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HomeMy WebLinkAbout01.26.26 PC Agenda Packet Tim Corcoran Planning Director City Hall 215 S. Martin Luther King, Jr. Blvd. Suite 500 South Bend, IN 46601 (574)235-7627 www.southbendin.gov/zoning City of South Bend PLAN COMMISSION Brian Killen Zoning Administrator Francisco Fotia Commission President AGENDA Monday, January 26, 2026 – 3:30 P.M. City Hall Third-Floor Council Chambers https://www.southbendin.gov/sbpc Meeting Recordings- https://tinyurl.com/PlanCommission2026 1)OFFICER ELECTIONS 2)PUBLIC HEARING: A. REZONING - None for consideration B.MAJOR SUBDIVISIONS - None for considerationC.DEVELOPMENT PLANS - None for considerationD.TEXT AMENDMENTS – None for consideration 3)ITEMS NOT REQUIRING A PUBLIC HEARING: A.DEVELOPMENT PLANS1.PC#0292-26 - RESOLUTION OF THE SOUTH BEND PLAN COMMISSIONAPPROVING RESOLUTION OF THE SOUTH BEND REDEVELOPMENTCOMMISSION APPROVING AMENDMENTS TO THE DECLARATORYRESOLUTION AND THE DEVELOPMENT PLAN FOR THE RIVER WESTDEVELOPMENT AREA FOR THE PURPOSE OF ESTABLISHING A NEWALLOCATION AREA AND RELATED MATTERS B.TEXT AMENDMENTS1. 1. PC#0288-26 - AN ORDINANCE OF THE COMMON COUNCIL OF THECITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE TO MAKE MISCELLANEOUS CHANGESFOR CLARIFICATION AND CONSISTENCY TO SIMPLIFY DEVELOPMENTPROCESS AND TO ACHIEVE HIGHER QUALITY DEVELOPMENT. (THIRD SUBSTITUTE) C.MINOR SUBDIVISIONS Name: Popeye's Hickory Minor Subdivision PC#0297-26 Location: 605 HICKORY RD D.FINDINGS OF FACT – None for considerationE.MINUTES – December 15, 2025F.UPDATES FROM STAFFG.ADJOURNMENT Tim Corcoran Planning Director City Hall 215 S. Martin Luther King, Jr. Blvd. Suite 500 South Bend, IN 46601 (574) 235-7627 www.southbendin.gov/zoning City of South Bend PLAN COMMISSION Brian Killen Zoning Administrator Francisco Fotia Commission President NOTICE FOR HEARING AND SIGN IMPAIRED PERSONS Auxiliary Aid or other services may be available upon request at no charge. Please give reasonable advance request when possible. Commissioner Appointing Agency Term Start Term End Dr. Oliver Davis Council Appointee Until reappointed John Martinez Venues, Parks and Arts Appointee Until reappointed Rebecca Plantz City Engineer Appointee Until reappointed Scott Ford Bureau of Public Works Appointee Until reappointed Francisco Fotia Mayoral Appointee 9/16/2022 12/31/2025 Caitlin Stevens Mayoral Appointee 1/1/2024 12/31/2027 Tyler Gillean Mayoral Appointee 7/25/2024 12/31/2027 Maureen Miller Mayoral Appointee 8/22/2025 12/31/2029 Taylor Lewis Mayoral Appointee 9/4/2025 12/31/2028 SOUTH BEND PLAN COMMISSION Page 1 of 1 Staff Report – PC#292-26 January 20, 2026 Requested Action RESOLUTION OF THE SOUTH BEND PLAN COMMISSION APPROVING RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION APPROVING AMENDMENTS TO THE DECLARATORY RESOLUTION AND THE DEVELOPMENT PLAN FOR THE RIVER WEST DEVELOPMENT AREA FOR THE PURPOSE OF ESTABLISHING A NEW ALLOCATION AREA AND RELATED MATTERS Project Summary On December 18, 2025, the South Bend Redevelopment Commission (RDC) approved and adopted its Resolution No. 3661 entitled “Resolution of the South Bend Redevelopment Commission Approving Amendments to the Declaratory Resolution And The Development Plan for the River West Development Area for the Purpose of Establishing a New Allocation Area and Related Matters.” The RDC resolution would amend the River West Development Area for the purpose of establishing new allocation areas to support the redevelopment of properties downtown. Pursuant to Indiana Code 36-7-14, as amended, the RDC has submitted its Resolution No. 3661 to the Plan Commission for approval. Resolution No. 2026-1 to be considered by the Plan Commission, if adopted, would approve, ratify, and confirm the RDC resolution. Recommendation Staff Recommendation: Based on the information available prior to the public hearing, the staff recommends the Plan Commission approve the resolution. RESOLUTION NO. _______ RESOLUTION OF THE SOUTH BEND PLAN COMMISSION APPROVING A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION APPROVING AMENDMENTS TO THE DECLARATORY RESOLUTION AND THE DEVELOPMENT PLAN FOR THE RIVER WEST DEVELOPMENT AREA FOR THE PURPOSE OF ESTABLISHING NEW ALLOCATION AREAS AND RELATED MATTERS WHEREAS, the South Bend Plan Commission (the “Plan Commission”), is the body charged with the duty of developing a general plan of development for the City of South Bend, Indiana (the “City”); and WHEREAS, the South Bend Redevelopment Commission (the “Commission”), the governing body of the South Bend Department of Redevelopment (the “Department”) and the Redevelopment District of the City of South Bend, Indiana (the “District”), pursuant to Indiana Code 36-7-14, as amended (the “Act”), on December 18, 2025, approved and adopted its Resolution No. 3661 entitled “Resolution of the South Bend Redevelopment Commission Approving Amendments to the Declaratory Resolution and the Development Plan for the River West Development Area for the Purpose of Establishing New Allocation Areas and Related Matters” (the “Amending Declaratory Resolution”); and WHEREAS, the Amending Declaratory Resolution approved amendments to the Declaratory Resolution previously adopted by the Commission and the development plan (the “Plan”) previously approved by the Commission in connection with the establishment and subsequent amendment of the River West Development Area and designation of the related allocation areas (collectively, the “Allocation Area”) to (a) designate certain areas, each of which is presently part of the Allocation Area, as separate allocation areas pursuant to Section 39 of the Act to be known as (i) the “Lafayette North Allocation Area” as described and depicted at Exhibit A to the Amending Declaratory Resolution, (ii) the “Lafayette South Allocation Area” as described and depicted at Exhibit B to the Amending Declaratory Resolution, (iii) the “Ignition Park Allocation Area” as described and depicted at Exhibit C to the Amending Declaratory Resolution, (iv) the “Downtown North Allocation Area” as described and depicted at Exhibit D to theAmending Declaratory Resolution, (v) the “Michigan Street Corridor Allocation Area” asdescribed and depicted at Exhibit E to the Amending Declaratory Resolution, (vi) the “StudebakerCampus Allocation Area” as described and depicted at Exhibit F to the Amending Declaratory Resolution, (vii) the “Riverfront West Allocation Area” as described and depicted at Exhibit G to the Amending Declaratory Resolution, and (viii) the “Downtown South Allocation Area” asdescribed and depicted at Exhibit H to the Amending Declaratory Resolution (clauses (i) throughand including (viii), collectively, the “Allocation Areas”), and (b) amend the Plan to include eachof the Allocation Areas therein (clauses (a) and (b), collectively, the “2026 Amendments”); and WHEREAS, the Plan Commission desires to approve the Amending Declaratory Resolution and the 2026 Amendments; and - 2 - WHEREAS, the Commission has submitted the Amending Declaratory Resolution to the Plan Commission for approval pursuant to the provisions of the Act, which Amending Declaratory Resolution is attached hereto as Exhibit A and made a part hereof; and WHEREAS, the Plan Commission has reviewed the Amending Declaratory Resolution and the 2026 Amendments described in the Amending Declaratory Resolution and has determined that they conform to the plan of development for the City, and now desires to approve the Amending Declaratory Resolution and the 2026 Amendments described therein and, pursuant to Section 16 of the Act, the Plan Commission desires to issue its written order approving the Amending Declaratory Resolution and the 2026 Amendments described therein; NOW, THEREFORE BE IT RESOLVED by the South Bend Plan Commission, as follows: 1. Pursuant to Section 16 of the Act, the Plan Commission hereby finds and determines that the Amending Declaratory Resolution and the 2026 Amendments described in the Amending Declaratory Resolution conform to the plan of development of the City. 2. The Amending Declaratory Resolution and the 2026 Amendments described in the Amending Declaratory Resolution are in all respects approved, ratified and confirmed. 3. This Resolution hereby constitutes the written order of the Plan Commission approving the Amending Declaratory Resolution and the 2026 Amendments described in the Amending Declaratory Resolution pursuant to Section 16 of the Act. 4. The Secretary of the Plan Commission is hereby directed to file copies of the Amending Declaratory Resolution with the minutes of this public meeting. 5. This Resolution shall be in full force and effect after its adoption by the Plan Commission. - 3 - PASSED, ISSUED AND APPROVED by the South Bend Plan Commission this 20th day of January, 2026. SOUTH BEND PLAN COMMISSION _______________________________________ President ATTEST: ______________________________ Secretary A-1 EXHIBIT A AMENDING DECLARATORY RESOLUTION (See Attached) DMS 50257957v1 RESOLUTION NO. 3661 RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION APPROVING AMENDMENTS TO THE DECLARATORY RESOLUTION AND THE DEVELOPMENT PLAN FOR THE RIVER WEST DEVELOPMENT AREA FOR THE PURPOSE OF ESTABLISHING NEW ALLOCATION AREAS AND RELATED MATTERS WHEREAS, the South Bend Redevelopment Commission (the “Commission”), the governing body of the City of South Bend, Indiana, Department of Redevelopment (the Department”) and the Redevelopment District of the City of South Bend, Indiana (the “District”), exists and operates under the provisions of the Redevelopment of Cities and Towns Act of 1953 which has been codified in Indiana Code 36-7-14, as amended from time to time (the “Act”); and WHEREAS, the Commission has heretofore adopted a declaratory resolution (as subsequently confirmed and amended from time to time, the “Declaratory Resolution”) designating an area known as the River West Development Area (the “Area”) as an economic development area pursuant to the Act, designating portions of the Area as allocation areas pursuant to Section 39 of the Act (collectively, the “Allocation Area”), and approving and subsequently amending from time to time a development plan for the Area (collectively, the “Plan”); and WHEREAS, pursuant to Sections 15-17.5 of the Act, the Commission desires to further amend the Declaratory Resolution and the Plan to designate certain areas, each of which is presently part of the Allocation Area, as separate allocation areas pursuant to Section 39 of the Act to be known as (i) the “Lafayette North Allocation Area” as described and depicted at Exhibit A attached hereto (the “Lafayette North Allocation Area”), (ii) the “Lafayette South Allocation Area” as described and depicted at Exhibit B attached hereto (the “Lafayette South Allocation Area”), iii) the “Ignition Park Allocation Area” as described and depicted at Exhibit C attached hereto the “Ignition Park Allocation Area”), (iv) the “Downtown North Allocation Area” as described and depicted at Exhibit D attached hereto (the “Downtown North Allocation Area”), (v) the Michigan Street Corridor Allocation Area” as described and depicted at Exhibit E attached hereto the “Michigan Street Corridor Allocation Area”), (vi) the “Studebaker Campus Allocation Area” as described and depicted at Exhibit F attached hereto (the “Studebaker Campus Allocation Area”), vii) the “Riverfront West Allocation Area” as described and depicted at Exhibit G attached hereto the “Riverfront West Allocation Area”), and (viii) the “Downtown South Allocation Area” as described and depicted at Exhibit H attached hereto (the “Downtown South Allocation Area”) clauses (i) through and including (viii), collectively, the “Allocation Areas”); and 2 - WHEREAS, Section 39 of the Act has been created and amended to permit the creation and expansion of “allocation areas” to provide for the allocation and distribution of property taxes for the purposes and in the manner provided in said Section; and WHEREAS, this Commission deems it advisable to apply the provisions of said Section 39 of the Act to each of the Allocation Areas; and WHEREAS, the Commission now desires to approve the designation of each of the Allocation Areas and the amendment of the Plan to include each of the Allocation Areas therein collectively, the “Amendments”); and; WHEREAS, the proposed Amendments and supporting data were reviewed and considered at this meeting; NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment Commission as follows: 1.The Commission hereby finds and determines that the Amendments promote significant opportunities for the (i) gainful employment of the citizens of the City of South Bend, Indiana (the “City”), (ii) attraction of major new business enterprises to the City, and (iii) retention and expansion of significant business enterprises existing in the boundaries of the City and meets other purposes of Sections 2.5, 41 and 43 of the Act, including without limitation benefiting public health, safety, and welfare, increasing the economic well-being of the City and the State of Indiana the “State”) and serving to protect and increase property values in the City and the State. 2.The Amendments cannot be achieved by regulatory processes or by the ordinary operation of private enterprise without resort to the powers allowed under Sections 2.5, 41 and 43 of the Act because of lack of local public improvements, existence of conditions that lower the value of the land below that of nearby land, multiple ownership of land, and other similar conditions. 3.The public health and welfare will be benefited by accomplishment of the Amendments. 4.It will be of public utility and benefit to further amend the Declaratory Resolution and the Plan for the Area as provided in the Amendments and to continue to develop the Area, including each of the Allocation Areas, as provided under the Act. 5.Accomplishment of the Amendments will be a public utility and benefit as measured by the attraction or retention of permanent jobs, an increase in the property tax base, improved diversity of the economic base and other similar public benefits. 6.The Commission hereby finds that the further amendment of the Declaratory Resolution and the Plan, to designate each of the Allocation Areas, conforms to the comprehensive plan for the City. 7.The map and plat of each of the Allocation Areas showing its boundaries, the location of the various parcels of property, streets and alleys, and other features affecting the 3 - acquisition, clearance, replatting, replanning, rezoning, redevelopment or economic development of each of the Allocation Areas, and the parts of each of the Allocation Areas that are to be devoted to public ways, levees, sewerage, parks, playgrounds and other public purposes under the Plan, are hereby approved and adopted as the map and plat for each of the respective Allocation Areas. 8.The Amendments are reasonable and appropriate when considered in relation to the Declaratory Resolution and the Plan and the purposes of the Act. 9.The findings and determinations set forth in the Declaratory Resolution and the Plan are hereby reaffirmed. 10.The Commission finds that no residents of the Area will be displaced by any project resulting from the Amendments, and therefore finds that it does not need to give consideration to transitional and permanent provision for adequate housing for the residents. 11. The Amendments are hereby in all respects approved. 12.The area described and depicted in Exhibit A is hereby removed from the Allocation Area, and is hereby designated as a separate “allocation area” pursuant to Section 39 of the Act to be known as the “Lafayette North Allocation Area,” for purposes of the allocation and distribution of property taxes for the purposes and in the manner provided by said Section. Any taxes imposed under I.C. 6-1.1 on real property subsequently levied by or for the benefit of any public body entitled to a distribution of property taxes on taxable property in said allocation area shall be allocated and distributed as follows: Except as otherwise provided in said Section 39, the proceeds of taxes attributable to the lesser of the assessed value of the property for the assessment date with respect to which the allocation and distribution is made, or the base assessed value, shall be allocated to and when collected paid into the funds of the respective taxing units. Except as otherwise provided in said Section 39, property tax proceeds in excess of those described in the previous sentence shall be allocated to the District and when collected paid into an allocation fund for the Lafayette North Allocation Area hereby designated as the “Lafayette North Allocation Area Allocation Fund” and may be used by the District to do one or more of the things specified in Section 39(b)(4) of the Act, as the same may be amended from time to time. Said allocation fund may not be used for operating expenses of the Commission. Except as otherwise provided in the Act, before June 15 of each year, the Commission shall take the actions set forth in Section 39(b)(5) of the Act. The Commission hereby finds that the adoption of this allocation provision will result in new property taxes in the Lafayette North Allocation Area that would not have been generated but for the adoption of the allocation provision, as specifically evidenced by the findings set forth in Exhibit I. The base assessment date for the Lafayette North Allocation Area is January 1, 2025. 13.The area described and depicted in Exhibit B is hereby removed from the Allocation Area, and is hereby designated as a separate “allocation area” pursuant to Section 39 of the Act to be known as the “Lafayette South Allocation Area,” for purposes of the allocation and distribution of property taxes for the purposes and in the manner provided by said Section. Any taxes imposed 4 - under I.C. 6-1.1 on real property subsequently levied by or for the benefit of any public body entitled to a distribution of property taxes on taxable property in said allocation area shall be allocated and distributed as follows: Except as otherwise provided in said Section 39, the proceeds of taxes attributable to the lesser of the assessed value of the property for the assessment date with respect to which the allocation and distribution is made, or the base assessed value, shall be allocated to and when collected paid into the funds of the respective taxing units. Except as otherwise provided in said Section 39, property tax proceeds in excess of those described in the previous sentence shall be allocated to the District and when collected paid into an allocation fund for the Lafayette South Allocation Area hereby designated as the “Lafayette South Allocation Area Allocation Fund” and may be used by the District to do one or more of the things specified in Section 39(b)(4) of the Act, as the same may be amended from time to time. Said allocation fund may not be used for operating expenses of the Commission. Except as otherwise provided in the Act, before June 15 of each year, the Commission shall take the actions set forth in Section 39(b)(5) of the Act. The Commission hereby finds that the adoption of this allocation provision will result in new property taxes in the Lafayette South Allocation Area that would not have been generated but for the adoption of the allocation provision, as specifically evidenced by the findings set forth in Exhibit I. The base assessment date for the Lafayette South Allocation Area is January 1, 2025. 14.The area described and depicted in Exhibit C is hereby removed from the Allocation Area, and is hereby designated as a separate “allocation area” pursuant to Section 39 of the Act to be known as the “Ignition Park Allocation Area,” for purposes of the allocation and distribution of property taxes for the purposes and in the manner provided by said Section. Any taxes imposed under I.C. 6-1.1 on real property subsequently levied by or for the benefit of any public body entitled to a distribution of property taxes on taxable property in said allocation area shall be allocated and distributed as follows: Except as otherwise provided in said Section 39, the proceeds of taxes attributable to the lesser of the assessed value of the property for the assessment date with respect to which the allocation and distribution is made, or the base assessed value, shall be allocated to and when collected paid into the funds of the respective taxing units. Except as otherwise provided in said Section 39, property tax proceeds in excess of those described in the previous sentence shall be allocated to the District and when collected paid into an allocation fund for the Ignition Park Allocation Area hereby designated as the “Ignition Park Allocation Area Allocation Fund” and may be used by the District to do one or more of the things specified in Section 39(b)(4) of the Act, as the same may be amended from time to time. Said allocation fund may not be used for operating expenses of the Commission. Except as otherwise provided in the Act, before June 15 of each year, the Commission shall take the actions set forth in Section 39(b)(5) of the Act. The Commission hereby finds that the adoption of this allocation provision will result in new property taxes in the Ignition Park Allocation Area that would not have been generated but for the adoption of the allocation provision, as specifically evidenced by the findings set forth in Exhibit I. The base assessment date for the Ignition Park Allocation Area is January 1, 2025. 5 - 15.The area described and depicted in Exhibit D is hereby removed from the Allocation Area, and is hereby designated as a separate “allocation area” pursuant to Section 39 of the Act to be known as the “Downtown North Allocation Area,” for purposes of the allocation and distribution of property taxes for the purposes and in the manner provided by said Section. Any taxes imposed under I.C. 6-1.1 on real property subsequently levied by or for the benefit of any public body entitled to a distribution of property taxes on taxable property in said allocation area shall be allocated and distributed as follows: Except as otherwise provided in said Section 39, the proceeds of taxes attributable to the lesser of the assessed value of the property for the assessment date with respect to which the allocation and distribution is made, or the base assessed value, shall be allocated to and when collected paid into the funds of the respective taxing units. Except as otherwise provided in said Section 39, property tax proceeds in excess of those described in the previous sentence shall be allocated to the District and when collected paid into an allocation fund for the Downtown North Allocation Area hereby designated as the Downtown North Allocation Area Allocation Fund” and may be used by the District to do one or more of the things specified in Section 39(b)(4) of the Act, as the same may be amended from time to time. Said allocation fund may not be used for operating expenses of the Commission. Except as otherwise provided in the Act, before June 15 of each year, the Commission shall take the actions set forth in Section 39(b)(5) of the Act. The Commission hereby finds that the adoption of this allocation provision will result in new property taxes in the Downtown North Allocation Area that would not have been generated but for the adoption of the allocation provision, as specifically evidenced by the findings set forth in Exhibit I. The base assessment date for the Downtown North Allocation Area is January 1, 2025. 16.The area described and depicted in Exhibit E is hereby removed from the Allocation Area, and is hereby designated as a separate “allocation area” pursuant to Section 39 of the Act to be known as the “Michigan Street Corridor Allocation Area,” for purposes of the allocation and distribution of property taxes for the purposes and in the manner provided by said Section. Any taxes imposed under I.C. 6-1.1 on real property subsequently levied by or for the benefit of any public body entitled to a distribution of property taxes on taxable property in said allocation area shall be allocated and distributed as follows: Except as otherwise provided in said Section 39, the proceeds of taxes attributable to the lesser of the assessed value of the property for the assessment date with respect to which the allocation and distribution is made, or the base assessed value, shall be allocated to and when collected paid into the funds of the respective taxing units. Except as otherwise provided in said Section 39, property tax proceeds in excess of those described in the previous sentence shall be allocated to the District and when collected paid into an allocation fund for the Michigan Street Corridor Allocation Area hereby designated as the Michigan Street Corridor Allocation Area Allocation Fund” and may be used by the District to do one or more of the things specified in Section 39(b)(4) of the Act, as the same may be amended from time to time. Said allocation fund may not be used for operating expenses of the Commission. Except as otherwise provided in the Act, before June 15 of each year, the Commission shall take the actions set forth in Section 39(b)(5) of the Act. The Commission hereby finds that the adoption of this allocation provision will result in 6 - new property taxes in the Michigan Street Corridor Allocation Area that would not have been generated but for the adoption of the allocation provision, as specifically evidenced by the findings set forth in Exhibit I. The base assessment date for the Michigan Street Corridor Allocation Area is January 1, 2025. 17.The area described and depicted in Exhibit F is hereby removed from the Allocation Area, and is hereby designated as a separate “allocation area” pursuant to Section 39 of the Act to be known as the “Studebaker Campus Allocation Area,” for purposes of the allocation and distribution of property taxes for the purposes and in the manner provided by said Section. Any taxes imposed under I.C. 6-1.1 on real property subsequently levied by or for the benefit of any public body entitled to a distribution of property taxes on taxable property in said allocation area shall be allocated and distributed as follows: Except as otherwise provided in said Section 39, the proceeds of taxes attributable to the lesser of the assessed value of the property for the assessment date with respect to which the allocation and distribution is made, or the base assessed value, shall be allocated to and when collected paid into the funds of the respective taxing units. Except as otherwise provided in said Section 39, property tax proceeds in excess of those described in the previous sentence shall be allocated to the District and when collected paid into an allocation fund for the Studebaker Campus Allocation Area hereby designated as the Studebaker Campus Allocation Area Allocation Fund” and may be used by the District to do one or more of the things specified in Section 39(b)(4) of the Act, as the same may be amended from time to time. Said allocation fund may not be used for operating expenses of the Commission. Except as otherwise provided in the Act, before June 15 of each year, the Commission shall take the actions set forth in Section 39(b)(5) of the Act. The Commission hereby finds that the adoption of this allocation provision will result in new property taxes in the Studebaker Campus Allocation Area that would not have been generated but for the adoption of the allocation provision, as specifically evidenced by the findings set forth in Exhibit I. The base assessment date for the Studebaker Campus Allocation Area is January 1, 2025. 18.The area described and depicted in Exhibit G is hereby removed from the Allocation Area, and is hereby designated as a separate “allocation area” pursuant to Section 39 of the Act to be known as the “Riverfront West Allocation Area,” for purposes of the allocation and distribution of property taxes for the purposes and in the manner provided by said Section. Any taxes imposed under I.C. 6-1.1 on real property subsequently levied by or for the benefit of any public body entitled to a distribution of property taxes on taxable property in said allocation area shall be allocated and distributed as follows: Except as otherwise provided in said Section 39, the proceeds of taxes attributable to the lesser of the assessed value of the property for the assessment date with respect to which the allocation and distribution is made, or the base assessed value, shall be allocated to and when collected paid into the funds of the respective taxing units. Except as otherwise provided in said Section 39, property tax proceeds in excess of those described in the previous sentence shall be allocated to the District and when collected paid into an allocation fund for the Riverfront West Allocation Area hereby designated as the Riverfront West Allocation Area Allocation Fund” and may be used by the District to do 7 - one or more of the things specified in Section 39(b)(4) of the Act, as the same may be amended from time to time. Said allocation fund may not be used for operating expenses of the Commission. Except as otherwise provided in the Act, before June 15 of each year, the Commission shall take the actions set forth in Section 39(b)(5) of the Act. The Commission hereby finds that the adoption of this allocation provision will result in new property taxes in the Riverfront West Allocation Area that would not have been generated but for the adoption of the allocation provision, as specifically evidenced by the findings set forth in Exhibit I. The base assessment date for the Riverfront West Allocation Area is January 1, 2025. 19.The area described and depicted in Exhibit H is hereby removed from the Allocation Area, and is hereby designated as a separate “allocation area” pursuant to Section 39 of the Act to be known as the “Downtown South Allocation Area,” for purposes of the allocation and distribution of property taxes for the purposes and in the manner provided by said Section. Any taxes imposed under I.C. 6-1.1 on real property subsequently levied by or for the benefit of any public body entitled to a distribution of property taxes on taxable property in said allocation area shall be allocated and distributed as follows: Except as otherwise provided in said Section 39, the proceeds of taxes attributable to the lesser of the assessed value of the property for the assessment date with respect to which the allocation and distribution is made, or the base assessed value, shall be allocated to and when collected paid into the funds of the respective taxing units. Except as otherwise provided in said Section 39, property tax proceeds in excess of those described in the previous sentence shall be allocated to the District and when collected paid into an allocation fund for the Downtown South Allocation Area hereby designated as the Downtown South Allocation Area Allocation Fund” and may be used by the District to do one or more of the things specified in Section 39(b)(4) of the Act, as the same may be amended from time to time. Said allocation fund may not be used for operating expenses of the Commission. Except as otherwise provided in the Act, before June 15 of each year, the Commission shall take the actions set forth in Section 39(b)(5) of the Act. The Commission hereby finds that the adoption of this allocation provision will result in new property taxes in the Downtown South Allocation Area that would not have been generated but for the adoption of the allocation provision, as specifically evidenced by the findings set forth in Exhibit I. The base assessment date for the Downtown South Allocation Area is January 1, 2025. 20.The provisions of this Resolution shall be subject in all respects to the Act and any amendments thereto, and the allocation provisions herein relating to each of the Allocation Areas shall expire on the date that is twenty-five (25) years after the date on which the first obligation is incurred to pay principal and interest on bonds or lease rentals on leases payable from tax increment revenues derived from each of the respective Allocation Areas. 21.Any member of the Commission is hereby authorized to take such actions as are necessary to implement the purposes of this resolution, and any such action taken prior to the date hereof is hereby ratified and approved. 8 - 22.This Resolution, together with any supporting data, shall be submitted to the City of South Bend Plan Commission (the “Plan Commission”) and the Common Council of the City the “Common Council”) as provided in the Act, and if approved by the Plan Commission and the Common Council shall be submitted to a public hearing and remonstrance as provided by the Act, after public notice as required by the Act. 23.This Resolution shall take effect immediately upon its adoption by the Commission. ADOPTED AND APPROVED at a meeting of the South Bend Redevelopment Commission held on the 18th day of December, 2025. SOUTH BEND REDEVELOPMENT COMMISSION Troy Warner, President ATTEST: Eli Wax, Secretary A-1 EXHIBIT A LEGAL DESCRIPTION, PARCEL LIST AND MAP Lafayette North Allocation Area River West Development Area A-2 A-3 A-4 Parcel List for the Lafayette North Allocation Area A-5 A-6 Map of the Lafayette North Allocation Area B-1 EXHIBIT B LEGAL DESCRIPTION, PARCEL LIST AND MAP Lafayette South Allocation Area River West Development Area B-2 B-3 B-4 Parcel List for the Lafayette South Allocation Area B-5 B-6 Map of the Lafayette South Allocation Area C-1 EXHIBIT C LEGAL DESCRIPTION, PARCEL LIST AND MAP Ignition Park Allocation Area River West Development Area C-2 Parcel List for the Ignition Park Allocation Area C-3 Maps of the Ignition Park Allocation Area C-4 D-1 EXHIBIT D LEGAL DESCRIPTION, PARCEL LIST AND MAP Downtown North Allocation Area River West Development Area D-2 Parcel List for the Downtown North Allocation Area D-3 Map of the Downtown North Allocation Area E-1 EXHIBIT E LEGAL DESCRIPTION, PARCEL LIST AND MAP Michigan Street Corridor Allocation Area River West Development Area E-2 E-3 Parcel List for the Michigan Street Corridor Allocation Area E-4 Map of the Michigan Street Corridor Allocation Area F-1 EXHIBIT F LEGAL DESCRIPTION, PARCEL LIST AND MAP Studebaker Campus Allocation Area River West Development Area F-2 F-3 Parcel List for the Studebaker Campus Allocation Area F-4 Map of the Studebaker Campus Allocation Area G-1 EXHIBIT G LEGAL DESCRIPTION, PARCEL LIST AND MAP Riverfront West Allocation Area River West Development Area G-2 G-3 Parcel List for the Riverfront West Allocation Area G-4 Map of the Riverfront West Allocation Area H-1 EXHIBIT H LEGAL DESCRIPTION, PARCEL LIST AND MAP Downtown South Allocation Area River West Development Area H-2 H-3 H-4 Parcel List for the Downtown South Allocation Area H-5 Maps of the Downtown South Allocation Area H-6 I-1 EXHIBIT I PLAN SUPPLEMENT The Plan is further supplemented and amended to add the descriptions for the territory to be known as (i) the “Lafayette North Allocation Area” as described at Exhibit A, (ii) the “Lafayette South Allocation Area” as described at Exhibit B, (iii) the “Ignition Park Allocation Area” as described at Exhibit C, (iv) the “Downtown North Allocation Area” as described at Exhibit D, (v) the “Michigan Street Corridor Allocation Area” as described at Exhibit E, (vi) the “Studebaker Campus Allocation Area” as described at Exhibit F, (vii) the “Riverfront West Allocation Area” as described at Exhibit G, and (viii) the “Downtown South Allocation Area” as described at Exhibit H. Tax Increment Revenues from each of the Allocation Areas may be used to support all or any portion of the development, design, construction, equipping, and improving, as the case may be, of economic development projects that are located in or serve the respective Allocation Areas. The Commission anticipates capturing tax increment revenues from each of the Allocation Areas and applying such tax increment revenues to offset payments by developers on promissory notes in connection with economic development revenue bond financings undertaken by the unit, or to pay principal or interest on economic development revenue bonds issued by the unit to provide incentives to a developer, in furtherance of the economic development or redevelopment purposes of each of the Allocation Areas. Based on representations made to the Commission, the Commission has determined that the full development of each of the Allocation Areas with the improvements described above, will not proceed as planned without the contribution of tax increment revenues to be derived from each of the Allocation Areas to the projects described above. DMS49560081v2 SOUTH BEND PLAN COMMISSION Page 1 of 1 Staff Report – PC#0288-26 January 20, 2026 Requested Action AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE TO MAKE MISCELLANEOUS CHANGES FOR CLARIFICATION AND CONSISTENCY TO SIMPLIFY DEVELOPMENT PROCESS AND TO ACHIEVE HIGHER QUALITY DEVELOPMENT Project Summary Amend Chapter 21 of the South Bend Municipal Code to clarify, correct, or revise various sections to assist in development of a more vibrant and resilient community while improving the ease of use of the Zoning Ordinance. Analysis: Continuing to monitor and improve the Zoning Ordinance is vital to maintaining growth and development in a way that helps support economic growth and revitalizes neighborhoods. Since the last update to the zoning ordinance, various rules within it have been identified as overly restrictive, or as outdated and in need of modernization. For these reasons, staff recommends changing the ordinance to help streamline the development process and provide greater flexibility for developers; reduce the need for unnecessary variances from the code while not impacting the quality of development; and provide a number of updates that will bring the code up to date with current development trends. Additionally, there have been a number of typographical errors identified in the ordinance, as well as areas where further clarification is needed. Fixing these issues will improve understanding for users of the code. The ordinance version approved by the Common Council on January 12, 2026, differed from the version recommended by the Plan Commission at its December meeting. Some non- substantive clarifications were made to the ordinance. Because state law requires that the Plan Commission and Common Council adopt identical language, the ordinance has returned to the Plan Commission for its ratification. Recommendation: Based on the information available prior to the public hearing, the staff recommends the text amendment be approved as amended by Council. Analysis & Recommendation Zoning Ordinance Amendment #7 Last Updated 12/19/2025 General updates providing a clarification and/ or correction to an existing rule, such as a typographical, consistency, and cross reference revision are addressed in the following sections: 21-02.03(b)(3); 21-02.03(f)(1)(B - new); 21-05.02(f)(2)(D); 21-06.01(k)(7)(A)(iii); 21-06.01(l)(3)(A)(ii); 21-06.02(f)(12)(A)(i); 21-06.03(e); 21-06.03(j); 21-06.03(k); 21-07.03(d)(2); 21-07.04(e) 21-08.01(e)(8)(B); 21-08.01(g)(5); 21-08.02(h)(3); 21-08.02(i)(3); 21-09.01(l)(4)(c); 21-09.02(c)(4); 21-10.02(a)(10)(B); 21-10.02(a)(10)(C); 21-10.07(d)(1)(A); 21-12.07(f)(4)(A); 21-13.01(j)(2) Standard Ordinance Sections Item Proposed Change Rationale 21-06.02(b)(4) new EV Charging Station Update Exempts free libraries and EV charging stations from accessory structure rules Modernize rules to align with vehicle fueling options. 21-06.02(e)Maximum Number of Accessory Buildings Eliminates accessory building limits in commercial and industrial districts Allow for more functional land use and consistent with the character of non-residential districts. 21-06.02(e)(2)EV Charging Station Update Exempts free libraries and EV charging stations from accessory structure rules and moves from (e)(2) to (b)(4) Modernize rules to align with vehicle fueling options. 21-06.02(e)(3) new Accessory Buidlings Allow for Pergolas as long as criteria are met Avoids need for variances for this typical accessory type. 21-06.02(f)(24)(A)(v)Max height ground mounted solar energy system Increase max height ground mounted solar energy system from 12' to 18'Avoids need for variances for typical permit requests and to promote renewable energy. Also aligns with accessory standards. 21-06.02(f)(27)Trash Enclosure Rewrite of the trash and recycling encosure rules, adding allowable alternatives to enclosure requirements when not visible from street Provide clarity and allows for more cost-effective construction and administrative flexibility. 21-06.02(f)(4)(C)(i)Size of chicken coop 2 sq ft minimum floor area per chicken in a coop Creates consistency with Chapter 5, Animal Welfare regulations. 21-02.03(d)(2)(D)Building Stories and Rooftop Spaces Allow Zoning Administrator to waive stories standard for rooftop amenity spaces above 4 stories, conditions apply Allows for administrative flexibility and eliminates need for variance. 21-02.03(e)(1)Contextual Setback Allows Zoning Administrator to increase building frontage encroachment when a contextual setback is applied Allows for contextual placement of building frontages. 21-02.03(f)(2) new Building Width definition Add a Building Width definition, including a Zoning Admnistrator waiver for the max width of certain building types.Improves user understanding by more clearly stating existing rules for building standards. 21-03.01(h)Façade transparency in S1 Adds façade transparency in S1 - 10% front, 5% corner 21-03.02(h)Façade transparency in S2 Adds façade transparency in S2 - 10% front-ground, 5% corner-ground, 15% front & corner- upper 21-08.01(c)(2)Building Entrance - Industrial Allow Zoning Administrator to waive front entrance requirement for I Industrial Allows for flexibility in building design. 21-08.01(e)(3)Façade Materials Allow CMUs that look like brick or stone Improves user understanding by providing a clarification and/ or correction to an existing rule. Also, allows for more flexibility in use of currently available design materials. 21-02.03(f)(1)(C)Transparency - Half Story Zoning Administrator can reduce the required transparency by 50% for certain top floor designs consistent with the architectural style Allows for administrative flexibility with regards to some common architectural styles. 21-03.01(g)Allow rear balcony encroachment of 5' in S1 21-03.02(g)Allow rear balcony encroachment of 5' in S2 21-03.03(g)Allow rear balcony encroachment of 5' in U1 21-03.04(g)Allow rear balcony encroachment of 5' in U2 21-03.05(g)Allow rear balcony encroachment of 3' in U3 21-03.06(g)Allow rear balcony encroachment of 3' in UF 21-04.04(f)Building Entrance - Industrial Allow Zoning Administrator to waive front entrance requirement for some uses in I Industrial Allows for flexibility in industrial building design. 21-04.04(g)Building Materials - Industrial Allow CMUs that look like brick or stone Creates more flexibility for industrial building design while maintaining quality. 21-08.02(e)(3)Building Height - Detached Home Allow detached homes in S2, U3, and UF to 3 stories 21-08.02(f)(3)Building Height - Cottage Court Allow cottage courts to 2 stories in S2, UF, U3 Districts Building Height - Duplex Allow duplexes in S2, U3, and UF to 3 stories Building Width - Duplex Allows duplexes up to 60' in S1 & S2 Supports ease of duplex development on larger suburban lots. Building Height - Stacked Flats Removes minimum height for stacked flats Removes an unneccssary restriction on building design. Building Width - Stacked Flats Increases S2 and DT Stacked Flats building width from 120' to 250', and all other districts to 150'Allow for flexibility in building design for elevator buildings and larger suburban lots. Building Width - Shop Reduces façade minimum height from 16' to 12' in UF Aligns better with the size of Downtown lots. Building Type - Shop Allows for district appropriate façade heights. 21-08.03(d)(2)Building Frontage Clarifies how a stoop is connected and elevated to the sidewalk in relation to the parcel States rule more explicitly to meet ordinance intent. Allows for increased detached home heights consistent with district building standards. Creates more appealing residential building designs Balcony Encroachment Removes an unneccssary restriction on building design. 21-08.02(g)(3)Building Standards21-08.02(j)(3) 21-08.02(k)(3)Accessory StandardsBuilding Design & Measurements 21-03.03(d)U1 Lot Width 20' min. Footnote - *Lot Width minimum may be 20' for attached dwellings Supports ease of development of for-sale duplexes in urban districts. 21-03.06(f)UF Max. Square Footage Increase total retail and service use area to 5000 sf Creates more flexibility for non-residential development in UF. Eases reuse of existing neighborhood business buildings. 21-03.08(d)DT Minimum Lot Width Reduces DT minimum lot width to 15'Supports ease of development, especially for townhouses, in urban districts. 21-03.01(j)(footnote 1) 21-03.02(j)(footnote 1) 21-03.03(j)(footnote 1) 21-03.04(j)(footnote 1) 21-03.05(j)(footnote 1) 21-03.06(j)(footnote 1) 21-03.07(j)(footnote 1) 21-03.08(j)(footnote 1) 21-04.01(j)(footnote 1) 21-04.02(j)(footnote 1) 21-04.03(j)(footnote 1) 21-04.04(j)(footnote 1) 21-09.01(d)(table 21-09A)Revises tree sizes - 1.75" caliper new shade tree. 1.5" caliper new ornamental tree 21-09.01(g) new Ground Cover Adds ground cover requirement and prohibits use of artificial turf in areas seen from the street, including front/corner yard and tree lawn 21-09.01(k)(4) new Alternate Landscape Plan Allow for use of artificial turf with Zoning Administrator approval 21-09.02(c)(5)Permits Zoning Administrator to allow 6' max fence height for schools and daycare centers Improves public safety for vulnerable populations. 21-09.05(a)(1)Apply Clear Sight Area to tall fences at intersection of alleys Supports increased public safety. 21-07.03(d)(4)Minimum Lot Width for Curb Cut Creates a 30' minimum lot width to get a curb cut (15' under a shared driveway condition)Ensures that the city does not have garage dominated streetscapes and to minimize the need for curb cuts. 21-07.03(e)(1)Parking Space Widths Allows Zoning Administrator to reduce parking dimensions up to one foot Allows for design flexibility on smaller urban parcels. 21-03.07(c) Principal Uses 21-03.08(c) Principal Uses 21-06.01(k)(11)Change section heading to Gas/Fuel Station 21-06.01(k)(11)(A)Add EV charging stations to fuel station standards 21-06.01(k)(21)(A)(iii)Minimum Lot Size for Auto Sales Add 120'x180' minimum lot size for Auto Sales Ensure adequate space for required site development standards. 21-06.01(k)(22)(A)(ii)Outdoor vehicle storage Reduces allowed storage time from 30 days to 14 days for unregistered or salvaged vehicles for districts other than I Enhances urban aesthetics and property values, but also addresses potential public safety issues. 21-06.01(k)(7)(A)(vii)Drive-Through Facility Delete requirement for one waiting space after pick-up window Unneccessary rule since parking is allowed in front. 21-06.01(k) Diagram Captions EV Charging Station Update Change gas station diagram captions to "Gas/Fuel station..."Modernize rules to align with vehicle fueling options. 21-06.02(f)(12)(A)(iii)Home Occupation Adds a operating hours restriction from 7am to 9pm Restricts the operating hours of home-based businesses to minimize disturbance to neighbors. 21-06.02(f)(12)(A)(vi)Home Occupation Adds clarification that the entrance cannot face the street Makes a reasonable accommodation of home-based businesses. 21-09.01(n)(2)(table 21-09B)EV Charging Station Update Change use name to Gas/Fuel Station Modernize rules to align with vehicle fueling options.Parking/ AccessPrincipal UsesRevises existing tree caliper from 2" to 1.75" Creates consistency with revised tree ordinance Chapter 19. Fence Height Clarifies that natural materials should be used for ground cover while allowing for administrative flexibility with regards to use of artificial turf. Trees Modernize home-based business rules to align with current economy. Update and reformat examples of prohibited and permitted home occupations and align specific uses to use types listed in the Principle Uses table 21-06A Modernize home-based business rules to align with current economy. Modernize rules to align with vehicle fueling options.EV Charging Station Update Change use name to Gas/Fuel Station Home Occupation Home Occupation Update and reformat examples of prohibited and permitted home occupations and align specific uses to use types listed in the Principle Uses table 21-06A21-06.02(f)(12)(B) 21-06.02(f)(12)(C)Landscape or FenceDistrict Standards 21-10.01(TABLE 21-10A)Temporary Signs for a Non-Residential Use Increase max size for Temporary Signs for a Non-Residential Use size from 24 square feet to 32 square feet Allows for common sign size. 21-10.02(a)(13)Open Signs Permit open signs to be illuminated Current code bans illuminated open signs. 21-10.04(b)Sign Height Sign height is measured from natural grade Creates consistency with other similar rules. 21-10.05(d)(5)(A)Allows roof signs in I Creates consistency with other similar districts. 21-10.05(d)(7)(C)Delete second-floor sign rule Eliminate need for variances and allows for flexibility in sign placement. 21-03.08(c) Principal Uses table New Special Exception - Beer/Wine/Liquor Sales & Tobacco/Hookah/Vaping Add Special Exception for Beer/Wine/Liquor Sales in DT district; Add Special Exception for Tobacco/Hookah/Vaping in DT district Allows further review of uses, including limiting proximity to sensitive areas like schools and homes. 21-04.03(b) Principal Uses table Allows further review of uses, including limiting proximity to sensitive areas like schools and homes. 21-04.04(b) Principal Uses table Allows further review of uses, including limiting proximity to sensitive areas like schools and homes. 21-06.01(Table 21-06A)New Special Exceptions - Gas, Liquor, Tobacco uses Add Special Exception for Beer/Wine/Liquor Sales in DT, C, & I districts; Add Special Exception for Tobacco/Hookah/Vaping in DT, C, & I districts; Add Special Exception for Gas Stations in C & I districts and change use name to Gas/Fuel Station; Remove Special Exception requirement for new construction U1 Duplex Allows further review of uses, including limiting proximity to sensitive areas like schools and homes. Add Special Exception for Gas Stations in C & I districts and change use name to Gas/Fuel Station; Add Special Exception for Beer/Wine/Liquor Sales in C & I districts On Premise Signs New Special Exception - Gas Stations Special ExceptionSigns SUBSTITUTE BILL NO. _____ ORDINANCE NO. ___________ AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE TO MAKE MISCELLANEOUS CHANGES FOR CLARIFICATION AND CONSISTENCY TO SIMPLIFY DEVELOPMENT PROCESS AND TO ACHIEVE HIGHER QUALITY DEVELOPMENT STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, adopted a new zoning ordinance for the City of South Bend that went into effect on January 1, 2020. Since its adoption in November 2019, use of the Ordinance has identified a few standards that need further clarification, correction, or revision. Changes to these standards will support a more vibrant, resilient community while improving the ease of use of the zoning ordinance. NOW, THEREFORE, be it ordained by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Chapter 21, Zoning, of the South Bend Municipal Code, Article 2 Definitions & Measurements, Section 21-02.03 Measurements, subsection (b) Building Placement is hereby amended as follows: (3)Building Setbacks. A setback distance is measured perpendicularly from the lot line to the closest exterior wall of a building's facade, exclusive of buildingfrontage type (e.g., porch, stoop). A setback is measured from the greater of anactual or proposed street right-of-way. SECTION II. Chapter 21, Zoning, of the South Bend Municipal Code, Article 2 Definitions & Measurements, Section 21-02.03 Measurements, subsection (d) Building Form is hereby amended as follows: (2)Building Height (Stories). (D)A single one-story shared amenity space per building shall not count as a story toward the maximum number if it meets the following criteria: i.Is open only to building occupants and their guests; ii.Has a gross floor area of no more than 25% of the gross floor area of the floor below; iii. Is set back where it is not visible from the street; and iv. Has no significant impact, as determined by the Zoning Administrator, on surrounding residential uses in a S1, U1, or U2 district. SECTION III. Chapter 21, Zoning, of the South Bend Municipal Code, Article 2 Definitions & Measurements, Section 21-02.03 Measurements, subsection (e) Building Components is hereby amended as follows: (1) When a building component is allowed to be built into a minimum required setback, it is called an encroachment and shall meet all regulations for building components per Section 21-08.01. Where a contextual setback is applied, the Zoning Administrator may allow additional building frontage type encroachment. SECTION IV. Chapter 21, Zoning, of the South Bend Municipal Code, Article 2 Definitions & Measurements, Section 21-02.03 Measurements, subsection (f) Building Standards is hereby amended as follows: (1) Facade Transparency. (B) Façade transparency percentages are calculated independently for each floor on each facade. (B)(C) (C)(D) Upper floor transparency is calculated based on the total façade area located between the surface of any floor to the surface of the floor above it or, if there is no floor above, from the surface of the floor to the surface of the roof. The Zoning Administrator may reduce the required transparency on the top floor of a building by up to 50% for designs consistent with the building’s architectural style. (2) Building Width. Width is measured as the horizontal length of a building façade measured parallel to a primary or secondary street. Building widths are applied only to facades visible from a street. (A) For the Stacked Flats, Shop, and Mid-Rise/Tower building types: (i) Elevated hallway connections between structures that are set back at least 20 feet from the front or corner facade shall not count toward continuity of building width. (ii) The Zoning Administrator may permit an increase in the maximum building width of up to 25% to fill out the lot frontage when it is contextually appropriate and the building design meets the intent of the ordinance. SECTION V. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Standard Districts, Section 21-03.01 S1 Suburban Neighborhood 1, subsection (g) Building Components; Section 21-03.02 S2 Suburban Neighborhood 2, subsection (g) Building Components; Section 21-03.03 U1 Urban Neighborhood 1, subsection (g) Building Components; Section 21-03.04 U2 Urban Neighborhood 2, subsection (g) Building Components are hereby amended as follows: Allowed Encroachments (max.) Rear Balcony Not Allowed 5’ SECTION VI. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Standard Districts, Section 21-03.01 S1 Suburban Neighborhood 1, subsection (h) Building Standards is hereby amended as follows: Façade Transparency (min.) Ground Floor - Front Facade 10% Ground Floor - Corner Facade 5% Upper Floor - Front Facade 10% Upper Floor - Corner Facade 5% SECTION VII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Standard Districts, Section 21-03.01 S1 Suburban Neighborhood 1, subsection (j) Landscape; Section 21-03.02 S2 Suburban Neighborhood 2, subsection (j) Landscape; Section 21-03.03 U1 Urban Neighborhood 1, subsection (j) Landscape; Section 21-03.04 U2 Urban Neighborhood 2, subsection (j) Landscape; Section 21-03.05 U3 Urban Neighborhood 3, subsection (j) Landscape; Section 21-03.06 UF Urban Neighborhood Flex, subsection (j) Landscape; Section 21-03.07 NC Neighborhood Center, subsection (j) Landscape; Section 21-03.08 DT Downtown, subsection (j) Landscape are hereby amended as follows: 1 An existing tree of at least 2” 1.75” may fulfill this requirement. SECTION VIII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Standard Districts, Section 21-03.02 S2 Suburban Neighborhood 2, subsection (h) Building Standards is hereby amended as follows: Façade Transparency (min.) Ground Floor - Front Facade 10% Ground Floor - Corner Facade 5% Upper Floor - Front & Corner Facade 15% SECTION IX. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Standard Districts, Section 21-03.03 U1 Urban Neighborhood 1, subsection (d) Building Placement is hereby amended as follows: Lot Width 1 30’ min. Building Setbacks Front1 2 Side2 3 1 Lot width may be reduced to 20’ for attached dwellings. 1 2 2 3 SECTION X. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Standard Districts, Section 21-03.05 U3 Urban Neighborhood 3, subsection (g) Building Components; Section 21-03.06 UF Urban Neighborhood Flex, subsection (g) Building Components are hereby amended as follows: Allowed Encroachments (max.) Rear Balcony Not allowed 3’ SECTION XI. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Standard Districts, Section 21-03.06 UF Urban Neighborhood Flex, subsection (f) Building Form is hereby amended as follows: Building Design Total Non-Residential or Non-Civic Use (max.) 5,000 square feet Total Retail & Service Use (max.) 2,500 square feet SECTION XII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Standard Districts, Section 21-03.07 NC Neighborhood Center, subsection (c) Principal Uses is hereby amended as follows: Gas/Fuel Station SECTION XIII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Standard Districts, Section 21-03.08 DT Downtown, subsection (c) Principal Uses is hereby amended as follows: Gas/Fuel Station Beer/Wine/Liquor Sales Allowed Special Exception Tobacco/Hookah/Vaping Allowed Special Exception SECTION XIV. Chapter 21, Zoning, of the South Bend Municipal Code, Article 3 Standard Districts, Section 21-03.08 DT Downtown, subsection (d) Building Placement is hereby amended as follows: Lot Size Lot Width 20’ 15’ min SECTION XV. Chapter 21, Zoning, of the South Bend Municipal Code, Article 4 Special Districts, Section 21-04.01 OS Open Space, subsection (i) Landscape; Section 21-04.02 U University, subsection (i) Landscape; Section 21-04.03 C Commercial, subsection (i) Landscape; Section 21-04.04 I Industrial, subsection (i) Landscape are hereby amended as follows: 1 An existing tree of at least 2” 1.75” may fulfill this requirement. SECTION XVI. Chapter 21, Zoning, of the South Bend Municipal Code, Article 4 Special Districts, Section 21-04.03 C Commercial, subsection (b) Principal Uses; Section 21-04.04 I Industrial, subsection (b) Principal Uses is hereby amended as follows: Gas/Fuel Station Allowed Special Exception Beer/Wine/Liquor Sales Allowed Special Exception Tobacco/Hookah/Vaping Allowed Special Exception SECTION XVII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 4 Special Districts, Section 21-04.04 I Industrial, subsection (f) Building Components is hereby amended as follows: Main entrances shall be prominently located and visible from the primary street or open space.; the Zoning Administrator may waive this requirement for any Agricultural; Industrial, Manufacturing, & Processing; Transportation; or Utilities use if not needed to meet the intent of this ordinance. SECTION XVIII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 4 Special Districts, Section 21-04.04 I Industrial, subsection (g) Building Standards is hereby amended as follows: Standard, fluted, or split face concrete masonry units (CMUs) above the basement level are prohibited as face material. Glazed or heavily polished CMUs or CMUs that look like brick or stone are allowed. SECTION XIX. Chapter 21, Zoning, of the South Bend Municipal Code, Article 4 Special Districts, Section 21-05.02 NNZO Northeast Neighborhood Zoning Overlay, subsection (f) Building Standards is hereby amended as follows: (2) Building Materials (D) Security devices such as solid metal security gates, metal roll-down windows, coiling shutters, and link/grill systems shall not be installed on front or corner facades, except where such devices are at least 50 percent transparency and located wholly behind a window or door, when viewed from the street or open space. (E)(D) (F)(E) (G)(F) (H)(G) SECTION XX. Chapter 21, Zoning, of the South Bend Municipal Code, Article 6 Uses, Section 21-06.01 Principal Uses, Table 21-06A: Principal Uses by Zoning District is hereby amended as follows: Retail & Service DT Beer/Wine/Liquor Sales Allowed Special Exception Tobacco/Hookah/Vaping Allowed Special Exception Retail & Service C, I Beer/Wine/Liquor Sales Allowed Special Exception Gas/Fuel Station Allowed Special Exception Tobacco/Hookah/Vaping Allowed Special Exception SECTION XXI. Chapter 21, Zoning, of the South Bend Municipal Code, Article 6 Uses, Section 21-06.01 Principal Uses, subsection (k) Retail & Services is hereby amended as follows: (7) Drive-Through Facility (A) Standards: (iii) A drive-through facility shall not cause any interference to a public right-of-way or conflict with safe movement along sidewalks or walkways, to building entrances or exits, or to required parking spaces. (vii) A drive-through facility shall provide sufficient room for at least one waiting space after exiting the last pick-up or service facility. (viii)(vii) (ix)(viii) (x)(ix) (11) Gas/Fuel Station (A) Standards: (i) Gasoline Fuel dispensers and pump island canopies shall not be located within any minimum required setback. In a NC or DT district, gasoline fuel dispensers and pump island canopies shall not be located in an established front or corner yard. (ii) Gas/fuel stations shall not cause any interference to a public right-of-way or conflict with safe movement along sidewalks or walkways, to building entrances or exits, or to required parking spaces. (iii) The site design of any gas/fuel station shall provide for the safe and efficient ingress and egress to the site for fuel delivery vehicles and an area for such fuel delivery vehicles to park while unloading which does not interfere with or impede ingress or egress to or from any public street, required parking spaces, or any gasoline fuel sales area. (vi) A gas/fuel station canopy shall be consistent in design and materials with the primary building, shall be neutral colored, and shall have masonry support columns. (21) Vehicle Sales or Rental (A) Standards: (iii) A vehicle sales or rental use shall have a minimum lot size of 120’ by 180’. (iii)(iv) (iv)(v) (v)(vi) (vi)(vii) (vii)(viii) (viii)(ix) (ix)(x) (22) Vehicle Service, Major (A) Standards: (ii) No partially dismantled, wrecked, or unregistered vehicle shall be stored outdoors for more than 14 30 days, except in an I district, where the maximum time shall be 30 days. SECTION XXII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 6 Uses, Section 21-06.01 Principal Uses, subsection (k) Retail & Services, Gas Station diagrams are hereby amended as follows: Gas/fuel station layout for an urban location Gas/fuel station layout for a suburban location SECTION XXIII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 6 Uses, Section 21-06.01 Principal Uses, subsection (l) Transportation is hereby amended as follows: (4) Parking Lot (A) Standards: (ii) See Section 21-07.03(h)(g) for parking structure regulations. SECTION XXIV. Chapter 21, Zoning, of the South Bend Municipal Code, Article 6 Uses, Section 21-06.02 Accessory Uses and Structures, subsection (b) Applicability is hereby amended as follows: (4) Any structure that is less than 4 square feet in area and 9 feet in height, including, but not limited to, little free libraries and electric vehicle charging stations, shall not be considered an accessory structure. SECTION XXV. Chapter 21, Zoning, of the South Bend Municipal Code, Article 6 Uses, Section 21-06.02 Accessory Uses and Structures, subsection (e) Maximum Number of Accessory Buildings is hereby amended as follows: A lot in a S1, S2, U1, U2, U3, or UF district shall not have more than one detached accessory building; however, the following structures shall not count for the purposes of this calculation. (2) Any structure that is less than 4 square feet in area and 6 feet in height. (3)(2) (3) A pergola of 200 square feet or less that is no taller than the eave of the primary structure or 18’, whichever is less. SECTION XXVI. Chapter 21, Zoning, of the South Bend Municipal Code, Article 6 Uses, Section 21-06.02 Accessory Uses and Structures, subsection (f) Accessory Use Definitions and Standards is hereby amended as follows: (4) Chickens, Chicken Coops, and Chicken Pens (C) Construction (i) The chicken coop shall be enclosed with solid material on all sides and have a solid roof and door(s). The coop shall be at least 18 inches high, and provide at least 1 2 square foot of floor area per chicken. Traditional building materials shall be used. Doors shall be constructed so that they can shut and lock. Vents, covered with wire, will be placed as necessary for adequate ventilation. The coop shall be impermeable to rodents, wild birds, and predators, including dogs and cats. (12) Home Occupations (A) Standards (i) The home occupation shall be located within a fully enclosed building owned or occupied by the resident of the site.. (iii) No more than one client may be served or instructed at a time. Clients may not be served or instructed before 7:00 a.m. or after 9:00 p.m. (vi) There shall be no additional or separate entrance to the primary dwelling facing the street for the purpose of conducting the home occupation. (B) Prohibited Home Occupations. The following uses, by the nature of the investment or operation, have a pronounced tendency, once started, to rapidly increase beyond the limits specified above for home occupations and impair the use, value and quiet enjoyment of adjacent residential properties. Therefore, the following uses specified below and other similar or comparable uses shall not be permitted as home occupations: Bar/Tavern/Restaurant; Beer/Wine/Liquor Sales; Industrial (any); Medical/Dental Clinic; Tobacco/Hookah/Vaping; Transportation (any); Vehicle Service (any); and Veterinary Clinic, Kennel, or Stable. (i) Antique, Book or Gift Shop (ii) Appliance Repair, large or small (iii) Barber Shop / Beauty Shop (iv) Bicycle Repair or Service (v) Dance, Yoga, or Exercise Studio (vi) Dental Office or Clinic (vii) Freight, Trucking or Shipping (viii) Lawn Mower Repair or Service (ix) Medical Office or Clinic (x) Painting of Vehicles, Trailers, Boats, etc. (xi) Photography Studio (xii) Private Schools with Organized Classes (xiii) Restaurants, Eating, or Drinking Establishments (xiv) Upholstering (xv) Television or Radio Repair (xvi) Tool or Equipment Rental (xvii) Tooling, Welding, or Machine Shop (xviii) Vehicle Repairs, major or minor (xix) Veterinary Clinic, Kennel, or Stable (C) Permitted Home Occupations. By way of example, the following uses, when conducted in compliance with the conditions set forth above, qualify as permitted home occupations: Animal Care Establishment (Pet Grooming); Childcare Home as defined by IC 12-7-2-28.6; Food Preparation as defined in IC 16-42-5.3; Personal Care & Services, including Barber/Beauty Shop; Professional Offices; and Teaching/Tutoring (including musical instruments, dance, yoga). (i) Artist’s, Musician’s, or Writer’s Studio (ii) Cake Making or Decorating (not a catering or commercial bakery facility) (iii) Childcare Home as defined by IC 12-7-2-28.6 (iv) Data Processing, Word Processing, or Transcription Services (v) Dressmaking, Millinery, Sewing, or Tailoring (vi) Home School, including Cottage Schools (vii) Personal Office (viii) Teaching or Tutoring, including musical instruments or dance, when limited to one pupil at a time (ix) Internet Sales, exclusively online (24) Solar Energy System (A) Standards: (v) Ground-mounted solar energy systems are limited to a maximum height of 12 18 feet. Power transmission lines from a ground mounted solar energy system to any structure shall be located underground, if possible, and shall be completely shielded against shock hazard. SECTION XXVII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 6 Uses, Section 21-06.02 Accessory Uses and Structures, subsection (f) Accessory Use Definitions and Standards, (27) Trash Containers is hereby deleted and replaced as follows: (27) Trash and Recycling Containers Designated outdoor storage areas and equipment used to collect refuse and recyclables. (A) Standards (i) Any trash or recycling container or combination of containers exceeding 36 cubic feet in capacity shall be placed on an impervious surface and screened on all sides by a building or a solid-walled enclosure not less than 6 feet in height nor more than 10 feet in height above grade and equipped with an opaque screen gate. (ii) The solid-walled portion of the enclosure shall be similar in design and materials to those of the building façade and shall be built to grade. Fences shall not be considered as a solid wall, and chain link fences with slats shall not be used as gate material. (iii) Gates or doors of the enclosure shall be kept completely closed except when refuse is being added or removed. (iv) Building foundation landscape, designed per Section 21-09.01(m), shall be installed along any sides of the enclosure not screened by a building. (v) The Zoning Administrator, upon request by an applicant, shall have the authority to approve an alternate design subject to the provisions below, as long as the intent of the ordinance is met. a. Enclosure, material, and landscaping requirements may be reduced or waived if the enclosure is adjacent to and accessed from an alley and is not visible from a street. b. An opaque fence may be used in place of a solid wall if the enclosure is located in an established rear yard or in a side yard not visible from a street and is designed so that refuse cannot leak or blow under it. c. Landscaping may be reduced or waived if the enclosure is located in an established rear yard or in a side yard not visible from a street. SECTION XXVIII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 6 Uses, Section 21-06.03 Temporary Uses and Structures, subsection (e) Duration is hereby amended as follows: Except as specifically provided otherwise in this section , a temporary use, building or structure shall be permitted for a period not to exceed one year. Except as specifically provided otherwise in this section, the improvement location permit, if required, may be renewed one or more times by the Zoning Administrator, for good cause shown, for an additional period(s) not to exceed a total of three years beyond the original expiration date. SECTION XXIX. Chapter 21, Zoning, of the South Bend Municipal Code, Article 6 Uses, Section 21-06.03 Temporary Uses and Structures, subsection (j) Regulations for Mobile Classrooms is hereby amended as follows: (1) Mobile classrooms shall be for use within the following Civic & Institutional Use types: by a religious institution, school, or cCollege / uUniversity; Religious Institutions; and School, Pre-K/Primary/Secondary; or and SECTION XXX. Chapter 21, Zoning, of the South Bend Municipal Code, Article 6 Uses, Section 21-06.03 Temporary Uses and Structures, subsection (k) Regulations for Temporary Seasonal Retail Sales is hereby amended as follows: (2) In districts where off-street parking is required, a minimum of 3 off-street parking spaces shall be provided on-site for the temporary seasonal retail sales use; (3)(2) (4)(3) (5)(4) SECTION XXXI. Chapter 21, Zoning, of the South Bend Municipal Code, Article 7 Access & Parking, Section 21-07.03 Vehicle Access & Parking, subsection (d) Off-Street Vehicle Parking Area Access is hereby amended as follows: (2) Whenever practical, if an alley is present and open to traffic, all vehicular access should shall take place from the alley. When an alley is not present, access to corner lots from a secondary street is preferable to access from a primary street. (4) Curb cuts shall not be allowed on lots of less than 30’ in width. Under a shared driveway condition, this minimum may be reduced to 15’ if the lots sharing the driveway are at least 30’ in width combined. (4)(5) (5)(6) (6)(7) SECTION XXXII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 7 Access & Parking, Section 21-07.03 Vehicle Access & Parking, subsection (e) Design and Construction of Off-Street Vehicle Parking Areas is hereby amended as follows: (1) Parking Area Layout. The layout of all off-street parking areas shall be in compliance with Table 21- 07B or the most recent version in the Architectural Graphic Standards for a Level of Service “A” or “B.” An alley adjacent to the lot may be used to meet the requirement for drive aisle width. The Zoning Administrator may reduce any measurement within Table 21-07B by up to 1 foot on space-constrained lots. SECTION XXXIII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 7 Access & Parking, Section 21-07.04 Off-Street Loading, subsection (e) Use of Loading Area is hereby deleted in its entirety. SECTION XXXIIII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 8 Building Standards, Section 21-08.01 Building Standards, subsection (c) Building Design is hereby amended as follows: (2) Primary facades shall be oriented to a front lot line. Building designs that orient main entrances so that they are not visible from the primary street are prohibited. Any entrance on a side facade shall be visible from the street or clearly identified using architectural features, awnings/canopies, or lighting. The Zoning Administrator may waive this requirement for buildings oriented to a common open space or for Agricultural; Industrial, Manufacturing, & Processing; Transportation; and Utilities uses in an I district. SECTION XXXV. Chapter 21, Zoning, of the South Bend Municipal Code, Article 8 Building Standards, Section 21-08.01 Building Standards, subsection (e) Building Materials for New Construction – Front and Corner Facades is hereby amended as follows: (3) Standard, fluted, or split face concrete masonry units (CMUs) above the basement level are prohibited as face material. Glazed or heavily polished CMUs or CMUs that look like brick or stone are allowed. (7) Security devices such as solid metal security gates, metal roll-down windows, coiling shutters, and link/grill systems shall not be installed on front or corner facades or facing open space, except where such devices are at least 50 percent transparent and located wholly behind a window or door. (7)(8) (8)(9) In a NC or DT district, the following additional regulations apply. (A) Vinyl siding is prohibited. (B) Security devices such as coiling shutters and accordion gates are prohibited on front or corner side facades, except where such devices are at least 50 percent transparent and located wholly behind a window or door, when viewed from the public right-of-way or open space. (C)(B) Vents, air conditioners, and other utility elements, except where such elements are enclosed, camouflaged, screened, obscured, or otherwise not visible from the street, are prohibited as part of a front or corner facade. (9)(10) (10)(11) SECTION XXXVI. Chapter 21, Zoning, of the South Bend Municipal Code, Article 8 Building Standards, Section 21-08.01 Building Standards, subsection (g) Building Components is hereby amended as follows: (5) Building Entrance. A point of ingress and egress for pedestrians into a building, upper story use, or first floor tenant space. SECTION XXXVII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 8 Building Standards, Section 21-08.02 Building Types, subsection (e) Detached House is hereby amended as follows: (3) Building Type Standards Building Dimensions Building Height S2, U3, UF districts 3 stories max. All other districts 2.5 stories max. SECTION XXXVIII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 8 Building Standards, Section 21-08.02 Building Types, subsection (f) Cottage Court is hereby amended as follows: (3) Building Type Standards Building Dimensions Building Height U2 district 1.5 storyies max. All other districts 2 stories max. SECTION XXXIX. Chapter 21, Zoning, of the South Bend Municipal Code, Article 8 Building Standards, Section 21-08.02 Building Types, subsection (g) Duplex is hereby amended as follows: (3) Building Type Standards Building Dimensions Building Height S1, U1, U2 districts 2.5 storyies max. All other districts 3 stories max. Building Width S1, S2 districts 60’ max. All other districts 48’ max. SECTION XL. Chapter 21, Zoning, of the South Bend Municipal Code, Article 8 Building Standards, Section 21-08.02 Building Types, subsection (h) Townhouse is hereby amended as follows: (3) Building Type Standards Building Dimensions Building Height 3 storyies max. SECTION XLI. Chapter 21, Zoning, of the South Bend Municipal Code, Article 8 Building Standards, Section 21-08.02 Building Types, subsection (i) Apartment House is hereby amended as follows: (3) Building Type Standards Building Dimensions Building Height 3 storyies max. SECTION XLII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 8 Building Standards, Section 21-08.02 Building Types, subsection (j) Stacked Flats is hereby amended as follows: (3) Building Type Standards Building Dimensions Building Height (stories) 2 min. / 5 stories max. Building Width S2, DT districts 200’ 250’ max. All other districts 120’ 150’ max. SECTION XLIII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 8 Building Standards, Section 21-08.02 Building Types, subsection (k) Shop is hereby amended as follows: (3) Building Type Standards Building Dimensions Façade Height UF district 12’ min. All other districts 16’ min. Building Width DT district 250’ max All other districts 150’ max SECTION XLIV. Chapter 21, Zoning, of the South Bend Municipal Code, Article 8 Building Standards, Section 21-08.03 Building Frontage Types, subsection (d) Stoop is hereby amended as follows: (2) Frontage Standards Standards A stoop shall be at least 18” above the sidewalk and shall directly connect to the sidewalk, walkway, or driveway. A stoop shall have a railing or wall, a covering, or be at least 18” above the adjacent walkway or driveway. A stoop shall be at least 18” above the elevation of the city sidewalk achieved by building an elevated stoop and/or building on an elevated lot. A stoop shall connect to the city sidewalk directly or via a walkway or driveway. A stoop shall have a railing, a wall, a covering, or be elevated at least 18” above an adjoining driveway or walkway. SECTION XLV. Chapter 21, Zoning, of the South Bend Municipal Code, Article 9 Site Development, Section 21-09.01 Landscape, subsection (d) Minimum Plant Material Sizes at Time of Planting is hereby amended as follows: Table 21-09A: Minimum Size at Time of Planting Plant Category Minimum Size Deciduous Shade Tree 2 ½” 1.75” caliper at 6” above ground Deciduous Ornamental Tree 1 ½” 1.5” caliper at 6” above ground SECTION XLVI. Chapter 21, Zoning, of the South Bend Municipal Code, Article 9 Site Development, Section 21-09.01 Landscape, is hereby amended as follows: (g) Ground Cover In a front yard, corner yard, or tree lawn, ground cover shall include, but is not limited to, grasses; natural vegetated ground covers; preserved existing natural vegetation (e.g., thickets); or mulch. Artificial turf or similar synthetic material shall not be used. (g)(h) (h)(i) (i)(j) (j)(k) (k)(l) (4) The use of artificial turf for game courts or athletic fields if other alternatives are not feasible. Any approval to allow artificial turf must be noted in the landscape plan. (l)(m) (m)(n) (n)(o) (o)(p) SECTION XLVII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 9 Site Development, Section 21-09.01 Landscape, subsection (l) Streetscape Trees is hereby amended as follows: (4) General Requirements (C) Streetscape trees shall consist of native, deciduous shade trees and be selected from the recommended list of tree species for South Bend. and Trees must be approved granted a permit by the City Forester. SECTION XLVIII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 9 Site Development, Section 21-09.01 Landscape, subsection (n) Landscape Buffer is hereby amended as follows: (2) Applicability Table 21-09B: Buffers Required by Use Uses Standards Gas/Fuel Station 21-06.01(k)(11) SECTION XLIX . Chapter 21, Zoning, of the South Bend Municipal Code, Article 9 Site Development, Section 21-09.02 Fences & Walls, subsection (c) Height is hereby amended as follows: (4) An open fence more than 50% open enclosing a game court as defined by Section 21-06.02(f)(9) may be erected to a maximum of 12 feet in height, irrespective of the above standards. (5) A fence more than 50% open providing safety at School, Pre- K/Primary/Secondary and Day Care Center uses may be erected to a maximum of 6 feet in height, irrespective of the above standards, to the extent determined by the Zoning Administrator. SECTION L . Chapter 21, Zoning, of the South Bend Municipal Code, Article 9 Site Development, Section 21-09.05 Clear Sight Area, subsection (a) Clear Sight Area Requirements is hereby amended as follows: (1) Except in a NC or DT district, no building, structure, or improvement, including landscape, shall be erected, placed, planted, or maintained so as to interfere with a clear sight area located between the heights of 3 feet and 10 feet above the crown of a street, driveway, or alley. A clear sight area shall be established for all streets and alleys, whether public or private. SECTION LI. Chapter 21, Zoning, of the South Bend Municipal Code, Article 10 Signs, Section 21-10.01 General Provisions, Table 21-10A Allowed Temporary Signs is hereby amended as follows: Temporary Signs for a Non-Residential Use Total Sign Surface Area S1, S2, U1, U2, or U3 district 24 32 square feet max. total for all signs per street frontage SECTION LII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 10 Signs, Section 21-10.02 Exempt Signs, subsection (a) Exempt Signs is hereby amended as follows: (10) Parking Lot Directional and Information Sign (B) S1, S2, U1, U2, U3, UF, and NC Districts – signs shall not exceed 4 square feet in surface area, or nor shall they exceed 4 feet in height; (C) DT, OS, U and C Districts – signs shall not exceed 6 square feet in surface area, or nor shall they exceed 4 feet in height; (13) Window Sign. One window sign per non-residential use provided it does not exceed 4 square feet and is non-illuminated. SECTION LIII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 10 Signs, Section 21-10.04 Sign Measurement, subsection (b) Sign Height is hereby amended as follows: Sign height is measured as the vertical distance from the street grade at average natural ground level within 2 feet of the base of the sign or sign structure, to the highest point of the sign or sign structure. SECTION LIV. Chapter 21, Zoning, of the South Bend Municipal Code, Article 9 Signs, Section 21-10.05 On-Premise Signs, subsection (d) On-Premise Signs: Building Signs is hereby amended as follows: (5) Roof Signs (A) Roof signs are only permitted in the NC, or DT, or I districts and shall only be installed on a building with a flat roof. (7) Wall Signs (C) No wall sign may extend above the window sills of the second story, unless the establishment extends to the second story or above. No portion of a wall sign may extend above the roofline or parapet wall of a building with a flat roof or above the lower eave of a building with a pitched roof. SECTION LV. Chapter 21, Zoning, of the South Bend Municipal Code, Article 10 Signs, Section 21-10.07 Off-Premise Signs, subsection (d) Advertising Signs is hereby amended as follows: (1) Sign Surface Area for Advertising Signs (A) Limited Access Highways and Arterial Streets - The maximum sign surface area for advertising signs oriented toward a limited access highway shall be 672 square feet. SECTION LVI. Chapter 21, Zoning, of the South Bend Municipal Code, Article 12 Administration, Section 21-12.07 Development Review Procedures, subsection (f) Common Procedures is hereby amended as follows: (4) Use Variance Procedures (A) Applicability (ii) When a combination of uses on a lot is not allowed in any of the zoning districts, the property should be zoned into the district that permits the most of those proposed uses and a use variance sought for the balance of uses (iii)(ii) In any of the above conditions, a A use variance cannot be sought if a use could be permitted with a special exception. (E) Procedure (i) When a combination of uses on a lot is not allowed in any of the zoning districts, the property should be zoned into the district that permits the most of those proposed uses and a use variance sought for the balance of uses. (i)(ii) (ii)(iii) (iii)(iv) (iv)(v) (v)(vi) (vi)(vii) (vii)(viii) (viii)(ix) (ix)(x) (x)(xi) (xi)(xii) SECTION LVII. Chapter 21, Zoning, of the South Bend Municipal Code, Article 13 Nonconformities & Enforcement, Section 21-13.01 Nonconformities, subsection (j) Reconstruction, Remodeling, or Enlargement of a Legally Established Nonconforming 1 Unit Dwelling or 2 Unit Dwelling is hereby amended as follows: (2) Remodeled or enlarged, provided that such remodeling or additions comply with the development standards of the applicable district related to maximum building coverage, minimum setbacks (except as set forth in (l) below), maximum setbacks, and building height, and off-street parking. SECTION LVIII. 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 SOUTH BEND PLAN COMMISSION Page 1 of 2 Staff Report – PC#0297-26 January 20, 2026 Property Information Subdivision Name: Popeye's Hickory Minor Subdivision Location: 605 HICKORY RD Requested Action The total area of the subdivision is 10.586 acres and will consist of 2 building lots. Location Map Recommendation Staff Recommendation: The staff has reviewed this subdivision and finds it complies with the requirements for Approval as specified by the South Bend Subdivision Control Ordinance. The staff therefore recommends that this subdivision be granted Approval. SOUTH BEND PLAN COMMISSION Page 2 of 2 Staff Report – PC#0297-26 January 20, 2026 Proposed Plat Project Details Environmental Data: A check of the Agency's maps indicates that no environmental hazard areas or wetlands are present. Drainage: Rights-Of-Way: The rights-of-way are correct as shown. Utilities: The site will be served by Municipal Water and Municipal Sewer. Agency Comments: Recommendation Staff Comments: Staff Recommendation: The staff has reviewed this subdivision and finds it complies with the requirements for Approval as specified by the South Bend Subdivision Control Ordinance. The staff therefore recommends that this subdivision be granted Approval.