation of heating, ventilating, air conditioning or refrigeration equipment or systems without obtaining, in advance, a permit from the Department. b) Where a person shall unlawfully proceed to do any work or installation without a permit as required herein, the applicable permit fee shall be tripled as a penalty.The payment of such penalty shall not release the person in default from any other penalties provided herein, nor from compliance with any relevant provisions of the Municipal Code. c) Fees. Each application for a permit for installation of heating, ventilating, air conditioning, and refrigeration equipment or systems shall be accompanied by fees in accordance with the schedule below, with a minimum permit fee being sixty dollars ($60.00). When the total capacity of any system in any single installation is provided by more than one(1) unit, the sum of the capacities of each unit and the total number of such units shall determine the fee. 1) Heating units: $60.00 2) Air Conditioning, Central, Electric: a. Less than 10 tons 60.00 b. Over 10 tons 70.00 c. Water chillers 85.00 d. EMI-air blower 60.00 3) Ventilating and exhaust systems: a. Less than 500 CFM capacity 6.00 b. 500 to 1,500 CFM capacity 12.00 c. Greater than 1,500 CFM capacity 20.00 4) Ventilating commercial hoods; including make up air: 120.00 5) Refrigeration and engine-driven, gas-fired or oil-fired cooling equipment: a. Up to 10 horsepower, each 60.00 b. More than 10 horsepower, each 75.00 6) Rooftop combination a. Up to 71/2 tons 60.00 b. 71/4 tons or more 75.00 7) Heat pumps: a. Up to 71/4 tons, each 75.00 Page 37 of 42 b. 7V2 tons or more, each 85.00 c. Earth, coupled water source 60.00 8) Mini-split Unit 60.00 a. Each Head 20.00 9) Boilers, steam or hot water: a. Up to 300,000 Btu 60.00 b. 300,000 Btu or more 70.00 10) Combination air conditioning/heating: a. VAV Boxes w/Coil 60.00 b. P-Tac, per Unit 60.00 11) Air handlers 70.00 12) Duct and register: a. Up to 30 openings 60.00 b. 31-100 openings 80.00 c. Over 100 openings 100.00 13) Backup generators—Gas line: 60.00 14) Gas reconnection, each 60.00 15) Gas piping (distribution of piping to equipment)to be included on permit application, Each gas piping system, per outlet 3.00 16) Woodburning stoves, per flue (including chimney and chimney connector) 60.00 17) Each reinspection fee 60.00 18) Each additional final inspection 70.00 Ord. No. 8243-92, § 1; Ord. No. 8566-94, § 3; Ord. No. 8931-98, § 7, 8-24-98; Ord.No. 9528- 04, § 11; Ord. No. 9779-07, § VIII, 8-27-07; Ord. No. 10137-11, § V I I, 12-12-11; Ord. No. 10394-15, § X, 10-26-15) ARTICLE 11. BUILDING CONTRACTOR LICENSING REQUIREMENTS'- a) The South Bend Common Council hereby finds that there is a need to develop licensing procedures for Building Contractors doing business in the City. b) The Common Council declares that the following procedures are established for the purpose of protecting the public health, safety and welfare of the community. Ord. No. 8228-91, § 1) a) It shall be unlawful to engage in business in the City as a Building Contractor without first having registered as required by this article. 2Editor's note(s) Ord. No. 8271-92, adopted June 22, 1992, amended Ord. No. 8228-91, § III, which section was not printed herein, to provide that Ord. No. 8228-91 effective Nov. 1, 1992. Page 38 of 42 b) Annual renewal of registration shall be required of Building Contractors for each year they wish to engage in business as a prelicensing procedure until full licensing procedures are implemented. Ord. No. 8228-91, § 1) a) The term "Building Contractor" shall mean and include anyone engaging for remuneration in the building construction business of new construction, repair, alteration, or remodeling. for which a building permit is required. b) The term "handyman" shall mean any person providing for a fee, repair or maintenance services for a fee which would not require a building permit under the Building Code of the City of South Bend. A handyman is exempt from the provisions of this article. Ord.No. 8228-91, § 1) a) The annual fee for a Building Contractor's prelicensing registration shall be one hundred twenty-five dollars ($125.00), and placed in a special nonreverting fund to assist in the implementation of this article. b) Any Building Contractors performing electrical, plumbing, heating, air conditioning or ventilating services shall be subject to the applicable fee requirements addressed in Sections 6-10, 6-23 or 6-36.2 of this Code, instead of the one hundred twenty-five dollar($125.00) fee addressed in Subsection (a) herein. Ord. No. 8228-91, § 1; Ord. No. 9528-04, § 12; Ord. No. 10394-15, § XI, 10-26-15) a) Any Building Contractor engaging for remuneration in the building construction business of new construction, repair, alteration, or remodeling for which a building permit is required, shall be construed as doing business as a Building Contractor. b) It shall be the duty of all Building Contractors to comply with the Building Code adopted by the City of South Bend, and all other ordinances relating to new construction, alterations, repairs and remodeling. c) Failure to comply with the Building Code and all other applicable local, state and federal laws and regulations, shall be grounds for suspension or revocation of a building permit, issued hereunder, and may be grounds for refusal to renew an application for a Building Contractor's prelicensing registration. Ord. No. 8228-91, § 1) a) Application and forms. All forms required by this article shall be made available in the Office of the Building Commissioner and shall be kept on file in that office. Every application for registration or renewal thereof, as required by this article, shall be filed with the Office of the Building Commissioner. Such registrations shall be reviewed by the Page 39 of 42 Building Commissioner as to their content and applicability and shall be reviewed on an annual basis. b) Building Contractor's prelicensing registration. All Building Contractor's prelicensing registration fees shall be paid to the Office of the Building Commissioner upon review of the completed registration application form, and a written receipt for payment of said fee shall be given by the City. c) Term of registration. All registrations received under this article shall be for a term of one 1) year commencing on the effective date of the surety bond. d) Proof of coverage. Applicants must provide written proof of Workers' Compensation coverage, such as a sworn affidavit signed under penalties of perjury regarding coverage or noncoverage, or a certificate of insurance, at the time of making application. e) Surety bond. Each applicant for registration must also provide a surety bond payable to the City in the penal sum of five thousand dollars($5,000.00), conditioned upon faithful compliance with the provisions of the Building Code as it relates to work performed by the applicant, and agreeing to pay all damages, costs and expenses caused by the applicant through failure to comply with such provisions. Ord. No. 8228-91, § 1; Ord. No. 8313-92, § 1, 11-9-92; Ord. No. 9902-09, § VIII, 2-9-09) All Building Contractor's prelicensing registrations issued under this article shall be accepted as a privilege to do business within the City. Ord. No. 8228-91, § I) All Building Contractor's prelicensing registrations issued under this article are nontransferable. Ord. No. 8228-91, § 1) The registration procedure set forth in this article is supplemental to all other regulations set forth in Chapter 6 of this Code. In the event of conflict, these regulations shall supersede all others. Ord. No. 8228-91, § 1) a) Upon learning that a person or entity is doing business as a Building Contractor, as defined herein, without having registered, a citation shall be issued to said person or entity by the City for each violation. b) Citations may be issued for each and every violation of the required provisions of this article, and each such violation shall be treated as a separate act for which a citation may be issued. Page 40 of 42 c) Citations issued under this article shall contain the date, time, name and address of the violator, the Code section violated, the nature of the violation, location of the violation, the name of the officer issuing the citation and instructions as to the disposition of the citation(s). d) Each citation issued under this article shall impose a fifty dollar($50.00) fine payable through the Department as addressed in Section 2-213 of this Code. e) Additionally, whenever any work is being done contrary to the provisions of this article, the Building Commissioner, or his designee, may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the Building Commissioner, or his designee to proceed with the work. f) Any person who subsequently violates any provisions of this article in the same year for which registration was required, shall be subject, upon conviction, to a fine of not less than two hundred fifty dollars ($250.00)and not more than two thousand five hundred dollars 2,500.00), and possible suspension or revocation of any registrations issued hereunder. g) Each subsequent day of violation shall be considered a separate offense for which a citation may be issued. Ord. No. 8228-91, § 1) SECTION II. If any section, subsection, sentence, clause, or phrase of this Ordinance is, for any reason, declared to be unconstitutional or invalid, such decision shall not affect the validity of the Ordinance as a whole, or any part thereof, other than the part so declared. SECTION III. This Ordinance shall be in full force and effect upon adoption by the Common Council and approval by the Mayor and any publication required by law. Canneth Lee, Council President South Bend Common Council Attest: Bianca Tirado City Clerk Office of the City Clerk Page 41 of 42 Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana, on the day of 2025, at o'clock .m. Bianca Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of 2025,at o'clock m. James Mueller, Mayor City of South Bend Page 42 of 42 BILL NO. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,AMENDING ARTICLES 1 THROUGH 7 AND ARTICLE 11 OF CHAPTER 6 OF THE SOUTH BEND MUNICIPAL CODE TO UPDATE REGULATIONS GOVERNING THE BUILDING DEPARTMENT STATEN!ENT OF PURPOSE AND INTENT Chapter 6 of the South Bend Municipal Code provides the regulations governing the operations of the Building Department within the City of South Bend,among other topics. The proposed ordinance provides key updates to the Articles within Chapter 6 pertaining to the Building Department to address topics such as fee adjustments, procedural improvements, definition updates, and process clarifications in order to support the Building Department's operations and enforcement capabilities. The proposed ordinance increases permit fees to account for inflation and generate revenue necessary to support Building Department operations.The revised fee structure ensures that the costs associated with permit processing, inspections, and enforcement are adequately funded without creating an undue burden on applicants. The proposed ordinance updates definitions to align with state definitions to ensure consistent application and enforcement and minimize ambiguities in interpretation. The proposed ordinance clarifies operational cooperation between the Building and Fire Department in promoting compliance. It also clarifies the process for issuing a stop work order, identifying abandoned projects,and the Building Department's inspection authority. The proposed ordinance provides for a red tag and citation cadence for enforcement of violations of the Building Code to ensure effective enforcement. The proposed ordinance also clarifies demolition requirements,including compliance with Indiana Department of Environmental Management requirements, access to the right-of-way, handling of construction and demolition waste,and leaving the site in a buildable state. The proposed ordinance clarifies the process for contractor registrations contained in Articles 6 and 7,including the requirements for an application and the process for approval.It also includes requirements for suspending or revoking a registration. The proposed ordinance also contains updated fee schedules for mechanical,plumbing,and electrical permits to ensure that the fee schedules set forth in the ordinance align with Building Department forms to avoid confusion. Page I ofil Filed in Clerk's Office Bianca Tirado City Clerk, South Bend, IN The proposed ordinance also addresses new requirements adopted by the Indiana General Assembly to take effect on January 1,2026 applicable to Class 2 structures requiring municipalities to allow private providers to perform certain plan reviews and inspections. This ordinance amendment is necessary for the effective, efficient administration of the Building Department. This ordinance is in the best interest of the City and its residents. NOW,THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL,OF THE CITY OF SOUTH BEND,INDIANA as follows: SECTION I. Articles I through 7 and 11 of Chapter 6 shall be amended as follows: CHAPTER 6 BUILDING1 ARTICLE 1.GENERAL PROVISIONS Sec.6-1.Definitions. As used in this chapter: I) Building Code means the provisions of this chapter and the standard state-wide Building Codes as adopted by reference in this chapter,and as amended by this chapter. 2) Building Official,code official,and Building Commissioner mean the City of South Bend's Building Commissioner,or their designee. 3) City means the City of South Bend,Indiana. f 1) Department means the City of South Bend's Building Department. 4)"Class I structure"has the meaning ascribed thereto in IC 22-12-1-4. 5)"Class 2 structure- has the meaning ascribed thereto in IC 22-12-1-5. 6)"Commission"has the meaning ascribed thereto in IC 22-12-1-6. 7)-Construction-has the meaning ascribed thereto in IC 22-12-1-7. 84)Department means the City of South Bend's Building Department. Editor's note(s)—Ord.No.8243-92,§ I,adopted Feb. 10, 1992,amended Ch.6,Arts. 1-10 to read as herein set out.Prior to amendment,Arts. 1-10 contained§§6-1-6-4,6-4.1-6- 4.5,6-5,6-6,6-6.1-6-6.3,6-6.3.5,6-6.5,6-7,6-7.1,6-7.2,6-8,6-8.1,6-9-6-25,6-36,6- 36.1-6-36.3,6-37-6-44,which pertained to similar subject matter.For a comprehensive listing of the ordinances from which Arts. 1-10 derived,please refer to the Code Comparative Table in the back of this Code book. Cross reference(s)—Plumbing permit fees,§6-10(ca);plumbing contractors'registration fees,§ 6-10(dH)(32)(b);public occupancy permit lees. §6 114d),heating,air conditioning and ventilating contractors'l icen eregistration fees,§6-36(th)(2)(ti).(xv);installation fees for heating,ventilating air conditioning and refrigeration equipment,§6-36.+(13c)(41. State law reference(s)—Building Code compliance and enforcement,IC 36-7-9-1 et seq.;power of Council to regulate building,IC 36-7-10-2. Page 2 of 51 9)-Industrialized building system"has the meaning ascribed thereto in IC 22-12-1-14. 10)"Manufactured home"has the meaning ascribed thereto in IC 22-12-1-16. II)"Mobile structure"has the meaning ascribed thereto in IC 22-12-1-17. 12)"Person"has the meaning ascribed thereto in IC 22-12-1-18. 13)"Structure"means both Class 1 and Class 2 structures,unless specifically stated otherwise. 14) Temporary structure"has the meaning set forth in 675 tAC 12-6-2(t). 15)"Vehicular bridge"has the meaning ascribed thereto in IC 22-12-1-26. Tenns not defined":Where terms are not defined in this Ordinance and are defined in the General Administrative Rules,Indiana Building Code,Indiana Fire Code,Indiana Mechanical Code and Indiana Fuel Gas Code,such terms shall have the meanings ascribed to them as in those codes.Where terms are not defined through the methods authorized,such terms shall have ordinarily accepted meanings such as the context implies. Ord.No.8243-92,§ 1) Sec.6-2.Powers of County Health Department,Health Officer and Chief of Fire Department not affected by chapter. Nothing contained in this chapter shall be deemed to reduce,limit,or remove any of the power or authority of the County Health Department,the Health Officer or the Chief of the Fire Department. Ord.No.8243-92,§ 1) Sec.6-3.Effect of chapter as to other ordinances or laws. Nothing contained in this chapter shall be deemed to reduce or remove any pertinent provisions of other ordinances or laws now in effect unless specifically designated in this chapter or unless such provisions are less restricted than similar provisions of this chapter. Ord.No.8243-92,§ 1) Sec.6-4.Permit fees. a) No person shall build or construct any new building or structure,or alter,repair,remodel, demolish,or move an existing structure,or install a sign,billboard,fence,in-ground pool, or wood burning stove within the City without obtaining,in advance,a permit from the Department. b) Withhold issuance of permits. 1) Whenever a person owes fees to the Building Department(including checks returned for insufficient funds,permit fees owed pursuant to the South Bend Municipal Code,or inspection fees owed pursuant to the South Bend Municipal Code)applies for or otherwise seeks to obtain a building permit,the Building Commissioner shall withhold the issuance of a building permit to such person until such time that all fees are paid or are no longer due and owing by operation of law. Page 3 of 51 2) Whenever a person applies for a building permit for a structure that is not being used or constructed in conformance with the Zoning Ordinance or any other ordinance relating to land use,the Building Commissioner shall withhold the issuance of the requested building permit until such time that the structure is brought into conformance with all applicable ordinances;provided,however,that if additional construction is necessary to achieve compliance,the Building Commissioner is authorized to permit such construction,which shall be performed in accordance with all applicable laws and subject to regulation and enforcement by the Building Department. c) Permit revocation.The Building Commissioner shall revoke a building permit when any of the following is applicable: 1) The application,plans or supporting documents contain a false statement or misrepresentation as to a material fact; 2) The application,plans or supporting documents reflect a lack of compliance with building standards and procedures; 3) There is a failure to comply with any provisions of state or local law;or 4) The structure for which the building permit has been issued is not being used or constructed in compliance with the Zoning Ordinance or any other ordinance relating to land use. d) Where a building permit for a building or structure has been issued prior to the effective date of the ordinance from which this section is derived,and provided that construction begins within six(6)months of the effective date and is diligently performed to completion, that building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued,and further,may,upon completion,be occupied under a certificate of occupancy for the use for which was originally designated, subject thereafter,if applicable,to the provisions herein for nonconforming buildings, structures,and uses. e) Unless otherwise provided in the Building Code,the fees to be charged for the issuance of permits by the Department shall be paid at the time the permit is issued. 1) The fee for permits issued for residential and commercial new construction and building additions shall be based upon the following: a. Cost per Square Foot(CSF)times the total square footage(TSF)times the Local Variable Factor(LVF)of$0.00098.rounded down to the nearest whole dollar. b. Cost per square foot(CSF)shall be determined by the International Code Council Building Valuation Table in effect in January of each year. c. The cost per square foot(CSF)by occupancy classifications shall be amended as follows: 1. Groups F-I,F-2,H-I,H-2,H-3,H-4,and M shall have the same rate as A-3. 2. Groups 1-4,R-2,and R-4 shall have the same rate as I-1. 3. Groups S-1,S-2,and U shall have the same rate as R-3. d. Minimum fee—Forty Sixty dollars($640.00). 2) Permits issued for all alterations,repairs,remodeling of existing structures over five hundred dollars($500.00),fence installations,in-ground-swimming pool installations, communication towers,and utilities,as verified by the submitted documentation shall be subject to the following fee schedule: Estimated Construction Costs I Permit Fees 1 Page 4 of 51 1.00 to$3,000.00 4460.00 3,001.00 to 4,000.00 4365.00 4,001.00 to 5,000.00 5470.00 5,001.00 to 6,000.00 5575.00 6,001.00 to 7,000.00 6080.00 7,001.00 to 8,000.00 4585.00 8,001.00 to 9,000.00 7090.00 9,001.00 to 10,000.00 7595.00 10,001.00 to 11,000.00 80100.00 11,001.00 to 12,000.00 8-5105.00 12,001.00 to 13,000.00 90110.00 13,001.00 to 14,000.00 951 15.00 14,001.00 to 15,000.00 400120.00 15,001.00 to 16,000.00 40-5125.00 16,001.00 to 17.000.00 440130.00 17,001.00 to 18,000.00 44-5135.00 18,001.00 to 19,000.00 4+8140.00 19,001.00 to 20.000.00 4-24-145.00 20,001.00 to 21,000.00 4-24150.00 21,001.00 to 22,000.00 4277155.00 22,001.00 to 23,000.00 430160.00 23,001.00 to 24,000.00 4-3,4165.00 24,001.00 to 25,000.00 446170.00 25,001.00 to 26,000.00 449175.00 26,001.00 to 27,000.00 14-2180.00 27,001.00 to 28,000.00 44-5185.00 28,001.00 to 29,000.00 44 4190.00 29,001.00 to 30,000.00 444-195.00 30,001.00 to 31,000.00 434200.00 31,001.00 to 32,000.00 57205.00 32,001.00 to 33,000.00 4-64210.00 33,001.00 to 34,000.00 463215,00 34,001.00 to 35,000.00 166220.00 35,001.00 to 36,000.00 1-692 5.00 36,001.00 to 37,000.00 4-7-2230.00 37,001.00 to 38,000.00 4-7-5235.00 38,001.00 to 39,000.00 4-38240.00 39,001.00 to 40,000.00 • 48+245.00 40,001.00 to 41,000.00 184250.00 41,001.00 to 42,000.00 46-7255.00 42,001.00 to 43,000.00 I-90260.00 43,001.00 to 44,000.00 443265.00 44,001.00 to 45,000.00 1-914270.00 45,001.00 to 46,000.00 4-99275.00 46,001.00 to 47,000.00 207280.00 47,001.00 to 48,000.00 705285.00 48,001.00 to 49,000.00 208290.00 49,001_00 to 50,000.00 24-1-295.00 50,001.00 to 51.000.00 24-4300.00 51,001.00 to 52,000.00 243305.00 Page 5 of 51 52,001.00 to 53,000.00 220310.00 53,001.00 to 54,000.00 224315.00 54,001.00 to 55,000.00 226320.00 55,001.00 to 56,000.00 2--9325.00 56,001.00 to 57,000.00 232330.00 57,001.00 to 58,000.00 235335.00 58,001.00 to 59,000.00 237340.00 59,001.00 to 60,000.00 239345.00 60,001.00 to 61,000.00 244350.00 61,001.00 to 62,000.00 24,1355.00 62,001.00 to 63,000.00 245360.00 63,001.00 to 64,000.00 247365.00 64,001.00 to 65,000.00 2-49370.00 65,001.00 to 66,000.00 2 4-375.00 66,001.00 to 67,000.00 254380.00 67,001.00 to 68,000.00 255385.00 68,001.00 to 69,000.00 25-7390.00 69,001.00 to 70,000.00 2 939 .00 70,001.00 to 71,000.00 261 100.00 71,001.00 to 72,000.00 263105.00 72,001.00 to 73,000.00 265110.00 73,001.00 to 74,000.00 267115.00 74,001.00 to 75,000.00 269120.00 75,001.00 to 76,000.00 271 125.00 76,001.00 to 77,000.00 2-71430.00 77,001.00 to 78,000.00 275435.00 78,001.00 to 79,000.00 277440.00 79,001.00 to 80,000.00 279145.00 80,001.00 to 81,000.00 281 150.00 81,001.00 to 82,000.00 283155.00 82,001.00 to 83,000.00 2851.60.00 83,001.00 to 84,000.00 287465.00 84,001.00 to 85,000.00 289170.00 85,001.00 to 86,000.00 294475.00 86,001.00 to 87,000.00 293 180.00 87,001.00 to 88,000.00 295485.00 88,001.00 to 89,000.00 297490.00 89,001.00 to 90 000.00 299495.00 90,001.00 to 91,000.00 304500.00 91,001.00 to 92,000.00 303505.00 92,001.00 to 93,000.00 305510.00 93,001.00 to 94,000.00 397515.00 94,001.00 to 95,000.00 309520.00 95,001.00 to 96,000.00 344-525.00 96,001.00 to 97,000.00 344530.00 97,001.00 to 98,000.00 345535.00 98,001.00 to 99,000.00 347540.00 99,001.00 to 100,000.00 320545.00 100,000 and up 32-0550.00 Page 6 of 51 Plus,per[one]thousand dollars($1,000.00)of estimated construction cost thereafter,up to one million dollars($1,000,000.00)total estimated construction cost. 0.90 Plus,per one thousand dollars($1,000.00)of estimated construction costs there:atter 0.60 3) Forty Sixty dollars($4060.00)for each reinspection made by department inspectors of commercial and industrial projects. 4) Sixty HO-ay dollars($6080.00)for each additional final inspection necessitated by the failure to pass the previous final inspection. 5) Reserved. 6) Reserved. 7) Sign Permits.Fees shall be charged for the issuance of permits for the installation or erection of freestanding signs;billboards,including outdoor and off-premises signs; fascia signs;marquee or canopy signs and for lettering on buildings as follows: a. Under one(1)square foot or less of display area and embellishments:No fee; b. One(I)square foot to twenty-five(25)square feet of display area and embellishments:Forty dollars($40.00); c. Twenty-six(26)square feet to fifty(50)square feet of display area and embellishments:Sixty dollars($60.00); d. Fifty-one(51)square feet to one hundred(100)square feet of display area and embellishments:Eighty-five dollars($85.00); e. In excess of one hundred(100)square feet of display area and embellishments: One hundred twenty dollars($120.00); f Temporary signs: Initial permit,Forty dollars($40.00);each extension of a temporary permit,Forty-five dollars($45.00). 8) Wrecking and demolition permit fees shall be as follows: a. Residential: 1. $0.02 per square foot,with a minimum fee of Forty Sixty dollars($4060.00). b. Commercial: I. $0.015 per square foot,with a minimum fee of Forty Sixty dollars 4060.00). 9) Move any one-or two-story building over public streets or alleys:One hundred twenty-five dollars($125.00). 10) Move any building greater than two(2)stories in height over public streets or alleys: One hundred seventy-five dollars($175.00). 1 1)The fee for installation of a wood-burning stove shall be forty sixty dollars($4060.00) per flue(including chimney and chimney connector). f) The fees provided in this section shall not include permits for plumbing,heating or electrical installations covered by other provisions of this Code or other ordinances of the City. g) Refunds of fees paid for permits which have been revoked for any reason,or which have expired prior to full completion of work shall not be made;nor shall such fee be applied to reduce the fee of any subsequent permit issued by the Department,including any permit which may be issued for any structure at the same location. h) Where a person shall unlawfully proceed to do any work or construction without a required permit,the applicable permit fees shall be tripled as a penalty.The payment of such penalty shall not release the person in default from any other penalties hereafter provided,nor from compliance with any relevant provisions of the Building Code. Page 7ot'51 i) The Building Commissioner shall periodically review the permit fees charged by the Department,comparing the fees to those charged by other local governmental entities and comparing the total annual fees collected to the annual cost of operating the Building Department.Such a review shall be made at least once every three(3)years.The Building Commissioner shall report the findings and conclusions from such review to the Common Council of the City. Ord.No.8243-92,§ 1;Ord.No.8931-98,§ 1;Ord.No.9126-00,§ I;Ord.No.9528-04,§§ 1, 2;Ord.No.9779-07,§ 1,8-27-07;Ord.No. 10137-11,§I, 12-12-11;Ord.No. 10394-15,§ I, 10-26-15;Ord.No. 10662-19,§I,8-26-19) Sec.6-4.1.Filing fees;improvement location permits and document processing/preparation fees. The fees levied by this section shall be paid prior to the issuance or acceptance by the Building Commissioner of any applications filed. I) Tent and Temporary Structures: a First Term$4960 00 b Renewal$4365 00 2) Document Processing/Preparation Fees: Verification Documents$5970.00 3) Fire Department Commercial Plan Review Fees: a. Sprinklered Building$348.00 b. Non-sprinklered Building$205.00 c. Addition$253.00 d Remodel-under S58,001 00 as follows: I 00 to 1.000.00$45 00 S1,001.00 to 2,000.00.550,00 2,001.00 to 3,000.00$55.00 3,001.00 to 4,000.00$60.00 4,001 00 to 5,000.00$65 00 5.001 00 to 6,000.00$70.00 6,001 00 to 7,000.00$75.00 7,001.00 to 8,000.00$80.00 8,001 00 to 9,000.00$85 00 9.001 00 to 10,000,00$90.00 10,001.00 to 11,000.00$95 00 11,001.00 to 12,000.00$100.00 12,001.00 to 13,000.00$10500 13,001.00 to 14,000.00$110.00 14,001.00 to 15,000.00$1 15.00 15,001.00 to 16,000.00$120.00 16,001.00 to 17,000.00$125.00 17,001.00 to 18,000.00$130.00 18,001.00 to 19,000.00$133.00 19,001.00 to 20,000.00$136.00 20,001.00 to 21,000 00$139,00 21,001.00 to 22,000.00$142.00 22,001.00 to 23,000.00$145 00 23,001 00 to 24,000.00$148.00 S24,001 00 to 25,000.00$151.00 25,001.00 to 26,000.00$154.00 26,001.00 to 27,000.00$157.00 27,001.00 to 28,000.00$160.00 28,001 00 to 29,000.00 S163.00 29,001.00 to 30,000.00$166.00 30,001.00 to 31,000.00 S169.00 Page 8 o1.51 31,001.00 to 32,000.00$172.00 32,001.00 to 33,000.00$175.00 33,001.00 to 34,000 00$178 00 34,001.00 to 35,000.00$181 00 35,001.00 to 36,000.00$184.00 36,001.00 to 37,000.00$187.00 37,001.00 to 38,000.00$190 00 38,001.00 to 39,000.00$193 00 39,001.00 to 40,000.00$196 00 40,001.00 to 41,000.00$199.00 41,001.00 to 42,000.00 5202.00 42,001.00 to 43,000.00$205.00 43,001.00 to 44,000 00$208.00 44,001 00 to 45,000 00$211.00 45,001.00 to 46,000.00$214.00 46,001.00 to 47,000.00$217.00 47,001.00 to 48,000.00$220 00 48,001.00 to 49,000.00$223 00 49,001.00 to 50,000.00$226.00 50,001.00 to 51,000.00$229.00 51,001.00 to 52,000.00$232.00 52,001 00 to 53,000 00$235.00 53,001.00 to 54,000.00$238.00 54,001.00 to 55,000.00$241 00 55,001.00 to 56,000.00$244.00 56,001.00 to 57,000.00$247.00 57,001.00 to 58,000.00$250 00 e. Remodeling over$58,000$253 00 All of the above include a$15.00 Processing Fee. 4) Northeast Neighborhood Development Area Overlay Zoning District a/k/a Northeast Neighborhood Development Area Design Review Fees: Required for all standalone residential or commercial new construction,in addition to • Formatted:Indent First line: 0" and separate from any other permit,processing,or review fee:$160.00 The Department's review or processing of all of the above listed matters is subject to form and submission requirements which are available for inspection in the office of the Building Department,and viewable on the City website,www.southbendin.gov. 5) Engineering Review Fees: a. Downspout/Drainage Disconnection Check: Field check to determine whether building or site discharges stormwater through pipe conveyance into City sewer system. I) Previously Confirmed Disconnect:exempt 2) Single-Use Residential:$20.00* 3) Other:$50.00* Downspout/Drain Disconnection Fee shall be waived until January 1,2018. b. Drainage Review(Required of all non-single-use residential)$150.00 c. Utility Verification Fee$50.00 Ord.No.9779-07,§III,8-27-07;Ord.No.9902-09,§1,2-9-09;Ord.No. 10137-11,§II, 12-12- 11;Ord.No. 10177-12,§I,8-13-12;Ord.No. 10394-15,§II, 10-26-15;Ord.No. 10403-15, I, 11-23-15;Ord.No. 10575-18,§II, 1-22-18) Page 9 of 51 Sec.6-4.2.Building Code available. At least two(2)copies of the Building Code,together with amendments and supplements thereto,shall be kept in the Department office for public inspection. Ord.No.8243-92,§ l;Ord.No.9779-07,§IL 8-27-07) Sec.6-4.3.Enforcement by Building Department. a) The Building Department_with the assistance of the South Bend Fire Department as necessarc or required.is the City agency to administer and enforce the rules,regulations,and code adopted and promulgated under this chapter. fa-HNo b) No building permit will be issued to a person that would cause a violation of IC 22-15-3-7. ath This building code does not apply to an industrialized building system or mobile structure that is • Formatted:Numbered+Level:1+Numbering Style:a, certified under IC 22-15-4. b,c,...+Start at.1+Alignment:Left+Aligned at: LPL 1.0.25"+Indent at 0.5" elsewhere in this Ordin rtee d 1 Whenever a person applies for a building permit for a Structure that is not being used or constructed in conformance with applicable provisions of an applicable zoning ordinance or other ordinance relating to land use,the Building Commissioner is authorized to withhold the issuance of requested permit(s)until such time that the property is brought into conformance with applicable ordinances. lei Stop Work Order f Formatted: No bullets or numbering Stop Work Order I I) The Building Commissioner may issue an order requiring suspension of the pertinent • Formatted:Numbered+Level:1+Numbering Style:1, 2,3,...+Start at 1+Alignment Left+Aligned at: 0.5"Construction(stop-work order)in accordance with this section. A stop-work order may also Indent at 0.75" take the form of a cease and desist order i. The stop work order shall: I. Ifa4-Be in writing. 2. (b)State with specificity the Construction to which it is applicable and the reason for its issuance. 3. 1-e+Be posted on the property in a conspicuous place. 1-4.Identify the specific law,order,or interpretation upon which the finding of noncompliance is based,specifying the edition,chapter,and section of any applicable building or fire codes. 5. The stop-work order shall state the conditions under which Construction may he resumed. ii. If practicable,the stop work order shall be given to: 1. The person doing the Construction;and 2. To the owner of the property or the owner's agent. iii. The Building Commissioner may issue a stop-work order if: Page 10 of 51 1. Construction is proceeding in an unsafe manner,including,but not limited to,in violation of any standard set forth in this Ordinance or any state or federal law pertaining to safety during Construction. 2. Construction is occurring in violation of this Ordinance or in such a manner that if Construction is allowed to proceed,there is a reasonable probability that it will be substantially difficult to correct the violation. 3. Construction for which a building permit is required is proceeding without a building permit being in force. d—The issuance of a stop-work order shall in no wa\_limit the operation of penalties Formatted:Numbered+Level:1+Numbering Style:a, provided elsewhere in this ordinance. b,c,...+Start at 1+Alignment:Left+Aligned at: C. Jo determine the acceptability of t,:chnol g process products,facilities, • 025"+Indent at 0.5" Formatted:Not Highlight Formatted:Indent Left: 0.33",First line: 0.33", No bullets or numbering and report.;hall he prepared by u design pratesional as defined in.675 IAC 12 6 2idi.and b Ord.No.8243-92,§ 1;Ord.No.9779-07,§II,8-27-07) Formatted:Paragraph 1 Sec.6-4.4.Building Commissioner—Established. a) The Mayor shall appoint a Building Commissioner,who shall hold at least a bachelor's degree in architecture,mechanical,civil,electrical,or structural engineering from an accredited college or university or shall have at least ten(10)years'progressively responsible experience and a thorough knowledge of the codes adopted by reference by this chapter.The Building Commissioner must obtain a CodeCertitied Building Official certification by the International Code Council within two(2)years of appointment. b) In addition to other duties as assigned,and unless prevented from doing so by any federal, state,or local law,the Building Commissioner shall: 1) Issue or deny all permits from the Department,after review of applications,plans, diagrams,and other documents required by the Department to detenmine compliance with and enforcement of this chapter. 2) Issue stop-work orders where work on a building or structure is occurring in violation of this chapter. 3) Issue or deny certificates of occupancy,in accordance with provisions of the Building Code and Section 6-6.2,of the South Bend Municipal Code. 4) Exercise powers and perform duties accorded the local Building Official under the rules,regulations,and codes adopted and promulgated under this chapter. Ord.No.8243-92,§ l;Ord.No.9779-07,§II,8-27-07;Ord.No. 10225-13, §I,3-25-13;Ord. No. 10701-20,§I, 1-27-20) Page 11 of 51 Sec.6-4.5.Reports and records. a) The Director of the Department shall submit a report to the Mayor annually,covering the work of the Department during the preceding year.The report shall include recommendations for amendments to the Building Code. b) The Department shall keep a permanent,accurate account of all fees and other monies collected and received,the names of persons upon whose account the fees and monies were paid,the date and amount thereof,and the location of the building or premises to which they relate. Ord.No.8243-92,§ l;Ord.No.9779-07,§II,8-27-07) c)Records of advanced structural systems shall be submitted to all necessary departments and/or agencies as outlined in IC 22-11-21. Sec.6-4.6.Employee restrictions—Established. a) Definitions. As used in this section: 1) Conflict of Interest means a direct or indirect financial interest in the issuance of a permit. 2) Permit means: a. An improvement location permit. b. A building permit. c. A certificate of occupancy. d. Approval of a site-specific development plan. e. Approval of a primary or secondary plat. f. Approval of a contingent use,conditional use,special exception or special use. g. Approval of a planned unit development. b) No Department employee shall undertake or submit a bid to or by himself or with others that would engage in or directly or indirectly be connected with the furnishing of labor, materials or appliances for the erection,construction,enlargement,alteration,repair, moving,improving,removing,conversion,demolition,equipping,or maintenance of a building or structure or the preparation of plans or specifications therefor,when such building or structure is subject to the provisions of the Building Code,unless such employee is the owner of such building or structure. c) The Building Commissioner,a building code official,or an inspector may not issue or oversee the issuance of a Permit if he or she has a Conflict of Interest. d) If a building code official or an inspector has a Conflict of Interest,he or she must promptly report the Conflict of Interest to the Building Commissioner,who shall immediately report the Conflict of Interest to the head of the Law Department.If the Building Commissioner has a Conflict of Interest,he or she must report the Conflict of Interest to the head of the Law Department. e) Promptly upon receipt of a report of a Conflict of Interest,the head of the Law Department, or a duly-authorized member of the Law Department,shall appoint a qualified temporary replacement to issue or oversee the issuance of the Permit.This individual must not also have a Conflict of Interest. Ord.No.8243-92,§ 1:Ord.No.9779-07,§II,8-27-07:Ord.No. 10701-20,§II, 1-27-20) Page 12 of 51 Sec.6-4.7.Time limitation on permits. a) All permits issued by the Building Department,except where stricter limits are specifically stated in this chapter or in Chapter 21.the Zoning ordinance,shall be valid when work is started within six(6)months from the date of issuance and completed within one(1)year. b) By request,an extension of six(6)months may be granted,with a maximum of two(2)such extensions. 4 (1)—If work is not completed within two(2)years from the date of issuance,a new permit shall be required.The fees for building permits shall be based on the cost of completion of the work.The fees for all other permits shall be based on the apparatus, equipment,and/or wiring being installed or performed in accordance to the fees listed for that work in this chapter. c)Where work has taken placestarted to construct a structure,Dever-hut no work has taken - Formatted:Font color:Auto,Not Highlight place within two years and where a certificate of occupancy not been issued,that jobsite may be ' '' Formatted:Underline,Font color Auto,Not Highlight considered as abandoned and an order may be issued by the code official to remove the structures or,at the discretion of the commissioner.he referred to Neighborhood Services and Formatted:Font color.Auto,Not Highlight Enforcement to be processed under the Unsafe Building yet. Failure to remove a structure,if ordered pursuant to this subsection.shall he subject to citation for violation of the Municipal Formatted:Font color:Auto Ord.No.9902-09,§II,2-9-09) Sec.6-4.8 Inspections and Investigations All Construction is subject to periodic inspections by the Building Commissioner irrespective of whether a building permit has been,or is required to be,obtained for the purposes of determining myhether the structure meets building standards and procedures and ascertaining, whether the construction and procedures have been accomplished nI a manner consistent with this Building Ordinance and the rules of the Fire Prevention and Building Safety Commission.Nothing in this Code shall be considered a conflict of or more stringent than the rules of the Fire Prevention and Building Safety Commission as set forth in I.C. 22-12-2- 5(b) Sec.6-4.9('lass 2 Structure Permits,Plan Revioi,and Inspections ta) This section shall apply effective Januar\ I.21126 and only to Class 2 structures and applies only in those circumstances when the City requires a building permit.plan review.or inspection for the construction of Class 2 structure b) Where this Section applies.the plan review or inspection required under subsection(al shall be alloyed to be conducted b‘ either: I I An indis idual employed by the City as a building inspector: 2) An indi idual employ ed by another city.town,or county as a building inspector:or 3) A private provider who is: a. An architect registered under I.C.25-4-I: b. A professional engineer registered under 1 C. 25-31-I:or c. A certified building official(as defined in I.C. c) An applicant for a building permit may choose to have a private provider conduct the plan review or inspection provided for under I.C.36-7-2.5 et seq. Page 13 of 51 d) A private provider eneaged to perform a plan review or inspection of a Class 2 structure • Formatted:List Paragraph,Numbered+Level:1+ shall not be an employee of,affiliated with,or financially interested in the person,firm, Numbering Style:a,b,c,...+Start at:1+Alignment: or corporation eneaeed in the project to he reviewed or inspected and shall not be an Left+Aligned at 0.25"+Indent at: 0.5" employ ee of a unit, -- Formatted:Font Not Bold ARTICLE 2.BUILDING RULES AND PROCEDURES Sec.6-5.Adoption by reference. a) Pursuant to IC 22-13-2-3(b),the rules of the Indiana Fire Prevention and Building Safety Commission as set out in the following Articles of Title 675 of the Indiana Administrative Code are hereby incorporated by reference in this code and shall include any later amendments to those rules. 1) Article 13—Building Codes: a. Fire and Building Safety Standards. b. Indiana Building Code. 2) Article 14—Indiana Residential Code; 3) Article 16—Indiana Plumbing Code; 4) Article 17—Indiana Electrical Code; 5) Article 18—Indiana Mechanical Code; 6) Article 19—Indiana Energy Conservation Code; 7) Article 20—Indiana Swimming Pool Code; 8) Article 22—Indiana Fire Code; 9) Article 25—Indiana Fuel Gas Code. 10)Article 28—NFPA Standards b) Also adopted and incorporated by reference into this code are the Design Guidelines for the South Bend Central Development Area,as amended,which shall be applied to real property and appurtenances within the South Bend Central Development Design Area designated in Subsection 6-7(a)(I). Ord.No.8243-92,§ 1;Ord.No.9528-04,§3) Formatted:Not Highlight h, Sec.6-5.2.Local Plan Review by Unit Page 14 of 51 fa) The Department may conduct or may require a local plan review in compliance with IC 22-15-3.3 on any construction project or site development. lb) No later than January I.2026.the Department shall provide a schedule of requirements for obtaining a permit.which includes the following: II Listing of any required plan reviews or inspections,including a statement that an applicant may use either the City or a private provider to conduct any required plan review or inspection and that the applicant must indicate whether it will use a private provider, 2)The timeline provided by LC.36-7-2.5 et seq. for notifications and submission of documents. 3)Any regulators fires charged by the City 4) All requirements for a complete application,including documents.prior approvals,and permits which must be obtained prior to applying for the permit: 5) lithe applicant is using a private provider for plan review or inspection.a copy of the provider's certificate of insurance confirming compliance with the coverage amounts required by I C' 36-7-2.5-26. c Fees I)Applicams electing to use a private provider to perform a plan review or inspection pursuant to the provisions of I.0.36-7-2.5 et seq.are subject to a convenience tee of One Hundred Dollars($100.00)which shall he paid at the time the application is submitted. 2)The City may withhold this convenience fee from fees initially paid for a City- conducted plan review or inspection if the applicant switches from a City- conducted plan review or inspection to a private provider. 4 Formatted:Indent Left 1", No bullets or numbering Formatted:Font(Default)Times New Roman,12 pt Formatted:Block 1, No bullets or numbering,Border: Bottom:(No border) Formatted:Block 1, No bullets or numbering Sec.6-6.Administration. Formatted:Font.(Default)Times New Roman,12 pt, a) The Building Commissioner or his designated representative shall have the power to Not Bold administer and enforce the Building Code and any and all ordinances or codes adopted now or hereafter by the Common Council of the City of South Bend that regulate construction, enlargement,repair,alteration,relocation and demolition of buildings and heating, ventilation,air conditioning,electrical and plumbing construction. Al) The Chief of the Fire Department,or his designated representative,shall assist the Building 'Formatted:Not Highlight Commissioner in the inspection of fire suppression,detection and alarm systems.as to those structures within the turisdietion of the Bui)dine Department,and shall provide reports of such inspection to the Building Commissioner. c) The Building Commissioner and the Fire Department shall work cooperatively to conduct inspections and investigations to promote compliance with fire safety laws.as to those structures within the jurisdiction of the Building Department.1-The Fire Department has Page 15 of 51 independent authority to conduct inspections and take enforcement actions under IC 36-8- 174. Ord.No.8243-92,§ 1) Sec.6-6.1.Compliance with Building Code. a) It shall be unlawful for any person,firm or corporation to erect,construct,enlarge,alter, repair,move,improve,remove,convert,demolish,equip,use,occupy,or maintain any building or structure in the City or permit the same to be done,in violation of any of the provisions of the Building Code. b) Any_owner.tenant,or occupant of any building or structure orpart thereof and any Formatted:Not Highlight architect-builder,contractor,agent.or other person who commits,participates in,assists, directs,creates.or maintains any violation of the terms and provisions of this Ordinance may be issued a red tag or violation notice by the Department. c) The Department may issue a red tag notice to a person(i e..any owner,tenant,or occupant of any building or land or part thereof and any architect,builder. contractor.agent.or other person)who commits a s iolation of the Building Code.This notice will be issued by posting such notice in a conspicuous place on the premises where the violation occurs and sending notice to the owner and registered contractor. if applicable. and shall serve as notice that a Building Code violation has been committed. d) No violation shall be issued unless red tag notice as provided by this Section has been provided at least three(3)days before the violation is issued,in order to allow the person receiving notice an opportunity to correct the violation and come into compliance with the terms and provisions of the Building Code. If upon re-inspection,the Building Code violation remains unabated.a second violation ma\ be served at least ten(10)days following service of the initial citation.The violation may be served by personal service: certified mail,return receipt requested,registered mail,or,by posting such notice in a conspicuous place on the lot where the violation occurs.and shall serve as notice that a Building Code violation has been committed. tel No citation shall be issued unless notice as required by Section 6-6.1(d)has been provided at least ten(10)days before the citation is issued. in order to allow the person receiving notice an opportunity to come into compliance with the terms and provisions of the Building Code. If upon reinspection. the Building Code violation remains unabated.a citation accompanied by the lines as specified below may be issued. I) Monetary fines for violations of this Chapter shall he assessed as follows: I) The monetary fine for the first citation shall he not less than Fitt\ Dollars 50.00).The following monetary tines shall apply for each subsequent citation: 2) Second Citation—Minimum$100.0(1 3) Third Citation—Minimum$200.00 4)Each additional—Not to exceed a$300.00 increase in the previously assessed monetary tine.to a maximum monetary line for each citation not to exceed Two Thousand Five Hundred Dollars($2,500.00). 5) Each day that a violation remains uncorrected shall constitute a violation which • {Formatted:Indent Left. 0.33",Hanging: 0.17" may result in the issuance of a subsequent citation. Page 16 of 51 L J :\I tines prescribed by this section shall he deposited with the applicable and for tines of ! Formatted:Not Highlight the Building.I)epartment.The person making the payment shall receive a receipt stating the amount and purpose for which the tine has been paid.a duplicate of which shall he made a part of the records of the City of South Bend. h( If person who receives a citation fails to pay the assessed fine within sixty (60)days after i Formatted:Not Highlight the issuance of a citation.the South Bend Corporation Council. Building Commissioner.or appropriate enti rcement official may file a lawsuit as provided by applicable law to enforce the terms and pros coons of this Ordinance Li) Seeking a penaltyas authorized in this section does not preclude the City from seeking - Formatted:Not Highlight alternative and additional relief from the Court in the same action,or from seeking injunctive relief or any other remedy in a separate action for the enforcement of this Ordinance available under applicable Indiana law. U Any person or anyone acting on behalf thereof u.ho violates or fails to comply_with am of / Formatted:Not Highlight the provisions of the Building Code shall he guilty of an offense and.upon conviction thereof:shall he tined live hundred dollars($500.001.Each day that a violation is permitted to exist shall constitute a separate offense. In the event that a violation ofthis Ordinance is determined to exist by a court of'competent jurisdiction.the owner.tenant,or occupant of any building or land or part thereof and any architect,builder,contractor.agent.or other person who commits.participates in.assists,directs,creates,or maintains any situation that is in violation of the terms and provisions of this Ordinance shall he liable to the City of South Bend for the City's reasonable attorney fees in accordance with Indiana law Iluew Ord.No. 8243-92,§ I) Sec.6-6.2.Certificate of occupancy. a) General.A Certificate of Occupancy shall be required for all new residential dwelling,new non-residential structures,and non-residential structures with renovations over the cost of te+fifty thousand dollars(Sf40,000.00),with the exception of a renovation involving life safety issues. b) Use and Occupancy.No building or structure as listed in Subsection 6.6.2(a)shall be used or occupied until the building official has issued a Certificate of Occupancy as provided herein. Issuance of a Certificate of Occupancy shall not be construed as an approval or waiver of a violation of the provisions of the Building Codes or of any other ordinances enforced by the Building Department. It shall be unlawful to use or occupy a building or structure as listed in Subsection 6.6.2(a)without the issuance of a Certificate of Occupancy. c) Certificate Issued.After the building official inspects the building or structure and finds no violations of the provision of the Codes listed above,the building official shall issue a Certificate of Occupancy that contains the following: 1) The building permit number. 2) The address of the structure. Page 17 of 51 3) The name and address of the owner. 4) The township in which the structure is located. 5) The name and address of the general contractor. 6) The State project number,if applicable. 7) The zoning of the property. 8) •The occupancy group/use of the structure. 14 9) A statement that the described structure or portion of the structure has been inspected for compliance with the requirements of the codes for the occupancy and use for which the proposed occupancy is classified. 10)Any special stipulations and conditions of the building permit. 1 i)The name of the building official. d) Temporary Occupancy.The building official is authorized to issue a Temporary Certificate of Occupancy before the completion of the entire work covered by the permit,provided that such portion or portions shall be occupied safely.The building official shall set a time period during which the Temporary Certificate of Occupancy is valid. e) Revocation.The building official is authorized to,in writing,suspend or revoke a Certificate of Occupancy issued under the provision of this section wherever the Certificate is issued in error,or on the basis of incorrect information supplied,or where it is determined that the building or structure or portion thereof is in violation of any regulation of the provisions of the codes and/or ordinances. Ord.No. 10225-13,§11I,3-25-13) Sec.6-6,3.Moving permit. a) No person,firm,or corporation shall move any building or structure in the City or cause the same to be done without obtaining in advance a moving permit from the Department; provided,however,that the provisions of this section shall not apply to the moving of manufactured housing prior to its initial installation in compliance with Subsection 2 1 02 I I(I)i6IBthe provisions of the South Bend Municipal Code. b) The applicant must file with the Department a completed application on the form provided, with all information indicated on the application submitted in full and with all other required information,including: the extreme height,width and length of the structure when mounted;the proposed route over which the structure will be moved;a plot plan showing the structure in its proposed new location;affidavits from all public utility companies, railroads,service companies,and cable television companies with facilities along the proposed route,certifying that the applicant has deposited with such company or agency satisfactory surety to cover the cost of any damage or changes in facilities resulting from the moving of the structure over the proposed route;and any additional information the department deems necessary for enforcement of the Building Code.The applicant shall also provide a certificate of insurance showing property damage coverage in the amount of one million dollars($1,000,000.00)and liability coverage in the amount of five million dollars 5,000,000.00),naming the City of South Bend as co-insured. c) Within three(3)days after the completed application and required information has been filed,the Department shall submit the application and information to the Bureau of Traffic and Lighting,the Engineering Department,the Police Department,the Park Department and the Building Commissioner for review and recommendations,with their recommendations Page 18 of 51 being submitted to the Department within five(5)days.The Department shall immediately forward the application,other information,certificate of insurance,and recommendations to the Board of Public Works. d) At its next regularly scheduled meeting,the Board of Public Works shall review the application,information,certificate of insurance,and recommendations to determine the effect that the move of the structure will have on public health,safety or welfare,as well as any possible physical damage to public streets,sidewalks,other public ways and public places and other properties.The Board shall recommend to the Department whether or not to issue the permit.The Department shall follow the recommendation of the Board and shall not issue a moving permit without an affirmative recommendation from the Board. In the event of denial of a permit,the Department shall notify the applicant of such denial in writing setting forth the specific reasons for such denial. e) In the event that the Department denies the moving permit,the applicant shall have the right to request a hearing to review such denial before the Mayor or his designee.Such request shall be made in writing to the Mayor within seven(7)days of the Department's denial of the permit.Notice of hearing for denial of the permit shall be in writing given by the Mayor or his designee.Service of such notice shall be made either by personal service,which shall be certified,or by certified mail,return receipt requested,to the applicant at the last known address,at least five(5)days prior to the date of the hearing.The Mayor or his designee shall file a copy of his findings and determination with the Department,the Board of Public Works,and the applicant within twenty-four(24)hours after it is made.The determination of the Mayor or his designee shall be the final municipal action for the purpose of judicial review. Ord.No.8243-92,§ l;Ord.No. 10225-13,§II,3-25-13) Sec.6-6.4.Demolition permit and registration. a) No person,firm,or corporation shall demolish or cause to be demolished a building or structure in the City without obtaining,in advance,a demolition permit from the Department. b) The applicant shall file with the Department a completed application on the form provided, with all information indicated on the application submitted in full and with all other required information. c) All persons performing demolition work within the City shall be registered with the Department.Registration shall be on forms provided by the Department and shall be accompanied by payment of a registration fee of one hundred twenty-live dollars 12540.00).Said registration shall be for a term of one(1)year,commencing on the effective date of the surety bond required by this section.However,an owner of the property performing their own demolition work shall be exempt from the bonding and registration requirement,to the extent that buildings or structures being demolished are six hundred(600)square feet or under. For buildings wit"the ofh wilding° or structures being demolished which are over six hundred(600)square feet,the owner shall be subject to the bonding requirement set forth in Subsection 6-6.4(d). d) The Department shall not issue a demolition permit until the applicant files a ten thousand Formatted:Not Highlight dollar($10,000.00)bond with the Department,which bond must be approved by the Controller.or their designee(IDEP.\RTM[NT'DI S16111.7),indemnifying the City against Page 19 of 51 all loss or damage to public ways,public places,and other public property during the course of the work under the demolition permit and further conditioning that the applicant will indemnify the City and pay any and all personal and property damages caused by any negligent act or omission in the demolition of such building or structure.However,the owner of the property performing their own demolition work on a building or structure under six hundred(600)square feet shall be exempt from the bond requirement. e) Prior to commencing demolition or renovation activities.the owner or operator of a facility must meet all inspection and notice requirements pursuant to 32,IAC 14-10 et seq.,as amended from time to time. Formatted:Indent Left 0",First line: 0" te) In all cases where traffic control may be necessary during the demolition work or whenever the building or structure to be demolished is adjacent to arterial streets, the Department hall the permit holder shall he required to comp)} with all Department of Public Works and,or Board of Public Works requirements for accessing the right-of-way.The permit holder shall be liable upon his performance bond for the placement of any necessary traffic control devices,such as barricades,warning signs and lights. et) The permit holder shall place any necessary devices such as barricades,warning signs,and, lights when performing demolition work over,across,or upon public sidewalks. he)The permit holder shall take all necessary precautions to protect public ways,public places, and other public property during the course of the work authorized by the demolition permit.The permit holder must repair or replace any public ways,public places,and other public property damaged during the demolition,to conform to current City specifications, with the work to be approved by the Public Works Department. ih) The permit holder shall cut off the sewer service connection to the main sewer line by plugging the sewer line with concrete sufficient to prevent a back-up leak.The permit holder shall notify the Department to inspect the sewer line plug before he begins back- filling. j+) After removing all materials and debris from any basement of a building to be demolished,_Formatted:Not Highlight the permit holder shall entl a free a-ainage ef hleave site in a"buildable state.,"which shall be considered clean compactable till level with the surrounding area,as determined by the Department.Ruhbleized brick does not constitute a buildable state.--unless it otherwise meets the requirements ofthis definition. k1) No fire shall be permitted on the demolition site for the disposition of material resulting from the demolition. Ik) All detwis-and-Fes+due-FeStiltifig-401-1i-the-demektioil-mus-t-be-hauled-Etway--anthdepasritethirt construction and demolition(--CIi') waste must be handled and disposed of properly in a state permitted municipal solid waste MSW")landfill,non-MSW landfill.or C/D site that is authorized to accept such waste defined by 329 LAC 10-2-37).C/D waste mac include scrap lumber.bricks.concrete, stone.glass.wallboard(drywall),roofing.plumbing fixtures.wiring,and nonasbestos insulation..; being• ('1)f et Page 20 of 51 ml)The permit holder shall fill to grade level and grade the lot with three(3)inches of top seiltopsoil.Seeding must be done at the time the lot is graded:provided,however,that seeding shall not be required if a new building is scheduled to be constructed on the demolition site within six(6)months after completion of the demolition. Ord.No.8243-92,§ 1;Ord.No.8931-98,§2;Ord.No.9528-04,§4;Ord.No.9902-09,§III, 2-9-09;Ord.No. 10225-13, §II,3-25-13) Sec.6-6.5.Wood burning stove permit. a) No person,firm,or corporation shall install or cause to be installed a wood burning stove in any building or structure in the City without obtaining in advance a wood burning stove permit from the Department. b) The applicant shall file with the Department a completed application on the form provided, with all information indicated on the application submitted in full and with all other information required by the Department for the enforcement of the Building Code. c) All installations of wood-burning stoves shall be inspected by the Department two(2)times, one(1)each for preliminary venting work and for final,completed installation.The permit holder shall notify the Department at least twenty-four(24)hours in advance of the time the work is ready for inspection.If the work does not pass inspection,a reinspection fee of loft' sixty dollars($640.00)shall be charged for each future inspection of that stage of work. Ord.No.8243-92,§ I;Ord.No.9779-07,§IV,8-27-07;Ord.No. 10137-11,§III, 12-12-I l; Ord.No. 10225-13,§II,3-25-13;Ord.No. 10394-15,§III, 10-26-15) Sec.6-6.6.Sign contractor registration. a) No person,firm,or corporation shall erect or cause to be erected a sign in the City without obtaining,in advance,a sign permit from the Department. b) The applicant shall file with the Department a completed application on the form provided, with all information indicated on the application submitted in full and with all other required information. c) All persons,firm or corporation erecting signs in the City for remuneration shall be registered with the Department.Registration shall be on forms provided by the Department and be accompanied by a five ten thousand dollar($1(15,000.00)bond made payable to the City of South Bend,indemnifying the City against all loss or damage to public ways,public places and other public property during the course of the work under the sign permit and further conditioning that the applicant will indemnify the City and pay any and all personal and property damages caused by any negligent act or omission in the erection of such sign, proof of liability insurance in the amounts of e t\vu hundred thousand dollars 2+00,000.00)per person,three six hundred thousand dollars($6400,000.00)per occurrence,and#i-h-one hundred thousand dollars($50100,000.00)per property damage to save and keep the City harmless from any claims,damages,liabilities,losses,actions,suits or judgments which may be brought,presented,sustained or obtained against the City or its officials because of negligence of the sign hanger,contractor or his agents,or by reason of defects in the construction,or damages resulting from the collapse or failure of any sign, and payment of a registration fee of one hundred twenty-five dollars($125.00).Said Page 21 of 51 registration shall be for a term of one(1)year commencing on the effective date of the surety bond. Ord.No.9126-00,§2;Ord.No.9528-04,§5;Ord.No.9902-09,§IV,2-9-09;Ord.No. 10225- 13,§IT,3-25-13;Ord.No. 10394-15,§IV, 10-26-15) Sec.6-6.7.Soils and water table review required as part of the permit process for new dwelling(s)and building(s). a) Before a permit is issued to build or construct any new dwelling or building within the City, the person submitting the application shall review the Indiana Department of Environmental Management(IDEM)list of sites with significant water withdrawals,or an equivalent of the IDEM list,to determine the building or dwelling's proximity to such significant water withdrawal site,defined as ground water withdrawal of one hundred thousand(100,000)or more gallons per day.For purposes of this Section,dwelling or building refers to habitable structures,including single-family dwellings,two-family dwellings,multifamily dwellings, hotels,motels,boarding houses,lodging houses,bed and breakfasts,and all commercial buildings.The Building Commissioner for purposes of this Section shall include his/her authorized designee. b) Upon the Building Commissioner's review of the applicant's materials required to be submitted,and if the construction site for the building or dwelling is located within one quarter('/,)mile radius around a well head where there exists confirmed operations with significant groundwater withdrawals defined as one hundred thousand(100,000)or more gallons per day,with a map depicting the wells registered to pump over one hundred thousand(100,000)gallons per day in the vicinity of South Bend being maintained in the Building Department.The Building Commissioner shall make as condition(s)of any permit, which may be granted,any or all of the following: 1) Soil boring data at completion of boring,and at twenty-four(24)hours after completion of boring which is recorded on boring log in low permeability soils such as silts and clays.Artesian pressure and seepage zones,if encountered,must also be noted on the boring log; 2) Relocation of the proposed building; 3) Elevation requirements; 4) Denial of a basement in the building; 5) A Soils and Water Table Review conducted by a soil engineer,hydrologist or other person qualified in the study of soils and soil conditions and registered by the State of Indiana as same which indicate and confirm that: i) The soil compressive capacity will support all imposed loads of the proposed building. ii) The lowest point of any habitable space or footing has a minimum of two(2)feet of separation above the seasonal high waterhigh-water level of any subterranean aquifer. c) The Building Commissioner shall also review as part of the building permit process,in addition to the requirements set forth in this Chapter,the new building or dwelling's location on drawings provided by the person applying for a required permit which depict the proposed construction using the following maps,which may be overlays to the drawings submitted' Page 22 of 51 1) St.Joseph County Soils Map. 2) Maps depicting wetlands. 3) Maps depicting tloodplains and compliance with Sections 6-38 and 6-39 of the South Bend Municipal Code. 4) Maps depicting drainage basins/watersheds. d) An"as built"elevation certificate must be submitted to the Building Commissioner.The certificate must indicate the difference between the lowest level of the foundation and the seasonal high-waterhigh-water level of any subterranean aquifer. e) Visual inspection of the damp-proofing and drainage tile must be approved before the basement is back-filled and construction continues on the project. Ord.No. 10235-13,§I,6-24-13) Sec.6-6.8.New well requirements and affected areas. a) Before a new well permit is issued in the City,a Soils and Water Table Review shall be made to the Director of Public Works per Section 6-6.7 that also includes an Area of Influence defined as one-quarter('/)mile radius around the well head. b) All property owners within the Area of Influence of any proposed new well shall be notified within thirty(30)days of any submission to a City entity of an intention to drill. c) No new well permit shall be issued within a distance of three thousand feet(3,000')of any existing production well belonging to the City of South Bend in connection with the city's water supply. Ord.No. 10235-13,§II,6-24-13) Sec.6-6.9.Required process when decommissioning a water well. a) The St.Joseph County Health Officer and the Director of Public Works shall be notified at least thirty(30)days prior to the decommissioning of any water well. b) Whenever a water well has been improperly decommissioned or discontinued for use and does not have formal inactive status,the St.Joseph County Health Officer and the Director of Public Works shall notify the owner of any costs incurred for such noncompliance,which such sums being payable in full within thirty(30)days of such notice and itemized billing. Ord.No. 10235-13,§III,6-24-13) Sec.6-6.10.Suspension or revocation of registrations.refusal to issue registrations. a) The suspension or revocation of any registration,or the refusal to issue any registration under this Code shall be for just cause after notice and opportunity for hearing.pursuant to the provisions of Section 4-16 of this Code Ihi .\registration issued under this Chapter may he suspended or revoked by the Building Commissioner it'it is determined that the holder of a registration has been Page 23 of 51 convicted of any ofthe following offenses.violations,or crimes,within the tive- ear disqualification period as defined by Subsection(d)below: i. Altering historic property: IC 35-43-I-3.5 ii. Arson: IC 35-43-I-I iii. Battery' IC 35-42-2-I iv. Bribery: IC 35-44.1-1-2 v. Burglary: IC'35-43-2-I vi. Counterfeiting: IC'35-43-5-2 vii. Unlawful handling of hazardous waste: IC 13-30-10-1.5 viii. Counterfeiting:IC 35-43-5-2 ix. Forgery: IC 35-43-5-2 x. Fraud: IC 35-43-5-4 l xi. Identity deception: IC 35-43-5-3.5 xii. Impersonation: IC 35-44.1-2-6 xiii. Official misconduct: IC 35-44.1-1-I xiv. Corrupt business influence: IC 35-45-6-2 xv. Tampering with water supph: IC 35-43-1-2.5 xvi. Terrorism: IC'35-47-12-1 xyn. Theft: IC 35-43-4-2 c) Said conviction notwithstanding,before the Building Commissioner may issue a suspension or revocation under this Section,the billowing shall he considered: I) The nature and seriousness of the crime for which the individual was convicted: 2) The passage of time since the commission of the crime: 3) The relationship of the crime to the ability.capacity',and fitness required to perform the duties and discharge the responsibilities of the occupation:and 4) Evidence of rehabilitation or treatment undertaken by the individual that might mitigate against a direct relation to the ability.capacit\.and fitness required to perform the duties and discharge the responsibilities of the occupation. Page 24 of Si d)If an individual has a disqualifying conviction.the period of disqualification may not exceed Live(5)years after the date of the conviction or release from incarceration, whichever is later,unless the individual: I)was convicted of a crime ofyiolence(as defined by IC 35-50-1-2(a)): 2)was convicted of an offense relating to a criminal sexual act(as defined by IC 35-31.5-2-216).or 3)is convicted of a second or subsequent crime during the disqualification eriod. ARTICLE 3. DEVELOPMENT DESIGN REVIEW Sec.6-7.Development design areas. a) The City may designate areas as development design areas.and all real property and appurtenances therein shall be subject to the provisions of this article: I-} S'euth Bevel-C'exfrai-Develop n+eni DesiviArect Begin+ting-at the—point of-intersection v line of S a c ght„f,, ay:then.. nor hw, terl, alone s aid northerly railroad right_of,,ay line to it. tl.th rh .I. f th_. l: the., rth al. :d th tl,.. w - rlyfrfejeetion-f the rth .h .f li .fM St. the l. ,1 the then. f the rli ,f the fr fo _fo alle la of I ..l',. y. tt.Boulevard. thence north..long said protection 7 he centerlin,of.aid a r At th l. :d rth .,ht ,f 1: th rl: fo fo alle 1, le rd: th th alo - :d I: ply be .. 4 St L. Co n the th ri-„I, vF I: ff.,l'... Ile Ct th al. d nh .,I, ,t= 1i ooth e liner the. erl p of tth v rth line of l ,t III the/Original Plot. the I of I I 1 .nd i .rlv .v the r line of the St Io:eph River:thence meandering norther..terly a„d northwesterly,long s aid centerline to the westerly the n„rth r: hrI.ne of Crescent A,cnue.then..,southeasterly r.,the point.,f of the first fourteen foot alley Icing west of.aid Hill Street:thence southeasterly four-teeo4Oot-atte)—IN-iu-g-ffoFfh-otLCrdur-S-tr-eettht,ftee-ees.t-al-onf-sefd-eefttt-fl-i-nt-to-the Page 25 of 51 SUPPLEMENT HISTORY TABLE CHAPTER 6-BUILDING ARTICLE 4.PLUMBING CODE Sarb Svric ri= t o ai r c c i tlrt cciri2i rn-r''rzrr vr.-;,ovtpnYrrri=m rrc£ line of Monroe Street. thence southwesterly„long s.,idpro:ection an, h„ southerly right „f way line of Monro_,Street t„the easterly right of'way line of Lincolnw.,. East.1 I C Hieh,\ay nee southeasterly alo., ....id easterly r:,.ht ine,.f Sitnthen..,. along s.i J I,.. 1.......'..... v I thy..,I. right o way a c andhe h. rly r: ht of„ ..1' ff th At_ V kC 1 ) I J h I10 t c tioi[Ilcl I I r FI TnPp1ZTTTCV CT C'r 1'1rlt-CCllcrRCCTiGC he. ,thy, eit .,f,,t#20: thy.r .rde.,play of Martin ee Tutt's Additio+ he Ci;yorSou:;Bend,l-as-feeorded in--t;a reeerds o d plat. th, , rlin,ofa h. rl . ot'the f r alI h fTutt St. hen,. 1 7 ur c arc i`-niirirrbr-rin cr ecr,i rn c cwir[m r63acv a Indiana Street:thence west along said line to the centerline of Franklin Street:thence E.,........,....,r.re f thy.So...h B„nd.,.,d St L,seph Railroad: t lam.u........uee . ...u.a..c count,..th,nee north ,long said lin_ ,.t th a, to a point of cu ,thence around a 2o6.18 foot radius rz o 1..f c th..., northeasterly long _aid _ l'ne 27.28.29,30,31,32 and 33 in Township 38 North,Range 2 East.and Sections 3 and along said easterl Wa'. line of Be ,' .h i _ h i f h e south 89°16'27"east,a distance of 239.i0 feet:thence south 0°29'1 I' east,a distance of 176.78 feet;thence south 89°07'43"cast,a distance of 27.0l feet to the westerly Page 26 of 51 SUPPLEMENT HISTORY TABLE CHAPTER 6-BUILDING ARTICLE 4.PLUMBING CODE a radius of 957.29 feet and a central angle of 3°26'4 I"and limited in length by a chord which be ars south 1'7o/2 58"e.a.,t ,a.distance a f57 54 Feet. thence contin ing along right of way line of Qen.J:,.Ilri thence e,,: a„line to r b 1'_"f 50?Il/'et:thence rth tl l0111'I:" „dist.an...a g{'111-19 feet,1(1' ?11 " 1131 1 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 of3. 9 feet;thence north 0°08'4 l east,a distance of 371.13 feet;thence north 87°'8'33"west. QG feet:th., nce« rt1, '_ :I'l l", ,J:_tan ,.{"1 I 58 feet Q. Road I: allel th nd 1 JIl Je tharl aF th I S IC D711 M I e{erenced. plan.-Liar 11 the, ,aht of,a line of line o{'I S 20 r t I:l1 feet 1 the r nht of Station 65+00 1 i a l' I iSU711 M: I e S { SD'1i1 M.t I:l fee he le f C 65 Illl T S 11C D'711 1\.f a.t ,aF•he 1 i C' '!1 Ua-.,........, ..,oint hero.. 1'7/l feet t la right.,fStat:,a.. 35100 on Line M at the centerline of the U.S.31 Bypass:thence westerly a distance of 320 feet t t 1 SO f et t the left of Statio„35+pl1 :J I ' ,M th, b ut.tk,a,a su.u Ipusa i ,S I SR2O M th ac,a 1+00 I limited right of w.ay line of the - outhwe. t ramp ofs aid hi_l point 130 Feet so athwest arl,.measured.at right angle.. !'rom aid 1 ine S 1 SR2O A thence northeasterly..di tance as l'250 Feet meal.re,l at ri.I,t,,.,gl es to said T ine S USR20-M-o. anac.tt. it Sta do dill!),n{ S 1 iSR20 A I .,1 h, 12i1 f,tea.-_ t .aa.ct vu.a ua vacua 1 aeasur tedatightangles,northeasterly F rom, a:.1 in tl..aet n e .,, - t..rl. a.„1 n .-.heel. p th fth rrh 1. .f d C ?I: tl h r altar g th north south quarter line o fsaid Section?1 79 36 F.,t to the north portt ofu. ttr utc,ttc,t u.oc,uut qu said Section ?1 thence« rth along then rth , .th n r line.f Se. 30 I , esterly ,long i youth din..to tl .i .., i on Page 27of51 SUPPLEMENT HISTORY TABLE CHAPTER 6-BUILDING ARTICLE 4.PLUMBING CODE b D,ad:th_nee., rth 89°53 1 2 „Iong the ,th line of Cleveland Road and easterly extension. 1075.83 feet.more or less.to the west line of Section 19:thence corner of said Lot 1:thence north 89°19'02"west,2674.83 teat,more or less.to the J th the n -the-h._„ht of, line„f the Indiana Ea..t \;cst Toll Road: then rth Vn°20 23 .lo^ d rth rl ght „ f 1: di ,f line, ith the., ght „f, .line of Olive D.ad:th.nee .th.,I,..,.,the ght „fC b I J o1 Section 17: D, C . O I nn°n3 9" long the_ast line.,fah.,,, e t :_ofsaid._oath,,e t v a distance of th the.outh line of.aid so th,,e t 0.a distance of Ann nn feet.then.. outhr 00°03'a0 ,.est .arallel with the.,.,:t line of the.vest I:_of aid south,,est V. a di ranee sa d soar",line a distanc eet„"once "nn0,,,38 ista.,..,,,f nr lln feet. thence north west parallel with 1 south line a distance of 13Q nn feet:th, th nn°„'38", distance„f205 nn feet t id. ,th line. thence„ .th 89"39 16", along id ,th line a distance of 60 nn feet: thence., .th 00°22'38"east,a distance of 200.00 feet:thence north 89°39'06"west.parallel with the s outh right „f wa, line„f Q.. . Road .,.then. 1, e ,Long th, south-:,htof w.,. b 1'. th.,.......J.... th„,J:-..,.,,...„f I:n,: f et Page 28 of 51 SUPPLEMENT HISTORY TABLE CHAPTER 6-BUILDING ARTICLE 4.PLUMBING CODE 20. the the id fh rl, ght ,F I. r,f the Cle eland R d the ofi th the I: of thef'the with the th „h of 1: o f B.c1. Road:the a d, •to aid th .ht f li f 1 i.1.Road t being d„ e, +d 200 feet f om the e -t line of 1 1 • I' 1' l 1 v f. 'a c Jong _..:J e ntline„ f BriekoaRd to ,point of Intersection twith he eenterli„e ofc weit-l' f h High Meado _Es _Subd: rho I In fe the st I',.,.f said subdivision .. i•ti west line hero.,the east line of the„est halfofthe long the.- ,th line of the U:oh A Je..,J,,ws Est„tes Subdivision and the Hartman& C D Maegt Cubdi : the ,theast c of I of 8 of the Hartman&DeMaeat S„bdiyi then e e alon.,the soutl,line of the Hartman&DeMaegt Subdiy is de,l th 1?O 18 fe ofth I: ,.f th halfof the feet:thence north 5'•9-feet t r i,t Road:thence east 661.02 feet th., _st line of Toll Doad Industrial Park Subdivision .lso being the no th sou h merlin.„ f S,ction 21:th nc north.,1on,, -aid west lin of Toll Road Ind„strial Perk S_..tion'1. rh...,..e nort1,88°53 36"..,.... I??7 59 feet t.,the northeast cast..66. hence a erly.,.h_ta of 1 322 n'7 f aet along then rth line of I ,t I I.nd 1 ,t I C of sai.1 Se. the li .f- d 1 I i elm he the li .f'Se 2l thence along th,,said cast line south 00o distance o f 1 590 -7 feet to the Section.585.04 feet:thence north 89°1 1'31"east a distance of 1219.9'1 feet to the erllne of Portage Dodd:thence s .th 7101 I 25 a along said, erline a distance r of 292.53 feet:thence north 01°02'5 I"west along the east line of the west half of the E T C CUi[a ,_t C C .tE Etiet eenEerhtx of said SeeEien Page 29 of 51 SUPPLEMENT HISTORY TABLE CHAPTER 6-BUILDING ARTICLE 4.PLUMBING CODE h h l' f- i J Se 22 1' of 99 00 f,t:thence s ah rallel, ith saidt See 12:th I, id th l: of Se 27 a di ,f9n flll fe` h 1 I f. !d Se 22 also be the rth I; of Se 27L h, th al„ the rth th rl: of id Se 27 t.,the th t ght of_' h gh of l: „f'Mapte Road:the th, ,d therly along the 1: „f. :1 Mat,le Road nd Be,d: D. the no .f Reg I7. ularl de: r:hed a.follows C' 1 • surly... t.cor er of Section 1 f] Town:h:t,38 North Ran;e 7 East. then..,., rtherly l 85C 36 f et aid p t being the ofth hence .rl, along the. .rlinell Road I r110 36 feet r d the centerline of Olive Road 1,116.28 feet:thence easterly 20 feet to the easterly right 4--wak—l-ine-e4441-ive-Roael-and-plaee-o444eeinninenee-easterly-1-8-0-feet-te-a-ponn,.- ti-reftee-seather-11-2.0-feet-to-ti-penenee-wester-11-8.0-14et-te-a-poienee fier-theFli-24)-feet-I-0-the-peii+t-afid-fitace-e-143egioffirig2 b) Except as hereinafter provided.no person. firm.or corporation,shall erect,construct_ enlarge.alter,repair,mop e.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. I Ord.No.8243-92.§ I.Ord.No.9237-01. I) ARTICLE 4. PLUMBING CODE Sec.6-9.Plumbing Inspector. The Building Commissioner shall appoint a Plumbing Inspector,who shall-may either hold a valid Indiana plumbing license at the time of hire and-or shall-have at least file-ten 5.10)years-experience in plumbing services as defined in section 6-10(c)(1)(a),below.In addition,the Inspector shall have a thorough knowledge of the Indiana Plumbing Code and of approved materials and methods of plumbing necessary for safety to persons and property. Ord.No. 8243-92,§ I) Page 30 of 51 SUPPLEMENT HISTORY TABLE CHAPTER 6-BUILDING ARTICLE 5.CONSTRUCTION PROJECT,TEMPORARY WALKWAYS Sec.6-10.Fees,registration and permits for plumbing services. a) No person shall perform or cause to be performed the installation or alteration of any plumbing work on or within the City without obtaining,in advance,a permit from the Department. b) Where a person shall unlawfully proceed to do any work or installation without a permit as required herein,the applicable permit fee shall be tripled as a penalty.The payment of such penalty shall not release the person in default from any other penalties provided herein,nor from compliance with any relevant provisions of the municipal code. c) Schedule of permit fees.Permits issued for plumbing work within the City shall be subject to the following fee schedule,with a minimum permit fee being forty sixty dollars 460.00). I) Each plumbing fixture or trap or set of fixtures on one(1)trap,including water and drainage piping therefore 6.00 2) Each backflow protection 6.00 3) Each building sewer: a. Under 100' 12.00 b. 100'or over 25.00 4) Each building water: a. Under I00' 12.00 b. 100'or over 25.00 5) Each water softener 7.00 6) Each trailer park sewer_10.00 7) Each drain within building for rainwater systems 6.00 8) Each water heater and/or vent 7.00 9) Each gas reconnection49-99 60.00 10)Each gas piping system,per outlet_3.00 11)Each industrial waste pretreatment interception,including its trap and vent,excepting kitchen-type grease interceptors functioning as fixture traps_8.00 12)Installation,alteration,or repair of water piping and/or water treating equipment 6.00 13)Repair or alteration of drainage or vent piping 6.00 14)Each drywell_12.00 15)Each lawn sprinkler system on any one(1)meter,including backflow protection devices thereof 6.00 16)Fire protection sprinkler system: a. Up to 30 heads 40700 60.00 b. Plus each additional 10 heads thereafter 8.00 17)Gas Fuel tanks and pumps)2.00 18) Back-up generator—Gas line: a. 10 Kv or less 40400 60.00 b. Over 10 Kv54 00 70.00 19)Each reinspection 40400 60.00 20)Each additional final inspection 60-00 75.00 Page 31 of 5I SUPPLEMENT HISTORY TABLE CHAPTER 6-BUILDING ARTICLE 5.CONSTRUCTION PROJECT,TEMPORARY WALKWAYS d) Registration and permits for plumbing services. I) Definitions.As used in this subsection,the following words shall have the following meanings: a. Plumbing services:The construction,installation,removal,alteration,repair, remodeling,or removal and replacement,or the causing of such work to be done, for any plumbing,gas,or drainage equipment,or any water softening or conditioning or water sprinkler equipment or apparatus within or adjacent to any building or premises. b. Excavator:A person who installs sewers or drainage systems and/or devices,such as drain basins,drywalls,storm sewers,sanitary sewers,and septic tanks. c. Journeyman plumber:A person who holds an Indiana license and who engages or offers to engage in,as an occupation or trade,plumbing services under the supervision,direction and responsibility of a license plumbing contractor. d. Maintenance technician:A person who is employed on a permanent basis to keep the premises of a commercial business establishment of multifamily residential establishment in good repair. e. Plumbing contractor:A person who holds an Indiana Plumbing Contractor's License and who,for compensation,undertakes to or submits a bid to or does themselves or services within the entire project,or one who fabricates units of plumbing substantially completed and ready for installation. f. Sewer cleaners:A person who cleans or otherwise repairs sewers. 2) Registration required: a. All persons performing plumbing services within the City shall be a Plumbing contractor and shall register with the Department;provided,however,that the owner-occupant of a dwelling shall not be required to register when he or she is installing,altering or repairing the plumbing of that dwelling. b. Registration shall be on forms provided by the Department and shall be accompanied by payment of a registration fee,as follows: Plumbing contractors$125.00 Excavators(as defined in section 6-10(d)(I)b.125.00 Sewer cleaners_125.00 c. Registrations shall be for a term of one(1)year beginning from the date of issuance. d. Lawn sprinkler contractors,water softener contractors,sewer work,and fire protection sprinkler contractors shall comply with Article 11.Building Contractor Licensing Requirements. e.Aboveground and underground storage tank removal and installation shall submit their necessary IDEM documentation to this department and obtain the necessary permit/s. 3) Permits required: a. No person shall perform plumbing services within the City without obtaining,in advance,a permit from the Department. b. Before a plumbing permit may be issued,the applicant must comply with subsection c.of this section. Page 32 of 51 SUPPLEMENT HISTORY TABLE CHAPTER 6-BUILDING ARTICLE 5.CONSTRUCTION PROJECT,TEMPORARY WALKWAYS c. Other limitations on permit issuance: I. than one it 4r An excavator may only be issued a permit for sewer and water line work to the extent necessary to make connection to internal piping of the structure.Any permit issued under this subsection must be consistent with the Water Works Rules and Regulations.Engineering and Construction Standards.and all provisions of this Code,as amended. 2. A fire protection sprinkler contractor may only be issued a permit to install or repair fire protection sprinkler systems. 3. A lawn sprinkler system contractor may only be issued a permit to install or repair lawn sprinkler systems,including backflow protection devices. 4. A sewer cleaner may only be issued a permit to repair or alter existing drainage piping,or to install sewer or water lines,from a distance of two(2) feet outside of any building or structure to the public way. 5. A water softener dealer may only be issued a permit to install water softening equipment or apparatus. 4) Any contractor performing work pursuant to this Article which is not alread% • [Formatted:Indent Left 0.5",Hanging: 0.5" covered by a current plumbing license or demolition bond must provide a surety bond,payable to the City in the penal sum often thousand dollars(S10,000.00). and conditioned upon faithful compliance with the provisions of the Building Code and agreeing to pay all damages.costs and expenses caused by the negligence of the registration through failure to comply with such provisions. e) All plumbing installations requiring a permit shall be inspected by the plumbing inspector three(3)times,once each for underground work,rough-in work,and final completion.A complete line test shall also be supervised by the plumbing inspector.The plumbing permit holder shall notify the plumbing inspector at least twenty-four(24)hours in advance of the time the work is ready for inspection.If the work does not pass inspection,a reinspection fee offcerty-sixty dollars($(40.00)shall be charged for each future inspection of that stage of work. Ord.No.8243-92,§ 1;Ord.No.8566-94,§ 1;Ord.No.8931-98,§3,8-24-98;Ord.No.9528- 04,§6;Ord.No.9779-07,§§V,VI,8-27-07;Ord.No. 10137-11,§IV, 12-12-11;Ord.No. 10394-15,§V, I0-26-15;Ord.No. 10414-16,§I, 1-11-2016) ARTICLE 5.CONSTRUCTION PROJECT,TEMPORARY WALKWAYS Sec.6-11 Permit requirements. 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 by special permit issued-by tlx:City Engineer-as defined in Chapter 18, Article 7 of the South Bend Municipal Code. Page 33 of 51 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,few-five(45)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) Sec.6-12.Sidewalk or temporary walkway requirements. a) Whenever any building within fctih e(45)feet of or abutting on the sidewalk line is constructed,altered or repaired to a height of more than one(I)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 few-five 45)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 festive(45)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. Ord.No.8243-92,§ I) Page 34 of 51 Sec.6-13.Temporary sheds or trailers;removal. a) Temporary sheds or trailers for office purposes or for storage of tools and materials may be erected or parked upon the public property within the limits prescribed for materials. b) If at any time building operations shall be discontinued for a period of more than thirty(30) days,all such temporary buildings and obstructions shall be removed,leaving a clear unobstructed roadway. c) The period of thirty(30)days may be extended at the discretion of the City Engineer to allow for acts of God,strikes and other acts beyond the contractor's control. Ord.No. 8243-92,§ 1) Sec.6-14.Temporary permission to occupy streets and sidewalks for purpose of building. a) The permission to temporarily occupy streets and sidewalks for the purpose of building is intended for use only in connection with the actual erection,repairing,alteration or removal of buildings and is terminated after completion of such operations. b) No person shall occupy any street or sidewalk after the completion of the operation for which other permit has been issued. Ord.No.8243-92,§ 1) Sec.6-15.Temporary wooden fences;construction;removal. Temporary wooden fences to shield lots during building operations may be erected upon public property if the permit for the same has been obtained.The fences shall not be less than four(4)feet nor more than eight(8)feet in height,and shall be removed within ten 10)days after the external walls of the building are erected and the roof enclosure covered in. Ord.No.8243-92,§ I) Sec.6-16.Advertising on temporary structures,walks and fences prohibited;exception. No person shall use the walls or any portion of the temporary sheds or sidewalk coverings or any fences built around building operations for billboards or for any manner of advertising,except such as may pertain to the building itself. Ord.No.8243-92,§ 1) Sec.6-17.Suspension or revocation of registrations or permits;refusal to issue registrations or permits. The suspension or revocation of any registration or permit,or the refusal to issue any registration or permit under this Code shall be for just cause after notice and hearing thereof pursuant to the provisions of section 1-18. Ord.No.8243-92,§ 1) Page 35 of 51 Sec.6-18.Penalty. Any person or agent or employee who violates any provision of this article shall be subject to penalties as set forth wider this Chapter, The continued violation of any provision shall constitute a separate offense for each and every day such violation may continue. Ord.No.8243-92,§ I) ARTICLE 6.ELECTRICAL CODE Formatted:Not Highlight Sec.6-19.Connections to installations;permit and report required. a) No person shall make connection from a supply of electricity to any electrical equipment, for the installation of which a permit is required,until a permit is issued by the Department. b) No person shall make connections from a supply of electricity which has been disconnected or ordered to be disconnected by the electrical inspector until an order to connect has been issued by the electrical inspector. c) Service change or upgrade shall require the structure to be brought into compliance with the electrical code in effect at the time of the service change or upgrade. Ord.No.8243-92,§ 1:Ord.No.8566-94,§2;Ord.No.9126-00,§3) Sec.6-20.Liability for damages. Nothing in this chapter shall be construed to relieve from or lessen the responsibility or liability of any party owning,operating,controlling,or installing any electrical service or equipment for damages to person or property caused by any defect therefrom.Nothing in this chapter shall be construed to have the City assume any such liability by reason of examination authorized under this chapter or by the licenseregistration and certificate issued pursuant to this chapter. Ord.No.8243-92,§ 1) Sec.6-21.Electrical Inspector. a) Appointment;qualifications.The Building Commissioner shall appoint an Electrical Inspector,who shall have at least five(5)years'experience in installation,alteration,repair or inspection of electrical wiring and equipment for electric light,heat and power in or on buildings or premises or shall have had three(3)years'of such experience and be a graduate of a recognized engineering college or university.In addition,the Inspector shall have a thorough knowledge of the Indiana Electrical Code and of approved materials and methods of electrical construction necessary for safety to persons and property. b) Authority to discontinue use.Upon finding that any electrical equipment is dangerous to persons or property because it is defective or defectively installed,the Electrical Inspector Page 36 of 51 has the authority to order,in writing,the person responsible for the electrical equipment to make changes or repairs necessary to place the equipment in safe condition in compliance with this chapter. If the person responsible does not comply with the order within seventy- two(72)hours from service of the order,the Electrical inspector shall have the authority to disconnect or order the discontinuance of electrical service to such electrical equipment. c) Authority to disconnect electrical equipment.Upon the approval of the Building Commissioner,the Electrical Inspector has the authority to disconnect or cause the disconnection of any electrical equipment immediately upon his determination that such immediate disconnection is necessary for safety to persons or property. Ord.No. 8243-92,§ 1) Sec.6-22.Electrical examining BoardRegistration Approvals. a) n El.ctFi- al Examining Board,refs ed to in this article tlhe B„erd(The Electrical Inspector and/or the Buildine Official(hereinafter the"Examiner''(,shall examine applicants Formatted:Not Highlight for lieenseregistrations under this article,issue certificates therefor to qualified applicants who have paid the prescribed fees and who have passed the examination hereinafter required,and revoke or suspend any licenseregistration after just cause shown.as set forth in Section 6-6.I0. b) 2)Cla n El. ,l Co I)ela .,1 _ 1 the St .. I.diana (1)represent.tiye from a public utiht .ro iding aloct-.,.:..-to St I,seph Jol le-s. Q I ll Ill/.. ach F of the Board he/she . .if t for the El cgal 1-he Boar.l it d....:....-...The Examiner shall examine applicants for lieenseregistrations e / Formatted:Not Highlight gas they are received. cd)The Beec4-Department shall keep a record of all 1-ieefiseregistrations and certificates and may adopt rules and regulations for conduct of examinations and review of registrations. de) Th. _ „be fth Q rd hall f:. tha of bu . members- tl No new licenseregistration under this article shall be issued without written-approval by the BeaetlExanuner, Formatted:Not Highlight Ord.No.8243-92,§ 1;Ord.No.8566-94,§2;Ord.No.9126-00,§4) Sec.6-23.Electrical lieenseregistrations Contractor Registration. a) Required.No person shall perform or cause to be performed any installation,maintenance, alteration,or repair of any electrical equipment within the City without obtaining in advance a 14ee1ieeregistration--from the Building Department. I) Class A electrical contractor's licenseregistration.A Class A electrical contractor's I+eenseregistration-may be issued to a person who is principally engaged in the Page 37 of 51 business of electrical contracting.This l+eenseregistration_entitles the holder and his employees to perform electrical contracting work. 2) Class B industrial electrical heenseregistration.A Class B industrial electrical license registration may be issued to a person who installs,maintains,alters,and/or repairs / Formatted:Font Not Italic electrical equipment,provided that any such work performed shall be confined to the industrial premises described in the I+eenseregistration-application and certificate.No person shall hold more than one(1)Class B licenseregistration_at one(1)time. b) Exemption.No Iteenseregistration=under this article is required for the execution or performance of the following electrical work: 1) Installations of communications systems,installations in recreational vehicles,and installations not covered by the Indiana Electrical Code. 2) The performance of electrical work in a single-family dwelling by the owner-occupant of the dwelling;provided,however,that this exemption does not apply to any person hired by the owner-occupant for compensation to assist or to perform such electrical work on that dwelling. c) Application.Each applicant shall apply in writing d for a 1 c-eRseregistration_at least thirty(30)days before the next scheduled examination date.The application shall include: 1) The class of l-ieewseregistration_applied for. 2) The name and place of business of the applicant. 3) Letter(s)from former employer(s);of a union:or self-employment documentation to show that the applicant has had not less than four(4)years'(or equivalent)experience in the installation,repair and maintenance of residential,commercial or industrial electrical wiring,apparatus or equipment. 4) Payment of a fifty-dollar($50.00) application review fee. 5) Evidence of the applicant's age being at least twenty-one(21)years. 6) An official statement from a law enforcement agency of whether or not the applicant has ever been convicted of a misdemeanor or felony,and if so,the crimes convicted of and the dates and places of such convictions. d) J2xamination. Formatted:Not Highlight e N.an,:nation to h_.givenBoatel o-a..accepted proks.. J.nal t. sting eon,pu.,.,„ r t l: th th. . ch dine t h., pl: eoffi.. l: .h,I. .I.. A. .,I: ..h th hall be ed Proof of a passing exam score from an internationally or nationally recognized electrical examiner.to be determined by the Department and to be reviewed and published annually,shall he submitted with any registration. e) Surety bond. Each applicant for a Class A I4eenseregistration_must also provide a surety bond,payable to the City in the penal sum of t+ ten thousand dollars($1l)a,000.00),and conditioned upon faithful compliance with the provisions of the Building Code as it pertains Page 38 of 51 to the regulation of electrical work and apparatus and agreeing to pay all damages,costs and expenses caused by the negligence of the licenseregistration through failure to comply with such provisions. f) Issuance of certificate: 1) The mod-Examiner shall examine the application,the accompanying documentation and other information provided,examination results,and shall recommend to the Building Department the granting or denying of the lieenseregistration=applied for. Appeal from the denial,suspension or revocation of any l+eenseregistration=by the Bearti-Examiner shall be made according to the procedures in Section 4-16 of the Municipal Code. 2) The Controller Examiner shall issue a licenscregistration=to any approved applicant d b the Board,who has complied with all requirements of the application, including but not limited to the filing of a bond and payment of the prescribed licenseregistration_fee. 3) Each licenseregistration-shall specify the name of the person to whom the tieeeseregistration-is issued,the company name under which the license Fegistri tionedregistration does business,the business address,and the expiration date of the lieenseregistration.The lieenseregistration shall be posted in a conspicuous place in the licensee's registered person's principal place of business. g) 1Vontransferability.Any tieenseregistration-issued under this article is nontransferable to another person,and it shall be unlawful to loan or transfer such 1-ieenseregistration-to the use of any person other than the person in whose name the lieenseregistration_is issued provided;however,that work may be performed under a Class B licenseregistration-_at a different industrial premises from that described in the application and certificate,upon written petition for such change by the lieenseeregistered person,describing the reason therefor,and approval by the Building Commissioner. h) Term of licenseregistration;renewal: I) Term:The term of each licenseregistration-under this article is from the effective date of the surety bond and for twelve(12)months thereafter. 2) Renewal: a. A person is eligible for a renewal ticenseregistration-if he/she holds a valid and unrevoked licenseregistration-under this article and renews the l-ieenseregistration on or before its expiration date. b. A person is also eligible for a renewal licenseregistration_if he/she has held a valid and unrevoked lieenseregistration,which has expired within the previous six 6)months.Under these circumstances,a renewal lieenseregistration_will be granted,but the fee will be increased to the fee required for a new tieerrsereg i strati o n. c. A renewal Iieenseregistration=will not be granted to any person whose previous fieenseregistration has expired for more than six(6)months.Under such circumstances,application must be made and all requirements met for a new licenseregistration as set out above. i) LicenseRegistration Fees: I) Class A: New$125.00 Renewals 125.00 Page 39 of 51 2) Class B: New and renewal l25.00 j) Inactive LicenseRegistrations: 1) Any electrician previously holding a Class A lieenseregistration and is presently employed by a government agency as an Inspector within a Building Department may maintain an inactive tieenseregistration. 2) Term:The term of an inactive licenseregistration under this article is from the date of issuance of the lteenseregistration and for twelve(12)months thereafter. 3) LicenseRegistration Fees: a. Twenty-five dollars($25.00) k) Termination oflieenseregistration holder: I) In the event that the liee,seregistration holder leaves the employment of a business firm,company,or corporation,that business firm,company,or corporation shall have thirty(30)days to secure another liee+aseregistration holder.A new heel seregistration shall be issued in accordance with the provisions set forth in Section 6-23. 2) In the event of a death of the licenseregistration holder,the business firm,company,or corporation shall have six(6)months to secure another lteeeseregistration holder.A new l+eewseregistration shall be issued in accordance with the provisions set forth in Section 6-23. Ord.No.8243-92,§ I;Ord.No.8566-94,§2;Ord.No.8931-98,§4;Ord.No.9126-00,§§5, 6;Ord.No.9528-04,§7;Ord.No.9902-09,§V,2-9-09;Ord.No. 10394-15,§VI, 10-26- 15) Sec.6-24.Permits. a) Required in advance.No person shall perform or cause to be performed the installation or alteration of any electrical wiring or equipment,including fire alarm systems-on or within any building,structure or premises within the City without obtaining,in advance,a permit from the Department. b) Where a person shall unlawfully proceed to do any work or installation without a permit as required herein,the applicable permit fee shall be tripled as a penalty.The payment of such penalty shall not release the person in default from any other penalties provided herein,nor from compliance with any relevant provisions of the Municipal Code. c) Fees.Each application for a permit for installation or alteration of electrical wiring or equipment shall be accompanied by fees in accordance with the schedule below;with a minimum permit fee of torn ,IMM\ dollars($40,01$60.00): 1) Temporary service for construction: All amperage$7.00 2) Switchboards and panel boards each,new and replaced: 60-amp7.00 100-amp9.00 200-amp 12.00 400-amp 15.00 600-amp20.00 Over 600-amp to 2,000-amp25.00 Over 2,000-amp50.00 Page 40of51 3) Circuits(new or replaced): a. Each circuit 5.00 4) Horsepower(machinery): a. First hp 7.00 b. Each additional hp 0.25 5) Backup generator: a. 10 Kv or less$60.00 b. Over 10 Kv 5970.00 6) Pool wiring and/or bonding$60.00 7) Repair,extension,and/or maintenance of wiring$60.00 8) Reset,relocation,reconnect fees,each$60.00 9) Fire alarm systems(commercial)$60.00 109) Each reinspection fee$60.00 481 1) Each additional final inspection$60.00 If the exact number of circuits or horsepower is unknown at the time of the application for a permit,a permit may be taken for the minimum amount known with new permits issued as the extent of the work is known. 12)Solar array$60.00+percentage of the construction cost of whole project.as established b) the Departments tee schedule 13)Electrical vehicle device$60.00 per device Ord.No.8243-92,§ 1;Ord.No.8931-98,§5;Ord.No.9528-04,§9;Ord.No.9779-07,§VII, 8-27-07;Ord.No.9902-09, §VI,2-9-09;Ord.No. 10137-1 I,§V, 12-12-1 l;Ord.No. 10394-15,§VII, 10-26-15) Sec.6-25.Inspections. a) All electrical wiring and equipment installations and alterations requiring a permit shall be inspected by the Electrical Inspector.The permit holder shall notify the Electrical Inspector at least twenty-four(24)hours in advance of the time the work is ready for inspection.If the work does not pass inspection,a reinspection fee of tufty sixty dollars($60.00)shall be charged for each future inspection of that stage of work. b) When any electrical wiring or equipment will be hidden from view by the permanent placement of parts of the building or structure,the permit holder shall notify the Electrical inspector when that stage of work is completed and shall not conceal the work until it has been inspected and approved by the Electrical Inspector;provided,that on large installations where the concealment of wiring or equipment proceeds continuously,the permit holder shall give the Electrical Inspector twenty-four(24)hours'notice,excluding Saturdays, Sundays,and holidays,and the Electrical Inspector shall make inspections periodically during the progress of the work. c) Upon finding the installation or alteration of electrical wiring or equipment to be in conformity with the provisions of the Indiana Electrical Code and of the Building Code,the Electrical Inspector shall issue to the permit holder an inspection report and release with a duplicate copy for delivery to the owner,authorizing the use of the installation or alteration and connection to the supply of electricity.In addition,the Electrical Inspector shall send written notice of such certificate release to the electric utility. Page 41 of 51 d) When the Electrical Inspector issues an inspection report and release authorizing the connection and use of a temporary installation,the release shall be issued to expire at a time to be stated therein.The Electrical Inspector may revoke temporary installation eerti-fteates-o-ILapprovakeleases,in compliance with Section 6-21. Ord.No.8243-92,§ 1;Ord.No.8566-94,§2;Ord.No. 10137-11,§VI, 12-12-I I;Ord.No. 10394-15,§VIII, 10-26-15) Sec.6-26.Reserved. Editor's note(s)—Ord.No.9969-09,§I,adopted Oct.26,2009,repealed§§6-26--26-26.4, which pertained to"Low-voltage contractor registration"and derived from:Ord.No.9902- 09,§VII,adopted Feb.9,2009. Secs.6-27-6-35.Reserved. ARTICLE 7. MECHANICAL CODE Sec.6-36.Mechanical Inspector. The Building Commissioner shall appoint a Mechanical Inspector,who shall have at least five(5)years'experience in heating,air conditioning and ventilating installation, maintenance,alteration,or repair.In addition,the Inspector shall have a thorough knowledge of the Indiana Mechanical Code and of approved materials and methods of heating,air conditioning,and ventilating installation,maintenance,alterations,and repair necessary for safety to persons and property. Ord.No.8243-92,§ 1) Sec.6-36.1.Heating,Air Conditioning and Ventilating Examining BoardContractor Approvals. a) The Mechanical Inspector and/or the Building Official(hereinafter the Examiner.)A- thy-Board)-shall examine applicants for I•ieenseregistrations under this article,issue certificates therefor to qualified applicants who have paid the prescribed fees and who have passed the examination hereinafter required,and revoke or suspend any licenseregistration after just cause shown,as set forth in Section 6-6.(0. be ore such Board b) :14it•-gear-d-slia.14-eanaiat-elLfivo-5-)-meaihers-to-he-appoiated-by-flie-Mityef-7.as-141.ewstwo 2)Class A Contractors.one(1)professional zn_ineer with five(5)years'_experience in f ,bli ili ph C I th D.:1d: !` 1....I. oI.h,Ma . Each ,.ber .hall 7„llar:;($10.0)))for ch m Commissioner o r his her Ae igaet who c)- The Board or its designer The Examiner shall examine applicants for I4eenseregistrations a as they are received. Page 42 of 51 cd) The Board Department shall keep a record of all licenseregistrations and certificates and may adopt rules and regulations for the conduct of examinations and review ofreeistrations. ed) .. members. t) No new licenseregistration under this article shall be issued without written approval of the Ord Ex and i ner. Ord.No.8243-92,§ I;Ord.No. 8566-94,§3;Ord.No.9126-00,§7) Sec.6-36.2.Heating,air conditioning and ventilating tieeoseregistrations. a) Required.No person shall perform or cause to be performed within the City any installation, maintenance,alteration or repair of any heating,air conditioning or ventilating equipment or system without obtaining,in advance,a licenseregistration from the Building Department. I) Heating,air conditioning and ventilating contractor's lie errseregislration. A heating, air conditioning and ventilating contract'or's l+eerrsereg_istration may be issued to a person who is principally engaged in the business of heating,air conditioning or ventilating contracting.This l4ee+rseregistration entitles the holder and his/her employees to perform heating,air conditioning and ventilating contracting work and to sell approved heating,air conditioning and ventilating apparatus and devices. b) Application.Each applicant shall apply in writing for a 14eenseregistration at least thirty(30)days before the next scheduled examination date.The application shall include: I) The name of applicant. 2) The name and address of applicant's place of business. 3) Each applicant for a lieenseregistration must also furnish letter(s)from former employer(s),of a union,or self-employment documentation to show that the applicant has had not less than four(4)years'or equivalent experience in the installation,repair and maintenance of heating,air conditioning,and ventilating equipment or systems. 4) Evidence of the-applicant's age being at least twenty-one(21)years. 5) An official statement from a law enforcement agency of whether or not the applicant has ever been convicted of a misdemeanor or felony,and if so,the crimes convicted of and the dates and places of such convictions. 6) Payment of a fifty-dollar($50.00)examination fee. c) Examination.Tr„ ..,I:a, for a ne.,,Ikons appli_. Mall of« tla h« F:. f25) the pl: Indiana Mechanical!` ode The Department shall l. eep a « let., ord of each for three t atier the date o f the e A n., plicant who fails Proof of a passing exam score from an internationally or nationally Page 43 of 51 recognized mechanical examiner.to be determined by the Department and to be reviewed and published annually,shall he submitted\N ith am registration. d) Surety bond.Each applicant for a Clu:-r.-,.\licenseregistration must also provide a surety bond,payable to the City in the penal sum of five-ten thousand dollars(S I Oa,000.00),and conditioned upon faithful compliance with the provisions of the building code as it pertains to the regulation of heating,air conditioning and ventilating work and apparatus and agreeing to pay all damages,costs and expenses caused by the negligence of the applicant through failure to comply with such provisions. e) Issuance of certificate. 1) The Bo -Examiner shall examine the application,the accompanying documentation and other information provided,and the examination results,and shall recommend to the Building Commissioner the granting or denying of the licenseregistration.Appeal from the denial,suspension or revocation of any licenseregistration by the Examiner shall be made according to the procedures in Section 4-16 of the Municipal Code. 2) The Building Department shall issue a licenseregistration to any applicant approved by the BoardExaminer,who has complied with all requirements of the application, including but not limited to the tiling of a bond and payment of the prescribed licenseregistration fee. 3) Each tieenseregistration shall specify the name of the person to whom the licenseregistration is issued,the company name under which the lieenseregistratione does business,the business address,and the expiration date of the Iicenseregistration. The licenseregistration shall be posted in a conspicuous place in the Iicens-ce':.applicant's principal place of business. f) Nontransferability.Any licenseregistration issued under this article is nontransferable to another person,and it shall be unlawful to loan or transfer such licenseregistration to the use of any person other than the person in whose name the licenseregistration is issued. g) Term of licenseregistration:renewal: I) Term.The term of each licenseregistration under this article commences on the effective date of the surety bond and is for twelve(12)months thereafter. 2) Renewal. a. A person is eligible for a renewal Iieeaseregistration if he/she holds a valid and unrevoked licenseregistration under this article and renews the licenseregistration on or before its expiration date. b. A person is also eligible for a renewal liccnseregistration if he/she has held a valid and unrevoked licenseregistration,which has expired within the previous six(6) months.Under these circumstances,a renewal licenseregistration will be granted, but the fee will be increased to the fee required for a new licenseregistration. c. A renewal licenseregistration will not be granted to any person whose previous I+eenseregistration has expired for more than six(6)months.Under such circumstances,application must be made and all requirements met for a new liee+r eregistration as set out above. h) Exemption. I) No licenseregistration under this article is required for the sale,installation,use, maintenance,alteration or repair of window air conditioning units of two(2) horsepower or less or of electric baseboard cable or panel heating units. Page 44 of 51 2) The performance of heating,air conditioning,and ventilating systems in a single family dwelling by the owner-occupant of the dwelling;provided,however,that this exemption does not apply to any person hired by the owner-occupant for compensation to assist or to perform such heating,air conditioning,and ventilating work on that dwelling. i) LiccnseRegis/ration Fees: New$125.00 Renewal$125.00 j) Inactive li cnscregistrations.: 1) Any heating and air conditioning contractor previously holding a Class A licencereeistration and is presently employed by a government agency as an Inspector within a Building Department may maintain an inactive licencoregistration. 2) Term:The term of an inactive liee+iseregistration under this article is from the date of issuance of the I+eetnseregistration and for twelve(12)months thereafter. 3) LicenseRegistration Fees:twenty-five dollars($25.00). k) Termination of liccnseregistration holder: 1) In the event that the liees seregistration holder leaves the employment of a business firm,company,or corporation,that business firm,company,or corporation shall have thirty(30)days to secure another l+eeeseregistration holder.A new lieet+seregistration shall be issued in accordance with the provisions set forth in Section 6-36.2. 2) In the event of a death of the lieenseregistration holder,the business firm,company,or corporation shall have six(6)months to secure another Iicenseregistration holder.A new licenseregistration shall be issued in accordance with the provisions set forth in Section 6-36.2. Ord.No.8243-92,§ 1;Ord.No.8566-94,§3;Ord.No.8931-98,§6;Ord.No.9126-00,§§8, 9;Ord.No.9528-04,§ 10;Ord.No.9902-09,§VIII,2-9-09;Ord.No. 10394-15,§IX, 10- 26-15) Sec.6-36.3.Permits. a) Required in advance.No person shall perform or cause to be performed the installation of heating,ventilating,air conditioning or refrigeration equipment or systems without obtaining,in advance,a permit from the Department. b) Where a person shall unlawfully proceed to do any work or installation without a permit as required herein,the applicable permit fee shall be tripled as a penalty.The payment of such penalty shall not release the person in default from any other penalties provided herein,nor from compliance with any relevant provisions of the Municipal Code. c) Fees.Each application for a permit for installation of heating,ventilating,air conditioning, and refrigeration equipment or systems shall be accompanied by fees in accordance with the schedule below,with a minimum permit fee being Tort. sixty dollars($4Q 0 $60.00).When the total capacity of any system in any single installation is provided by more than one(I) unit,the sum of the capacities of each unit and the total number of such units shall determine the fee. 1) Heating units: $61).00 Formatted:Indent First line: 0" Page 45 of 51 4&9060.00 131 Oil and as conversions-10.0060.00 1 I) Electric furnaces 1 air handlinz l:10.006000 52)Air Conditioning.Central,Electric: a. Central.electric. 4---Less than 10 tons_404)060.00 b_ Formatted:List 3 Over 10 tons Fi8:9970.00 be. Water chillers 85.00 dr. EMI-air blower 40 0060.00 36)Ventilating and exhaust systems: a. Less than 500 CFM capacity 6.00 b. 500 to 1,500 CFM capacity_12.00 c. Greater than 1.500 CFM capacity 20.00 Plus 1.00 for each 500 CFM or traction thereof in esr,;.;of 1.500 CFM) 47)Ventilating commercial hoods:including make up air: 120.00 a. 500 CFM to 1.500 CFM capacity60.00 b. Over 1.500 CI'M capucit 120.00 58)Refrigeration and engine-driven,gas-fired or oil-fired cooling equipment: a. rsepowerUp to 10 horsepower,each 176_0.00 b. e- More than 10 horsepower,each 454075.00 69)Rooftop combination ' a. Up to 71/2 tons 45-4060 00 b. 71/2 tons or more 78-0075.00 7144) Heat pumps: a. b. 60.000 to 300.000 Btu:70.00 Up to 71/2 tons,each 4?r.8975.00 b. Formatted:List 3 2—7'/tons or more,each_85.00 c. Earth,coupled water source 60.00 844) Mini-split Unit 60.00 a, Each Head 20.00 19) Boilers,steam or hot water: a. Up to 300,000 Btu 4&0960_00 b. 300,000 Btu or more 604)070.00 l04) Theo•eUombination air conditioning/heating a. VAV Boxes hv.Coil First unit 10 0060.00 b. P-fak. per Unit 60.00 e. Solar he a ..6n nn 113) Air handlers 70.00 a. 400 CFM to 2.500 CFM40.0060.00 Formatted:List 2 b. Over 2,500 CFM70.00 124) Duct and register: Page 46of51 a. Up to 30 openings 60.00 b. 31-100 openings 80.00 c. Over 100 openings 100.00 13)Backup generators—Gas line:60.00 a. 10 F:v or less I0.0060.00 b. Over 10 Kv50.0070.00 15)Duct and register a. First I5openings.per system10.0060.00 f Formatted:List 2 b. Each opening thereafter.p.:r system I.00 4H14) Gas reconnection,each_3&8060.00 175) Gas piping(distribution of piping to equipment)to be included on permit application, Each gas piping system,per outlet 3.00 168) Woodburning stoves,per flue(including chimney and chimney connector) 4&8860.00 I 70) Each reinspection fee 40,0060.00 I 824) Each additional final inspection 40,0070.00 Ord.No.8243-92,§ 1;Ord.No. 8566-94,§3;Ord.No.8931-98,§7,8-24-98;Ord.No.9528- 04,§ I I;Ord.No.9779-07,§VIII,8-27-07;Ord.No. 10137-I I,§VII, 12-12-I 1;Ord.No. 10394-15,§X, 10-26-15) ARTICLE 11. BUILDING CONTRACTOR LICENSING REQUIREMENTS' Sec.6-45.Legislative findings. a) The South Bend Common Council hereby finds that there is a need to develop licensing procedures for Building Contractors doing business in the City. b) The Common Council declares that the following procedures are established for the purpose of protecting the public health,safety and welfare of the community. Ord.No. 8228-91,§ 1) Sec.6-46.Building Contractors prelicensing registration required;annual renewal. a) It shall be unlawful to engage in business in the City as a Building Contractor without first having registered as required by this article. b) Annual renewal of registration shall be required of Building Contractors for each year they wish to engage in business as a prelicensing procedure until full licensing procedures are implemented. Ord.No.8228-91,§ 1) 2Editor's note(s)—Ord.No.8271-92,adopted June 22, 1992,amended Ord.No.8228-91,§III, which section was not printed herein,to provide that Ord.No.8228-91 effective Nov. 1, 1992. Page 47 of 51 Sec.6-47.Definitions. a) The term"Building Contractor"shall mean and include anyone engaging for remuneration in the building construction business of new construction,repair,alteration,or remodeling, for which a building permit is required. b) The term"handyman"shall mean any person providing for a fee,repair or maintenance services for a fee which would not require a building permit under the Building Code of the City of South Bend.A handyman is exempt from the provisions of this article. Ord.No,8228-91,§ I) Sec.6-48.Fees. a) The annual fee for a Building Contractor's prelicensing registration shall be one hundred twenty-five dollars($125.00),and placed in a special nonreverting fund to assist in the implementation of this article. b) Any Building Contractors performing electrical,plumbing,heating,air conditioning or ventilating services shall be subject to the applicable fee requirements addressed in Sections 6-10,6-23 or 6-36.2 of this Code,instead of the one hundred twenty-five dollar($125.00) tee addressed in Subsection(a)herein. Ord.No.8228-91,§ I;Ord.No.9528-04,§ 12;Ord.No. 10394-15,§XI, 10-26-15) Sec.6-49.Regulations. a) Any Building Contractor engaging for remuneration in the building construction business of new construction,repair,alteration,or remodeling for which a building permit is required, shall be construed as doing business as a Building Contractor. b) It shall be the duty of all Building Contractors to comply with the Building Code adopted by the City of South Bend,and all other ordinances relating to new construction,alterations, repairs and remodeling. c) Failure to comply with the Building Code and all other applicable local,state and federal laws and regulations,shall be grounds for suspension or revocation of a building permit, issued hereunder,and may be grounds for refusal to renew an application for a Building Contractor's prelicensing registration. Ord.No.8228-91,§ 1) Sec.6-50.Prelicensing registration process. a) Application and forms.All forms required by this article shall be made available in the Office of the Building Commissioner and shall be kept on file in that office.Every application for registration or renewal thereof,as required by this article,shall be filed with the Office of the Building Commissioner.Such registrations shall be reviewed by the Building Commissioner as to their content and applicability and shall be reviewed on an annual basis. b) Building Contractor's prelicensing registration. All Building Contractor's prelicensing registration fees shall be paid to the Office of the Building Commissioner upon review of Page 48 of 51 the completed registration application form,and a written receipt for payment of said fee shall be given by the City. c) Term of registration.All registrations received under this article shall be for a term of one 1)year commencing on the effective date of the surety bond. d) Proof of coverage.Applicants must provide written proof of Workers'Compensation coverage,such as a sworn affidavit signed under penalties of perjury regarding coverage or noncoverage,or a certificate of insurance,at the time of making application. e) Surety bond.Each applicant for registration must also provide a surety bond payable to the City in the penal sum of five thousand dollars($5,000.00),conditioned upon faithful compliance with the provisions of the Building Code as it relates to work performed by the applicant,and agreeing to pay all damages,costs and expenses caused by the applicant through failure to comply with such provisions. Ord.No.8228-91,§ l;Ord.No.8313-92,§ 1, 11-9-92;Ord.No.9902-09,§VIII,2-9-09) Sec.6-51.Nature of interest conferred by permit. All Building Contractor's prelicensing registrations issued under this article shall be accepted as a privilege to do business within the City. Ord.No.8228-91,§ 1) Sec.6-52.Nontransferability. All Building Contractor's prelicensing registrations issued under this article are nontransferable. Ord.No. 8228-91,§ I) Sec.6-53.Regulations supplemental. The registration procedure set forth in this article is supplemental to all other regulations set forth in Chapter 6 of this Code.In the event of conflict,these regulations shall supersede all others. Ord.No.8228-91,§ 1) Sec.6-54.Citations and fines. a) Upon learning that a person or entity is doing business as a Building Contractor,as defined herein,without having registered,a citation shall be issued to said person or entity by the City for each violation. b) Citations may be issued for each and every violation of the required provisions of this article,and each such violation shall be treated as a separate act for which a citation may be issued. c) Citations issued under this article shall contain the date,time,name and address of the violator,the Code section violated,the nature of the violation,location of the violation,the name of the officer issuing the citation and instructions as to the disposition of the citation(s). Page 49 of 51 d) Each citation issued under this article shall impose a fifty dollar($50.00)fine payable through the Department as addressed in Section 2-213 of this Code. e) Additionally,whenever any work is being done contrary to the provisions of this article,the Building Commissioner,or his designee,may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done,and any such persons shall forthwith stop such work until authorized by the Building Commissioner,or his designee to proceed with the work. f) Any person who subsequently violates any provisions of this article in the same year for which registration was required,shall be subject,upon conviction,to a fine of not less than two hundred fifty dollars($250.00)and not more than two thousand five hundred dollars 2,500.00),and possible suspension or revocation of any registrations issued hereunder. g) Each subsequent day of violation shall be considered a separate offense for which a citation may be issued. Ord.No.8228-91,§ 1) Scc.6 S5.Building Commies ioncr to institute licensing procedures. 1 Th.e B..nding Co.,mi,.ione shall nd the Common Council n ofPTvE.":".,.,. g f th. of .0 B.ildi C o .who h., F th the at_i li f: the .l' ho h. e be _ ,.!• „1 th.. c_•.f t st wh ielt- l h_ .red t_ effect l:oPai-1 B. :Idi g Contractors a:;defined in this article. pl.mentation pro,.dures e,tabl:..hed for th..licensing of Building Contractor:; ... ! thf The f' .il Iif'. n. 1 thi. able th:, ia„f Ord.No.8228 1)I. § 1) Scc.6 56.Building Contractors nonrcvcrting fund. a) There hereby a tablished a Building Contractors n a fund e D vconzsrca artc tuntk thud. Ord.No. 8228 91.§ 1) Page 50 of 5I Sec.6-554—S-7g-6-61.Reserved. SECTION II. If any section,subsection,sentence,clause,or phrase of this Ordinance is, for any reason,declared to be unconstitutional or invalid,such decision shall not affect the validity of the Ordinance as a whole,or any part thereof',other than the part so declared. SECTION III.This Ordinance shall be in full force and effect upon adoption by the Common Council and approval by the Mayor and any publication required by law. Canneth Lee,Council President South Bend Common Council Attest: Bianca Tirado City Clerk Office of the City Clerk Presented by me,the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana,on the day of 2025, at o'clock .m. Bianca Tirado,City Clerk Office of the City Clerk Approved and signed by me on the day of 2025,at_o'clock m. James Mueller,Mayor City of South Bend Page 51 of 51 CITY OF SOUTH BEND COMMUNITY INVESTMENT Filed in Clerk's Office JUN 1 6 2025 Bianca Tirado City Clerk, South Bend, IN 6/16/2025 Council Member Troy Warner Chairperson, Community Investment Committee South Bend Common Council County-City Building, 4th Floor South Bend, Indiana 46601 RE: Declaratory Resolution: Multi-Family Development Real Property Tax Abatement Petition for KCG Companies, LLC Dear Council Member Warner, Please find the enclosed Declaratory Resolution and supporting information pertaining to a tax abatement petition submitted by KCG Companies, LLC, an Indiana Limited Liability Company. This petition package includes: •Department of Community Investment's summary report •Petition for abatement •Statement of Benefits form (SB-1 / Real Property) •Supporting information The report contains the Department's findings relative to the above-mentioned petition. The petitioner plans to construct a new affordable apartment building at 2020 S. Main Street. This proposed abatement is part of a support package partnering with KCG Companies, which is applying for rental housing tax credits through the Indiana Housing & Community Development Authority (IHCDA). The abatement will go into effect only if this project is chosen by IHCDA in this year's competitive Tax Credit application round. The total investment for this project is $14,000,000. The project meets the qualifications for an ten-year ( 10) multi-family real property tax abatement. A representative from KCG Companies, LLC, will be available to meet with the Committee on Monday, June 23, 2025. If you or other Council members have questions about the report or need additional information, please feel free to call me at (574) 245-6022. Sincerely, Joseph Molnar Assistant Director, Growth and Opportunity EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 14005 CountY·City Building 227 W Jefferson Blvd South Bend. Indiana 46601 p 574.235.9371 www.southbcndm.gov 25-34 Filed in Clerk's Office BILL NO. 25-34 RESOLUTION NO. Bianca Tirado City Clerk, South Bend, IN A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2020 S. MAIN STREET SOUTH BEND IN 46613 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN-YEAR (10) REAL PROPERTY TAX ABATEMENT FOR KCG Donald & Main, LP (c/o KCG Companies, LLC) WHEREAS, a petition for real property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area described as: Key Number: 71-08-13-355-004.000-026 Local Parcel Number: 018-8011-0500 Commonly Known As: 18 VAC LOT 96X165 MAIN ST Legal Description: Lots 24 And 25 Bowman Add To The Town Of Myler Key Number: 71-08-13-355-003.000-026 Local Parcel Number: 018-8011-050001 Commonly Known As: 2020 Main St. Legal Description: Lot 26 Thru 28 Bowman Add To Town Of Myler Now Pt Of City Of So Bend Key Number: 71-08-13-355-002.000-026 Local Parcel Number: 018-8011-0484 Commonly Known As: 2018 S MAIN ST Legal Description: Lot 29 Bowman Add To Town Myler Now Pt City South Bend be designated as an Economic Revitalization Area under the provisions of Indiana Code 6-1.1- 12.1 et seq. and South Bend Municipal Code Sections 2-76 et seq.; and WHEREAS, the petitioner has agreed to and has accepted responsibility to report any changes in the Key Numbers and legal descriptions to the Department of Community Investment and to the Office of the City Clerk; and WHEREAS,the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6-1.1-12.1 et seq. and South Bend Municipal Code Sections 2-76 et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS,the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code 6-1.1-12.1 et seq. for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, is sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community Investment Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating the area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall expire on December 31, 2029. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of ten (10) years as shown by the schedule outlined below as well as the attachment pursuant to Indiana Code 6-1.1-12.1-17. Year 1 - 100% Year 2 -100% Year 3 - 95% Year 4 - 95% Year 5 - 90% Year 6 - 90% Year 7—80% Year 8 -80% Year 9-70% Year 10—70% SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5-3-1 and Indiana Code 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Canneth Lee, Council President South Bend Common Council Attest: Bianca Tirado, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana, on the day of _ 2025, at o'clock .m. Bianca Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of 2025,at o'clock m. James Mueller, Mayor City of South Bend TAX ABATEMENT REPORT Filed in Clerk's Office JUN 1 6 2025 TO: South Bend Common Council Bianca Tirado FROM: Erik Glavich, Director, Growth and Opportunity City Clerk, South Bend, IN SUBJECT: Multi Family Development Real Property Tax Abatement Petition for KCG Companies, LLC DATE: June 16, 2025 On June 23, 2025, a petition for tax abatement from KCG Companies LLC was filed with the Office of the City Clerk. The petition seeks consideration for a multi-family development real property tax abatement for property 2020 S. Main Street. Pursuant to Chapter 2, Article 6, Section 2-84.9 of the Municipal Code of the City of South Bend, the petition was referred to the Department of Community Investment for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to Indiana Code 6 1.1-12.1 and all zoning requirements have been met. The Department of Community Investment has reviewed the petition, investigated the area, and makes the following report. Project Summary The petitioner, KCG Companies LLC, has partnered with the South Bend Redevelopment Commission to build a multi-family building on currently owned RDC land. The project will apply for Low Income Housing Tax Credits. The abatement will only go into effect if the project is chosen by the IHCDA in this year's competitive Tax Credit application round. The project will consist of 50 affordable residential apartments.. Private investment into this project is approximately $13 million. The project will greatly contribute to the walkable urban community of the near south side as well as provide affordable housing options for South Bend residents. Employment Impact Per this petition and supporting material, it is estimated that the company will create: Upon completion of the current building's construction, at least two (2) new full-time jobs with an estimated total annual payroll of$105,000. The project will also create many job opportunities during construction for builders of the project and local sub-contractors. Tax Estimates The petitioner qualifies for a ten-year(10) multi-family development real property tax abatement. Current estimated combined annual real property taxes: $1,199 Estimated combined annual taxes after the project's completion: $41,052 Total estimated combined taxes during the ten-year (10) abatement period: 449,328 o Estimated taxes being abated during the abatement period: $327,777 o Estimated total taxes to be paid during the abatement period: $121,551 Abatement Qualification 1. A review of the tax abatements previously granted finds that the petitioner has been granted the following prior abatement. Resolution No. 5038-23 (7/11/23): Ten-year (10) multi-family tax abatement NOTE: Common Council approved the abatement while KCG was in the process of applying for LIHTC. KCG was not awarded credits for the project and never took control of the property, which is still owned by the City. 2. The property is properly zoned for the proposed project. 3. Taxes on the property have been paid in full. 4. A review of the South Bend Redevelopment designation areas finds that the property is in the South Side Development Area. 5. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications for a ten-year(10) multi-family development real property tax abatement under Division 2 (Residential Development Real Property Tax Abatement), Section 2-77 (Multi-Family Residential Developments). 2 10-Year Abatement June 16,2025 KCG Companies, LLC South Bend Portage Township Residential Real Property Tax Abatement Schedule* Type of Dwelling: Multi-Family Residence -50 units- Estimated Project Cost: $14,000,000 New Construction Property Address: 2020 S.Main Street Tax Key Number: 71-08-13-355-002.000-026;71-08-13-355-003.000-026;71-08-13-355-004.000-026 True Tax Value Method: Income Income Income Income Income Income Income Income Income Income Capitalization Capitalization Capitalization Capitalization Capitalization Capitalization Capitalization Capitalization Capitalization Capitalization Assessed(AV)and Current Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 True Tax Value(TTV) Land(AV) 8,000 $ 8,000 $ 8,000 $ 8,000 $ 8,000 $ 8,000 $ 8,000 $ 8,000 $ 8,000 $ 8,000 $ 8,000 Structure(StructureTTV) 1,733,333 1,768,000 1,803,360 1,839,427 1,876,216 1,913,740 1,952,015 1,991,055 2,030,876 2,071,494 Gross TTV 8,000 1,741,333 1,776,000 1,811,360 1,847,427 1,884,216 1,921,740 1,960,015 1,999,055 2,038,876 2,079,494 Abatement 100%100%95%95%90%90%80%80%70%70% Abatement Deduction 1,733,333) (1,768,000) (1,713,192) (1,747,456) (1,688,594) (1,722,366) (1,561,612) (1,592,844) (1,421,613) (1,450,046) Net TTV 8,000 8,000 8,000 98,168 99,971 195,622 199,374 398,403 406,211 617,263 629,448 Property Taxes Assume constant tax rate of 5.0426% Gross Tax(Tax Rate x Net TTV) 403 403 403 4,950 5,041 9,864 10,054 20,090 20,484 31,126 31,741 Local Tax Credit(10.1130%of GT-DS) 38) 38) 38)465)474)927)945) (1,888) (1,925) (2,925) (2,982) Circuit Breaker Credit 97) Taxes Due 269 S 366 $ 366 $ 4,485 $ 4,567 $ 8,938 $ 9,109 $ 18,202 $ 18,559 $ 28,201 $ 28,758 3% 2% 2% 2% 2% 2% 2% 2% 2% 2% 2% Circuit Breaker Cap 240 34,827 35,520 36,227 36,949 37,684 38,435 39,200 39,981 40,778 41,590 Debt Service(0.3575%of Net TTV) 29 29 29 351 357 699 713 1,424 1,452 2,207 2,250 Max Tax Under the Cap 269 34,855 35,549 36,578 37,306 38,384 39,148 40,625 41,433 42,984 43,840 Year Abatement Total Tax Net Taxes Taxes Abated Liability Paid 1 100% $ 41,052 $ (40,686) $ 366 2 100% 41,869 (41,504)366 3 95% 42,703 (38,218) 4,485 4 95% 43,553 (38,986) 4,567 5 90% 44,420 (35,483) 8,938 6 90% 45,305 (36,196)_ 9,109 7 80% 46,207 (28,005) 18,202 8 80% 47,128 (28,569) 18,559 9 70% 48,067 (19,865) 28,201 10 70% 49,024 (20,266) 28,758 Total: 449,328 (327,777) 121,551 This schedule is for estimation purposes only and assumes constant tax rates equal to those for 2024 Payable 2025. i- Department of Community Investment The true tax values will ultimately be determined by the actual assessed valuation and the then-current tax rates. City of South Bend City of South Bend Instructions:Complete pages 1-3 n. AND the proper Form SB-1 for Petition for Incentives the type of abatement(real property or personal property) for whichPetitionmustincludea$250 filing fee payable to the you are applying. City of South Bend"before processing can be complete General Information Project Name Pia&Main Apartmen. Project Number Legal name asregistered with Stateof KCG Donald & Main, LP (c/o KCG Companies, LLC) Business structure Limited Partnership Company website www.kcgcompanies.com Proposed Project Information Proposed project address 2020 S. Main Street Parent company name KCG Companies City,State,Zip South Bend, IN Legal owner Site acreage or acreage required Is the real estate owned 1.1 acres or leased? Owned Square feet of facility 43178 If leased,by whom? Primary Contact Information Primary company contact name Megan Schuetz Title VP of Development i Address of company contact 9311 N. Meridian St. Suite 100 Phone 608-692-1667 City.State,Tip Indianapolis, IN 46260 Email mschuetz@kcgcompanies.com Senior Official Information Company senior official name RJ Pasquesi Title President Address of company contact Phone 317-708-6519Ifdifferentfromabove) City,State,Zip Email rpasquesi©kcgcompanies.com Consultant Information/Agent Hired business consultant/agent name Ni A Consultant release?ION) Address Local economic development partners approval?(YIN) II City,State,Zap Email Project Overview Brief description of your company,project,and why the Donald and Main Apartments is located at the northeast corner of S.Main and W.Donald in South Bend,IN The proposed project is a 50-unit building in one,4-story elevator building.This is a proposed property Is necessary for family development with a mix of one-,two-,and three-bedroom units with 20%of the units at 30%AM), economic growth 30%at 50%AMI,and 50%at 60%AMI. 10 units will be set aside for households where one family member has a developmental or intellectual disability consistent with the IHCDA Community Integration set-aside. We will partner with Partners In Opportunity(located within a block of the site)to refer residents and provide services as needed for those residents.We are also working with the Housing Authority of South Bend for possible project based vouchers. The is well located with a variety of services located nearby including a high school,large parks,churches, restaurants,and transit.Indiana University South Bend is less than 2 miles away. This project will provide necessary safe.decent and affordable housing for residents of South Bend.This allows those residents to not be overly encumbered by housing costs leaving them more money for education,health,employment,training,and family needs.In addition,this project will use a vacant site Previously owned by the City and allow for urban infi11 development. Certified Technology Park appropriate No Is the project in a Tax incremental Finandng TIF)area?If so,which? Yes - Southside Have Building Permits been issued?(Y/N) Number of residential units created by 50Note-Not eligible for abatement if Yes) N project If this is a petition for personal property tax abatement,has N/AtheequipmentbeenInstalled? Investment Details Public Infrastructure needs Has any 504 funding been What is the value of any equipment being purchased in What is the value of am/equipment being I (off-site of protect in dollars) received? Indiana for the project? purchased from out of state for the project? N/A No N/A N/A New Project Investments Calendar Year 2023 2024 2025 2026 2027 2028 2029 2030 Land Acquisition 1,000.00 Building Lease Payments Building Purchase Costs New Building Construction s 8.850 000 00 Existing Building Improvements New Machinery&Equipment Spedal Tooling/Retooling New Furniture/Fixtures tI New Computer/FT Hardware New Software i I 10n-site Rail Infrastructure III 1On-site Fiber Infrastructure TOTAL 0.001 $0.00 $0.00 s s.Bs1,0o0 00 $0.00 $0.00 $0.00 $0.00 Full-Time Permanent Indiana-Resident Positions by Calendar Year j Calendar Year lobs retained Hourly Cumulative A of net NEW full time Hourly average wage,w/o Total training Total 9 to be average permanent Jobs created at project benefits or bonuses,of expenditure- trained-not wage,w/o benefits or cumulative set new Jobs not cumulative bonuses cumulative 2024 2025 2 50.00 2 2026 2 50.00 2 2027 2 50.00 2 2028 2 50.00 2029 2 50.00 2030 2 50.00 2031 2 S 50.00 2032 2 50.00 2033 2 50.00 2034 2 1 $ 50.00 J2035 2 50.00 Provide hourly wage Information for new employees in the following positions. Fu71 time Par time Laborers 45,000.00 Technical Managerial 60.000.00 Administrative Who will be the individual responsible for coordinating with WorkOne on recruiting? Does your company have an EEO hiring policy? 1 es pre you an EEO employer? Yes Please list the number of full time and part time minority and/or female Please describe your commitment to employees for the following years: diversity and inclusion by detailing your outreach and recruitment efforts for the lac' Year three years as well as current polities. Full Time Part Time Full Time Part Time Full Time Part Time Black Due to the low number of Hlspank permanent hires this is not Asian applicable. During Indian construction we use a variety of outreach approaches Female including meet and greets Other with locals businesses. Complete the table below for Real Property Tax Abatement only. Sign at the bottom for all requested incentives(real AND personal property).*** Public Benefit Item: Information is required on both the construction companies and the companies which will provide materials purchased for this project.Qualify Please complete the table below with the appropriate information. If ( yes or No) Earned Points Available Points you qualify for the points,please enter the full amount of available points. 1 Construction Related(Contractors): I A. Employ Local Companies(75%) No 0 B. Purchase Materials from Local Companies(75%) No 0 20 C. Require Employees vs.Independent Contractors No 0 9 D. Require Prevailing Wage No 0 E. Require Health Benefits No 0 2 F. Require Retirement Benefits No 0 18 G. Maintain Affirmative Action Plan No 0 2C Sub-total Construction Related: 0 i 2 Wage&Benefit Related(Owner): A. Pay Target Wage Levels No 0 B. Provide Health Benefits Yes 34 3.1 C. Provide Retirement Benefits Yes 29 29 D. Provide Training Yes 28 28 E. Provide Child Care No 0 5 F. Provide Transportation Assistance No 0 14 G. Provide Employer Assisted Housing program No 0 9 Sub-total Wage&Benefit Related: 91 2 3 Workforce Related: A. Create New Jobs Yes 42 11 B. Retain Existing Jobs No 0 4: C. Maintain Affirmative Action Plan No 0 35 D. Provide Targeted Hiring Preference No 0 34 Sub-total Workforce Related: 42 52 4 Support a Municipal Facility: Support a SB Municipal Facility(donations to the A. 84 8czoo,conservatory,museum,etc.) Yes Name of Facility Zoo Sub-total Municipal Facility: 34 Sub-total from Above: 217 539 The undersigned owner(s)of real property,located within the City of South Bend,herby petition the Common Council of the City of South Bend for a real and/or personal property tax abatement consideration and pursuant to I.C.,6-1.1-12.1-1,et seq.,and So uh Bend Mugicipal C ode Sec.2-76 et seq.,for this petition state the above. Submitted By: -v'11ys.. --z% %mac.Date: 6/13/25 For Staff Use Only Below This Line What is the current assessed value?Real Property: 3 51,36Personal Property NIA What is the projected assessed value? Real Property: 3,400,000 Personal Property: What is the tax key number(s)for this project? 71-08-13-355-002.000-026;71-08-13-355-003.000-026,71-08-13-355-004.000-026 What is the six digit NAICS code? 531110 Please attach a Google map and street view of the location. Please list the amount of real and personal property taxes Real Property Taxes: Personal Property Taxes: paid for the last five years when applicable. Tax Year 2023/Pay 2024 CITY OWNED NO TAXES Tax Year 2022/Pay 2023 CITY OWNED NO TAXES Tax Year 2021/Pay 2022 CITY OWNED NO TAXES Tax Year 2020/Pay 2021 CITY OWNED NO TAXES Tax Year 2019/Pay 2020 CITY OWNED NO TAXES Please fill out the following Public Benefit Summary Information and add to total from above. fY or N) Points Points Public Benefit Item: Protect Related: 5 A. Redevelop a Site that has Special Needs 19 B. Develop Based on Local University Research 0 C. Achieve a Physical Element of a Plan 36 Sub-total Project Related: i{S 1 6 Super Size Pro)ects(point values are cumulative): A. 100%to 199% 25 25 8. 200%to 299% 68 68 C. 300%to 399% 65 65 D. 400%and Over 52 52 Sub-total Super Size Projects: 210 7 Pay for Municipal Infrastructure: A. Pay for Oversizing or Upgrading B. Pay for 26-50%of Extension Cost 26 C. Pay for 51-75%of Extension Cost 39 D. Pay for 76-100%of Extension Cost 2 Sub-total Infrastructure Related: 1 Total from Applicant Section: 217 539 Total from Staff Section: S 161 Total Public Benefit Points: Si 1000 STATEMENT OF BENEFITS 2024 PAY zo25 REAL ESTATE IMPROVEMENTS lE State Form 51767(R7/1-21) FORM SB-1/Real Property Prescribed by the Department of Local Government Finance PRIVACY NOTICE This statement is being completed for real property that qualifies under the following Indiana Code(check one box): Any information concerning the cost of the property and specific salaries Redevelopment or rehabilitation of real estate improvements(IC 6-1,1-12.1-4) paid to individual employees by the Residentially distressed area(IC 6-1.1-12.1-4.1) property owner is confidential per C 6-1.1-12.1-5.1. INSTRUCTIONS 1 This statement must be submitted to the body designating the Economic Revitalization Area prior to the public heanng if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise,this statement must be submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for which the person wishes to claim a deduction 2 The statement of benefits form must be submitted to the designating body and the area designated an economic revitalization area before the initiation of the redevelopment or rehabilitation for which the person desires to claim a deduction 3 To obtain a deduction.a Form 322/RE must be filed with the county auditor before May 10 in the year in which the addition to assessed valuation is made or not later than thirty(30)days after the assessment notice is mailed to the property owner if it was mailed after April 10, A property owner who failed to file a deduction application within the prescribed deadline may file an application between January 1 and May 10 of a subsequent year 4 A property owner who files for the deduction must provide the county auditor and designating body with a Form OF-1/Real Property The Form CF-1/Real Property should be attached to the Form 322/RE when the deduction is first claimed and then updated annually for each year the deduction is applicable. IC 6-1 1-12.1-5 1(b) 5 For a Form SB-1/Real Property that is approved after June 30. 2013, the designating body is required to establish an abatement schedule for each deduction allowed. For a Form SB-1/Real Property that is approved prior to July 1, 2013, the abatement schedule approved by the designating body remains in effect. IC 6-1 1-12 1-17 SECTION 1 TAXPAYER INFORMATION Name of taxpayerDonald & Main, LP (c/o KCG Companies, LLC) Address of taxpayer NwnbcrandStreet; 9311 N. Meridian St. Suite 100 City: Indianapolis State. IN ZIP' 46260 Name of contact person Telephone number E-mail address Megan Schuetz mschuetz@kcgcompanies.com SECTION 2 LOCATION AND DESCRIPTION OF PROPOSED PROJECT Name:i aes,gnat:ng°clay Resolution number Common Council of the City of South Bend Location of property Number and Arcs; City State ZIP County DLGF taxing district number 2020 S. Main South Bend IN 46613 St. Joseph Description of real property improvements,redevelopment or rehabilitation(use additional sheets necessary) Estimated start date(month,day,year) The Donald and Main Apartments is located at the northeast corner of S.Main and W.Donald in South Bend,IN.The 3/1/2027 proposed project is a 50-unit building in one,4-story elevator building.This is a proposed family development with a Estimated completion date(month,day,year) mix of one-,two-,and three-bedroom units with 20%of the units at 30%AMI,30%at 50%AMI,and 50%at 60%AMI 12/31/2029 SECTION 3 ESTIMATE OF EMPLOYEES AND SALARIES AS RESULT OF PROPOSED PROJECT Current Number Salaries Number Retained Salaries Number Additional Salaries SECTION 4 ESTIMATED TOTAL COST AND VALUE OF PROPOSED PROJECT REAL ESTATE IMPROVEMENTS COST ASSESSED VALUE Current values 0 Plus estimated values of proposed project 8.800,000 1,733,333 Less values of any property being replaced 0 0 Net estimated values upon completion of project 8,800,000 1,733,333 SECTION 5 WASTE CONVERTED AND OTHER BENEFITS PROMISED BY THE TAXPAYER Estimated solid waste converted(pounds) Estimated hazardous waste converted(pounds) Other benefits SECTION 6 TAXPAYER CERTIFICATION I hereby certify at t e representations n this statement are:rue Signal f th ize prI ent=' ' Date signed(month.day.year) 6/13/25 Printed name taut ri ed repres— se T tie Megan Schuet7 VP of Development age ' of 2 FOR USE OF THE DESIGNATING BODY We find that the applicant meets the general standards in the resolution adopted or to be adopted oy this body. Said resolution,passed or to be passed under IC 6-1.1-12.1.provides for the following limitations: The date this designation e A. The designated area has been limited to a period of not to exceed nla_calendar years'(see below). expires is 1 213/2029 . NOTE:This question addresses whether the resolution contains an expiration date for the designated area. B. The type of deduction that is allowed in the designated area is limited to: Yes ONo 1.Redevelopment or rehabilitation of real estate improvements Yes D No 2.Residentially distressed areas C. The amount of the deduction applicable is limited to S n/a nl O. Other limitations or conditions(speafyl Year 3 CI Year 4 Year 5 ('see below) E. Number of years allowed: CI Year 1 Year 2 Year 8 0 Year 9 Dr Year 10 El 0Year6Year7 F. For a statement of benefits approved after June 30,2013,did this designating body adopt an abatement schedule per IC 6-1.1-12.1-17? D Yes No If yes,attach a copy of the abatement schedule to this form.If no,the designating body is required to establish an abatement schedule before the deduction can be determined. We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. late signed(mourn,day,year) Approved(signature and title of authorized member of designabng body) Name of designating body printed name of authorized member of designating body Common Council of the City of South Bend,Indiana s t If the designating body limits the time period during which an area is anle econo s than is revitaearof years degnatetion area,that imitation under oe 6o lmit the1 length of time a 17. taxpayer is entitled to receive a deduction to a number of years that A. For residentially distressed areas where the Form SB-1/Real Property was approved prior to July 1.2013,the deductions established in IC6-1.1-12.1-4.1 remain in effect.The deduction period may not exceed five(5)years. For a Form SB-1/Real Property that is approved after June 30.2013,the designating body is required to establish an abatement schedule for each deduction allowed. Except as provided in IC 6-1.1-12.1-18,the deduction period may not exceed ten(10)years. (See IC 6-1.1-12.1-17 below.) B. For the redevelopment or rehabilitation of real property where the Form SB-1/Real Property was approved prior to July 1.2013.the abatementscheduleapprovedbythedesignatingbodyremainsineffect.For a Form SB-1/Real Property that is approved after June 30.2013,the designatingbodyisrequiredtoestablishanabatementscheduleforeachdeductionallowed.(See IC 6-1.1-12.1-17 below.) IC 6-1.1-12.1-17 Abatement schedulesSec.17.(a)A designating body may provide to a business that is established in or relocated to a revitalization area and that receives a deduction undersection4or4.5 of this chapter an abatement schedule based on the following factors.1) The total amount of the taxpayer's investment in real and personal property. 2) The number of new full-time equivalent jobs created.3) The average wage of the new employees compared to the state minimum wage. 4) The infrastructure requirements for the taxpayer's investment. an b)This c deduction al owed under his chapter. An abntofbenefitsatementschedule oved after June mustt specify the pe. 2013. A rcentageag ing y shall amountt of thedeductionrfor each year of for eachyears.the deduction. Except as provided in IC 6-1.1-1 Z•1-16•an abatement schedule may not exceed ten(1 )c)An abatement schedule approved for a particular taxpayer before July 1.2013,remains in effect until the abatement schedule expires underthetermsoftheresolutionapprovingthetaxpayer's statement of benefits. Page 2 of 2 i Y k wl4 4 = t ' It Frrreei 1 J A„ 1 , ry iii(' fps - 19- d 1 a.1• I_ ! . I 9 1, e1 in I' f .a a iaa 11 i, l '- s r. 1i akMMw 1 T r w e t Y E _ __._ lll'c-11 T 1111 y - c ° r A a ifs >r . ., I d:M 7 j 1 rI .` i '°l J ' r Viritlj'r% J I U q jjjjj rJg 7.7 a•ey 1' '- :if F eK4 li Ti... 1,_ ~A e F-' 1a ai."" FIGld11 1 h' W _ - 11 ' '_C irl 'il lr 1, I :MI-1... p, 1aIf T i 4 l j ]t i 7k.. y grn'_ l 1 fi '"= —Aline A I r Proposed i `ry- Development I T 3 . y,,l,,, f r- I ram~ 1 :- jV y-•-,- LA I ,y. r. `, 1;v.,ro njmcos ,,.. a FIT'r-11 d r"f 'I{ { ti I1 I N F '- ,Ic-"' t '. j 44 , 41 9 'T `I Ift re" i a ^j ':'r In—. _I'.- I J Ll ',-- -I i [.Z7 e '-w ewtaG P,VE : 1I ' -- 7 y p}. 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I . i � I CITY OF SOUTH BEND COMMUNITY INVESTMENT Filed in Clerk's Office JUN 1 7 20�5 j u (,l Bianca Tirado City Clerk, South Bend, IN J_t,>t,5 June 17, 2025 Council Member Troy Warner Chairperson, Community Investment Committee South Bend Common Council County-City Building, 4th Floor South Bend, Indiana 46601 RE: Declaratory Resolution: Industrial Real Property Tax Abatement for South Bend Chippewa, LLC and South Bend Chippewa ACG, LLC Dear Council Member Warner, Please find the enclosed Declaratory Resolution and supporting information pertaining to a tax abatement petition submitted by South Bend Chippewa, LLC, and South Bend Chippewa ACG, LLC, which are Foreign Limited Liability Companies with principal offices in Richfield, OH. This petition package includes: •Department of Community Investment's summary report •Petition for abatement •Statement of Benefits form (SB-1 / Real Property) •Supporting information The report contains the Department's findings relative to the above-mentioned petition. The petitioner intends to redevelop the property at 701 W. Chippewa Ave. The building has special needs as sections were used as former aviation engine testing cells during World War II. The impacted space is approximately 221,248 square feet which is currently unusable. Once the aviation test cells are demolished, it will allow for modern development with improvements to include additional loading dock positions, a truck court for tractor/trailer storage, and allow for truck circulation for additional tenants. The total investment for this project is $11,200,000. The project meets the qualifications for an eight year (8) industrial development real property tax abatement. A representative from South Bend Chippewa, LLC and South Bend Chippewa ACG, LLC, will be available to meet with the Committee on Monday, June 23, 2025. If you or other Council members have questions about the report or need additional information, please feel free to call me at (57 4) 235-5836. Sincerely, I I I /U,: 1 1, • r Mark Bemenderfer Manager of Business Development EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT 14005 Counry-City Building 227 W. Jefferson lvd. South Bend. Indiana 46601 p 574.235.937. www.southbendin.gov 25-35 Filed in Clerk's Office May 15, 2025 JUN 1 7 2025 Bianca Tirado City Clerk, South Bend, IN Mark W Bemenderfer Manager Business Development Department of Community Investment City of South Bend 227 W.Jefferson Blvd., Ste. 1400S South Bend, IN 46601 RE: 701 W. Chippewa Street, South Bend, IN 46614 Dear Mr. Bemenderfer: The current owners of the property located at the above-address is a subsidiary of Industrial Realty Group.. (n - s:i%n,'wv 1. dus`~ e D.ry:;-o,,,D.c:Di ) Industrial Realty Group, LLC (IRG) is among the country's largest owners of commercial and industrial properties with a privately held and managed portfolio in excess of 100 million square feet. IRG is a nationwide company, which owns and operates more than 150 major projects and developments in 31 states. Nationally recognized as a leading force behind the adaptive reuse of buildings and facilities throughout the nation, our projects often involve acquiring under-performing real estate and developing a creative repositioning plan to renovate, lease and maintain the property to stabilization. Retrofitting otherwise obsolete buildings, corporate campuses, and industrial complexes resulting in a collaborative win for local communities,tenants and IRG. IRG has been recognized for its success in solving complex real estate challenges, including converting corporate campuses into mixed use projects and brownfield sites including NPL Superfund Sites) into vibrant, environmentally-clean, business parks. In addition, IRG is a leader in the conversion and privatization of federal properties. Our portfolio includes three closed military bases, a former NASA manufacturing facility and a closed Veterans Affairs complex. IRG has an extensive national team of over 150 employees prepared to manage contractors, subcontractors, and/or hire staff to meet and exceed project expectations. IRG's operating plan is to hire locally with rare exceptions. IRG identifies and builds relationships with key site personnel and retains experts with deep institutional knowledge about the property's past to support the site's future vision. IRG secures vetted, local architects, civil engineers, construction companies and service companies, and those with experience working on the site are often selected. IRG has master developed projects of varying scales throughout the U.S, and their internal team and third-party experts analyze each project and prepare a customized development plan to cultivate the project's next chapter.This project will reposition the asset for job creation. 701 W. Chippewa Street is a 29-acre property, comprised of 1.4 Million (975,000 Leasable) sq.ft. of manufacturing, industrial, and office space in South Bend, Indiana. It was built in 1940 and renovated in 1993,with portions of the aging property still in need of further cost prohibitive improvements.This would improve the former Studebaker manufacturing facility by taking unusable areas and converting it into high-demand, leasable industrial space. This will be accomplished with abatement/demolition of the former aviation engine test cells,which are obsolete.The test cells were previously used for testing Boeing'sB-17 Flying Fortress engines produced during World War II, but no longer support this function and hinder access. Once the aviation test cells are demolished, it wilt allow for modern development of approximately 221,248 sq. ft. making leasable these inaccessible (dead) areas. IRG can then construct additional loading dock positions, create a truck court for tractor/trailer storage, and provide truck circulation around the multi-tenanted property. We look forward to this opportunity and seeing the community benefits as a result of our investment. Sincerely, Michele Kiernan Vice President Asset Development Manager as Agent for South Bend Chippewa, LLC and south Bend Chippewa ACG, LLC Filed in Clerk's Office N 1 BILL NO. 25-35 Bianca Tirado RESOLUTION NO. City Clerk, South Bend, IN A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 701 W. Chippewa Ave, South Bend, IN 46614 AND AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF AN EIGHT-YEAR (8) REAL PROPERTY TAX ABATEMENT FOR South Bend Chippewa, LLC AND South Bend Chippewa ACG, LLC WHEREAS, a petition for real property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area described as: Key Number: 71-08-23-400-001.000-026 Local Parcel Number: 018-8020-083 7 Commonly Known As: 701 W Chippewa Ave Legal Description: Lot 1 Indiana G R Q Minor Sub be designated as an Economic Revitalization Area under the provisions of Indiana Code 6-1.1- 12.1 et seq. and South Bend Municipal Code Sections 2-76 et seq.; and WHEREAS, the petitioner and the owners of the area are common entities; and WHEREAS, the petitioner has agreed to and has accepted responsibility to report any changes in the Key Number and legal description to the Department of Community Investment and to the Office of the City Clerk; and WHEREAS,the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as an Economic Revitalization Area under Indiana Code 6-1.1-12.1 et seq. and South Bend Municipal Code Sections 2-76 et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS,the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code 6-1.1-12.1 et seq. for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3. SECTION III. The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, is sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-3. SECTION IV. The Common Council hereby accepts the report and recommendation of the Community Investment Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating the area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall expire on December 31, 2028. SECTION VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of eight (8) years as shown by the schedule outlined below as well as the attachment pursuant to Indiana Code 6-1.1-12.1-17. Year 1 - 100% Year 2 - 95% Year 3 - 90% Year 4 - 85% Year 5 - 80% Year 6 - 75% Year? - 70% Year 8 - 65% SECTION VII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5-3-1 and Indiana Code 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Canneth Lee, Council President South Bend Common Council Attest: Bianca Tirado, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana, on the day of 2025, at o'clock .m. Bianca Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of 2025, at o'clock m. James Mueller, Mayor City of South Bend TAX ABATEMENT REPORT Filed in Clerk's Office J U N 1 7 2025 TO: South Bend Common Council Bianca Tirado FROM: Mark Bemenderfer, Manager of Business Development City Clerk, South Bend, IN SUBJECT: Industrial Real Property Tax Abatement Petition for South Bend Chippewa, LLC and South Bend Chippewa ACG, LLC DATE: June 17, 2025 On June 17, 2025, a petition for tax abatement from South Bend Chippewa, LLC and South Bend Chippewa ACG, LLC was filed with the Office of the City Clerk. The petition seeks consideration for an industrial real property tax abatement for 29-acre property located at 701 W Chippewa Ave. Pursuant to Chapter 2, Article 6, Section 2-84.9 of the Municipal Code of the City of South Bend, the petition was referred to the Department of Community Investment for purposes of investigation and preparation of a report determining whether the area qualifies as an Economic Revitalization Area pursuant to Indiana Code 6 1.1-12.1 and all zoning requirements have been met. The Department of Community Investment has reviewed the petition, investigated the area, and makes the following report. Project Summary The petitioners, South Bend Chippewa, LLC and South Bend Chippewa ACG, LLC, seek to perform demolition and renovations to a 1.4 million square foot building that was formerly a Studebaker manufacturing facility. A significant portion of the facility approximately 221,248 sq. ft.) consists of former aviation engine test cells that limit future development. Once the cells are demolished, it will allow for modern development of this 221,000 square foot area and turn it into leasable space. Planned improvements include adding additional loading dock positions, creating a truck court for tractor&trailer storage, and providing for truck circulation around the multi- tenanted property. Employment Impact Per this petition and supporting material, it is estimated that the company will create: Upon completion of the current building's rehabilitation and conversion, at least fifty-five 55) new full-time jobs with an estimated total annual payroll of$1,944,800. These jobs will be created through the leasing of space due to the project. Tax Estimates The petitioner qualifies for an eight-year(8) industrial real property tax abatement. Current estimated combined annual real property taxes: $364,181 Estimated combined annual taxes after the project's completion: $503,182 Total estimated combined taxes during the eight-year(8) abatement period: $4,025,454 o Estimated taxes being abated during the abatement period: $97,683 o Estimated total taxes to be paid during the abatement period: $3,927,771 Abatement Qualification 1. A review of the tax abatements previously granted finds that the petitioner has not been granted prior abatements. 2. The property is properly zoned for the proposed project. 3. Taxes on the property have been paid in full. 4. A review of the South Bend Redevelopment designation areas finds that the property is in the Southside Development Area. 5. A review of the Tax Abatement Ordinance No. 9394-03 finds that the petitioner meets the qualifications for an eight-year (8) industrial real property tax abatement under Division 7 (Industrial Development Real Property Tax Abatement), Section 2-82 Industrial development city-wide general standards). 2 8-Year Abatement June 17,2025 South Bend Chippewa, LLC & South Bend Chippewa ACG, LLC (Indiana GRQ Inc.) South Bend Portage Township Commerical Development Real Property Tax Abatement Schedule' Type of Property: Industrial Estimated Project Cost: $ 6,900,000 Rehabilitation Property Address: 701 W.Chippewa St,South Bend,IN 46614 Tax Key Number: 71-08-23-400-001.000-026 Without Current Abatement Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Assessed Value(AV) Land 1,005,300 $ 1,005,300 $ 1,005,300 $ 1,005,300 $ 1,005,300 $ 1,005,300 $ 1,005,300 $ 1,005,300 $ 1,005,300 $ 1,005,300 Structure(AV=60%Project Cost) 9,841,500 13,981,500 13,981,500 13,981,500 13,981,500 13,981,500 13,981,500 13,981,500 13,981,500 13,981,500 Gross Assessed Value 10,846,800 14,986,800 14,986,800 14,986,800 14,986,800 14,986,800 14,986,800 14,986,800 14,986,800 14,986,800 Abatement 100% 95% 90% 85% 80% 75% 70% 65% Abatement Deduction 4,140,000) (3,933,000) (3,726,000) (3,519,000) (3,312,000) (3,105,000) (2,898,000) (2,691,000) Net Assessed Value 10,846,800 14,986,800 10,846,800 11,053,800 11,260,800 11,467,800 11,674,800 11,881,800 12,088,800 12,295,800 Property Taxes Assume constant tax rate of 5.0426% Gross Tax(Tax Rate x Net AV) 546,961 755,724 546,961 557,399 567,837 578,275 588,713 599,152 609,590 620,028 Local Tax Credit(10.1130%of GT-DS) 51,393) (71,008) (51,393) (52,373) (53,354) (54,335) (55,316) (56,296) (57,277) (58,258) Circuit Breaker Credit 131,387) (181,534) (7,187) (15,904) (24,622) (33,339) (42,056) (50,774) (59,491) (68,209) Taxes Due 364,181 $ 503,182 $ 488,381 $ 489,121 $ 489,861 $ 490,601 $ 491,341 $ 492,081 $ 492,821 $ 493,561 3% 3% 3% 3% 3% 3% 3% 3% 3% 3% Circuit Breaker Cap 325,404 449,604 449,604 449,604 449,604 449,604 449,604 449,604 449,604 449,604 Debt Service(0.3575%of Net AV) 38,777 53,578 38,777 39,517 40,257 40,997 41,737 42,477 43,217 43,957 Max Tax Under the Cap 364,181 503,182 488,381 489,121 489,861 490,601 491,341 492,081 492,821 493,561 Combined Year Abatement Current Taxes New Net Taxes Current& Taxes Abated Due Projected Tax Paid New Taxes 1 100% $ 364,181 $ 139,001 $ 503,182 $ (14,801) $ 488,381 2 95% 364,181 139,001 503,182 (14,060) 489,121 3 90% 364,181 139,001 503,182 (13,320) 489,861_ 4 85% 364,181 139,001 503,182 (12,580) 490,601 5 80% 364,181 139,001 503,182 (11,840) 491,341 6 75% 364,181 139,001 503,182 (11,100) 492,081 7 70% 364,181 139,001 503,182 (10,360) 492,821 8 65% 364,181 139,001 503,182 9,620) 493,561 Total: 2,913,450 1,112,004 4,025,454 (97,683) 3,927,771 o This schedule is for estimation purposes only and assumes constant tax rates equal to those for 2024 Payable 2025. 4 Department of Community Investment The true tax values will ultimately be determined by the actual assessed valuation and the then current tax rates. City of South Bend City of South Bend Instructions:Complete pages 1-3 AND the proper Form SB-1 for Petition for Incentives the type ofabatement(real property or personal property) Petition must include a$250 filing fee payable to the for which you are applying. City of South Bend"before processing can be complete General Information s Project Name 701 W.Chippewa Project Number Legal name as registered with Secretary of State South Bend Chippewa, LLC & South Bend Chippewa ACG, LLC Business structure Subsidiaries of Indiana GRQ, Inc, which is a subsidiary of Industrial Realty Group Company website https://www.industrialrealtygroup.com/ Proposed Project Information Proposed project address 701 W. Chippewa Ave. Parent company name Industrial Realty Group City,State,Zip South Bend, IN 46614 Legal owner Holdings JLC, LLC Site acreage or acreage required Is the real estate owned Owned29acresorleased? Square feet of facility 1.4M SF If leased,by whom. Primary Contact Information Primary company contact name Michele Kiernan Title VP, Asset Development Manager Address of company contact 4020 Kinross Lakes Pkwy.,Ste.200 Phone 330.671.9825 City,State,Zip Richfield, OH 44286 Email mkiernan@irgra.com Senior Official Information Company senior official name Michele Kiernan Title Agent for Owner Address of company contact Phone if different from above) City,State,Zip Email Consultant Information/Agent Hired business consultant/agent name n/a Consultant release?(Y/N) Address Local economic development partners approval?(Y/N) City,State,Zip Email Project Overview Brief description of your company,project,and why the This is a 29 acre property, comprised of 1.4 Million (975,000 leaseable)sq. ft. of property is necessary for manufacturing, industrial, and office space in South Bend, Indiana. It was built in 1940 and economic growth renovated in 1993, with portions of the aging property still in need of further cost prohibitive improvements. This would improve the former Studebaker manufacturing facility by taking unusable areas and converting it into high-demand, leaseable industrial space. This will be accomplished with abatement/demolition of the former aviation engine test cells, which are obsolete. The test cells were previously used for testing Boeing's B-17 Flying Fortress engines produced during World War II, but no longer support this function and hinder access. Once the aviation test cells are demolished, it will allow for modern development of approximately 221,248 sq. ft., making leaseable these inaccessible areas. IRG can then construct additional loading dock positions, create a truck court for tractor/trailer storage, and provide truck circulation around the multi-tenanted property. Certified Technology Park appropriate Is the project in a Tax Incremental Financing TlF)area? If so,which? Southside Development Area Have Building Permits been issued?(Y/N) Number of residential units created by Note-Not eligible for abatement if Yes] Y project 0 If this is a petition for personal property tax abatement,has the equipment been installed? Investment Details Public Infrastructure needs Has any 504 funding been What is the value of any equipment being purchased in What is the value of any equipment being Off-site of project in dollars) received? Indiana for the project? purchased from out of state for the project? n/a No n/a n/a New Project Investments Calendar Year 2023 2024 2025 2026 2027 2028 2029 2030 Land Acquisition Building Lease Payments Building Purchase Costs New Building Construction Existing Building Improvements New Machinery&Equipment Special Tooling/Retooling I New Furniture/Fixtures New Computer/IT Hardware New Software On-site Rail Infrastructure On-site Fiber Infrastructure TOTAL 0.00 $0.00 $lt,200,00000 $0.00 $0 00 $0.00 $0.00 $0.00 Full-Time Permanent Indiana-Resident Positions by Calendar Year Calendar Year Jobs retained Hourly Cumulative 9 of net NEW full time Hourly average wage,w/o Total training Total#to be average permanent jobs created at project benefits or bonuses,of expenditure- trained-not wage,w/o benefits or cumulative net new jobs not cumulative bonuses cumulative 2024 2025 2026 55 17.00 2027 2028 2029 2030 2031 2032 2033 2034 2035 Provide hourly wage information for new employees in the following positions. Full time Part time Laborers Technical Managerial Administrative Who will be the individual responsible for coordinating with WorkOne on recruiting? Does your company have an EEO hiring policy? Yes Are you an EEO employer?Yes Please list the number of full time and part time minority and/or female Please describe your commitment to employees for the following years: diversity and inclusion by detailing your outreach and recruitment efforts for the last Year 2025 2024 2023 three years as well as current policies. Full Time Part Time Full Time Part Time Full Time Part Time Black Hispanic We do not track Asian employees of our tenants Indian Female Other Complete the table below for Real Property Tax Abatement only. Sign at the bottom for all requested incentives(real AND personal property). *** Public Benefit Item: Information is required on both the construction companies and the companies which will provide materials purchased for this project. Qualify Please complete the table below with the appropriate information. If Earned Points Available Points Yes or No) you qualify for the points,please enter the full amount of available points. 1 Construction Related(Contractors): A. Employ Local Companies(75%) Yes 20 I 20 B. Purchase Materials from Local Companies(75%) Yes 20 20 C. Require Employees vs.Independent Contractors No 19 D. Require Prevailing Wage No 22 E. Require Health Benefits Yes 22 22 F. Require Retirement Benefits No 18 G. Maintain Affirmative Action Plan No 20 Sub-total Construction Related: 62 141 2 Wage&Benefit Related(Owner): A. Pay Target Wage Levels Yes 33 33 B. Provide Health Benefits Yes 34 34 C. Provide Retirement Benefits No 29 D. Provide Training Yes 28 28 E. Provide Child Care No 15 F. Provide Transportation Assistance No 14 G. Provide Employer Assisted Housing program No 9 Sub-total Wage&Benefit Related: 95 162 3 Workforce Related: A. Create New Jobs Yes 42 42 B. Retain Existing Jobs Yes 41 41 C. Maintain Affirmative Action Plan No 35 D. Provide Targeted Hiring Preference Yes 34 34 Sub-total Workforce Related: 117 152 4 Support a Municipal Facility: Support a SB Municipal Facility(donations to the A. zoo,conservatory,museum,etc.) No 84 Name of Facility ISub-total Municipal Facility:84 Sub-total from Above: 274 539 The undersigned owner(s)of real property,located within the City of South Bend,herby petition the Common Council of the City of South Bend for a real and/or personal property tax abatement consideration and pursuant to I.C.,6-1.1-12.1-1,et seq.,and South Bend Municipal Code Sec.2-76 et seq.,for this petition state the above. Submitted By:i/J/i/j - Date: 06/16/25 For Staff Use Only Below This Line What is the current assessed value? Real Property: 9,841,500 Personal Property: nia What is the projected assessed value? Real Property: 13,981,500 Personal Property! n/a What is the tax key number(s)for this project? 71-08-23-400-001.000-026 What is the six digit NAICS code? 531 120 Please attach a Google map and street view of the location. Please list the amount of real and personal property taxes Real Property Taxes: Personal Property Taxes: paid for the last five years when applicable. Tax Year 2023/Pay 2024 112,819.86 n/a Tax Year 2022/Pay 2023 179,563.97 n/a Tax Year 2021/Pay 2022 52.982.85 n/a Tax Year 2020/Pay 2021 106,134.06 n/a Tax Year 2019/Pay 2020 90.280.00 n/a Please fill out the following Public Benefit Summary Information and add to total from above. Y or N) Points Points Public Benefit Item: Project Related: 5 A. Redevelop a Site that has Special Needs Y 49 49 B. Develop Based on Local University Research N 35 C. Achieve a Physical Element of a Plan N 36 Sub-total Project Related: 49 120 6 Super Size Projects(point values are cumulative): A. 100%to 199% Y 25 25 B. 200%to 299% Y 68 68 C. 300%to 399% Y 65 65 D. 400%and Over Y S2 52 Sub-total Super Size Projects: 210 210 7 Pay for Municipal Infrastructure: A. Pay for Oversizing or Upgrading N 14 B. Pay for 26-50%of Extension Cost N 26 C. Pay for 51-75%of Extension Cost N 39 D. Pay for 76-100%of Extension Cost N 52 Sub-total Infrastructure Related: 0 131 Total from Applicant Section: 274 539 Total from Staff Section: 259 461 Total Public Benefit Points: 533 1000 otiE4-'-t• STATEMENT OF BENEFITS 2025 PAY2026 L Ie REAL ESTATE IMPROVEMENTS State Form 51767(R7/1-21) FORM SB-1 I Real Property fb / sis/ Prescribed by the Department of Local Government Finance PRIVACY NOTICE This statement is being completed for real property that qualifies under the following Indiana Code(check one box): Any information concerning the cost of ries Redevelopment or rehabilitation of real estate improvements(IC 6-1.1-12.1-4) paidetoindividual employees and pg bficathePY Residentially distressed area(IC 6-1.1-12.1-4.1) property owner is confidential per IC6-1.1-12.1-5.1. INSTRUCTIONS: 1. This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise,this statement must be submitted to the designating body BEFORE the redevelopment or rehabilitation of real property for which the person wishes to claim a deduction. 2. The statement of benefits form must be submitted to the designating body and the area designated an economic revitalization area before the initiation of the redevelopment or rehabilitation for which the person desires to claim a deduction. 3. To obtain a deduction,a Form 322/RE must be filed with the county auditor before May 10 in the year in which the addition to assessed valuation is made or not later than thirty(30)days after the assessment notice is mailed to the property owner if it was mailed after April 10. A property owner who failed to file a deduction application within the prescribed deadline may file an application between January 1 and May 10 of a subsequent year. 4. A property owner who files for the deduction must provide the county auditor and designating body with a Form CF-1/Real Property. The Form CF-1/Real Property should be attached to the Form 322/RE when the deduction is first claimed and then updated annually for each year the deduction is applicable. IC 6-1.1-12.1-5.1(b) 5. For a Form SB-1/Real Property that is approved after June 30, 2013, the designating body is required to establish an abatement schedule for each deduction allowed. For a Form SB-1/Real Property that is approved prior to July 1, 2013, the abatement schedule approved by the designating body remains in effect. IC 6-1.1-12.1-17 SECTION 1 TAXPAYER INFORMATION Name of taxpayer South Bend Chippewa, LLC & South Bend Chippewa ACG, LLC Address of taxpayer Number and Street:4020 Kinross Lakes Pkwy Ste. 200 Citn Mishawaka state: IN ZIP 46545 Name of contact person Telephone number E-mail address First Name: Michele Kiernan 330)671-9825 mkiernan@irgra.com SECTION 2 LOCATION AND DESCRIPTION OF PROPOSED PROJECT Name of designating body Resolution number Common Council of the City of South Bend Location of property Number and Street City State ZIP County DLGF taxing district number 701 W Chippewa St South Bend IN 46614 St. Joseph 026(South Bend-Portage) Description of real property improvements,redevelopment,or rehabilitation(use additional sheets if necessary) Estimated start date(month,day,year) This is a 29 acre property,comprised of 1.4 Million(975,000 Leaseable)sq.ft.of manufacturing,industrial,and office space in South 6/1/2025 Bend,Indiana.It was built in 1940 and renovated in 1993,with portions of the aging property still in need of further cost prohibitive improvements.This would improve the former Studebaker manufacturing facility by taking unusable areas and converting it into Estimated completion date(month,day,year) high-demand,leaseable industrial space.6/1/2027 SECTION 3 ESTIMATE OF EMPLOYEES AND SALARIES AS RESULT OF PROPOSED PROJECT Currert Numbe, Salaries Nur^bee Retained Salaries Number Additional Salaries 200 6,800,000 200 6,800,000 55 1,944,800 SECTION 4 ESTIMATED TOTAL COST AND VALUE OF PROPOSED PROJECT REAL ESTATE IMPROVEMENTS COST ASSESSED VALUE Current values 0 9,841,500 Plus estimated values of proposed project 6,900,000 4,140,000 Less values of any property being replaced 0 0I Net estimated values upon completion of protect 6.900,000 13,981,500 SECTION 5 WASTE CONVERTED AND OTHER BENEFITS PROMISED BY THE TAXPAYER Estimated solid waste converted(pounds) Estimated hazardous waste converted(pounds) Other benefits SECTION 6 TAXPAYER CERTIFICATION I hereby certify that the representations in this statement are true. Signal f authori ed representative Date signed(month,day,year) 6/16/2025 Printed name of authorized representative Title Michele Kiernan Authorized Agent for Owner Page 1 of 2 FOR USE OF THE DESIGNATING BODY We find that the applicant meets the general standards in the resolution adopted or to be adopted by this body. Said resolution,passed or to be passed under IC 6-1.1-12.1,provides for the following limitations: A. The designated area has been limited to a period of time not to exceed 3 calendar years*(see below). The date this designation expires is 12/31/2028 . NOTE:This question addresses whether the resolution contains an expiration date for the designated area. B. The type of deduction that is allowed in the designated area is limited to: 1.Redevelopment or rehabilitation of real estate improvements Yes No 2.Residentially distressed areas Yes No C. The amount of the deduction applicable is limited to$n/a D. Other limitations or conditions(specify) n/a E. Number of years allowed: Year 1 Year 2 Year 3 Year 4 Year 5 (*see below) Year 6 Year 7 Q Year 8 Year 9 Year 10 F. For a statement of benefits approved after June 30,2013,did this designating body adopt an abatement schedule per IC 6-1.1-12.1-17? Yes No If yes,attach a copy of the abatement schedule to this form. If no,the designating body is required to establish an abatement schedule before the deduction can be determined. We have also reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. Approved(signature and title of authorized member of designating body) Telephone number Date signed(month,day.year) Printed name of authorized member of designating body Name of designating body Common Council of the City of South Bend, Indiana Attested by(signature and title of attester) Printed name of attester If the designating body limits the time period during which an area is an economic revitalization area,that limitation does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years that is less than the number of years designated under IC 6-1.1-12.1-17. A. For residentially distressed areas where the Form SB-1/Real Property was approved prior to July 1,2013,the deductions established in IC 6-1.1-12.1-4.1 remain in effect.The deduction period may not exceed five(5)years. For a Form SB-1/Real Property that is approved after June 30, 2013,the designating body is required to establish an abatement schedule for each deduction allowed. Except as provided in IC 6-1.1-12.1-18,the deduction period may not exceed ten(10)years. (See IC 6-1.1-12.1-17 below.) B. For the redevelopment or rehabilitation of real property where the Form SB-1/Real Property was approved prior to July 1,2013,the abatement schedule approved by the designating body remains in effect.For a Form SB-1/Real Property that is approved after June 30,2013,the designating body is required to establish an abatement schedule for each deduction allowed.(See IC 6-1.1-12.1-17 below.) IC 6-1.1-12.1-17 Abatement schedules Sec.17.(a)A designating body may provide to a business that is established in or relocated to a revitalization area and that receives a deduction under section 4 or 4.5 of this chapter an abatement schedule based on the following factors: 1) The total amount of the taxpayer's investment in real and personal property. 2) The number of new full-time equivalent jobs created. 3) The average wage of the new employees compared to the state minimum wage. 4) The infrastructure requirements for the taxpayer's investment. b)This subsection applies to a statement of benefits approved after June 30,2013. A designating body shall establish an abatement schedule for each deduction allowed under this chapter. An abatement schedule must specify the percentage amount of the deduction for each year of the deduction. Except as provided in IC 6-1.1-12.1-18,an abatement schedule may not exceed ten(10)years. c)An abatement schedule approved for a particular taxpayer before July 1,2013, remains in effect until the abatement schedule expires under the terms of the resolution approving the taxpayer's statement of benefits. Page 2 of 2 111 AIL- 1 t } fit x - fJY 4 v I._.Z9tJ v r ' ? H?d K' i3 "vlE 7[— s y y p.,,•_ r. I Ap•-., . 4 u ' 1.-E:IN#131T.--!FT4'.NA CI tiT F r.ti T: 11 1 sd1-0. 1 V I PI l i vo J- 6,-•io IUIfS` lF31N. 'i sHN'S - Z 1!...Iti-•.1:.` li '4a sF di i.. ES 1* U NMLF 4. ' I e. 4,:..:;:: 111006.6:H.N. .v { r Z 7 iti' "i ^h"+1-.' IA171. -E 1 4,:!:'°" Hr:Viit: 4'''.ol',.-' kYu2' i. r NN ; 11.%411:., 47lc-t -sk t J: • I.,. Iµ 4 Y r 4, 44 e a _,; s y. ` r ` *s r r^ z fop ry •. 1f1RIF 9 f sip 1 + r 0- r Trr—+e..{ .- %t. r ,; ram e d Sa r IhiLL'AN'.pR SS I IS A Q P,J rl.' y icy x1 u `Is'. •a • bJ AHFFi A • •'^ It [• a itf K ID: l I t. rr a I, 1 e U R. 1' ei1s' 2 ry tk k tea.aY' iniAL Akowatioxisi NEW SIDING-SOUTH ELEVATION SOUTH BEND CHIPPEWA 701 West Chippewa Avenue,South Bend,IN 46614 I R June 23rd,2025 11111111 aorrsoas.uc r x y• J 1`-' it j 5- — vim r.4 ii- -' r J NEW SIDING-WEST ELEVATION SOUTH BEND CHIPPEWA a 701 West Chippewa Avenue,South Bend,IN 46614 A June 23rd,2025 atairu aor1t0111 uc r 400, .._ . . . 1111. I. v,1166.64." 1—._j_, _Tr If i,JI i r yz 41/4 • NEW SIDING-FRONT ENTRY SOUTH BEND CHIPPEWA a 701 West Chippewa Avenue,South Bend,IN 46614 A June 23rd,2025 AlA1t1,1 ADYI10111. 11( v',,,::.......„...... r.........................,.,,.........,....,,.....,......,......,.,..., w......,,...,,... ice - - t= 1 e.. a'`" r 1 ewe: I. NEW SIDING-TENANT ENTRANCE SOUTH BEND CHIPPEWA 701 West Chippewa Avenue,South Bend,IN 46614 June 23rd,2025 AFAl1V ADYI40A4.ll( 5 9> emIllaG. 9lmipd N/d'arpn QE uJ RmKe tattoo rftl 3 Fowl nee 7 J NWw5tiv.r DWj fo,4 G® L twina N Kai Orr*fin 9 4aha t Waft Za WlFvaly Cocos] BviRJ I JV I at. 1 he Chef whQa3lwmes c t...qr fye000e f,- FROM ENTRY'AREA 1 Sass., Aee 3.1 Fvple(tab 1tl1rpbbO1vmBo1M> o nF a.. II 1 GISe SR. 014-]M 5M•Ftavdr... GarMOO 4adtM 1'•ve>ly 4nn 4 Svm r31 Fee UM.,net . li (hippeWit 1.L( — 1IZG I' 'all v nvc_ CurbAppeal NEW LANDSCAPE PLAN SOUTH BEND CHIPPEWA 701 West Chippewa Avenue,South Bend,IN 46614 A June 23rd,2025 AAAIlV ADYIfUAf LI( CurbAppeal i :,,, 1 I„.;,...,... . 4 ; i.,.. y.,.., .. ..,.. .: .0,,_:-.,i . _o_____, .________ ,. m.........„___„.. NEW LANDSCAPE RENDERING CurbAppeal 4,...„,..,...,„,„,.,;„,,,,..,. . ,, ...,..;,...... . ___.;,..,...,,,.., , ... ... ..-„,•.. r,: j 411....,,, NEW LANDSCAPE RENDERING SOUTH BEND CHIPPEWA 701 West Chippewa Avenue,South Bend,IN 46614 A June 23rd,2025 AMP)ADY140114. 11( CurbAppeal r_T_1 NEW LANDSCAPE RENDERING Curb. . . 1 s L", S-y a-. e. NEW LANDSCAPE RENDERING SOUTH BEND CHIPPEWA I 701 West Chippewa Avenue,South Bend,IN 46614 R June 23rd,2025 AFAIiD ODYI{00{. ll( AL A 411111 cl BE 0 SOUTH BEND SOUTH BEND n IVIVIMP3-0 r-78 M BUSINESS PARK BUSINESS PARK II I I TENANT TENANT TENANT 1 TENANT TENANT: TENANT 6 _TENANT_ TENANT TENANT TENANT TENANT TENANT TENANT TENANT TENANT TENANT TENANT ` TENANT TENANT TENANT TENANT 1 A TENANT TENANT TENANT i TENANTS J Alih. SOUTH BEND TENANT TENANT TENANT TENANT TENANT BUSINESS PARE TENANT TENANT 1 TENANT TENANT TENANT a A. TENANT TENANT TENANT TENANT TENANT TENANT TENANT 0 0 o av AN TENANT ramPpr. - ar' ,r. 0 111=1111 o Nighttime Exampit D/F Illuminated Pylon East Face West Face S/F Directional Monument S/F Directional Signs NEW SIGNAGE SOUTH BEND CHIPPEWA R I 701 West Chippewa Avenue,South Bend, IN 46614 4i, June 23rd,2025 MIR'ADVIION.It( it,. L UT BACK CURB TO ELIMINATE CHOKE POINT ADD PAVEMENT TO ELIMINATEQHOKEPOINT ADD PAVEMENT TO ALTERED PARKING LOT TO - - ELIMINATE CHOKE POI m: SEPARATE TRUCKS AND i CARS RR 1; WEST TRAFFIC Illll CLEAN UP AND ET/RESURFACE LOT FOR i TRAILER OR VEHICLE I1111111STORAGE ADD PAVEMENT MI j ELIMINATE CHOKE POINT I Ill'Ill1111 DIVIDE PAT FROM TRAILER LOT I SITE IMPROVEMENTS SOUTH BEND CHIPPEWA 701 West Chippewa Avenue,South Bend,IN 46614 A II June 23rd,2025 MEP)ADVI10A1.II( IRG Environmental, Social, & Governance Statement IRG's core business and mission deliver substantial environmental and social 100 Million benefits to countless communities, residents, watersheds, companies and their 4,1 Square Feet employees. While cleaning and modernizing millions of square feet of historic building stock, IRG catalyzes new clusters of job opportunity, works closely with local governments and citizen groups to create mutual benefits, and resolves historic environmental issues. By redeveloping and repositioning existing 150+Employees properties which often provide irreplaceable or unique infrastructure and location, not to mention legacy and significance to local communities, IRG delivers C&I property with a lower carbon footprint and environmental impact than a comparable greenfield development. Our staff is our greatest resource and the key to our success, so we strive to provide a positive, transparent, rewarding and 4C4Wfd150+Major philanthropic workplace, recognizing that diversity of people and opinion creates Projects a more resilient and profitable company in the long run. 12 Affiliated Offices Industrial Realty Group. LLC 11111 Santa Monica Boulevard, Suite 800, Los Angeles, CA 90025 310)806-4434 I www.industrialrealtygroup.com IRG Environmental In the course of reusing obsolete buildings and cleaning up brownfields, IRG directly improves environmental conditions in communities around the country. IRG works closely with regulators and stakeholders around the U.S. to eliminate environmental risks, improve soil and groundwater health, and reduce carbon footprints of our own and our tenant's operations by reducing and reusing building stock and creating space for companies to operate near communities and reduce their transport impacts. We have treated soils, removed dangerous building materials, and protected air quality for our tenants and neighbors. We are implementing energy efficient building systems, installing solar PV to provide carbon-free power to tenants. and empowering our tenants to reduce their wastes, water use, and other impacts by investing in our sites for the long term. Social Revitalizing environmentally impacted or derelict property is an extremely efficient use of capital that creates positive economic knock-on effects measured in orders of magnitude. Our projects employ locals, reignite community pride, preserve historic locations, and enable many other companies—those both established and starting up —to offer many more 'nb opportunities, right here at home. IRG and IRG Realty Advisors recognize that our people are our greatest resource and that a happy, healthy and rewarded group of employees will drive better performance, capital efficiency, and create a better tenant experience; providing a competitive and robust benefits package is about supporting people's lives as well as attracting talent. We strive for a workplace that is diverse in people, opinion, and solution. Governance IRG uses a transparent. horizontal corporate structure so our entire staff and leadership can remain in touch and coordinate with one another on the challenges of the day. Our decision- making process is broad and deep, relying on a diverse set of opinions and insisting on accountability at all levels to create a more resilient business and mitigate business risks. We strive to create a two-way street that is always open to ideas for improvement. !RG has a long history of working closely and collaboratively with local governments, NGOs, and our neighbors to deliver environmental and community benefits. Success means wins for every stakeholder in the room: we believe our business is stronger when we have positive working relationships with our partners in local and state government, including our regulators. Our management teams and investment committee provide a corporate system of checks and balances that delivers outperformance via diversity of opinion and accountability to our employees and investors. Outperformance for IRG and our stakeholders means outperformance for the communities we partner with. Industrial Realty Group, LLC 11111 Santa Monica Boulevard, Suite 800, Los Angeles, CA 90025 310)806-4434 I www.industrialrealtygroup.com City of South Bend BOARD OF ZONING APPEALS June 10, 2025 Honorable Dr. Oliver Davis 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception at 1039 LINCOLN WAY W Dear Committee Chair Dr. Davis: Filed in Clerk's Office JUN 1 3 2025 Bianca Tirado City Clerk, South Bend, IN Enclosed is an Ordinance for the proposed Special Exception at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your June 23, 2025, Council meeting and set it for public hearing at your July 14, 2025, Council meeting. The petition is tentatively scheduled for public hearing at the July 7, 2025, South Bend Board of Zoning Appeals meeting. The staff report and recommendation of the South Bend Board of Zoning Appeals will be forwarded to the Office of the City Clerk by noon on the Wednesday following the public hearing. The petitioner provided the following to describe the proposed project: Establishing a U-Haul location for vehicle rentals and associated uses. The full petition is attached for your reference. Changes may occur between the filing and the public hearing. Any substantial changes will be identified at the Council meeting. If you have any questions, please feel free to contact our office. Sincerely, Tim Staub Zoning Specialist CC: Bob Palmer County-City Building I 227 W. Jefferson I South Bend, IN 46601 I 574-235-7627 I www.southbendin.gov/zoning 39-25 Filed in Clerk's Office BILL NO. 39-25 J U N 1 3 2025 ORDINANCE NO. Bianca Tirado City Clerk, South Bend, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1039 LINCOLN WAY WEST & 50 SHERMAN, COUNCILMANIC DISTRICT NO. 1 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Request a Special Exception to establish a U-Haul location for vehicle rentals and associated uses. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Advisory Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for property located at: 1039 LINCOLN WAY W 018-1077-3245 50 SHERMAN 018-1074-311001 In order to permit Vehicle Sales or Rentals SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Advisory Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience, or general welfare; 2. The proposed use will not injure or adversely affect the use of adjacent area of property values therein; 3. The proposed use will be consistent with the character of the district in which it is located, and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions, if any, established by the Advisory Board of Zoning Appeals which are on file in the Office of the City Clerk. SECTION V. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the mayor, and legal publication, and full execution of any conditions or Commitments placed upon the approval. Canneth Lee, Council President South Bend Common Council Attest: Bianca Tirado, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2025, at o'clock . m. Bianca Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of 2025, at o'clock m. James Mueller, Mayor City of South Bend, Indiana 2 - City of South Bend 227 W. Jefferson - Suite 1400S South Bend, IN 46601 BOARD OF ZONING APPEALS zoning@southbendin.gov Petition for Variance - Special Exception Property Information Tax Key Number:71-08-02-334-011.000-026 Address: 1039 Lincoln Way West South Bend, IN 46616 Owner: Mohammed Farhan Zoning: NC Neighborhood Center Project Summary: The proposed U-Haul rental business aims to provide a convenient and accessible transportation solution while supporting economic growth by creating jobs, increasing foot traffic to nearby establishments, and contributing to the local economy. Requested Action Special Exception/ Use Variance— complete and attach Criteria for Decision Making Use requested:Vehicle Sales OR Rentals/ U-Haul Rental Services Variance(s) -List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Filed in Clerk's Office 13 Bianca Tirado City Clerk, South Bend, IN Required Documents Completed Application (including Criteria for Decision Making and Contact Information) Site Plan drawn to scale Filing Fee Criteria for Decision Making Special Exception -if applicable A Special Exception may only be granted upon making a written determination, based upon the evidence presented at a public hearing. Please address how the project meets the following criteria. 1)The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare, because: The proposed U-Haul rental service will operate responsibly, minimizing disruption to the community through traffic flow measures, safety compliance, and controlled operating hours. It will serve as a valuable resource for residents and businesses, enhancing transportation convenience while supporting local economic activity. Potential concerns about aesthetics and community standards will be addressed with proper signage, property maintenance, and zoning adherence, ensuring accessibility without negatively impacting public health, safety, or welfare. 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: The business will be designed and operated to seamlessly integrate with surrounding properties, maintaining the aesthetic and functional integrity of the area. Measures will be taken to minimize any potential impact on traffic flow, noise levels, or environmental conditions, ensuring that neighboring properties retain their value and appeal. Furthermore, the presence of a U-Haul rental facility can increase convenience for local businesses and residents, potentially enhancing the desirability of the surrounding properties rather than diminishing their worth. 3)The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein, because: The district currently supports commercial and service-oriented businesses, making this rental facility a natural addition to the existing landscape. The proposed use aligns with the district's economic and developmental goals, supporting local commerce and providing necessary transportation solutions for residents and businesses alike. Additionally, the facility's design and operational practices will be carefully tailored to match the character of the area, preventing any disruption to the established neighborhood atmosphere. 4)The proposed use is compatible with the recommendations of the Comprehensive Plan, because: The Comprehensive Plan emphasizes responsible land use and economic development, both of which are supported by this proposal. The business will provide an essential service that facilitates mobility and commerce, reinforcing the plan's objectives for accessibility, business growth, and community convenience. Additionally, the proposed operations will be structured to ensure compliance with zoning standards, environmental considerations, and neighborhood cohesion, further aligning with the long-term vision set forth in the plan. Criteria for Decision Making Variance(s) -if applicable State statutes and the Zoning Ordinance require that certain standards must be met before a variance can be approved. Please address how the project meets the following criteria: 1) The approval will not be injurious to the public health, safety, morals and general welfare of the community, because: N/A 2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner, because: N/A 3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property, because: N/A 4)The variance granted is the minimum necessary, because: N/A 5) The variance does not correct a hardship caused by a former or current owner of the property, because: N/A Contact Information Property owner(s) of the petition site: Name: Mohammed Farhan Address: 20792 S Gatehouse Dr South Bend, IN 46637 Name: Address: Name: Address: Contact Person: Name: Fares Farhan Address: 1828 Tea Rose Lane Mishawaka, IN 46544 Phone Number: 574-217-1405 faresfarhan1990@gmail.com E-mail: By signing this petition, the Petitioner/Property Owners of the above described Real Estate acknowledge they are responsible for understanding and complying with the South Bend Zoning Ordinance and any other ordinance governing the property. Failure of staff to notify the petitioner of a requirement does not imply approval or waiver from anything contained within the ordinance. The undersigned authorizes the contact person listed above to represent this petition before the South Bend Plan Commission and Common Council and to answer any and all questions related to this petition. Property Owner (s) Signatures: 1 l 6 Vvf I St. Joseph t wn5socwres LowTaxInfo County LLUO . alum 1039 Lww Farhan Mohammed P.O.Box 11664 South Bend, IN 46616 South Bend,IN 46634 Spring Due by 05/12/2025:$0.00 Fall Due by 11/10/2025:$0.00 1{pP 0.00 v Total Due Q 11 Property Information Tax Year/Pay Year Homestead Credit Filed? 2024/2025 No Parcel Number Over 65 Circuit Breaker? 71-08-02-334-011.000-026 No Duplicate Number Legal Description 62591 Note:Not to be used on legal documents Property Type E 1/2 Lot IA H Cushings Real Section-Township-Range Tax Unit/Description No Info 18-South Bend-Portage Parcel Acres Property Class No Info COMMERCIAL DRIVE-IN RESTAURANT Lot Number No Info Mortgage Company None Block/Subdivision TIF No info 126 River West 1-SB Portge 026 South Bend Zoning fC:4-- Lck', s_- yet 5/14/2025, 10:26:23 AM 1:564 Aerials 0 0 0.01 0.01 mi 2023Parcel EJ City Limits I - ,.— , ' I I , . y I Red: Band 1 0 0.01 0.01 0.02 km Green:Band 2 Esri Community Maps Contributors, University of Notre Dame,St Joseph County GIS, ® OpenStreetMap, Microsoft, Esri, TomTom, Garmin, Blue: Band_3 City of South Bend-Department of Community Investment This map is to be used for reference only and does not constitute an official survey of property lines.This map should be used for planning purposes only.Please contact the Department of Community Investment for more information(574)245-6022 City of South Bend BOARD OF ZONING APPEALS June 11, 2025 Honorable Dr. Oliver Davis 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception at 1527 S MICHIGAN ST Dear Committee Chair Dr. Davis: Filed jn Clerk's Office JC J 1 3 2T5 Bianca Tirado City Clerk, South Bend, IN Enclosed is an Ordinance for the proposed Special Exception at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your June 23, 2025, Council meeting and set it for public hearing at your July 14, 2025, Council meeting. The petition is tentatively scheduled for public hearing at the July 7, 2025, South Bend Board of Zoning Appeals meeting. The staff report and recommendation of the South Bend Board of Zoning Appeals will be forwarded to the Office of the City Clerk by noon on the Wednesday following the public hearing. The petitioner provided the following to describe the proposed project: Establishing an auto repair shop (vehicle service, minor) on the property. The full petition is attached for your reference. Changes may occur between the filing and the public hearing. Any substantial changes will be identified at the Council meeting. If you have any questions, please feel free to contact our office. Sincerely, Tim Staub Zoning Specialist CC: Bob Palmer County-City Building I 227 W. Jefferson I South Bend, IN 46601 I 574-235-7627 I www.southbendin.gov/zoning 40-25 Filed in Clerk's Office BILL NO.40-25 J U N 1 3 2025 ORDINANCE NO. Bianca Tirado City Clerk, South Bend, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1527 S MICHIGAN ST COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Request a Special Exception to establish an auto repair shop (vehicle service, minor) on the property. NOW,THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Advisory Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for property located at: 1527 S MICHIGAN ST 018-8005-027801 In order to permit Vehicle Service, Minor SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Advisory Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience, or general welfare; 2. The proposed use will not injure or adversely affect the use of adjacent area of property values therein; 3. The proposed use will be consistent with the character of the district in which it is located, and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions, if any, established by the Advisory Board of Zoning Appeals which are on file in the Office of the City Clerk. SECTION V. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the mayor, and legal publication, and full execution of any conditions or Commitments placed upon the approval. Canneth Lee, Council President South Bend Common Council Attest: Bianca Tirado, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2025, at o'clock . m. Bianca Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of 2025, at o'clock m. James Mueller, Mayor City of South Bend, Indiana 2 - City of South Bend 227 W. Jefferson Suite 1400S 6601 BOARD OF ZONING APPEALS South Bend, IN zoning@southbendin.gov Petition for Variance - Special Exception Property Informatio Tax Key Number: 71-08-13-156-031.000-026 Address: 1527 Michigan Street South Bend, IN 46628 Owner: 1527 Michigan LLC Zoning: NC Neighborhood Center JUN 0 it 2025 Project Summary: BY: The proposed auto repair shop will be ensuring compatibility with surrounding businesses. The shop will provide essential vehicle maintenance and repair services to the community, enhancing transportation reliability and local economic activity. Requested Action Special Exception/ Use Variance — complete and attach Criteria for Decision Making Use requested:Auto Shop/Mechanic Shop Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Filed in Clerk's Office d : ' Bianca Tirado City Clerk, South Bend, IN Required Documents Completed Application (including Criteria for Decision Making and Contact Information) Site Plan drawn to scale Filing Fee Criteria for Decision Making Special Exception - if applicable A Special Exception may only be granted upon making a written determination, based upon the evidence presented at a public hearing. Please address how the project meets the following criteria. 1) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare, because: The auto shop will follow all safety regulations, including fire codes and environmental protections. It will provide a valuable service to the community by offering vehicle repairs and maintenance, enhancing transportation reliability. 2) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: The shop will be designed to minimize noise and emissions. Proper site planning, landscaping, and buffer zones will ensure that nearby properties maintain their value and appeal without disruption. 3) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein, because: The proposed business aligns with existing commercial or mixed-use zoning policies. It complements other businesses in the area and supports the local economy. 4) The proposed use is compatible with the recommendations of the Comprehensive Plan, because: he business fits within the city's long-term development goals, bringing employment opportunities and economic growth while maintaining responsible land use. Criteria for Decision Making Variance(s) - if applicable State statutes and the Zoning Ordinance require that certain standards must be met before a variance can be approved. Please address how the project meets the following criteria: 1) The approval will not be injurious to the public health, safety, morals and general welfare of the community, because: 2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner, because: 3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property, because: 4) The variance granted is the minimum necessary, because: 5) The variance does not correct a hardship caused by a former or current owner of the property, because: Contact Information Property owner(s) of the petition site: Name: 1527 Michigan LLC Address: PO BOX 11664 Sourh Sena, IN 46634 Name: David Farhan Address p828 E Jefferson Blvd South Bend, IN 46615 Name: Address. Contact Person: Name: Fares Fahran Address: 1828 Tea Rose Lane Mishawaka, IN 46544 Phone Number: 574-217-1405 farestarhan1990@gmail.com E-mail By signing this petition, the Petitioner/Property Owners of the above described Real Estate acknowledge they are responsible for understanding and complying with the South Bend Zoning Ordinance and any other ordinance governing the property. Failure of staff to notify the petitioner of a requirement does not imply approval or waiver from anything contained within the ordinance. The undersigned authorizes the contact person listed above to represent this petition before the South Bend Plan Commission and Common Council and to answer any and all questions related to this petition. Property Owner (s) Signatures: City of South Bend BOARD OF ZONING APPEALS June 11, 2025 Honorable Dr. Oliver Davis 4th Floor, County-City Building South Bend, IN 46601 RE: Special Exception at 1024 W THOMAS ST Dear Committee Chair Dr. Davis: Filed in Clerk 's Office JUN 1 3 2025 Bianca Tir ado City Clerk, South Bend, IN Enclosed is an Ordinance for the proposed Special Exception at the above referenced location. Please include the attached Ordinance on the Council agenda for first reading at your June 23, 2025, Council meeting and set it for public hearing at your July 14, 2025, Council meeting. The petition is tentatively scheduled for public hearing at the July 7, 2025, South Bend Board of Zoning Appeals meeting. The staff report and recommendation of the South Bend Board of Zoning Appeals will be forwarded to the Office of the City Clerk by noon on the Wednesday following the public hearing. The petitioner provided the following to describe the proposed project: Establish a school in the El Campito Building The full petition is attached for your reference. Changes may occur between the filing and the public hearing. Any substantial changes will be identified at the Council meeting. If you have any questions, please feel free to contact our office. Sincerely, Tim Staub Zoning Specialist CC: Bob Palmer County-City Building I 227 W. Jefferson I South Bend, IN 46601 I 574-235-7627 I www.southbendin.gov/zoning 41-25 Filed in Clerk's Office BILL NO. 41-25 Bianca Trado ORDINANCE NO.City Clerk, South Bend, IN AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE ADVISORY BOARD OF ZONING APPEALS FOR THE PROPERTY LOCATED AT 1024 THOMAS STREET, COUNCILMANIC DISTRICT NO. 2 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT Request a Special Exception to establish a school in the El Campito Building NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Advisory Board of Zoning Appeals pursuant to Indiana Code Section 5-14-1.5-5, requesting that a Special Exception be granted for property located at: 1024 THOMAS ST 018-3069-2666 In order to permit School, Pre-K/Primary/Secondary SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Council hereby approves the petition of the Advisory Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana, hereby finds that: 1. The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience, or general welfare; 2. The proposed use will not injure or adversely affect the use of adjacent area of property values therein; 3. The proposed use will be consistent with the character of the district in which it is located, and the land uses authorized therein; 4. The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan; SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions, if any, established by the Advisory Board of Zoning Appeals which are on file in the Office of the City Clerk. SECTION V. This Ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the mayor, and legal publication, and full execution of any conditions or Commitments placed upon the approval. Canneth Lee, Council President South Bend Common Council Attest: Bianca Tirado, City Clerk Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the day of 2025, at o'clock . m. Bianca Tirado, City Clerk Office of the City Clerk Approved and signed by me on the day of 2025, at o'clock m. James Mueller, Mayor City of South Bend, Indiana 2 - City of South Bend 227 W. Jefferson - Suite 1400S South Bend, IN 46601 BOARD OF ZONING APPEALS zoning@southbendin.gov Petition for Variance - Special Exception Property Information Tax Key Number 018 3069 2666 Address: 1024 Thomas Street, South Bend, IN 46601 Owner: El Campito Inc. (Owner) / Trinity Schools, Inc. (Petitioner, Contrac d uyer) Zoning: U1 Urban Neighborhood 1 C rV r t, Project Summary:Ely. Seeking a Special Exception to allow the property located at 1024 Thomas Street, z Urban Neighborhood 1), to be used by Trinity Schools, Inc., as a School, PreK/Primary/Secondary, 21-06.01(f)(1 1), specifically for grades 6-12. Requested Action Q Special Exception/ Use Variance — complete and attach Criteria for Decision Making Use requested:Special Exception to be used as a Primary/Secondary School Variance(s) - List variances below, complete and attach Criteria for Decision Making Variance(s) requested: Filed in Clerk's Office I J L _ Bianca Tirado City Clerk, South Bend, IN Required Documents Completed Application (including Criteria for Decision Making and Contact Information) 0 Site Plan drawn to scale 0 Filing Fee Criteria for Decision Making Special Exception -if applicable A Special Exception may only be granted upon making a written determination, based upon the evidence presented at a public hearing. Please address how the project meets the following criteria. 1)The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare, because: This historic site formerly housed St. Stephen's Catholic School. Recently, El Campito used the site as a child development center. Trinity School looks forward to continuing to educate children here by operating a grade 6-12 classical Christian school, establishing a culture marked by the discovery of truth, the practice of goodness, the creation of beauty, and the development of intellectual and aesthetic habits of mind. We look forward to serving our students and their families and benefitting the surrounding community. The school will meet all applicable building and fire safety codes. For these reasons, the proposed use will not generate any such injuries. 2)The proposed use will not injure or adversely affect the use of the adjacent area or property values therein, because: Trinity School believes that the regular presence of children, teachers, and parents at the school site will only increase the safety of the surrounding residential neighborhood, thereby benefitting the adjacent uses and property values. Further, the school will provide an additional educational option for families in the surrounding community, thereby offering an essential amenity. For these reasons, the use of the site as a school would not injure or adversely affect the use of the adjacent area or property values therein. 3)The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein, because: U1 permits institutional uses compatible with the scale and character of the surrounding neighborhood. "The U1 District is established to provide for, promote, and maintain urban neighborhoods located in both the core and outlying areas of the City." 21-03.03(a). Operating a school at this site would promote the surrounding urban neighborhood by advancing a neighborhood planning principle set forth in the Near West Side Neighborhood Plan: Amenities such as stores, schools, healthcare, entertainment, parks, cultural institutions, and places of worship are within a convenient distance." 4)The proposed use is compatible with the recommendations of the Comprehensive Plan, because: The proposed use of a grade 6-12 school is compatible with recommendation E 5.1 of the City of South Bend Comprehensive Plan: "Establish and maintain a consistent planning, review, and development process with institutions of higher education, private schools, and the SBCSC to address existing and future school facilities." Criteria for Decision Making Variance(s) - if applicable State statutes and the Zoning Ordinance require that certain standards must be met before a variance can be approved. Please address how the project meets the following criteria: 1) The approval will not be injurious to the public health, safety, morals and general welfare of the community, because: 2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner, because: 3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property, because: 4) The variance granted is the minimum necessary, because: 5) The variance does not correct a hardship caused by a former or current owner of the property, because: Contact Information Property owner(s) of the petition site: Name: El Campito Inc. (Owner) Address: 405 East Dubail Avenue South Bend, IN 46613 Name: Trinity Schools, Inc. (Authorized Petitioner Under Contract to Purchase) Address: c/o David Salmon, President 121 North Ellsworth Place, South Bend, IN 46617 Name Address Contact Person: Name: Paul Kane, Trustee for Trinity School; Josh Caneff, Admissions Director Address: 1529 East Washington Street South Bend, IN 46617 Phone Number: (574) 876-6207 (Paul Kane); (503) 209-4399 (Josh Caneff) paulkane99@gmail.com (P. Kane); jcaneff@trinityschools.org (J. Caneff) E-mail: By signing this petition, the Petitioner/Property Owners of the above described Real Estate acknowledge they are responsible for understanding and complying with the South Bend Zoning Ordinance and any other ordinance governing the property. Failure of staff to notify the petitioner of a requirement does not imply approval or waiver from anything contained within the ordinance. The undersigned authorizes the contact person listed above to represent this petition before the South Bend Plan Commission and Common Council and to answer any and all questions related to this petition. Property Owner (s) Signatures: Digitally signed by David Salmon David Salmon Date:2025.06.05 13:45:01 04'00' MCPHERSON STREET 1 A rb I 1 a` 1 I r '/'~• 1 o Zo=z C n(r2G) I I i I L. 1 fir? 0,, i En CA 1 1 a 1 Sj iR liE • C a iia FUTURE LOCATION OF TRINITY SCHOOL ALLI ANC El L 11 i CHANGE OF USE i eP I SOUTH BEND.INDIANA tvAls•aRmrlutfaNFO I SFPOI+LINNWIN61