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HomeMy WebLinkAbout05-28-14 Council Agenda & PacketAGENDA SOUTH BEND COMMON COUNCIL MEETING WEDNESDAY, MAY 28, 2014 1. INVOCATION — CHAPLAIN DAVID PORTERFIELD 2. PLEDGE TO THE FLAG 3. ROLL CALL 4. REPORT FROM THE SUB— COMMITTEE ON MINUTES 5. SPECIAL BUSINESS 7:00 P.M. 14 -54 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING JONATHAN BURKE FOR HIS DEDICATED SERVICE AS THE CITY'S 1sT DIRECTOR OF THE MUNICIPAL ENERGY OFFICE ANNOUNCEMENT: REPRESENTING THE CITY ADMINISTRATION WILL BE CHIEF OF STAFF — KATHRYN ROOS 6. REPORTS OF CITY OFFICES 7. RESOLVE INTO THE COMMITTEE OF THE WHOLE TIME: RTT.T. N(1 17 -14 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 5 OF THE SOUTH BEND MUNICIPAL CODE IN ITS ENTIRETY AND REPLACING IT WITH A NEW CHAPTER 5 ENTITLED RESPONSIBLE ANIMAL AND PET OWNERSHIP CARE AND CONTROL REGULATIONS AND AMENDING SECTION 2 -213 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING SCHEDULE OF ORDINANCE AND CODE VIOLATIONS 8. BILLS, THIRD READING TIME: RTT,T, NO- 17-14 THIRD READING ON A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 5 OF THE SOUTH BEND MUNICIPAL CODE IN ITS ENTIRETY AND REPLACING IT WITH A NEW CHAPTER 5 ENTITLED RESPONSIBLE ANIMAL AND PET OWNERSHIP CARE AND CONTROL REGULATIONS AND AMENDING SECTION 2 -213 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING SCHEDULE OF ORDINANCE AND CODE VIOLATIONS 9. RESOLUTIONS BILL NO. 14 -57 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 525 EAST COLFAX AVENUE AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF AN EIGHT (8) YEAR REAL PROPERTY TAX ABATEMENT FOR COLFAX HILL PARTNERS, LLC 14 -58 A RESOLUTION WAIVING THE REQUIRED FILING DATE OF MAY 10, 2013 AND ACCEPTANCE OF THE DEDUCTION APPLICATION OF THE LATE FILING OF DEDUCTION APPLICATION FOR THE NEW MANUFACTURING EQUIPMENT LOCATED IN AN ECONOMIC REVITALIZATION AREA FILED UNDER RESOLUTION 4198 -12 FOR THE TIRE TACK LOCATED AT 7101 VORDEN PARKWAY 14 -60 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 914, 918, 923, 925, 927, 930, 932, 1024, 1030 OAK ST, 922, 930, 1002 '-�, 1014, 1018, 1020 FUERBRINGER, 417, 418, 500 BLK SHERMAN, 501 HARRISON ST, 423, 429, 431 COTTAGE GROVE, 327, 329, 331, 408, 412, 417, 403 CUSHING ST. AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR LINCOLN PARK DEVELOPMENTS LLC 10. BILLS, FIRST READING 11. UNFINISHED BUSINESS A. REPORTS FROM THE AREA BOARD OF ZONING APPEALS 1. BILL 14 -59 - SPECIAL EXCEPTION -2324 ELWOOD B. REPORTS FROM AREA PLAN COMMISSION 1. BILL 27 -14 - REZONING - 1022 2OT" STREET 2. BILL 28 -14 - REZONING & SPECIAL EXCEPTION - 605 N. HICKORY RD. 3. BILL 30 -14 - REZONING - 1707 SOUTH BEND AVE. 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. 3`d Substitute Bill No. 17 -14 Ordinance No. �� N), o', AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 5 OF THE SOUTHBEND MUNICIPAL CODE IN ITS ENTIRETY AND REPLACING IT WITH A NEW CHAPTER 5 ENTITLED RESPONSIBLE ANIMAL AND PET OWNERSHIP CARE AND CONTROL REGULATIONS AND AMENDING SECTION 2 -213 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING SCHEDULE OF ORDINANCE AND CODE VIOLATIONS. STATEMENT OF PURPOSE AND INTENT (OThe following regulations are enacted in the interest of setting forth comprehensive public safety regulations which, when effectively implemented, administered and enforced, promote responsible animal and pet ownership. The regulations are aimed at ensuring due process protections for owners by promoting responsible animal and pet ownership, which is essential to the protection of animals residing in the city limits. (b)The following regulations set forth the best practices for the humane and ethical treatment of animals by requiring animal and pet owners to comply with reasonable regulations in order to be responsible owners. A°'96M A' & ardaLs�erG� � C i�mman a ad of the City of South Bend, Indiana, as follows: Section I. Chapter 5 of the South Bend Municipal Code is amended in its entirety and replaced in its entirety to read as follows: CHAPTER 5 RESPONSIBLE ANIMAL AND PET OWNERSHIP CARE AND CONTROL REGULATIONS Article 1. General Provisions.' Sec. 5 -1 Legislative Findings and Intent of Regulations. Sec. 5-2 Definitions. Sec. 5 -3 Regulations are Supplemental to State and County Laws. Sec. 5 -4. Schedule of Fees for the Division of Animal Care and Control. Sec. 5 -5 Through Sec. 5 -7 Reserved for Future Use. Article 2. Honey Bee Keeping Regulations. Sec. 5 -8 Legislative Findings. ' Indiana Code § 36- 14-11, authorizes the city to pass and enforce ordinances. Substitute Bill No. 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 2 Sec. 5 -9 Sec. 5 -10 Sec. 5 -11 Sec. 5 -12 Sec. 5 -43 16 Sec. 5 -44- 17 Sec. 5-4-7 18 Sec. 5 -19 Sec. 5 -20 Sec. 5 -21 Sec. 5 -22 Sec. 5 -23 Sec. 5 -24 Sec. 5 -25 Sec. 5 -26 Sec. 5 -27 Sec. 5 -28 Sec. 5 -29 Sec. 5 -30 Sec. 5 -31 Sec. 5 -32 Sec. 5 -33 Sec. 5 -34 Sec. 5 -35 Sec. 5 -36 Sec. 5 -37 Sec. 5 -38 Sec. 5 -39 Sec. 5 -40 Sec. 5 -41 Sec. 5 -42 Sec. 5 -43 Sec. 5 -44 Sec. 5 -45 Sec. 5 -50 Sec. 5 -51 Definitions. Honey Bee Keeping Public Safety Regulations. Compliance Required; Penalties. Through Sec. 5 -4-415 Reserved for Future Use. Article 3. Animal Care and. Control Rules and Regulations. Adequate Shelter, Food and Water to be Provided. Medical and Grooming Care Requirements. Removal of Excrement Required. Acreage Requirements for Certain Domestic Animals and Fowl. Urban Chicken Regulations. Restraint of Animals Required; Limited Exception for Off -Leash Dog Run Park. Fastening Animals with Rope or Chain; Choker Collar. Cruelty to Animals Prohibited. Animal Hoarding Prohibited, Animal Fights and Fighting Contests Prohibited. Prohibited Animal Events. Poisonous Bait Prohibited. Enticement of Another Person's Animal Prohibited. Interference With Another Person's Animal Prohibited.. Offensive Use of Animal Prohibited.. Abandonment of Animals Prohibited. Trapping and F-ee Dc i :sue Wildlife Regulations. Public Nuisance Animals Prohibited. Animals as Prizes or Inducements Dying or Staining Animals Prohibited and Selling Animals as Novelties Prohibited. Notification of Injury Caused by Motor Vehicle to Animals Required. Notification of Lost or Stray Animals Prohibited. Potentiallv Dangerous Animals. Biting Animals; Report; Procedure Exotic Animals and Native Wildlife. Training Methods. Destruction of Animals. Habitual Animal Offender. Free Roaming Cat Trop- Neuter Return Regulations. Through Sec. 5 -49 Reserved for Future Use. Pet Registration Required; Exception; Tags; Microchip Implant. Application for Registration or Permits. Substitute Bill No. 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 3 See. 5-52 Fees. Sec. 5 -53 Permit Suspension. Sec. 5 -54 Appeals; Re- inspections; Denials or Revocation of Permit. Sec. 5 -55 Redemption of Impounded Animals Seized for Permit Denials, Suspensions or Revocation. Sec. 5 -56 Through Sec. 5 -59 Reserved for Future Use. Article 5. Commercial Animal' Permit Regulations Sec. 5 -60 Kennel /Cattery Permit Regulations. Sec. 5 -61 Major Breeder's Permit Regulations. Sec. 5 -62 Minor Breeder's Permit Regulations; Sale of Underage Animals Prohibited. Sec. 5 -63 Veterinary Hospitals /Clinics Sec. 5 -64 Grooming Shop Permit. Sec. 5 -65 Pet Shop Permit Sec. 5 -66 Circuses, Animal Concessions and Animal Events. Sec. 5 -67 Zoological Parks. Sec. 5 -68 Exceptions for Division of Animal Care and Control and Animal Welfare Organizations. Sec. 5 -68 69 Through Sec. 5 -74 Reserved for Future Use. Article 6. Specific Requirements Governing Dogs and Cats. Sec. 5 -75 Rabies Vaccination Required. Sec. 5 -76 Dogs or Cats in Heat. Sec. 5 -77 Sale of Puppies and Kittens. Sec. 5 -78 Through 5 -85 Reserved for Future Use. Article 7. Animal Euthanasia. Sec. 5 -86 Euthanizing Animals. Sec. 5 -87 Through Sec. 5 -89 Reserved for Future Use. Article 8. Administration and Enforcement. Division I. Shelter Manager. Sec. 5 -90 Duties of Shelter Manager. Sec. 5 -91 Through Sec. 5 -94 Reserved for Future Use. Substitute Bill No. 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 4 Division II. Animal Control Commission Sec. 5 -95 Animal Control Commission Established; Membership. Sec. 5 -96 Officers, Meetings and Meeting Minutes of the Animal Control Commission. Sec. 5 -97 Duties and Responsibilities of the Animal Control Commission. Sec. 5 -98 Through Sec. 5 -104 Reserved for Future Use. Division III. Implementation and Enforcement Sec. 5 -105 Interfering With Enforcement. Sec. 5-106 Impoundment. Sec. 5 -107 Notice to Owner. Sec. 5-108 Redemption. Sec. 5 -109 Inspections. Sec. 5-110 Disposition of Money. Sec. 5-111 Penalties. Sec. 5 -112 Through Sec. 5 -119 Reserved for Future Use. Article 9. Rental Horses. See. 5-120 Definitions. Sec. 5 -121 Permits and Administration. Sec. 5 -122 Housing/Stable Premises. Sec. 5-123 Regulations. Sec. 5 -124 Excepted from Coverage. Sec. 5 -125 Through Sec. 5 -129 Reserved for Future Use. Substitute Bill No. 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 5 Article 1. General Provisions. See. 5 -1. Legislative Findings and Intent of Regulations. (a) The following regulations are enacted in the interest of setting forth comprehensive public safety regulations which, when effectively implemented, administered and enforced, promote responsible anima] and pet ownership. The regulations are aimed at ensuring due process protections for owners by promoting responsible animal and pet ownership, which is essential to the protection of animals residing in the city limits. (b) The following regulations set forth the best practices for the humane and ethical treatment of animals by requiring animal and pet owners to comply with reasonable regulations in order to be responsible owners. Sec. 5-2. Definitions. For the purpose of this Chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning: (a) Abandon: To knowingly, intentionally, or recklessly leave unattended, without proper food, water, or shelter, for 24 hours or more, in or about a building or structure or any portion thereof on or about any property.2 (b) Adequate shelter: A structure designed specifically to shelter an animal that allows an animal to maintain its body heat, with a roof, structured floor and three sides free of leaks or openings to the wind and rain, and a fourth side allowing access that is protected from the elements. The structure is physically located in a dry area allowing the animal dF5, keeping to stay dry and access outside the structure to dry ground that is mud free. Livestock require a structure with three sides and a roof designed to protect it from the elements. (c) Altered animal: An animal that has been operated on to prevent it from procreating. (d) Animal. Any living vertebrate, domestic or wild, except a human being.3 'Indiana Code § 25- 38.1 -4 -8 sets forth regulations addressing "abandoned animals" and the role of a veterinarian. Indiana Code § 3546 -3 -7, Version A addresses abandonment or neglect effective through July 1, 2014 and Indiana Code § 35 -46 -3- 7, Version B sets forth regulations addressing abandonment and neglect which become effective July 1, 2014. 3 Indiana Code § 25- 38.1 -1 -5 defines an animal as including "birds, fish, mammals and reptiles wild or domestic ". Substitute Bill No. 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 6 (e) Animal Concession: Any person, group of persons, partnership, or corporation who for compensation has any animal available for hire or on display. (0 Animal Control Commission: The Animal Control Commission shall be an advisory Commission as established in Division III of this Chapter. Division efAnimnl Pare. and- G—entrel., 1 (g) Animal Control Officer: Means a person authorized to carry out the provisions of this Chapter. (h) Animal event: Display, activity or show of wild or domestic animals in a shopping center, retail establishment, adjacent lot, or elsewhere. Equipffient or items used to train er eanditien animals fq pai4ieipafien in an animal fighting eentest or materials to premete animal Ighting, the breeding-of animal fights. (j) 01 Animal hoarder: Any person who: 1. Having one or more —tkaa animals and failing to provide adequate standards of nutrition, sanitation, shelter, and veterinary care, with this neglect often resulting in illness and death from starvation, spread of infectious disease, and untreated injury or medical condition, -er 3. 2. Persistence, despite this failure, in accumulating and controlling animals. (k) ill Animal welfare organization: Any group maintaining a 501 (c) 3 status with the primary purpose of promoting animal health, safety, or adoption or the prevention of animal cruelty. Organizations described in section 501(c) (3) commonly referred to as charitable organizations or non -profit organizations, as per Internal Revenue Service standards. The animal wk-,I f rF., __._ __ letter ef de4enninatien miist be on fileArith South Bend Animal CaFe and Control. (l) Qc1 At large animal: Any animal not under restraint or control. This section does not apply to free - roaming and/or community cat(s). Substitute Bill No. 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 7 —(m)(1) Attack: Where the animal exhibits one or more of the following behaviors, including, but not limited to: snarling, biting, baring teeth, chasing, growling, barking, snapping, pouncing, lunging. -(�t} (m) Auction: Any place or facility where animals are regularly bought, sold or traded, except for those facilities otherwise defined in this Chapter or by Indiana state law. -(e} (n) Breeder: Any person who intentionally or accidentally causes the breeding of an animal or makes an animal cat or dog available for breeding purposes, or any person who offers for sale, sells, trades, receives other compensation or gives away any litter of dogs or cats; or any person who has unaltered animals who habitually (two or more litters) have accidental litters .54 -44 [o) Bite: To seize or cut with the teeth, breaking the skin ".6 5 —(o (p) Business day: Monday through Friday, except for federal, state, or local holidays. Caretaker: A person who provides food, water and shelter for fFee reaming m,d/er community cat(s) as defined by this Chanter. —(s} [rLCattery: Any person or group of persons, partnership or corporation engaged in keeping more than one (1) unaltered cat for the purposes of breeding. (s)Chicken coon also referred to as chicken Pen means an enclosure or enclosed structure used for housing urban chickens with provides shelter from the elements which must meet the standards set forth in Section 21 -02.11 of this Code. (i)Chicken flock means more than one (1) urban chicken which: 1. Contains no more than six (6) hens and no roosters; and 2. Is issued a permit pursuant to Section 21-02.11 of this Code. (u)Chicken flock means more than one (1) urban chicken which: 1. Contains no more than six (6) hens and no roosters; and 2. Is issued a permit pursuant to Section 21-02.11 of this Code. --'4 Indiana Code 15 -21 sets forth "Commercial Dog Breeder Regulations ". �5 Indiana Code § 15- 20 -1 -3 sets forth the regulations address "dog bite liability ". Indiana Code § 15- 20 -1 -4 Version A sets forth the regulations addressing dog bite liability as a criminal offense through July 1, 2014 and Indiana Code § 15- 20 -1 -3 Version B sets forth the regulations addressing dog bite liability as a criminal offense effective July 1, 2014. Substitute Bill No. 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 8 (v) Chicken yen means an enclosure that must meet the standards set forth in Section 21-02.11 of this Code. (t)(w)City: City of South Bend, Indiana. (vh x )Circus: Performances given by traveling companies on vacant lots with tents, or some other kind of temporary enclosure, where performances are given for a fee. Performances may include, but are not limited to trained animal acts, races, feats of horsemanship, acrobatics, strength, trapeze acting, or clowns. See also Section 4 -22 of this Code (v) Commercial: O£ pertaining to or characteristic of commerce. (u)(-z1 Community cat: An unowned, outdoor cat that has been evaluated and sterilized by a licensed veterinarian, ear tipped and released back into the area from which it was captured and is cared for by a caretaker. (*) as Dangerous wild or dangerous exotic animal: A wild or exotic animal, not indigenous to the State of Indiana, not commonly found as a domestic animal, that would create a potential risk to public safety including but not limited to bears, wolves, lions, tigers, jaguars, leopards, cougars, alligators, crocodiles, caimans, snakes and reptiles that are venomous, apes, baboons, macaques, or any hybrid of like animal. Substitute Bill No. 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 9 (Y)—(bb)—Division of Animal Care and Control: The municipally operated division established for the purpose of animal control, care and disposition, as set forth in this Chapter, operated by and under the direct supervision of the Director of the Code Enforcement Department and the Shelter Manager. (-z) cc Director: The Director of the Code Enforcement Department for the city. -(aa) (dd) Domestic animal:7 Any animal that is a member of one (1) of the following species: 1. Dog (Canis familiaris) 2. Cat (felis cattus or Felis domesticus) 3. Cattle (Bos domesticus or Bos Taurus or Bos indicus) 4. Horse (Equus caballus) 5. Donkey (Equus asinus) 6. Pig (Sus scroffa) (Excluding pot - bellied pig) 7. Sheep (Ovis cries) 8. Goat (Capra hircus) 9. Bison 10. Chickens (Excludine urban chickens 11. Pigeons 12. Rabbit (oryctolagus cuniculus) 13. Mouse (Mus musculus) 14. Rat (Rattus rattus) 15. Guinea Pig ( Cavis procellus) 16. Chinchilla (Chinchilla langier) 17. Hamster (Mesocriecetus auratus) 18. Gerbil ( Gerbillus gerbillus) 19. Mink 20. Cow or Ox (Bovine) 21. Ferret 22. Llamas 23. And all other domestic animals defined in IC 15- 2.1 -2 -15. (bb) (cc Enforcement Authority: Law Enforcement Control Agencies and officers acting on their behalf and Animal Control and Care Officers sanctioned by the City of South Bend, St. Joseph County, or the State of Indiana. (M Enticement: to attract or lure. Indiana Code § 35- 46 -3 -12, Version A sets forth the state regulations addressing the killing of a domestic animal which remain in effect until July 1, 2014 and Indiana Code § 3546 -3 -11.5, Version B set for the state regulations addressing the killing of a domestic animal which take effect July 1, 2014. Substitute Bill No. 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 10 (ee) (gg) Exotic animal: means Any animal whose normal native habitat is not indigenous to the continental United States, excluding Alaska and Hawaii, except fish and fur- bearing animals commercially bred for the furrier trade and birds defined under federal regulations, and nonpoisonous snakes and reptiles (dd) (bh) Foster animal: means Any animal placed by an animal welfare organization in temporary care at a foster home until it is adopted. For the purposes of this Chapter, it is not owned by the animal welfare organization or the foster home and is exempt from license requirements while it is a foster animal. (ee) fW Foster home: Physical location away from an animal shelter providing temporary care to a foster animal. (€f) - WhFree- roaming cat: Any unowned, unaltered outdoor cat. (gg) k(kk ) Grooming shop: A commercial establishment where animals are bathed, clipped, plucked or otherwise groomed. (W (11) Harboring: means The actions of any person that permit any animal habitually to remain at large or to be fed within his/her home, store, enclosure, yard or place of business or any premises on which such person resides or controls. An animal shall be presumed harbored if it is fed or sheltered for three (3) consecutive days. This does not apply to community cats or free - roaming cats. (ri) mm Impoundment: 8 To seize and place in to the Animal Shelter for the City of South Bend, any animals found in violation of this Chapter and /or Indiana law, or to temporarily house animals in protective custody due to disaster or other tragic event.9 (j) nn Intact animal permit: The permit required by any person engaged in owning or harboring more than one dog over the age of six (6) months, which is unaltered, and /or more than one (1) cat over the age of six (6) months, which is unaltered. (kk) (oo) Kennel: Any person,, group of persons, partnership or corporation engaged in keeping more than one (1) unaltered dog, or the business of boarding, or training for a fee, or grooming and which is zoned for such purposes. 'Indiana Code § 35- 46 -3 -6 addresses the impoundment of animals, probable cause hearings and bond requirements. 9 Indiana Code § 15- 20 -1 -7 authorizes a "law enforcement officer or any other person having authority to impound animals [who] has probable cause to believe that there has been a violation..." with Indiana Code § 3546 -3 -6 applying. Indiana Code § 3546 -3 -11, Version A sets forth cruelty to law enforcement animal regulations effective until July 1, 2014 and Indiana Code § 35- 46 -3 -11, Version B sets forth cruelty to law enforcement animal regulations which become effective July 1,2014. Substitute Bill No. 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 11 (41-) (pp)—Large or Exotic Birds: Any large or exotic pet bird including but not limited to caiques, conures, lories, lorikeets, large parakeets, parrots, poicephalus, African greys, Amazons, Cockatoos, eclectus, and macaws. (iHfa) Lqq) Law Enforcement Animal, K -9 dogs and police dogs: Means A professionally trained -god dog used by law enforcement officers for law enforcement purposes and activities.10 (Fin) (rr) Lawful trap, snare, or similar device: A humane, box style trap of suitable size and construction appropriate for the target species. (ee) (ss) Leash: A cord, rope, strap or other such physical restraint. (pp) (tt) Litter permit: The permit required by any person who intentionally or unintentionally causes or allows the breeding of a litter of dogs or cats in a twelve -month period. Exception: if the parent animal(s) are altered within fourteen (14) weeks after giving birth or the parent animal(s) and the litter are relinquished to SBACC within fourteen 14 weeks after birth of the litter, all permit requirements shall be waived. (t+) (uu) Medium or large reptile: A cold - blooded vertebrate including but not limited to iguanas, monitors, snakes, and tortoises. (qq) (vv) Microchip implant: A passive electronic device that is injected into an animal by means of a pre - packaged sterilized implanting device for purposes of identification and /or the recovery of animals by their owner(s). (ss) ww Microchip reader: An electronic device that detects any implanted microchip. (xx) Non-Commercial: Not o£ pertaining to or characteristic of commerce. (4) LyyhOwner /guardian: A person owning or harboring one (1) or more animals for a period of longer than twenty -one (21) days; however, caretakers of free - roaming and /or community cats shall not be deemed to be owners or guardians of such animals.' 1 (wa) (zz) Patron Contact: Any person acting within the realm of a guest, customer, visitor, client, or the like to an establishment may not touch, handle, or physically interact in any way with an exotic and /or dangerous animal, unless they are acting under the scope of their legally sanctioned "enforcement authority" in each particular instance. (uv) aaa Person: An individual, firm, corporation or commercial establishment 10 Indiana Code & 35-46-3-4.5 defines "law enforcement animal' " Indiana Code § 15- 20 -1 -2 defines "owner" as "...a person who possesses, keeps, or harbors a dog ". 3rd Substitute Bill No. 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 12 (xwv) (bbbb) Pet: Any animal owned or harbored by any person, group of persons, partnership or corporation, except service dogs, or police or canine governmental dogs. Ow) (ccc) Pet shop: Any person, group of persons, partnership or corporation, whether operated separately or in connection with another business enterprise, except a licensed cattery, kennel or breeders, that buys, sells or offers for sale any species of animal, wholesale or retail. A permanent physical structure specifically designed and ventilated for the overnight and long -term housing and sale of animals both wholesale and retail. (yY4 ddd Potentially dangerous: ineans Any of the following: 1. Any animal which, when unprovoked, on two (2) separate occasions within the prior thirty sip (336) twelve (12) month period, engages in any behavior that requires a defensive action by any person to prevent bodily injury when the person and the animal are off of property owned, lawfully occupied or controlled by the owner /guardian or keeper of the animal as documented by an enforcement authority. 2.Any animal which, when unprovoked, bites a person causing an injury that is not a severe injury, as defined below. 3. Any animal which, when unprovoked and off of property owned, lawfully occupied or controlled by the owner /guardian or keeper of the animal, on two (2) separate occasions within the prior diiAy-si*+36) twelve 12) month period, has bitten or otherwise caused injury to a domestic anima] that is not a severe injury, as defined below as documented by an enforcement authority. (,-z) eee Prohibited event: Any event where the enforcement authority determines it necessary to prevent animals from being present during the event to ensure public safety. (a* (EM— Protective Custody Impound- To seize and place in to the Animal Shelter for the City of South Bend, any animals due to disaster or other tragic event. (bbb) (ggg) Provoked: To stimulate, arouse, incite or excite (eee) hI hh) Public nuisance: Any animal which: (1) Interferes with a pedestrian(s) or a passing vehicle(s), or (2) Attacks another animal or a person(s), or (3) Is at large, or (4) Damages private or public property, or (5) ,.a.o nd en er-iod, or causes frequent or long continued noises or other sounds which disturb the comfort or repose of any Person in the immediate neighborhood or (6) Is a dangerous wild or exotic animal. Substitute Bill No. 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 13 An ear - tipped altered community cat shall may not be considered a public nuisance solely by virtue of its status as a community cat (d") iii Quarantining authority: The Department of Code Enforcement, Division of Animal Care and Control, its agents, employees and designees, acting under directives and regulations of the Health Department of St. Joseph County or the Indiana state board of animal health. (eft) WD Rabies vaccination: The injection administered by a licensed and accredited veterinarian, of a dog, cat or other animal with a rabies vaccine licensed by the U.S.D.A. and approved by the Indiana State Board of Animal Health. (kkk) Residential: Of, or pertaining to residence (€€f) (111) Restraint: Any animal secured by a leash or lead, or under the physical control of the animal's owner or owner's designated agent, or within the real property limits of its owner. (ggg) Lamm)-Riding school or stable: Any place which has available for hire, boarding or riding instruction, any horse, pony, donkey, mule or burro. (khh) (nnn Rodeo. A performance featuring bronco riding, steer wrestling, calf roping, greased pig contest or bull riding. (iii) (000) SBACC: South Bend Animal Care and Control, the body that acts with authority derived from the Division of Animal Care and Control. &) (ppp) Severe injury: Any physical injury to a human being or domestic pet or domestic livestock that results in multiple bites, broken bone sl muscle tear( or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery. ("k) (gqq) Service animal: 1 z An animal trained and certified to assists a person who is impaired by: 1. Blindness or any other visual impairment; or 2. Deafness or any other aural impairment; or 3. A physical disability; or 4. A medical condition or any other condition govemed by the Americans With Disabilities Act (ADA). 04) (rrr) Shelter manager: The Shelter Manager for the Division Animal Care and Control. "Indiana Code § 3546 -3 -11.5, Version A defines "service animal" with those regulations effective through July 1, 2014 and Indiana Code § 3546 -3 -11.5, Version B defines "service animal" and addresses cruelty to a service animal and become effective July 1, 2014. Substitute Bill No. 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 14 (m+rnn) sss Small animal: Any small domestic animal including but not limited to ferrets, gerbils, guinea pigs, hamsters, mice and rats. (mnn) ttt Small birds: Any small pet bird including but not limited to canaries, finches, cockatiels, lovebirds, small parakeets and parrotlets. (eee) (nun) Small reptile: A cold - blooded vertebrate including but not limited to bearded dragons, frogs, geckos, skinks, salamanders, and turtles. vvv Stray: Any animal that is not under restraint and /or upon reasonable inquiry by an animal control officer does not appear to have an owner. This section does not apply to free - roaming and/or community cat(s) as defined in this Chapter. (qqq) www Tether: Attaching a domestic pet to a stationary object or pulley run by means of a chain, rope, tether, cable, or similar restraint. Tether does not include the use of a leash to walk a domestic pet. (jrr) xxx Trap- neuter - return is a management technique in which homeless, free - roaming cats are humanely trapped, evaluated and sterilized by a licensed veterinarian, vaccinated against rabies, and then returned to their original habitat. (yyy) Unaltered: An animal that has not been operated on to prevent it from procreating. (sss) zzz Unprovoked: An action can be labeled "unprovoked" when the action or reaction of an animal was without stimulation, arousal, excitement, incitement, triggering, or otherwise motivating factors to provide for a reasonably foreseeable animal reaction. (aaaa) Urban Chicken: A chicken living in the city limits officially knows as gallus domesticus which is a domestic bird. It does not include other fowl such as but not limited to roosters peacocks, turkeys or waterfowl. Urban chickens are governed by the zoning regulations set forth in Section 21-02.11 of this Code addressing Residential District zoning regulations. (ttt) b( bbb) Veterinarian: 13 iaeans Any person licensed and accredited to practice veterinary medicine in the State of Indiana. (uuu) tggcO Veterinary hospital: Any establishment maintained and operated by a licensed veterinarian for the purpose of hospitalization of animals or the diagnosis and treatment of diseases and injuries of animals. (w.v) d( ddd) Vicious animal: Includes any of the following: "Indiana Code 25 -38.1 sets forth the governing state regulations for veterinarians. Indiana Code § 25- 38.1 -1 -10 defines "licenses veterinarian ". Substitute Bill No. 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 15 I. Any animal which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being or domestic pet. 2. Any animal previously determined to be and currently listed as a potentially dangerous animal which, after its owner /guardian has been notified of this determination, continues the potentially dangerous behavior, as defined herein or is maintained in violation of Chapter 5. (Www4 eeee ) Wild animal: Any living vertebrate animal normally found in the wild state. ( ) dfflf) Zoological park: Any permanent facility or operation other than a pet shop, displaying or exhibiting one (1) or more species of non - domestic animals, operated by a person, partnership, corporation or government agency. Sec. 5 -3. Regulations are Supplemental to State and County Laws. The regulations of this Chapter supplement all laws of the state and county ordinances covering the same subject matter. Sec. 5 -4 Schedule of Fees for the Division of Animal Care and Control. (a) In addition to any other fees required to be paid by state law, the fee schedule for the Division of Animal Care and Control is as follows: Type of Fee Fee Amount Return to Owner Fees: First redemption $ 15.00 Second redemption $ 50.00 Third redemption $ 75.00 Fourth redemption (and subsequent) $100.00 Daily boarding fee after legal hold 14 $ 10.00 Prophylactic Vaccination & Dewormer $ 5.00 Pain Medication/Antibiotics $ 2.00 per dose Flea Treatment $ 10.00 per dose Rabies vaccination reimbursement $ 25.00 14 Any owner requesting that the Division of Animal Control hold a stray animal longer than the three (3) day stray period must be approved by the Division. Substitute Bill No. 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 16 Type of Fee Fee Amount Pick -up of an owned animal $ 40.00 Euthanasia by request of owner $ 20.00 10 day quarantine (per day /cat) $ 10.00 10 day quarantine (per day /dog) $ 15.00 Microchip fee $ 20.00 Adoption Fees Dog 15 $ 85.00 Puppy $100.00 Cat $ 65.00 Small animal $ 5.00 Small bird $ 10.00 Large bird or exotic bird $ 75.00 Rabbit $ 10.00 Small reptile $ 10.00 Medium or Large reptile $ 40.00 Protective Custody Impound Fees: Fire, death, accident, acts of God, etc. No charge for first three (3) days $ 10.00 per day per cat $ 15.00 per day per dog Arrest, seized for abuse, cruelty, $ 10.00 per day per cat abandonment, court case holds, etc. $ 15.00 per day per dog Replacement pet registration (all classifications) $ 5.00 UPS shipping of biting animals for testing by state $ 30.00 (b)Fees . The Shelter Manager has limited authority to waive or reduce fees based on: 1. Considerations of responsible ownership of the animal(s)7 or 2. Space available at the Shelter. " Listed adoption fees for dogs, cats and puppies may be reduced in the event of the receipt of grants and/or special programming and prior notice to the Common Council. Substitute Bill 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 17 Sec. 5 -5 Through Sec. 5 -7 Reserved for Future Use. Article 2. Honey Bee Keeping Regulations 1, Sec. 5 -8 Legislative Findings. (a) The Common Council finds that honey bees can be maintained within populated areas without causing a nuisance, if honey bees are properly located, managed, and maintained. (b) Honey bees are a benefit to society by pollinating flowers, gardens and trees and thereby contributing to the local ecosystem; as well as furnishing honey, wax, and other useful prejeets. products. (c) The regulations set forth in this Article are in the best interests of the health, safety and welfare of the city. (Ord. No. 10241, § II, 07- 08- 2013)' See. 5-9 Definitions. As used in this Article, the following words, terms and phrases shall have the meanings set forth herein: Apiary: the assembly of one (1) or more hives or colonies of honey bees at a single location. Beekeeper: a person who keeps honey bees in hive(s) which meet state approved requirements. Beekeeping Equipment: anything used in the operation of an apiary, such as hive bodies, supers, frames, top and bottom boards and extractors. City: City of South Bend, Indiana. Colony: the entire honey bee family or social unit living together including the queen, workers and drones. Flyway barrier: fencing, dense hedging or a combination of the two, which provides a shield or protective barrier from the direction in which the honey bees fly when approaching or leaving a hive. 18 Hive: a frame or structure used or employed as a domicile for honey bees which meet state approved requirements. 1 Indiana Code § 14- 24 -2 -4 sets forth the duties for the Division Director in the protection and development of the bee and honey industry in the State of Indiana. "Indiana Code § 36- 1 -4 -11 authorizes a city to pass, codify and enforce ordinances; and Indiana Code § 36 -1 -3 -2 grants to cities "...all the powers that they need for the effective operation of government as to local affairs ". 18 Flyway ban-iers assist in deterring honey bees from contact with humans and domesticated animals.. Substitute Bill No. 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 18 Honey Bee: the common domestic honey bee, limited to the Apis mellifera species, specifically excluding the African honey bee, Apis mellifera scutellata or Africanized honey bee, or any hybrid thereof. Lot: a piece, parcel, plot or tract of land designated by its owner or developer to be used, developed or built upon as a unit under single ownership or control and may consist of (1) A single lot or record; or (2) A combination of complete lots of record. (Ord. No. 10241, § II, 07- 08- 2013)19 Sec. 5 -10 Honey Bee Keeping Public Safety Regulations. (a) Any person desiring to raise the common domestic honey bee, limited to the Apis mellifera species, must comply with the following public safety regulations. (b) No hive shall exceed seventeen (17) cubic feet in volume. (c) Location Requirements: Where a lot has a fence, hives must maintain a four foot (4') radial distance from the property line as measured from the center of the hive. 2. Where a lot does not have a fence, hives must maintain a four foot (4') radial distance from the lot line as measured from the center of the hive. The beekeeper must also install a flyway barrier no further than four feet (4') in front of the hive entrance. 3. In no event shall a hive be located closer than ten feet (10') from a public sidewalk. 4. Colonies maybe kept on flat roofs without setback or flyaway barrier restrictions. For a lot without a perimeter fence, a fence which surrounds the entire hive(s) shall be compliant with the zoning regulations set forth in South Bend Municipal Code § 21 -02.11 and apiary practices. 6. A fresh supply of water shall be provided for all hives20 "South Bend Municipal Code § 21 -11.02 sets forth the zoning definition for `lot" 20 A fresh supply of water for honey bees deters honey bees from congregating at swimming pools, pet water bowls, birdbaths or other water sources where they may cause human, bird or domestic pet contact; so long as it does not become stagnant. Substitute Bill No. 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 19 (d) The honey bees and equipment shall be maintained in accordance with the applicable provisions of the Indiana Code and apiary practices addressing honey bees recommended by the State of Indiana's Apiary Inspector(s) with the Indiana Department of Natural Resources Department of Entomology Division of Entomology and Plant Pathology Purdue University being recognized on the official State of Indiana website. (Ord. No. 10241, § lI, 07- 08- 2013)21 Sec. 5 -11 Compliance Required; Penalties. (a) It shall be unlawful for any person to keep or maintain an apiary, hive, or colony in the City which is not in compliance with this Article. (b) Any person violating any of the provisions of this Article shall be issued a citation by the Department of Code Enforcement which provides for a fine of seventy -five dollars ($75.00) per violation payable through the Ordinance Violations Bureau. (c) Each violation shall constitute a separate and distinct offense. Every day any violation of this Article shall continue shall constitute a separate offense. (d) Any apiary, hive or colony which threatens public health or safety; or creates a public nuisance; or which has been abandoned is unlawful. The City is authorized to take all reasonable action including removal and/or destruction of any apiary, hive or colony which is deemed necessary._(Ord. No. 10241, § 11, 07 -08 -2013) Sec. 5 -12 through See. 5 -14 Reserved for Future Use. Article 3. Animal Care Rules and Regulations." Sec. 5 -15 Adequate Shelter, Food and Water to be Provided 23 Every owner or keeper of an animal kept in the city shall see that such animal: (a) See that such animal is kept in a clean, sanitary and healthy manner and is not confined so as 21 A current "List of Assistance for Beekeeping in Indiana" may be accessed at www.in.gov /dnr /entomolo /files /ep- indiana beekeeping information .pd 22 Indiana Code § 3546 -3 -0.1 through Indiana Code § 3546 -3 -15 set forth the State of Indiana's laws addressing "Offenses Relating to Animals ". " Indiana Code § 35- 46 -3 -0.5 defines neglect of an animal. Substitute Bill No. 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 20 to be forced to stand, sit or lie in its own excrement; the ) responsible r - aninia ( shall regularly and as often as necessary to prevent odor or health and sanitation problems, maintain all animal areas or areas of animal contact. -and (b) See that such animal has food that is appropriate for the species in adequate amounts to maintain good health, fresh potable drinking water where appropriate, shelter and ventilation, including quarters that are protected from excessive heat and cold and are of sufficient size to permit the animal to exercise and move about freely. (c) If the animal(s) is kept in an outdoor enclosure see that the enclosure is at least five (5) times the length of the animal's body so that the animal(s) may exercise and move freely and includes adequate shelter as defined in this Chapter. Sec. 5 -16 Medical and Grooming Care Requirements. (a) Every owner or keeper of an animal shall see that any animal in their control and custody receives proper veterinary care as necessary to treat illness, disease or injury to prevent the transmittal of disease, to be vaccinated as required by law in order to promote humane animal health. (b) Any animal deemed by the SBACC staff to require medical evaluation must be evaluated by a licensed veterinarian to maintain humane care. Any treatment necessary shall be at the discretion of the veterinarian. Proof of compliance must be provided. (c) Any owner keeping an animal requiring grooming deemed by SBACC staff to maintain humane standards of care must show proof such grooming has been completed.14 Sec. 5 -18 Removal of Excrement Required. (0 Persons responsible for an animal shall immediately remove the animal's excrement nuhlie lands er fro ffi the p -epeAy e f a,ether excepting a person ..-long with requiring a certified service dog. Sec. 5 -19 Acreage Requirements for Certain Domestic Animals and Fowl. (a) Any person desiring to raise any of the following -named domestic animals or fowl must have a minimum of five (5) acres of land: 24 htto: //v w .animalsheltering.org/resources/magazine/iul aug 1998 /tufts animal condition body pdfl Substitute Bill No. 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 21 (1) Cattle, ox or other livestock (2) Donkey, ass, burro, mule (3) Pig, swine, hog, pot- bellied_pig (4) Sheep (5) Goats (6) Roosters, geese, turkeys, ducks or other fowl, not including Urban Chickens or racing/homing pigeons (7) Bison (8) Llamas (9) Horses (10) Not including rabbits. The maximum number of such animals which may be maintained on such property shall be determined based on current animal husbandry and veterinarian standards. (b-) Any person desiring to raise rabbits as pets or racing or homing pigeons within the city limits must keep such animals and birds in safe and sanitary conditions so that a public nuisance as defined in this Chapter is not created. (-c) In no event shall the shelter and feeding area for any of the animals or fowl listed in this section be closer than fifty (50) feet from the an adjoining property line. (Ord. No. 7505 -85, § 1; Ord. No. 8467 -94, , § 6; Ord. No. 8667 -96, , § III, Ord. no. 10213 -13, , § I; 01- 14 -13; Ord. No. 10241 -13, , § 1, 07- 08 -13). Sec. 5 -20 Urban Chicken Regulations. Iffill _ , Substitute Bill No. 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 22 (e) (a) Anyone desiring to raise one (1) or more urban chickens within the city limits must file an application for an Urban Chicken Permit with the Division of Animal Care and Control in the Department of Code Enforcement and pay an annual filing fee of twenty dollars ($20.00), if provisions for the chickens are deemed acceptable after inspection by the Division of Animal Care and Control and the application is approved. If the application is approved, the owner/harborer of the chickens) will receive a durable metal tag, which must be affixed in plain view to the chicken coop. At the end of each calendar quarter, the Division of Animal Care and Control shall provide to the Office of the City Clerk an electronic report summarizing: the residential street location, number of urban chickens at each such location, size of the chicken coop and size of the chicken pen for each location which has been issued such a permit. The Division of Animal Care and Control may deny or revoke a permit to any person who has failed or refused to comply with the.permit requirements, who has made any fraudulent or false statement or material representation in the permit application or in connection with the keeping of urban chickens, who has violated a state or any provision of this Code in connection with the application or keeping of urban chickens or who has kept urban chickens or other animals in such a manner as to constitute a breach of the peace or a menace to the health, safety or welfare of the public. Upon denial or revocation of a permit, the Law Department shall provide notice to the permit applicant or holder and shall provide for a written appeal and hearing pursuant to the procedures in Section 4 -16 of this Code. (€) f�) Anyone desiring to raise one (1) or more urban chickens within the city limits must comply with the animal care regulations set forth in this Chapter 5, and the requirements applicable to chickens incorporated into Chapter 21 of this Code. (g) -(c) The Department of Code Enforcement shall be responsible for the enforcement of this section. The Department of Code Enforcement shall also comply with the duties set forth in Subsection 5 49(d) 5 -- of this Code in carrying out the duties set forth in this Section which require the filing of a summary list of all warning notices and citations issued by the last Friday of each month with the Law Department the Chairperson of the Health and Public Safety Committee, the Chairperson of the Residential Neighborhoods Committee, the Office of the City Clerk, and the Animal Control Commission. (Ord. No. 10213 -13, § II, 1- 14 -13) Sec. 5 -21. Restraint of Animals Required; Limited Exception for Off -Leash Dog Run Park. (a) All animals that are the property of an owner /guardian shall be properly restrained as defined in Section 5 -2 of this chapter. (b) Any owner /guardian who takes his/her dog(s) to an off -leash dog run park must comply with the regulations governing that location. Substitute Bill No. 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 23 See. 5 -22. Fastening Animals with Rope or Chain; Choker Collar. zs (a) No animal shall be hitched, tied or fastened by any rope, chain or cord that is directly attached to the animal's neck. If animals must be tied, hitched or fastened: (1) The length of the rope, chain, or cord must be no less than three (3) times the length of the animal and of an appropriate length for the animal to move freely without risk of injury; and (2) The weight of the rope, chain or cord is light enough to permit the animal to move freely without risk of injury; and (3) The collar and rope, chain, or cord cannot cause the animal to choke; and (4) A properly fitted collar or harness made of leather or nylon, not of the choker type is worn by the animal. This is not to prohibit the proper use of choker collars in the training of animals26; and (5), The tying device shall be attached to the animal's leather or nylon collar or harness and must have a swivel device on both the anchor and collar end to prevent tangling; and (6) The location of the anchor and the length of the rope, chain, or cord, cannot cause the animal to become tangled, choke, or become injured; and (7) The animal must have access to water and shelter at all times. (b) No person shall chain their dog using an agitation collar; a collar exceeding 1 % inches wide for any dog under 60 pounds. Dogs over sixty (60) pounds shall not be tethered using a collar exceeding 2 inches (2 ") in width. (c) A person shall not tether an animal in a manner that permits the animal to leave the person's property. (d) Tethering. It shall be unlawful: (1) For any dog to be tethered between the hours of 11:00 p.m. and 6:00 a.m. (2) To tether any unsterilized dog for any period of time. 21 Indiana Code § 3546 -3 -0.5 addresses the use of a rope, chain or tether. 26 See: httT)7//www.htimanesociety.org/animals/dogs/tips/collars.htmi. Substitute Bill No. 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 24 (3) To tether or confine a dog at aTaearn an unattended structure or premises for any purpose when it is not monitored by an adult owner or guardian who is present at the property for the duration of such tethering or confinement. (4) To tether a dog under six (6) months of age. (5) For more than three (3) dogs to be tethered simultaneously at the same residence. (6) To have contact between tethered dogs. (7.) For tethered dogs to be within three feet (3') of another person's property, public thoroughfare, and /or right -of -way. (8.) To tether a dog without access to adequate shelter at all times. (e) Multiple tangling during tethering. If one (1) or more dogs at a residence have required a response from the Division of Animal Care and Control to untangle tethers more than two (2) times in one year, it shall be a violation of this Section. See. 5 -23 Cruelty to Animals Prohibited?? (a) No person shall beat, cruelly treat, neglect, torment, overload, overwork, or otherwise abuse any animal except that reasonable force may be employed to drive off vicious or trespassing animals. (b) No animal shall be left unattended in a vehicle when the conditions in that vehicle would constitute a health hazard to the animal. C,...aitis ,; inel de but , - (c) No person shall transport any animal in an imenclosed truck bed or open portion of any vehicle unless the animals is enclosed in a cage which is securely fastened to the vehicle. See. 5 -24 Animal Hoarding Prohibited. It shall be a violation of this section to be an Animal Hoarder as defined in Section 5 -2 of this Chapter. 27 Indiana Code § 3546 -3 -0.5 defines "abandon, beat, mutilate, neglect, and torture" of an animal. Versions A and B of Indiana Code § 3546 -12 addresses the torture or mutilation of a vertebrate animal. Versions A and B of Indiana Code § 35- 46 -12.5 address domestic violence animal cruelty. Substitute Bill No. 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 25 Sec. 5 -25 Animal Fights and Fighting Contests Prohibited." (a) No person shall permit or conduct any dogfight, cockfight, or other combat between animals or between animals and humans. (c) (b) No person shall attend an animal fighting contest. (d) Le) No person shall sell, purchase, own, harbor, give away, barter, breed, or possess any animal for animal fighting. (e) fdd) No person shall permit anyone to use any building, shed, room, yard, ground, premises, vehicle or property, whether enclosed or not for the purpose of animal fighting. (f) Lel No person shall aid, abet, assist, act as judge or referee, bet or wager money or other valuable consideration on the outcome of, be at, attend, or in any way engage in the furtherance of, an exhibition of animal fighting. Sec. 5 -26 Prohibited Animal Events. No person or group of persons or any organization, whether for pay or other compensation or for free promotional purpose, shall conduct or allow any event involving contests between animals or persons using animals in any form or manner that threatens public safety or the safety, well- being, and comfort of the animals involved. Sec. 5 -27 Poisonous Bait Prohibited. It shall be unlawful for any person to throw or deposit any known poisonous substance, whether mixed with food or not, in any of the streets, alleys, parks, commons, yards, or other places, whether public or private, so that it shall be likely to be eaten by any animal; provided, that it shall not be unlawful for a person to expose on his own property common rat or mouse poison, unmixed or mixed only with vegetable substances, or substances for the eradication of termites or similar insects. "Indiana Code § 3546 -3 -8 through Indiana Code § 3546 -3 -10 set forth the Indiana state law provisions addressing animal fighting contests which new regulations taking effect on July 1, 2014. Substitute Bill No. 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 26 Sec. 5 -28 Enticement of Another Person's Animal Prohibited. (a) It shall be unlawful for a person, not so authorized, to enter or invade the private premises of another person in the city to capture, entice, or take any animal out of the enclosure or premises of the owner, community cat caretaker its owner- keepefz (b) Except as expressly authorized in this Chapter, it shall be unlawful for a person to entice any animal away from the premises of the owner or community cat caretaker (c) It shall be unlawful for a person to bring into the city an animal for the purpose of its impoundment, or the collection of any fee or reward for its return, except as provided in this Chapter. Sec. 5 -29 Interference with Another Person's Animal Prohibited. It shall be unlawful for a person to feed, tease, tantalize, molest, or provoke any animal in the city without the express consent of the animal's owner, if any, while the animal is on the owner's property or under the owner's control. A person who violates this section shall be punishable as provided in Section 5 -111 of this Chapter; provided, however, a fine imposed for any such violation shall not be less than fifty dollars ($50.00). Sec. 5 -30 Offensive Use of Animal Prohibited. It shall be unlawful for a person willfully to deposit a live or dead animal upon public or private premises not owned by that person, or willfully to throw a live or dead animal against any other person, or aid or abet another person in doing so. Sec. 5 -31 Abandonment of Animal(s) Prohibited. It shall be unlawful for a person to abandon or cause to be abandoned any animal on public or private property and a violation of this section shall be punishable as provided in Section 5 -111 of this Chapter; provided, however, a fine imposed for any such violation shall not be less than five hundred dollars ($500.00). Actions taken by colony caretakers in accordance with this chapter shall not be considered abandonment of an animal. Substitute Bill No. 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 27 Sec. 5 -32 Trapping and Free Reaming t— Wildlife Regulations. The following regulations apply to animal traps; their requirements, prohibitions, and the managed management of free - roaming cats: (a) It shall be unlawful for a person to use, place, set or cause to be used, placed, or set any leg -hold trap or similar device upon any land or waters. (b) It shall be unlawful for a person to use, place, set or cause to be used, placed or set any snare, net or other device which causes the trapping or capturing of any animal in any manner by which the animal is not either captured painlessly or killed instantly upon any land or waters. (c) It shall be unlawful for a person, having placed a lawful trap, snare or similar device, to capture wildlife, to fail to inspect and empty it at least once during every twenty- four -hour period. mi"ifflum of evefy twe (2) hours to ensufe the safety ef the eat(s), having plaeed a lawful tfap, snare or sifailar deviee, te eapture free roaming eats fer the puqpese of tmp, neuter-, rvtum of ethei-- medieal (f) The Division E)f Animal Cafe and Gentfol, in efder neour-age the stabilizatien E)f the free . (1\ T« p. h - \ / �Y � «7 'rte , (2) Have the eat sur-gieally St-414-4 1: ..., -ate ,7 zuii� inxa and vaeeinated against r-abies by -a (3) Release the eat to the Divisien of Aniffial Care and Centre! fer adeptien er- edlef as Pint of a managed 1 J ef eemmunity en4s. Cat ninst >_ possible to its leeation ef eaptere unless illness (g) Traps diseevered by the Division of Animal Care and Gentfol to have been unlawfully et...u� - Sec. 5 -33 Public Nuisance Animal Prohibited. No person shall own or harbor a public nuisance animal as defined in this Chapter. Substitute Bill No. 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 28 Sec. 5 -34 Animals as Prizes or Inducements Prohibited. (a) No person shall sell, offer for sale, trade, barter, or give away any live animal as a prize. (b) No animal shall be used as an inducement to enter, a place of amusement or any business establishment other than establishments whose primary business is selling animals except for domesticated pets. (c) Governmental agencies or registered rescue groups maintaining a 501 C3 providing health, safety, or adoption promotions will be exempt from the provisions of subsection (a) as described above. Any events as listed in (a) will require necessary permits and inspection. (d) Patron contact with exotic and /or potentially dangerous animals prohibited. Sec. 5 -35 Dyeing or Staining Animals Prohibited and Selling Animals as Novelties Prohibited. (a) It shall be unlawful for a person to sell, trade, barter, or otherwise dispose of any animal whose appearance has been artificially or chemically colored, sprayed or painted. (b) No person or establishment shall sell, offer for sale, barter, or give away animals as novelties. Sec. 5 -36 Notification of Injury Caused by Motor Vehicle to Animals Required. Any person operating a motor vehicle who causes injury or death to an a domestic animal or large wild animal which may cause a public safety hazard shall stop at once, assess the extent of injury, and immediately notify the owner or animal control shelter of the location of animal or call the police or emergency services after hours. Sec. 5 -37 Notification of Lost or Stray Animals Required. (a) Persons finding a stray animal are to notify the Division of Animal Care and Control within 24 hours (or within the next business day). At the discretion of the Division, the animal may be kept by the finder and a found report left with the department, to enable the finder an opportunity to return the animal to its rightful owner. (b) Upon demand by the Division of Animal Care and Control, any found animal will be surrendered to the Division and held for three (3) business days, before a disposition is made. (c) Persons finding an animal are obligated to comply with all rules and regulations of this Chapter pertaining to humane care and treatment of animals, while said animal is in their custody awaiting return to its actual owner. Substitute Bill No. 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 29 (d) With the exception of the SBACC, the finder will be considered the found animal's owner for the purposes of this Chapter only after the animal is in the finder's custody for fifteen (15) continuous days and has been presented for microchip scanning. Sec. 5 -38 Potentially Dangerous Animals. (a) If an animal control officer or a law enforcement officer has investigated and determined that there exists probable cause to believe that an animal is potentially dangerous or vicious, the Shelter Manager of South Bend Animal Care and Control (SBACC) shall request a hearing by the Animal Control Commission for the purpose of determining whether or not the animal in question should be declared potentially dangerous or daxgerexs vicious. (1) Whenever possible, any complaint received from a member of the public which serves as the evidentiary basis for finding probable cause shall be sworn to and verified by the complainant and shall be provided to the Animal Control Commission. (2) The hearing will be held within ten (10) calendar days at a special meeting of the Animal Control Commission and shall be open to the public.29 (3) The owner /guardian of the animal shall be served with notice of the hearing by certified mail or in person. Such notice shall include a summary of the complaint against the owner /guardian of the animal(s) involved. (4) The Shelter Manager of South Bend Animal Care and Control (SBACC) shall notify the owner /guardian of the animal of the date and time of such hearing, at which time he or she may present evidence as to why the animal should not be declared potentially dangerous or vicious. (5) a. Such evidence may include eyewitness testimony of the incident; or b. Evidence that the action of the animal and the damage sustained by the person or other animal could have reasonably been expected to occur given the circumstances of the event. Such circumstances may include, but are not limited to: willful trespass upon the owner /guardian's property; teasing, tormenting, abusing or assaulting the animal; and /or attempted abuse or assault upon the owner /guardian. 2 Indiana Code § 5- 14 -1.5 -5 of the Indiana Open Door Law requires forty -eight (48) hour notice before a meeting. 3rd Substitute Bill No. 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 30 (5) The Animal Control Commission may consider all relevant evidence, including incident reports, affidavits of witnesses, photographs and/or video media, and whether the incident reasonably indicates whether or not the animal in question is potentially dangerous and /or vicious in ordinary circumstances where the average person could not reasonably be expected to foresee and take measures to prevent injury. (6) If the owner /guardian of the animal fails to appear at the hearing, the Animal Control Commission may find owner /guardian in default, and all ownership rights of the animals shall be assumed waived. (7) After the hearing, the owner /guardian of the animal shall be notified in writing of the determination by certified mail or in person. a. If a determination is made that the animal is potentially dangerous or vicious, the owner /guardian shall comply with this section's requirements for restraint in accordance within seven (7) days after the date of the determination. b. An animal determined to be vicious may shall be destroyed euthanized by the South Bend Division of Animal Care and Control when it is found by the Animal Control Commission that the release of the animal would create a significant threat to the public health, safety, and welfare. c. If it is determined that an animal found to be vicious shall not be destroyed euthanized, the Animal Control Commission may impose reasonable conditions upon the ownership of the animal that protect the public health, safety and welfare, which are consistent with the Chapter. d. Decisions of the Animal Control Commission are subject to appeal to the Circuit Court of St. Joseph County. The Owner /Guardian of the animal(s) must do so within ten (10) calendar days, or they will waive their right to the appeal, and all decisions will be considered final. The Owner /Guardian must also notify the Animal Control Commission of their decision to appeal in writing, which will then be forwarded to the Legel Law Department for the City of South Bend. (b) If, upon investigation, it is determined by the animal control officer or law enforcement officer that probable cause exists to believe the animal in question poses an immediate threat to public safety, then the animal control officer or law enforcement officer may seize and impound the animal pending the hearing to be held pursuant to this section. The owner /guardian of the animal shall be liable to the City of South Bend Division of Animal Care and Control where the dog is 3rd Substitute Bill No. 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 31 impounded for the costs and expenses of keeping the animal, if the animal is later declared potentially dangerous or vicious. 30 (c)A potentially dangerous animal, while on the owner /guardian's property, shall, at all times, be kept indoors, or in a secured enclosure that is enclosed on all five (5) sides and is anchored to the ground from which the animal cannot escape, and into which children cannot trespass. A potentially dangerous animal may be off the owner /guardian's premises only if it is muzzled and restrained by a siAstaxtial leash, of no more than six feet (6') in length, and if it is under the control of a responsible adult. Sub - paragraphs (1) through (8) of paragraph (d) set forth below shall be required conditions except for the length of leash. (d)An animal that has been declared vicious may not be kept on a porch, patio or in any part of a house or structure that would allow the animal to exit such building on its own volition, except to a secured enclosure. When outside, all vicious animals must be confined in a secure enclosure, that is enclosed on all five (5) sides and is anchored to the ground from which the animal cannot escape, except when necessary to obtain veterinary care, or in cases of emergency where the situation would endanger and/or threaten the health and welfare of the animal. (1) All such enclosures must be adequately lighted and ventilated and kept in a clean and sanitary condition. (2) The enclosure shall have secure sides and a secure top and bottom to prevent the animal from escaping over, under, or through the structure, and shall be anchored to the ground to prevent escape. (3) The enclosure shall be kept locked at all times to prevent unintentional opening. (4) The enclosure shall include suitable shelter and protection from the elements, and shall provide adequate exercise room, light, ventilation, and sanitation. (5) The enclosure shall be inspected and approved by the City of South Bend Division of Animal Care and Control prior to its usage for confinement. (6) Whenever necessity requires a vicious animal to be outside of the enclosure, the animal shall be securely muzzled and restrained by a leash not exceeding three feet(Y) in length, with handgrip, and shall be under the direct control and supervision of the owner /guardian of the animal. (7) That the owner /guardian shall maintain a liability insurance policy of no less than $300,000 for the animal. "Indiana Code § 15- 20 -1 -7 authorizes the impoundment of animals where there is probable cause. Substitute Bill No. 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 32 (8) The animal must also be identifiable via a microchip implanted in to the skin of the animal, and such microchip number must be provided to the Division of Animal Care and Control. (e) The owner /guardian of a potentially dangerous or vicious animal shall display clearly visible warning signs on all entry points to the premises on which the animal is maintained warning that a potentially dangerous or vicious animal is being harbored on such property. In addition, at least one sign shall be posted on the enclosure in which the animal is maintained. Signs must inform both children and adults of the presence of a potentially dangerous or vicious animal on the property and be viewable from the public way and neighboring property from a distance of at least fifty feet (50'). (f) Any animal classified as potentially dangerous or vicious shall not be used for breeding and shall be altered by a licensed veterinarian within fourteen (14) days of such classification unless: (1) A licensed veterinarian certifies in writing that the animal is incapable of reproduction; or (2) A licensed veterinarian certifies in writing that altering the animal would be injurious to the animal's health; provided, however, that if the health condition of the animal is of a temporary nature, then the animal shall be altered immediately after the health condition has been corrected. (3) If the animal in question dies, or is sold or transferred, the owner /guardian shall notify the City of South Bend Division of Animal Care and Control of the changed condition and new location of the animal in writing within two (2) business days. (4) Any violation of the above provisions and /or restrictions placed on the owner /guardian by the Animal Control Commission will result in immediate impoundment of the animal, fines to be issued in accordance with Section 5 -106 of this Chapter, and ownership rights in the animal be immediately waived. The City of South Bend Animal Care and Control may also seek injunctive relief in a court of law against the owner /guardian and seek prohibition of ownership of animals for a time period deemed necessary by the court. (5) An owner /guardian may submit one request for reconsideration per year to the Aanimal Ceontrol Ceommission to have the designation of potentially dangerous or vicious removed from his or her animal. a. The application must be in writing. b. The application must be filed 4e with the City of South Bend Division of Animal Care and Control. 3rd Substitute Bill No. 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 33 c. The application shall include detailed information about how the change in circumstances or measures taken by the owner /guardian, such as obedience and /or behavior modification training of the animal, have mitigated the risk to public safety. d. The Animal Control Commission has the authority to hear evidence, both pro and con, as to whether and why the designation should or should not be removed. e. There shall be no complaints of a valid nature at the address of the owner /guardian regarding this animal or any other animal. f. The Animal Control Commission may make a decision to remove or not to remove such designation. (g)Due to the overriding public health and safety concerns of potentially dangerous animals the provisions of this section are purposely intended to be reasonable yet more restrictive If a conflict arises the provisions of this section shall prevail due to the public health and safety concerns. See. 5 -39 Biting Animals; Report; Procedure 31 (a) Owner or harborer of any animal which has bitten a person or another animal must report the incident to the St. Joseph County Health Department and the Division of Animal Care & Control and immediately make the animal available for quarantine. Upon receiving the report of a bite, Department of Animal Care & Control will quarantine the animal for ten (10) days with the place of confinement to be in the discretion of the Division of Animal Control. During the quarantine period, the animal is to be securely confined and kept from contact with any other animal or person. (b) During the quarantine period, the owner must provide a current rabies vaccination certificate for his or her cat or dog that is being quarantined. If proof of vaccination cannot be supplied, the animal will be vaccinated by a veterinarian at the owner's expense before after release, and the owner must provide the Animal Control Commission with name, address and phone number of the veterinarian performing the rabies vaccination, which will be verified before the animal can be released to the owner. 32 (1) If the animal is quarantined at the shelter, a microchip shall be implanted in it prior to its release from quarantine. The animal shall be registered for its life with the Division of Animal Care and Control. The cost of the implant shall be at the owner's expense before release. (2) If the animal is quarantined in a place other than the shelter, as determined by the Division of Animal Care and Control, a microchip shall be implanted in it within " Indiana Code § 15- 20 -1 -1 through Indiana Code § 15- 20 -1 -7 set forth the state laws addressing "Liability for Dog Bites ". is Indiana Code § 15- 17 -6 -1 through Indiana Code § 15- 17 -6 -14 sets forth the state law addressing rabies, quarantine, vaccination orders, the role of the County Health Officer and Sheriff, impounding areas, emergency orders and local ordinances Substitute Bill No. 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 34 thirty (30) days following the animal's release from quarantine. The animal shall be registered for its life with the Division of Animal Care and Control. The cost of the implant and registry shall be at the owner's expense. (3) The microchip, used for these quarantine provisions, shall be numbered. This number will provide entry into a data base that contains the animal's bite history. The microchip shall be contained in a sterilized implanting device and shall be individually packaged. (4) The microchip and its corresponding registration history shall be considered prima facie evidence for any future dangerous animal determination in accordance with Section 5 -38 of this Chapter, addressing potentially dangerous animals. (c) No person other than an Animal Control Officer or veterinarian shall kill euthanize or cause to be killed euthanized any animal suspected of being rabid except in cases of immediate self - protection. If that occurs, the person will retain the body and immediately notify the Division of Animal Care and Control. (d) Violations of these quarantine provisions shall constitute a Class A offense and may subject the responsible party to civil penalties under Section 5 -111. See. 5 -40 Exotic Animals and Native Wildlife. (a) No wild or exotic animal shall be kept within the city without the necessary state and /or federal permits. (b) No person shall keep, shelter, harbor, buy, sell, or trade within the city a dangerous wild animal or a dangerous exotic animal as defined in this Chapter except as provided in paragraph (c) below. (c) This section shall not apply to permitted zoological parks or zoos, educational, or medical institutions. (d) Any animal found in violation of this Section may be seized immediately in accordance with Indiana state code and Department of Natural Resources regulations. (e) The animal will be held in protective custody for seven (7) calendar days to allow an owner to locate a new and appropriate owner or housing for the animal outside the city limits. If no arrangements have been made in seven (7) calendar days the animal will become the property of the city and disposition may be made at that time. Substitute Bill No 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 35 (f) Costs. The owner of any animal, which is impounded and/or euthanized or relocated under this Section, shall be held responsible for payment of any expenses so incurred by the Division of Animal Care and Control. Fees will be paid prior to release or relocation of the animal. The housing and rehabilitation of native wildlife on public or private land shall be by a state, and /or federally, permitted or sub - permitted entity or individual. The permitted housing or shelter of wildlife for the purpose of rehabilitation or rescue shall not be any less than twenty feet (20') from neighboring property. Disease vectors such as raccoons and opossums are not permitted to be rehabilitated inside city limits. See. 5 -41 Training Methods. No animal may be induced or encouraged to perform through the use of chemical, mechanical, electrical, or manual devices in a manner which will cause or is likely to cause physical injury or suffering. See. 5 -42 Destruction of Animals 34 (a) All animals impounded by South Bend Animal Care and Control, a public or private sheltering agency or rescue group shall be killed euthanized, only when necessary and consistent with the requirements of this Chapter by lethal intravenous injection of sodium pentobarbital, except as follows: (1) Intraperitoneal injections may be used only under the direction of a licensed veterinarian, and only when intravenous injection is not possible for infant animals, companion animals other than cats and dogs, or in comatose animals with depressed vascular function. " Indiana Code § 15- 20 -1 -5 Version A is in effect until July 1, 2014 and Indiana Code § 15- 20 -1 -5 Version B takes effect July 1, 2014 which set forth "wolf hybrid and coydog liability; criminal offenses ". 1 34 Indiana Code § 3546 -3 -5 lists as an exception "destruction of an animal by an animal control program, including an animal control facility, an animal shelter, or a humane society ". Substitute Bill No. 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 36 (2) Intracardiac injections may be used only when intravenous injection is not possible for animals who are completely unconscious or comatose, and then only under the direction of a veterinarian. (b) No person other than a duly authorized agent of the animal control shelter may destroy euthanize any domestic animal within the city limits; provided, however, this provision shall not apply to the following: (1) A licensed veterinarian, (2) A veterinary staff member under the direct supervision of a veterinarian (3) Those persons acting in immediate self- protection. (c) The Division of Animal Care and Control, other animal shelters, and /or public animal facilities which destroy animals in the city, shall use only sodium pentobarbital or a derivative substance for said purpose. (d) The duly authorized animal control agent(s) must be trained in humane procedures by a licensed veterinarian or a registered veterinary technician and shall perform the destruction of animals in a humane manner as specified by the American Veterinary Medical Association AVMA's Guidelines for Euthanasia. 35 Said person(s) must have letter from a licensed veterinarian citing their competency in humane euthanasia procedures and must be evaluated by a licensed veterinarian on a yearly basis. (e) No animal's body shall be disposed of until all vital signs are checked (fixed pupil, cessation of heartbeat and respiration) to assure that death has occurred. (f) No animal shall be allowed to witness any other animal being killed euthanized or being tranquilized /sedated for the purpose of being killed euthanized or see the bodies of animals which have already been killed euthanized. (g) Animals shall be sedated /tranquilized as necessary to minimize their stress or discomfort, or in the case of vicious animals, to ensure staff safety, except as follows: 04 neuromuscular blocking agents shall not be used as sole agent. (h) Following their injection, animals shall be lowered to the surface on which they are being held and shall not be permitted to drop or otherwise collapse without support. (i) An animal may not be left unattended between the time procedures to kill the animal are commenced and the time death occurs, nor may the body be disposed of until death is verified. 35 The "AVMA Guidelines for the Euthanasia of Animals: 2013 Edition" consists of 102 pages and may be accessed at httt)s://www.avma.org/kb/policies/documents/euthansia.pd f Substitute Bill No. 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 37 (j) Verification of death shall be confirmed for each animal in all of the following ways: (1) By lack of heartbeat, verified by a stethoscope; (2) By lack of respiration, verified by observation; (3) By pale, bluish gums and tongue, verified by observation; and (4) By lack of eye response, verified if lid does not blink when eye is touched and pupil remains dilated when a light is shined on it. Sec. 5 -43 Habitual Animal Offender. (a) It shall be unlawful to be a habitual animal offender. For the purposes of this Section, an habitual animal offender shall mean any animal owner or harborer, who within any two- year period is cited with three (3) or more violations of animal care regulations of this Chapter. The controlling date is the date of each animal ordinance violation. (b) If upon investigation by an Animal Control Officer it is found that an owner and/or harbor meets the definition of a Habitual Offender, the matter will be set for hearing before the Animal Control Commission. (c) If found to be a habitual animal offender the Animal Control Commission may order a limit, restriction, or prohibition against animal ownership for a minimum of five (5) years or more as determined by the Animal Control Commission based on the totality of the circumstances of the violations observed. Sec. 5 -44 Free Roaming Cat Trap- Neuter Return Regulations. (dja) It shall be unlawful for a person to fail to inspect and care for the captured free - roaming cat a minimum of every two (2) hours to ensure the safety of the cat(s), having placed a lawful trap, snare or similar device, to capture free - roaming cats for the purpose of trap, neuter, return or other medical care. (e� b) It shall be unlawful for a person to remove an animal from any trap not on the person's property, unless such person has the express permission of the property's owner to do so. O)LcZThe Division of Animal Care and Control, or a community cat caretaker or a trap /neuter return organization, in order to encourage the stabilization of the free - roaming cat population may: 1. Trap any free- roaming cat in a humane manner; and 2. Have the cat surgically sterilized, ear- tipped, and vaccinated against rabies by a licensed veterinarian; and 3. Release the cat to the Division of Animal Care and Control for adoption or other disposition in accordance with law, or to a colony caretaker who will maintain the cat as part of a managed colony of community cats. Cat must be returned as close as possible to its location of capture unless illness or injury presents imminent danger to the animal. Substitute Bill No. 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 38 (g)(!dl Traps discovered by the Division of Animal Care and Control to have been unlawfully set may be seized. See. 44 Sec. 5 -45 Through Sec. 5 -49 Reserved for Future Use. Article 4. Pet Registration Requirements and Commercial Animal Permits Sec. 5 -50 Pet Registration Required; Exception; Tags; Microchip Implant. (a) Any person owning, keeping, harboring or having custody of any dog or cat over the age of six (6) months must obtain a pet registration for such animal; provided, however, that no pet registration shall be required of any animal welfare organization, municipal animal control facility or governmental agency, or guide dog. (b) A durable tag stamped with registration number will be provided to pet registration holders the first time the dog or cat is registered. Each subsequent year, the dog or cat must be registered; however, a new tag will not be issued. The registration will be on file with SBACC and proof of payment /registration will be provided to the owner. Dogs and cats should wear their tags at all times on their collars, except when involved in any organized show, obedience demonstration, training situation or under the care of a licensed veterinarian. (c) Any person owning any dog or cat which has been implanted with a microchip shall transfer the microchip documentation with the Division of Animal Care and Control and national registry upon sale, trade, barter, gift or transfer of an animal. Any animal received by South Bend Animal Care and Control with an untraceable tag or microchip due to an owners failure to keep contact information current for tracing with Animal Control, a national registry, or the veterinarian will be held three (3) business days prior to disposition. (d) Annual pet registrations are non - transferable. Sec. 5 -51 Application for Registration or Permits. (a) Application for registration or permits may be made at the Division of Animal Care and Control or designated facility, or by mail, and shall include the name, address of applicant, type of permit applied for, number and description of animal(s), information regarding sterilization, a list of all vaccinations administered, if known; the date and type of vaccinations and the name of the person, business, or entity who administered them, if known, a record of any known disease, illness or condition with which the animal is or has been afflicted; and record of any veterinary treatment or medication received by the animal and appropriate fee. (b) Registration and permits are to be issued for a term of one (1) year, commencing with the date of issuance. Microchip implants may be registered for the life of the animal with the Division of Animal Care and Control. Owners must contact the Division of Animal Care and Control with changes Substitute Bill No. 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 39 of address or telephone. Failure to keep contact information current may result in the inability of the Division to contact an owner. Animals will be held three (3) business days prior to disposition. The Division of Animal Care and Control will consider the registered microchip and/or tag owner to be the legal owner. (c) Upon issuance, the Division of Animal Care and Control shall issue a registration or permit in written form, which includes the number of the registration or permit and the type of registration or permit. In addition, the Division of Animal Care and Control shall issue a durable tag stamped with registration number to pet registration holders the first time the dog or cat is registered. Additionally, a durable tag will be issued for an animal that has received a microchip implant upon national registration by the pet owner. The tag will have a corresponding number to that of the implanted microchip and will display a national, toll free, 24 hour, seven Q days per week telephone number for the purpose of animal and owner identification. (d) The Division of Animal Care and Control shall maintain records of the identifying registration/ permit number. (e) It shall be unlawful for any owner of any dog or cat to fail to provide any dog or cat over the age of six (6) months with current pet registration as provided in this Section. The owner of any dog or cat, which dog or cat is over the age of three (3) months, must also have in his possession a current rabies vaccination tag showing that such animal has been vaccinated against rabies as otherwise provided in Sec. 5 -75. Any owner of such animal who moves into the city for purposes of establishing a residence or residing or who becomes a resident as result of annexation shall have thirty (30) days in which to obtain the permit required by this Chapter. Sec. 5-52 Fees. auau uo va31u rrom januga 1 ana end December 31. In addition to all other fees required by law to be paid, the following fees shall be paid to the Citv: 36 The Indiana State Board of Animal Health sets forth the Indiana Rabies laws and regulations. Rule 5 Section 1 of "Rabies Immunization" is codified at 345 Indiana Administrative Code 1-5-1. Substitute Bill No. 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 40 Pet owners who have all of their does /cats altered shall be entitled to register their altered animals for a Residential net Registration for All Altered Animal Non - Commercial Site Permit Such hermit may be issued upon the owner signing an affidavit under pains and penalties for periury, which verifies the altered animal status of each animal and which requires the owner to list the rabies vaccination number assigned to each altered animal which verifies that said rabies vaccination(s) are current for each such altered animal. The fees for Residential Pet Registration for All Altered Animal Non Commercial Site Permit shall be as follows: Altered Dog and /or Cat Ten (10) month weeks or older 37 Number of Altered Dogs and/or Cats Fee 1 $ 15.00 annually 2 -4 $ 25.00 annually 5 -8 $ 50.00 annually 99 -12 $ 100.00 annually 131316 $125.00 annually 171719 $150.00 annually All pet owners have the responsibility to keep all of the information which they provide on the aanplication for registration or permit which they provide to the Division of Animal Care and Control current, with any changes being required to be given upon the effect date of such change (b) Additional fees: (4) Replacement tags $5 00 roer tag (5) Late fee applied t t 30 a $5.00 r Late fee when more than thirty (30) days late $15.00 additional (0) Limited Exemptions: (6) 1. Threat to Health ofAnimal: Upon a written statement from a licensed veterinarian setting forth that the neutering of the animal shall constitute a threat to the health of that animal, the payment of the permit fee for unaltered animal shall not be required but the animal shall be classified as an altered animal for purposes of permit registration and fees. Registration at the altered tag price under this section will constitute agreement not to breed the animal. Doing so will result in fines. (7) 2. Service Animal Exemption: A person who is impaired by: a. Blindness or any other visual impairment; b. Deafness or any other aural impairment; C. A physical disability; or i7 In Rule 5, Section 2 of "Required Rabies Vaccination of Dods Cats and Ferrets" codified at 345 Indiana 4dministratii e Code 1 -5 -2 it specifically states in part that "...all does cats and ferrets three (3) months of afze and older must be vaccinated against rabies ", with revaccination of ferrets within twelve (12) months of the prior vaccination* and does and cats being revaccinated based on the rabies vaccine which was used requiring annual boosters or a booster 12 months later and tri annually thereafter, or within thirty -six (36) months. Substitute Bill No. 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 41 d. A medical condition or any other condition governed by the Americans with Disabilities Act (ADA) shall be exempt from the fees listed in this section for their service animal however registration of such service animal is required. (8) 3. Senior Citizen Exemption: Any cat or dog owner 62 years of age or older who owns an altered animal gray-- resei.,.e his gr h t r-egistfation f.__ _ f _, must register his/her altered animal with the fees for such altered animal being waived in their entirety. However, if the animal of any such person has not been sp"""'�r neuteredd, is not altered the person shall pay the same permit fee and be subjeet te the above pet registFation fees and eharges as this section. . shall be subiect to the listed fees and charges in (d) Non - Altered Residential Permits and Commercial Kennel /Cattery Permits. Any person having one 1 unaltered door or cat shall be subject to the following fees. All of the following permits must be obtained upon proof that each unaltered animal has a rabies vaccination number assigned to each unaltered animal which verifies that said rabies vaccination(s) are current for each such unaltered animal and will be reissued annually and all tags for animals registered under any permit will be issued with the permit: 1.Residential Unaltered Animal Ke : ;c;!Cu«, permit. a. 0— 1 Unaltered animal $ 50.00 - tivill r f :i b. 2 — J Y b 3 Unaltered animals $300.00 ( ll-- 4ags/individual anirnal No more than three (3) unaltered animals shall be Permitted in any one (1) property which is zoned residential. 2-Commercial Kennel /Cattery Permit. (Rased on a ,a.._,.., -- --- y and requires _,) After inspection(s) by the City and upon the owner Providing proof of prover zoning to operate such a business, the following fees shall be charged: a. 6 - 15 dogs /cats $150.00 16 - 25 dogs /cats $200.00 E 26 or more dogs /cats $250.00 (d)Each animal owned by the permit holder will be individually registered with the city; animals owned by clients of a boarding business will be registered by the permit holder's clients. (e) (e) Grooming Shop Permit. (�} Annual Fee: $100.00 and compliance with Section 5 -64. Substitute Bill No. 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 42 (d� (f ) Major Breeder's Permit. (0 Annual Fee: $200 plus any applicable kennel /cattery permit fee. (e) (g) Minor Breeder's Permit. Any owner or person having custody of a dog or cat which has been neutered within ten (10) weeks after giving birth to a litter or who turns the adult dog or cat over to the Division of Animal Care and Control within ten (10) weeks from the birth date of the litter, will be required to purchase a Minor Breeder Permit at the rate of $10.00. 2. Any owner or person having custody of a dog or cat that has delivered a litter, who chooses not to relinquish the animal to the Division of Animal Care and Control and also chooses not to have the animal neutered, will be required to purchase a Minor Breeder Permit at the rate of $100.00. 3. Plus any applicable site license, kennel /cattery permit fee. (13 1()i Pet Shop Permit. 1. Fee for shop selling animals with the exception of unaltered cats and dogs of any age shall be $250.00. 2. Fee for shop selling animals including unaltered cats and dogs of any age shall be $500.00. (i)Carnivals and Circus. Must comply with the provisions of Section 4 -22 of this Code (g) (i) Qreus, Animal Concession, Animal Event, and Commercial Animal Exhibit Permits. 1. Fee: $100.00 en r daX 2. Permits are to be issued for a tewm of ene (1) yea, on a per day event basis commencing with the date of issuanee the event. 3. Prior to engagements, the responsible person for the event must Pee -. it hohere will furnish to the Division of Animal Care and Control with a schedule of dates and times of exhibits of and performances so the Division of Animal Care and Control earx may perform periodic inspections. Compliance with Section 5 -66 of this Code shall be a condition of all permits being issued Substitute Bill No. 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 43 111 =1110,1011 N (W_kjAll commercial permits wi}I may be issued after completing a veariy inspection whereby appreved by the Division of Animal Care and Control verifies that the person applying for such commercial permit has met all applicable Code requirements. are mc4. PEef Sec. 5 -53 Permit Suspension. (a) Whenever an inspection indicates fraud, material misrepresentation or false statements or that the condition of a licensee's premises creates an imminent hazard to the public health or to the health of any animal in the licensee's care, the Director may immediately suspend the license and impound any animal in the licensee's care until such time that the conditions that caused the hazard are corrected. (b) Upon suspension of any license, all operations related to the license shall cease at once. The Director may cause a "notice of closure" sign to be conspicuously placed upon the suspended licensee's premises. It shall be unlawful for any person to remove a "notice of closure" sign placed on the licensee's premises unless authorized to do so by the Director. Sec. 5 -54 Appeals; Re- Inspections; Denials or Revocation of Permit. (a) Any person who is denied a permit or whose permit is revoked may appeal the denial or revocation in accordance with this section within sixty (60) days of the date of the denial or revocation of the permit. (b) The permit holder may request a re- inspection for permit reinstatement based on compliance or may appeal the SBACC revocation. All requests for appeals must be in writing and addressed to the Animal Control Commission; whereupon, the Commission shall set the appeal for hearing within forty -five (45) days of the receipt of the written request. (c) Upon re- inspection by SBACC following an appeal, a permit reinstatement fee of fifty dollars ($50.00) will be required prior to reopening. Substitute Bill No. 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 44 See. 5-55 Redemption of Impounded Animals Seized for Permit Denials, Suspensions or Revocation. (a) When the re- inspection indicates full compliance that the conditions that caused the denial, suspension or revocation have been corrected, the permit shall be restored and impounded animals that are in the care of SBACC at the time of full compliance may be redeemed. (b) Animals seized will be impounded by SBACC for no less than five (5) business days. After five (5) business days, seized animals will be considered unredeemed unless the SBACC and the licensee whose permit was denied, suspended, or revoked reach an agreement regarding the housing and care of the seized animals for the period in which the licensee is working to correct the conditions that caused the denial, suspension or revocation. (c) Any animal remaining unredeemed after the prescribed holding period shall at once become the property of SBACC (d) Upon redemption of seized animals, the licensee is responsible for fees associated with the housing and care of the seized animals. Sec. 5 -56 through Sec. 5 -59 Reserved for Future Use. Article 5. Commercial Animal Permit Regulations. Sec. 5 -60 Kennel/Cattery Permit Regulations. (a) Any person owning or harboring more than one (1) unaltered dog or one (Lunaltered cat over the age of six (6) months must apply for a kennel /cattery permit. (1) A resident exceeding one intact animal on the property may apply for a non - altered residential rennet permit. Applications will be followed by an inspection prior to issuance of the permit. Permits are valid for one year from date of issue and are the non - altered residential kennel permit holder's responsibility to renew. Residential kennel permits require eligibility and may be refused or revoked for cause. a. Initial application eligibility requires no more than three unaltered pets, no outdoor housing in the absence of the owner, suitable exercise space for the breed and number owned, no history of violations with SBACC, and all animals current on vaccinations. b. Cause for revocation may include but is not limited to: animals running at large, substantiated neighborhood nuisance complaints, failure to maintain current permits, breeding without a breeders permit and failing to maintain current rabies vaccine status. Substitute Bill No. 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 45 (b) Any person engaging in boarding dogs or cats for compensation must apply for a kennel/ cattery permit. (c) Grandfather Clause. Animals owned or harbored and exceeding the ownership limits of this section at the time of passage of this law may be registered with the Division of Animal Care and Control within minty (90) days of passage to be exempted from ownership limits. Animals owned or harbored in excess of these limits and not registered within this time frame will not be considered exempt. See. 5 -61 Major Breeders Permit. (a) A major breeder's permit shall be obtained by: (1) Any person who intentionally causes the breeding of more than one cat or dog or makes more than one cat or dog available for breeding purposes in a 12 -month period; and (2) Any person who offers for sale, sells, trades, receives other compensation or gives away more than one litter of dogs or cats in a 12 -month period; excepting a litter of dogs or cats taken to the Department of Animal Control. (b) Such person shall: (1) Not allow the birthing of more than one (1) litter per female dog or cat in a 12- month period; and (2) Furnish the Department of Animal Control with information on the birth of each litter of dogs or cats as may be required by Division of Animal Care and Control to register that litter of dogs or cats with Division of Animal Care and Control, and to be assigned a litter number for each litter; and (3) Further be required to register with the Division of Animal Care and Control the name, address, and telephone number of each buyer or new owner of any dog or cat sold or transferred within five days after the date of such sale or transfer; and (4) Transmit to the new owner or buyer the litter number of the animal acquired, and the major breeder's permit number in order that the new owner has assurance and proof that the animal was legally bred; and (5) Immunize all cats and dogs offered for sale, trade or other compensation or for free giveaway (except an animal taken to the Division of Animal Care and Control) against common disease; in the case of dogs, against canine distemper, adeno -virus parainfluenza, parvovirus, coronavirus, and leptospirosis, and in the case of cats, against feline rhinotracheitis, and panleucopenia; and (6) Not offer a puppy or kitten under the age of ten weeks for sale, trade, other compensation or for free giveaway (except a puppy or kitten or litters of them taken to the Division of Animal Care and Control); and (7) Furnish warrant of health for a period of not less than one (1) week with recommendation to have examined by licensed veterinarian for each animal sold. Substitute Bill No. 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 46 See. 5 -62 Minor Breeders Permit; Sale of Underage Animal Prohibited. (a) A minor breeder's permit shall be obtained by: (1) Any person who intentionally or accidentally causes the breeding of a cat or dog or makes a cat or dog available for breeding purposes; (2) Any person who offers for sale, sells, trades, receives other compensation or gives away any litters of dogs or cats; excepting a litter of dogs or cats taken to the Division of Animal Care and Control; or - (3) Any owner or person having custody of a dog or cat that has delivered a litter or caused the delivery of a litter, who chooses not to relinquish the animal to the Division of Animal Care and Control and also chooses not to have the animal spayed or neutered shall cause the animal to be implanted with a microchip and to register this dog or cat within 30 days of having received notice to accomplish this procedure from the Division of Animal Care and Control. (b) Such person shall: (1) Be allowed to breed only one dog or one cat which results in the birthing of a maximum of one (1) litter in a 12 -month period in his or any other domestic household or establishment or any combination thereof, and (2) Not be allowed to offer for sale, sell, trade, receive other compensation or give away more than one (1) litter of dogs or one (1) litter of cats in a 12 -month period; excepting a litter of dogs or cats taken to the Division of Animal Care and Control; and (3) Furnish the Division of Animal Care and Control with information on the birth of each litter of dogs or cats as may be required by the Division of Animal Care and Control to register that litter of dogs or cats with the Division of Animal Care and_Control, and to be assigned a litter number for each litter; and (4) Further be required to register with the Division of Animal Care and Control the name, address, and telephone number of each buyer or new owner of any dog or cat sold or transferred within five days after the date of such sale or transfer; and (5) Transmit to the new owner or buyer the litter number of the animal acquired, and the minor breeder's permit number in order that the new owner has assurance and proof that the animal was legally bred; and prohibits the sale of underage puppy or kitten under Section 5- 77. Substitute Bill No. 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 47 (6)Immunize all cats and dogs'offered for sale, trade or other compensation or for free giveaway (except an animal taken to the Division of Animal Care and Control) against common disease; in the case of dogs, against canine distemper, adeno -virus parainfluenza, parvovirus, coronavirus, and leptospirosis, and in the case of cats, against feline rhinotracheitis, and panleucopenia; and (7)Not offer a puppy or kitten under the age of ten (10) weeks for sale, trade, other compensation or free giveaway (except a puppy or kitten or litters of them taken to the Division of Animal Care and Control); and (8) Furnish warrant of health for a period of not less than one (1) week with recommendation to have examined by licensed veterinarian for each animal sold. (c) Any owner or person having custody of a dog or cat which has been neutered within ten (10) weeks after giving birth to a litter or who turns the adult dog or cat over to the Division of Animal Care and Control within 10 weeks from the birth date of the litter, will be required to purchase a minor breeder permit at the rate of ten dollars ($10.00). (d) Any owner or person having custody of a dog or cat which has delivered a litter, who chooses not to relinquish said animal to the Division of Animal Care and Control and also chooses not to have the animal neutered, will be required to purchase a minor breeder permit at the rate of one hundred dollars ($100.00) plus any applicable kennel /cattery permit fee. The permit shall be issued provided all requirements of this Chapter are met. Sec. 5 -63 Veterinary Hospitals /Clinics. (a) All animals shall be housed humanely and in a sanitary manner. (b) Veterinarians shall keep records of each animal accepted for treatment, diagnosis or routine health care. (c) Veterinarians who engage in boarding, grooming or other business in addition to the treatment and /or medical care of animals shall obtain a permit as herein provided. Sec. 5 -64 Grooming Shop Permit. (a) Any person who has a grooming shop as defined in this chapter shall obtain a grooming shop permit. (b) A permit holder has the right to request that any dog or cat accepted for grooming be vaccinated against common diseases, and require proof of such vaccinations be famished to the shop operator. Substitute Bill No. 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 48 Sec. 5 -65 Pet Shop Permit. (a) Any person operating a pet shop as defined in this Chapter shall obtain a pet shop permit. (b) The permit holder shall furnish the purchaser a written statement at the time of sale containing the following: (1) Date of sale, (2) Name, address and telephone number of purchaser and permit holder, (3) Permit number of permit holder, (4) Breed, description, approximate age and sex of dog, cat or other animal sold. (Small mammals, parrot -type birds, and fish not included.) (5) Medication and prophylactic immunization and dates administered, (6) Internal parasite medication(s) and date(s) administered, (7) A guarantee of good health for a period of not less than one week with recommendation to have the animal examined by a licensed veterinarian, and (8) The permit holder shall retain a copy of the written statement for twelve (12) months from date of sale. (c) The pet shop permit holder shall be further required to register with the Division of Animal Care and Control the name, address, and telephone number of each buyer or new owner of any dog or cat transferred within five (5) days after the sale or transfer. (d) The Animal Control Officer or County Health Department of St. Joseph County may restrict the sale of any animal suspected of being diseased or otherwise unfit for sale. An examination by a licensed veterinarian may be requested at the expense of the enforcement agency. The Animal Control Officer may seize the animal to ensure and protect the health and safety of any other animals present and /or the public. (1) The permit holder shall reimburse the enforcing agency's veterinary fees if the inspection by the veterinarian concludes the animal to be unfit for sale at the time of inspection. (2) The inspection is to be made by a veterinarian within 24 hours of the enforcing agency's determination that the said animal is not fit for sale. (e) All pet shops herein defined and stores selling animals, birds, reptiles and fish as pets shall take care to house animals in a sanitary manner. Appropriate medical services, care, and housing shall be given according to individual species needs. Substitute Bill No. 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 49 (f) No puppy or kitten under the age of eight (8) weeks may be offered for sale, trade or other compensation or for free giveaway (except a puppy or kitten, or litter or litters taken to the Division of Animal Care and Control). Sec. 5 -66 Circuses, Animal Concessions and Animal Events Any person who is responsible for a circus, animal concession or animal event as defined by this Chapter must obtain a circus, animal concession or animal event permit required by Section 4 -22 of the South Bend Municipal Code. Non - profit organizations conducting circuses, animal concessions, and events are required to obtain a permit in order to allow inspection but those permits will be issued as complimentary when non -profit status has been verified. Sec. 5 -67 Zoological Parks. Zoological parks shall be issued complimentary permits at no fee. Sec. 5 -68 Exceptions for Division of Animal Care and Control and Animal Welfare Organizations. No permit shall be required of the Division of Animal Care and Control or animal welfare organization; however, all other provisions of this Chapter shall apply and such organizations are subject to inspection. Sec. 5 -68 through Sec. 5 -74 Reserved for Future Use Article 6. Specific Requirements Governing Does and Cats Sec. 5 -75 Rabies Vaccination Required Cats and dogs over the age of three (3) months must be vaccinated by a licensed veterinarian for rabies. One -year and three -year rabies vaccine may be used as per Indiana Administrative Code. Caretakers must be able to provide proof of vaccination. 38 Sec. 5 -76 Dogs or Cats in Heat. Every female dog or cat in heat shall be confined in a secure building or enclosure so as to prevent conception except during instances of planned breeding. t $Indiana Code § 15- 17 -3 -21 authorizes the Indiana State Board of Animal Health to enact rules. Rule 5 addresses `Rabies Immunization" and is codified at 345 Indiana Administrative Code 1 -5 -1. 'Required Rabies Vaccination of Dogs, Cast and Ferrets" is codified at 345 Indiana Administrative Code 1 -5 -2. Substitute Bill No. 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 50 Sec. 5 -77 Sale of Puppies and Kittens. A puppy or kitten must be at least ten (10) weeks old and weaned before it may be offered for sale, traded, or given away for other compensation or for giveaway (except a puppy or kitten or litter or litters may be surrendered to the Division of Animal Care and Control.) Sec. 5 -78 through Sec. 5 -85 Reserved for Future Use. Article 7. Animal Euthanasia. Sec. 5 -86 Euthanizing Animals. (a) All animals impounded by South Bend Animal Care and Control, a public or private sheltering agency or rescue group shall be killed euthanized, only when necessary and consistent with the requirements of this Article, by lethal intravenous injection of sodium pentobarbital, except as follows: 1. intraperitoneal injections may be used only under the direction of a licensed veterinarian, and only when intravenous injection is not possible for infant animals, companion animals other than cats and dogs, or in comatose animals with depressed vascular function. 2. intracardiac injections may be used only when intravenous injection is not possible for animals who are completely unconscious or comatose, and then only under the direction of a veterinarian. (b) No person other than a duly authorized agent of the Division of Animal Care and Control may destfey euthanize any domestic animal within the city limits; provided, however, this provision shall not apply to the following: (1) A licensed veterinarian, (2) A veterinary staff member under the direct supervision of a veterinarian (3) Those persons acting in immediate self- protection, (c) The Division of Animal Care and Control, other animal shelters, and /or public animal facilities which destrey euthanize animals in the city, shall use only sodium pentobarbital or a derivative substance for said purpose. (d) The duly authorized animal control agent(s) must be trained in humane procedures by a licensed veterinarian or a registered veterinary technician and shall perform the animal euthanization in a humane manner as specified by the AVMA's Guidelines for Euthanasia. Said person(s) must have letter from a licensed veterinarian citing their competency in humane euthanasia procedures and must be evaluated by a licensed veterinarian on a yearly basis, with such required documentation being kept on file and open for public inspection. Substitute Bill No. 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 51 (e) No animal's body shall be disposed of until all vital signs are checked (fixed pupil, cessation of heartbeat and respiration) to assure that death has occurred. (1) No animal shall be allowed to witness any other animal being killed euthanized or being tranquilized/sedated for the purpose of being killed euthanized or see the bodies of animals which have already been killed euthanized. (2) Animals shall be sedated/tranquilized as necessary to minimize their stress or discomfort, or in the case of vicious animals, to ensure staff safety, except as follows: (a) neuromuscular blocking agents shall not be used as sole agent. (3) Following their injection, animals shall be lowered to the surface on which they are being held and shall not be permitted to drop or otherwise collapse without support. (4) An animal may not be left unattended between the time procedures to kill euthanize the animal are commenced and the time death occurs, nor may the body be disposed of until death is verified. (5) Verification of death shall be confirmed for each animal in all of the following ways: (a) by lack of heartbeat, verified by a stethoscope; (b) by lack of respiration, verified by observation; (c) by pale, bluish gums and tongue, verified by observation; and (d) by lack of eye response, verified if lid does not blink when eye is touched and pupil remains dilated when a light is shined on it. Sec. 5 -87 through See. 5 -89 Reserved for Future Use Article 8. Administration and Enforcement Division I. Shelter Manager. See. 5 -90 Duties of Shelter Manager. (a)The Division of Animal Care and Control shall be operated by the Shelter Manager. (b)The Shelter Manager will be advised on matters of policy by the Animal Control Commission. (c)The duties and powers of the Director Shelter Manager are as follows: (1) To cause to be enforced all city ordinances and/or state laws regarding animal care and control. (2) To maintain and operate the Division of Animal Care and Control's shelter which have been designated for the humane sheltering or protection and disposition of animals into its custody. Substitute Bill No. 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 52 (3)To purchase all necessary materials for the proper and efficient performances of the services and work required of the shelter consistent with the city's established purchasing procedures.- (4)To cause to be picked up and transported to SBACC all unwanted animals, all animals illegally at large, and all sick, diseased, injured, lost, strayed, stolen or abandoned animals. Those animals whose owners request be euthanized may be surrender the animal to SBACC. The Shelter Manager shall determine if the animal can be saved. In addition, any animal whose illness would pose a health hazard to other animals or is injured so that it cannot rest comfortably for a minimum of three business days may be destroyed immediately as so authorized by the Shelter Manager or his/her authorized agent. If a possible owner is identified, the agencies shall undertake reasonable efforts to notify the owner or caretaker of the whereabouts of the animal and any procedures available for the lawful recovery of the animal. These efforts shall include, but are not limited to, notifying the possible owner by telephone, mail, and personal service to the last known address. Upon the owner's or caretaker's initiation of recovery procedures, the agencies shall retain custody of the animal for five (5) business days to allow for completion of the recovery process. All other animals shall be kept at said shelter or place designated by said shelter for a period of not less than three (3) business days to afford owners the opportunity to claim the animal. After such period of time, unclaimed animals shall be placed in a suitable home, retained at the shelter or released to an accepted rescue organization or euthanized. Animals released to the shelter by their owners, or impounded animals not claimed within the legal time become the property of the shelter and disposition may be made in accordance with the criteria outline in this chapter. SBACC shall not ban, bar, limit or otherwise obstruct the adoption or transfer of any animal based on breed, breed mix, age, color appearance or size. (5)To ensure that no savable animal at South Bend Animal Care and Control shall be euthanized simply because the holding period has expired. Before an animal is killed euthanized To ensure that no savable animal at South Bend Animal Care and Control shall be euthanized all of the following conditions must be met: (a) there are no empty cages, kennels, or other living environments in the appropriate area of the shelter, keeping in mind the overall health and wellbeing of the animals in SBACC's care; (b) the animal cannot share a cage or kennel with another animal; (c) a foster home is not available; Substitute Bill No. 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 53 (d) not - for -profit animal rescue organizations are not willing to accept the animal; (e) the animal is not an ear tipped community cat that has been spayed/neutered and vaccinated as described in Section 5 -32 of this Chapter or the animal is not a free roaming cat subject to sterilization and release into an accepted program; (f) all mandates, programs and services of the Aot Chapter have been met; and (g) the director of the agency certifies he or she has no other alternative. (6)SBACC shall take appropriate action to ensure that all animals are checked for all currently acceptable methods of identification, including microchips, identification tags, and licenses. SBACC shall maintain continuously updated lists of animals reported lost, and match these lost reports with animals reported found and animals in the shelter. If a possible owner is identified, the agencies shall undertake reasonable efforts to notify the owner or caretaker of the whereabouts of the animal and any procedures available for the lawful recovery of the animal. These efforts shall include, but are not limited to, notifying the possible owner by telephone, mail, and personal service to the last known address. Upon the owner's or caretaker's initiation of recovery procedures, the agencies shall retain custody of the animal for a reasonable period of time to allow for completion of the recovery process. Efforts to locate or contact an owner or caretaker, and communications with persons claiming to be owners or caretakers, shall be recorded and be made available for public inspection for no less than three (3) years by submitting a completed Public Records (APRA) Request. 39 (7)To direct Animal Control Officers proceed upon public and private property in accordance with the above criteria, in pursuit of animals believed to be in violation of this Chapter. However, this authority does not extend to a privately owned structure or enclosure without the consent of the owner, lessee or other occupant in control of the premises or without other legal process or authority. Any animal pursued under this Section may be confiscated and held by the Division of Animal Care and Control according to its rules and regulations. If an animal is confiscated without the knowledge or consent of the owner or occupant of the premises, a notice shall promptly be affixed to said premises in an obvious location, directing the occupant to contact the Division of Animal Care and Control providing the address and telephone number of same on said notice. 3 Indiana Code § 5- 14 -3 -1 through Indiana Code § 5- 14 -3 -10 sets for Indiana's "Access to Public Records" state law. Substitute Bill No. 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 54 (8)To cause to be investigated all reports and complaints that are significant concerning any inhumane treatment or negligent practices pertaining to animals and to submit a written report that includes the disposition of the complaint and condition of the animal to be reviewed by the Animal Control Commission. To cause to be impounded at the Division of Animal Care and Control or suitable places designated by the Division of Animal Care and Control all animals found in conditions adverse to their health and safety. (9)To enter into contract with any municipalities or governmental units or any person, association or corporation for the collection, transportation, sheltering and disposal by said shelter for sick, diseased, injured, illegally at large, lost, strayed or abandoned animals provided that no such services be extended by said shelter outside the city, except under written contract with the unit, person, association or corporation concerned and at a charge based upon the actual cost of such services, including overhead; provided that no such contract shall be effective except upon the approval of city attorney or a duly designated associate, as to form and legality, the approval of the Mayor, and the ratification by the Common Council evidenced by adoption of a resolution. 00)To employ all personnel necessary for the efficient performance of the duties required of said shelter. And require certification of all Animal Control Officers as per state recommendations. (11)To prepare and submit after review and comments of the Animal Control Commission to the Common Council through the City Controller, an annual budget, for its financing of its operations and performance of its duties. (12)To submit to the Mayor, the Board of Public Safety and to the Common Council, no later than January 30 of each year, a report of its activities and operation for the prior year. (13)To establish reasonable fees to be charged to persons reclaiming and adopting animals, and to collect such fees, such fees to be adopted only after approval by Director and submission to the Mayor and Common Council for approval and adoption. (14)To prepare for the Animal Control Commission quarterly reports on performance, operation and intake /outtake metrics including adoption, rescue transfer and euthanasia and any other statistics that the Animal Control Commission may request. (15)To provide that all dogs and /or cats released for adoption shall be spayed or neutered, implanted with an electronic microchip, and provisions made for a program to monitor said spay /neuter and microchip plan. Substitute Bill No. 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 55 (16)Any violations of the animal adoption contract shall result in impoundment of the animal. Return of the animal to the adopter will be at the discretion of the Division of Animal Care and Control. (17)Shall adopt rules and regulations as may be necessary or appropriate in its judgment to carry out the provisions of the ordinances and laws under which it exists and performs its functions, including Standard Operating Procedures (SOP) for the internal operations of the Division of Animal Care and Control. Sec. 5 -91 Through Sec. 5 -94 Reserved for Future Use, Division II. Animal Control Commission Sec. 5 -95 Animal Control Commission Established; Membership. (a)A five - member Animal Control Commission is established. (b)Members shall be appointed to serve a three -year term, with terms to be staggered. No limit shall be set on number of terms a Commissioner can serve. All members to serve without compensation. (c)Two (2) of the Commission members shall be appointed by the Mayor. The three (3) remaining members of the Commission shall be appointed by the Common Council. At the outset, the Mayor shall appoint one (1) person to serve two (2) years, and one (1) person to serve three (3) years. The Common Council shall appoint one (1) person to serve two (2) years, and one (1) person to serve three (3) years. At least one (1) member appointed by the Common Council of this Commission must be a licensed veterinarian. This selection shall not be based on political affiliations, but on interest in animal care and control and knowledge of same. (d)The members of the Commission shall serve at the pleasure of the appointing authority and each member shall serve until a qualified successor is duly appointed. Sec. 5 -96 Officers; Meetings and Meeting Minutes of the Animal Control Commission. (a) The first meeting of the Commission shall be convened by the Shelter Manager. The Commission must meet for the first time within thirty (30) days of the effective date of this Chapter. The Commission shall elect a Chair, Vice - Chair, and a Secretary from among its members. (b) The Commission shall meet at least once each month, or upon special call by the Chair or upon the written request to the Chair by any three (3) members .40 41 The Indiana Open Door Law requiring a minimum of 48 -hour notice applies to all meetings of the Animal Control Commission pursuant to Indiana Code § 5- 14- 1.5 -5. Substitute Bill No. 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 56 (c) Three (3) members of the Animal Control Commission shall constitute a quorum to do business. (d) Copies of all Animal Control Commission agendas shall be electronically sent to the Law Department, Division of Animal Care and Control, Office of the City Clerk, and the Chairpersons of the Council's Health and Public Safety Committee and Residential Neighborhoods Committee. (e) Meeting minutes of all Animal Control Commission meetings shall be maintained and regularly posted on the City's website for the Division of Animal Care and Control with electronic copies being sent to the Shelter Manager, the Law Department, Office of the City Clerk, and the Chairpersons of the Council's Health and Public Safety Committee and Residential Neighborhoods Committee. (f) In the case of vacancy in Commission membership due to death, resignation, incapacity, removal or otherwise, the appointment to fill the vacancy so occurring shall be made by the original appointing body for the unexpired term only. Sec. 5 -97 Duties and Responsibilities of the Animal Control Commission. The Animal Control Commission shall have the following duties and responsibilities: (a)To receive and review recommendations made by the Shelter Manager; (b)To recommend proposed policies, principles, standards and regulations for the control and humane treatment of all animal regulated by this Chapter; (c)To review and make advisory recommendations aimed at improving regulations and enforcement of the regulations codified into this Chapter to the Common Council; (d)To submit to the Mayor and the Common Council no later than March 1 s` of each year a written report of its activities and recommendations; (P}(!�)To hear appeals within ten (10) working days (excluding holidays and weekends) of any appeal being filed on the determination of: (1) An animal being deemed a "potentially dangerous animal "; and /or (2) A person or persons alleged to have "provoked" an animal resulting in a violation of this Chapter. Substitute Bill No. 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 57 (9)M Such determinations shall be reduced to writing with the original of the same being maintained by the City and copies being sent to the person or persons filing an appeal, with copies also being maintained in the Division of Animal Care and Control. Electronic notification of such determinations shall be sent to all Animal Control Officers and the South Bend Police Department. Sec. 5 -98 through Sec. 5 -104 Reserved for Future Use. Division III. Implementation and Enforcement Sec. 5 -105 Interfering With Enforcement. No person shall interfere with an Animal Control Officer in the pursuit of his/her duties as an officer. Sec. 5 -106 Impoundment. (a) Animals found in cruel, abusive or neglectful situations, animals trained, bred or kept for the purpose of animal fighting, animals considered potentially dangerous, animals abandoned as a result of owner arrest, or animals that have been abandoned may be promptly seized, provided, however, that the Animal Control Officer shall leave written notice. (b) Animals so removed will be impounded and held at the Division of Animal Care and Control or a designated facility, provided, however, that in no event shall this period exceed five (5) calendar days, at which time the animal shall become the property of the Department of Animal Control. An animal may be held longer if an extension is necessary for the Animal Control Officer to have ample time to prepare a court case if prosecution is warranted, or a request for a bond has been filed as provided in paragraph (e) of this Section. In the case of animals impounded for quarantine at the Division of Animal Care and Control, the animal will become the property of the Division if not claimed by closing time of the Division on the eleventh (11th) day of the quarantine. Owners requesting quarantine but failing to claim animals at the end of the quarantine period will be responsible for all medical, quarantine, and euthanasia fees. (c) Animals impounded for reasons of tragedy beyond the control of the owner, such as but not limited to house fire or death of the owner, will be held for seven (7) calendar days during which time a reasonable effort will be made to contact the owner and/or their representative to make reclaim or alternative housing arrangements. After the seventh (7th) day of impoundment, the animals will become the property of the Division of Animal Care and Control. (d) Animals awaiting disposition by the courts shall remain in the custody of the Division of Animal Care and Control, unless such disposition is made, or placed in a foster home until legal arrangements have been completed. Substitute Bill No 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 58 (e)Pursuant to impoundment of an animal under paragraph (a) of this Section, the Division of Animal Care and Control may file a petition with the court requesting that the owner or custodian of the animal post a bond to cover the costs of care of the animal while it is in the custody of the Division. 1. This petition shall be accompanied by an affidavit or statement of the Division that sets forth an estimate of the reasonable expenses that the department expects to incur providing for that care. Reasonable expenses include but are not limited to the estimated cost of veterinary care, food and board for the animal. The owner or custodian of the animal shall be provided written notice of the petition by personal service or certified mail. Any such mail shall be sent to the last known residence, or, if this address is not known, such notice shall be sent to the address from which the animal was seized. Refusal to accept certified mail or failure to receive mail due to other delays will not negate this Section. 2. The court or hearing body to which the petition is filed shall hold a hearing on the petition. At the hearing, the Division has the burden of proving that there is probable cause to find that the animal was the subject of a violation as listed under paragraph (a) of this Section. If the court finds that probable cause exists, the court shall order the owner or custodian of the animal to post a bond to cover the cost of the care of the animal for a minimum of thirty (30) days. i. Bond must be posted within a maximum of three (3) business days following the bond hearing judgment. If bond has not been posted within the allotted three (3) business days, the animal shall immediately become the property of the Division of Animal Care and Control. ii. Bond must be posted at the Division of Animal Care and Control in cash or certified funds only. The bond shall be deposited into the budget for the Division of Animal Care and Control, in a subaccount specific for each case. The depaAment Division may draw on this account to cover the actual expenses incurred in the care of the animal. iii. If, at the end of thirty (30) days, the matter for holding said animal(s) has not been adjudicated, another bond must be posted. The renewal bond must be paid no later than the close of business on the thirtieth (30 "i) day. If the thirtieth (30th) day should fall on a weekend or holiday, the bond must be posted by the close of business on the last regular business day prior to the weekend or holiday. The bond must be renewed every 30 days thereafter until the matter is adjudicated by the court or hearing body having jurisdiction. Failure to repost bond at the end of any 30 -day period will be considered voluntary relinquishment of the animal(s). Substitute Bill No. 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 59 iv. Upon conviction of the accused, the court or hearing body, at its discretion may order any remaining bond money and/or the animal(s) forfeited to the Division of Animal Care and Control. v. In the event of the acquittal or final discharge, without conviction of the accused, the court shall direct the delivery of the animal(s) and any bond posted, less any reasonable medical, housing and administrative costs. 3. The bond is intended to cover but not be limited to housing and feeding, emergency medical care, immunizations and routine medical care. Animals displaying signs of illness or injury at the time of impound will' be treated immediately at the expense of the owner or custodian. Animals that have not been inoculated for or are not current on inoculations for ailments common to its species will be inoculated at the expense of the owner or custodian. Any animal displaying symptoms of illness or injury which, in the opinion of a licensed veterinarian, would cause undue suffering to that animal or pose a substantial health risk to other animals in the shelter shall be humanely euthanized immediately. 4. This Section applies to any and all animals housed at the South Bend Division of Animal Care and Control Shelter, or under the direction of the South Bend Division of Animal Care and Control at a remote facility, irrespective of the agency that seized the animals. 5. Animals so removed may be transported to a licensed veterinarian for examination and /or treatment. If, in the opinion of said veterinarian, the animal must be destroyed, euthanasia will be performed immediately. Costs of treatment, euthanasia, and /or care shall be the responsibility of the owner /agent. 6. When a community cat is captured such animal need not be impounded but may be returned to its owner or community cat caretaker if, in the opinion of the animal care and control officer, the return would not present a danger to the public continued or repeat public nuisance or otherwise result in a violation of this Chanter. Sec. 5 -107 Notice to Owner. (a) Upon the impoundment of an animal, a reasonable attempt shall be made to notify and inform the owner of the animal of the requirements of this Article for regaining the custody of the animal. (b) Such attempt shall include, but not necessarily be limited to, the following: (1) In the instance of an impounded dog or cat, contact with the owner identified by the microchip or other permanent means of identification, if any, borne by the dog or cat; (2) In the instance of an impounded dog or cat not bearing a permanent means of identification, contact with the veterinarian facility listed on the animal's vaccination tag; and Substitute Bill No. 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 60 (3) Cooperation of effort with other governmental and private agencies, such as the Humane Society of St. Joseph County or other humane and /or breed rescue organizations recognized by the animal care and control division. (c) Any ear tipped community cat that has been spayed /neutered and vaccinated as described in Section 5 -32 of this Chapter will be returned to a colony caretaker who will maintain the cat as part of a managed colony of community cats. Cats must be returned as close as possible to its location of capture unless illness or injury presents imminent danger to the animal to be processed through the community cat program. Sec. 5-108 Redemption. (a)A person may reclaim an animal in the custody of the Division of Animal Care and Control upon providing the following: (1) Proof of ownership, and (2) Payment of redemption fee and any other service /medical fees, as approved by the Shelter Manager. (3) It shall be mandatory that any dog or cat not displaying a current city pet registration or current identification tag if not a city resident, affixed to its collar, after the effective date of this Chapter, upon its redemption by its owner, and prior to its release by the Division of Animal Care and Control, be implanted with a microchip and registered for purposes of identification and recovery. The cost for this process shall be at the owner's expense before the animal's release. (4) All animals shall be registered with the city prior to release, or require enforcement action to mandate registration. (b)Stray or at -large animals will be held three (3) business days at the Division of Animal Care and Control. (c)Unclaimed animals become the property of the Division of Animal Care and Control and may be placed for adoption, transferred to rescue or humanely euthanized, pursuant to Section 5 -106. (d) An animal that has been previously impounded stray or at -large and is now being redeemed for the second or subsequent redemption, will be required to be spayed or neutered by a licensed veterinarian at the owner's expense. Arrangements to perform the procedure must be made within 24 hours of reclaim and enforcement action pending spay /neuter completion will be issued at the time of reclaim. (e) In cases mandating spaying or neutering of a dog, the dog may be transported directly to the veterinarian of the owner's choice at the city's discretion for completion of the surgery and pickup of the animal by the owner from the veterinarian after such completion. Substitute Bill No. 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 61 Sec. 5 -109 Inspections and Entry on Property. (a)Whenever it is necessary to make an inspection to enforce any of the provisions of or perform any duty imposed by this Chapter or when there is reasonable -probable cause to believe that there exists in any building or upon any premises any violation of the provisions of this Chapter or state law, the Animal Control Officer or Health Officer or police officer is authorized at all reasonable times to inspect the same for compliance with the provisions of this Chapter or any state law; provided that: (1) If the property is occupied, the officer shall first present proper credentials to the occupant and request entry, explaining the reasons therefor; and (2) If the property is unoccupied, the officer shall make a reasonable effort to locate the owner or other persons having control of the property and request entry explaining the reasons therefor. (b)In the event the Animal Control Officer, County Health Officer of or his or her designee or police officer has reasonable robable cause to believe that the keeping or maintaining of an animal is so hazardous, unsafe or dangerous as to require immediate inspection to safeguard the animal or the public health or safety, the officer shall first present proper credentials and request entry, explaining the reasons therefor. If entry is refused or cannot be obtained because the owner or other person having charge or control of the property cannot be found after reasonable search, the officer shall have recourse to secure lawful entry and inspection of the property via a warrant issued by a judge in good standing. Sec. 5 -110 Disposition of Fees, Donations and Bequests. (a) All money generated, received or collected as the result of payment of fees required by this Chapter shall be deposited into the Division of Animal Care and Control budget fund. (b)All money received by the Division of Animal Care and Control through donations, gifts, bequests or devises shall be payable to the City Controller and deposited into the appreppriaate fund 217. The expenditure of funds shall be subject to all state and local appropriation and purchasing requirements. (c) All money generated, received or collected in response to the Division's special fund- raising projects shall be payable to the Division of Animal Care and Control and shall be deposited into the appropriate fund and shall be used in a manner consistent with the announced purpose of any special fund- raising event or project. No expenditure may be made from these funds unless first approved by the Shelter Manager. The expenditure of funds from the dedicated animal control special projects fund shall be subject to all state and local appropriation and purchasing requirements. Substitute Bill No. 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 62 Sec. 5 -111 Penalties. (a)Violators shall be issued a citation and fined by a law enforcement officer or animal control officer as follows: Section Violated Type of Violation Amount of Fine Sec. 5 -17 Failure to Remove Animal Waste $50.00 to $2,500.00 Sec. 5 -21 Running at t Large $50.00 to $2,500.00 Sec. 5 -33 Barking/Animal Noise $50.00 to $2,500.00 Sec. 5 -52 Failure to Register Pet $50.00 to $2,500.00 Sec. 5 -52 Failure to Obtain Rabies Vaccination $50.00 to $2,500.00 Unless specified otherwise in this Chapter, 4any person violating any of the other provisions of this chapter shall be fined for each offense, in any sum not less than $50 nor more than $2,500 and each day's violation shall constitute a separate offense. (b)Upon finding of violations of this Chapter, the City may seek injunctive relief through the court which may order relinquishment of an animal(s) deemed to be a public safety risk and/or a repetitive public nuisance that has not been abated or an animal that is a victim of cruelty, neglect, or abandonment, to the Division of Animal Care and Control for disposition. (c)ln the event that an animal is retained at the Division of Animal Care and Control because its owner or harborer has been in violation of this Chapter, the person redeeming the animal by paying the prescribed fees shall also be required to pay the costs incurred by the Division of Animal Care and Control for impoundment and caring for including but not limited to: 1. surgeries, 2. vaccines, 3. x -rays, 4. medications, exams, lab work, 5. boarding, 6. rescue equipment, and/or 7. perishable personal protection equipment. (b) ( Violations of this Chapter may result in immediate impoundment of animal(s). (c-) u Violation of any provision of this Chapter may result in revocation of any permit(s) and may require a re- inspection prior to reinstatement upon approval. (d) (f) Upon finding an owner or harborer guilty of violations for this Chapter, the court may order restitution including but not limited to: Substitute Bill No. 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 63 1) human medical bills, 2) victim veterinary and/or medical bills, 3) replacement cost of animal, 4) property damage, 5) lost wages, and or 6) counseling or psychological treatment obtained by victim directly related to violation incident. (g)All fines for violations of this Chapter shall be paid within ten (10) days of the issuance of a citation. Sec. 5 -112 Through Sec. 5 -119 Reserved for Future Use. Article 9. Rental Horses. See. 5-120 Definitions. For the purpose of this sxbekapter, Article, the following definitions shall apply unless the context clearly indicates or requires a different meaning_ (a)Carriage Horse. Any horse or pony which is used by its owner or any other person to pull any vehicle, carriage, sled, sleigh or other device in exchange for a fee. A horse rented or leased by its owner to another for any of the foregoing purposes shall be deemed to be a carriage horse for the purposes of this °••behapter-Article. (b)Rental Horse Business. A business enterprise which operates a horse drawn vehicle for hire such as a horse drawn cab, or offers the use of a horse to the public for a fee for the purpose of riding or pulling a horse drawn vehicle. (c) Stable. Any place, establishment or facility where one or more rental horses are housed, boarded for a fee, or maintained. (d) Work. A horse is considered to be at work when it is out of its stable and presented to the public as being available for riding, pulling carriages, vehicles or other device, or when it is saddled or in harness. Sec. 5 -121 Permits and Administration. (a) It shall constitute a violation of this subehapter Article for any person or corporation to use or offer for use a horse in a rental horse business without a license issued pursuant to the regulations and conditions set out hereinafter. No owner or operator of a rental horse business shall permit a carnage driver to operate without a valid chauffeur or operator's permit to drive. (b) Licenses shall be issued for a term of one (1)-year and shall be renewed annually. (c)An application for a license or renewal of a license shall be made to the Department Division of Animal Care and Control. Applications for renewal must be submitted no later than ten 10 business days prior to expiration of the current license. All such applications shall contain the name and address Substitute Bill No. 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 64 of the owner of the horse and the rental horse business in which such horse is to be used. The horse shall be identified by breed, age, sex, color, markings, and the location of the stables where the horse is to be kept, recorded on a veterinary certificate provided by the South Bead DepaAfaen Division of Animal Care and Control. No license shall be transferable. Upon the transfer of ownership or use of any horse to a new owner or operator shall obtain a new license for such horse within thirty (30) days of the transfer date. (d) The annual fee per working animal license or renewal shall be one hundred dollars ($100.00) for carriage horses and ten dollars ($10.00) for riding horses, and shall be paid upon submission of an application to the Depar:tneat Division of Animal Care and Control. (e) Each horse licensed for use pursuant to these regulations shall be assigned an official identification number unique to that horse during the duration of its use by the rental horse business. (f) An owner or operator of a rental horse business shall keep an accurate daily record of the movement of each licensed horse including driver's name, horse's identification number, vehicle license plate number, time of leaving stable and time of return to stable. Such records shall be kept on the premises of the stable where rental horses are kept or maintained and shall be made available to the Department Division of Animal Care and Control upon request. (g) An owner or operator of a rental horse business shall make the stable in which horses used in the rental business are kept open for inspection at all reasonable time by authorized personnel of the Department Division of Animal Care and Control to enforce the provisions of this sub Article. Sec. 5 -122 Housing /Stable Premises (a) Walls and ceilings. Walls and ceilings shall be kept clean, in good repair, and free of physical hazards at all times. Stall walls shall be constructed of a safe and secure material, with boarding set beginning at ground level and close enough to prevent the "casting" of a horse. (b) Floors. Floors shall be level and free of holes or openings, and shall provide proper drainage. No horse shall be stabled on a concrete floor without adequate cushioning. (c) Storage areas. Feed shall be kept in storage areas constructed to permit extermination treatment in order to be made rodent and insect proof. Feed storage area shall allow no harborage and be kept vermin free. Storage of feed concentrates shall be in an area inaccessible to the horses. (d) Ventilation. Adequate ventilation shall be maintained, but rental horses shall not be unnecessarily exposed to drafts in stables during cold weather. All stable areas shall be adequately lighted by natural or artificial means so as to permit effective and safe activities through day and night. (e) General sanitation. All interior areas of stable and all exterior areas surrounding a stable shall be kept clean, properly drained and free of nuisances including, but not limited to, odors and accumulation Substitute Bill No. 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 65 of refuse or excrement. Manure accumulations shall be removed from the premises weekly to prevent rodent and vermin activity. (f) Stalls. Each stall shall house only one (horse or pony. Stalls shall be attended to daily ensuring clean and dry sufficient bedding of straw, shavings or other suitable material which shall be changed as often as necessary to maintain them. The ceiling and shortest wall of the stall shall measure three feet greater than the height of the horse at the withers. See. 5 -123 Regulations. (a) Horses shall not be left untethered or unattended except when confined in a stable or other enclosure. (b) While at work, rental horses shall be allowed to drink. However, a rental horse shall not be allowed to drink in large quantities unless it is first rested. Water shall be offered at frequent periods throughout the day or in the case of horses not at work, water shall be available at all times. Troughs shall be cleaned daily. Sufficient nutritional foods and water shall be provided free of dust, mold, vermin and other contaminants. Rental horses shall be fed at least twice daily with the larger feeding being provided after the horse has completed work. (c) Certified weights of all horses and horse drawn vehicles shall be registered with the Division DepaAme»t of Animal Care and control annually. At the discretion of the Division De'na� —^'Of Animal Care and Control, when supported by the opinion of a consulting veterinarian, a rental horse within a business may be restricted in regard to pullinghiding capacity, based on individual characteristics and abilities. (d) No rental horse shall be at work for more than eight hours a day. There shall be a rest period of 15 minutes for every two (2) working hours. During such rest periods, the person in charge of such horse shall make fresh water available to the horse. (e) Rental horses shall not be worked in temperatures below -0 F., with wind chill factor applied. At no time shall a rental horse be at work when the sum of the relative humidity and ambient temperature exceeds 100 °. For the purposes of this subdivision, temperatures shall be those measured "downtown" and broadcast by the local radio stations. An operator of a rental horse already at work at the time the temperatures reach the above described conditions shall return the passengers to the point of loading and rest the horse in sheltered conditions. Thereafter, such horses may be worked only when the weather conditions once again reach acceptable limits. (f) Rental horses shall not work on a public highway, street or path during adverse weather or other conditions which are a threat to the health or safety of the horse or the public. Adverse weather conditions may include but shall not be restricted to snow, ice, heavy rain, slippery conditions or excessive heat. Substitute Bill No. 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 66 (g) Carriage companies shall equip all carriages/horses with a manure catching device for use at all times while working. (h) No horse -drawn carriage shall be driven at a speed faster than a trot at any time. All such carriages shall adhere to state law on slow moving vehicles. No horse drawn carriage shall be operated between the hours of 7:00 a.m. through 9:30 a.m. and 3:30 p.m. through 6:00 p.m., Monday through Friday. (i) It shall be the responsibility of the owner /operator of a rental horse drawn carriage to ensure there is a slow moving vehicle emblem displayed on each carriage, whenever the carriage is moved, operated, or driven. The triangular slow moving vehicle emblem will be mounted as near as is practicable to the center of mass and at an approximate height of not less than three and not more than five feet from level ground or surface. The emblem shall be mounted so as to be entirely visible from the rear, day or night. 6) It shall be the responsibility of the owner /operator of a rental horse drawn carriage to ensure there are flashing lamps mounted and in use whenever the carriage is moved, operated, or driven I hour before sunrise and 1 hour after sunset. A red or an amber flashing lamp will be mounted at a height as low as practicable that is visible from a distance of not less than five hundred feet to the rear. Also, a double -faced flashing lamp may be used, displaying amber light to the front and red or amber light to the rear. (k) Every horse whose use requires a license hereunder shall be examined by a veterinarian prior to its use in a rental horse business, and thereafter at intervals of not less than once a year. The horse shall be examined and treated for internal parasites. Its general physical condition shall be evaluated, which examination shall include but not be limited to, inspection of teeth, hooves, and shoes, and for its physical ability to perform the work or duties required of it. The examination shall also include a record of any injury, disease, or deficiency observed by the veterinarian at the time, together with any prescription or professional recommendation regarding humane correction or disposition of the same. An Indiana health certificate containing the above information and signed by the examining veterinarian shall be maintained at the stable premises at which such horse is located, and shall contain the identification number, age and condition of the horse. With a copy on file with SBACC. (1) The rental horse business shall take immediate action to obtain veterinary treatment, care and attention when any horse is or becomes sick, diseased, lame or injured. If a horse dies while at work or in the stable area, or is involved in an accident resulting in an injury to a horse, the Department Division of Animal Care and Control shall be notified immediately. (m) A horse covered by this subchapter which is or becomes lame or suffers from a physical condition or illness making it unsuitable for work shall be removed from work by the rental horse business or may be ordered removed from work by the Depa# etit Division of Animal Care and Control. In the event of a dispute regarding such physical condition or illness, the Depaftment Division may require that a rental horse be examined by a veterinarian in order to determine its ability to safely work as a rental horse. The cost of any such examination shall be borne solely by the rental horse company. A horse which has been removed from work under this division shall not be returned to work until it has Substitute Bill No. 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 67 recovered from the condition which caused removal from work, or until such condition has improved sufficiently that its return to work will not aggravate the condition or otherwise endanger the health of the horse. A violation of this section shall be presumed if a horse is found at work in a sick or disabled condition within 48 hours after its removal from work for the same condition which caused such removal. Such presumption may be rebutted by offering a written statement from a veterinarian who examined the horse after the time of removal from work but prior to its return to work, which statement sets out the veterinarian's professional evaluation of the condition and his/her opinion that it was suitable for the horse to return to work prior the expiration of the 48 -hour period. This statement shall be carried with the horse during the presumed 48 -hour recovery period, and provided to the Depafbn Division of Animal Care and Control upon request. (n) Saddles, blankets, harnesses, bridles and bits and all other equipment shall be properly fitted to each horse, and kept in good repair, and in good operating condition. (o) Horses shall be kept clean while at work and in the stable. Horses shall be trimmed and shod a minimum of once every six (6) weeks or sooner if necessary. See. 5 -124 Excepted From Coverage. Rental horse business as defined in Sec. 5 -120 are excepted from coverage under Sec. 5 -66 and are governed solely by the licensing provisions of this sub ehapt Article. Sec. 5 -125 Through Sec. 5 -129 Reserved for Future Use. Section II. All references to Municipal Code Section, the Type of Violation and Penalty amounts set forth in the "Schedule of Ordinance and Code Violations set forth in Section 2 -213 of the South Bend Municipal Code for violations of Chapter 5 are amended to read as follows, with all other listings therein remaining as is: Substitute Bill No. 17 -14 Responsible Animal and Pet Ownership Care and Control Regulation Ordinance Page 68 Sec. 5 -11 Honey bee keeping regulations $75.00 Sec. 5 -17 Failure to Remove Animal Waste $50.00 to $2,500.00 Sec. 5 -21 Running at Large $50.00 to $2,500.00 Sec. 5 -33 Barking/Animal Noise $50.00 to $2.500.00 Sec. 5 -52 Failure to Register Pet $50.00 to $2,500.00 Sec. 5 -52 Failure to Obtain Rabies Vaccination $50.00 to $2,500.00 Sec. 5 -52 Providing false information $250.00 Sec. 5 -111 Animal and Pet Care and Control $50.00 to $2,500.00 Section III. If any Article, Division, Section, paragraph, sentence, clause, phrase, or word of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision, shall not affect the validity of the remaining portions of this ordinance. Section IV. This ordinance shall be in full force and effect from and after is passage by the Common Council, approval by the Mayor, and legal publication with the effective date being August 1, 2014. i st RrAr.., .c PUWr 2,rt�ay 3 rd READ) :. :!G NOT APP;ZO VID REFERrM PASSW V lS ..J C� Council Member Valerie Spey South Bend Common Council Council Member Henry Davis, Jr. South Bend Common Council Filed In Cfp-i , Office FNAY$ 2014 C CITY CLERK, SO p BEND, IN Oliver J. Davis President Derek D. Dieter Vice - President Valerie Schey Chairperson, Committee of the Whole City of South Bend Common Council 441 County-City Building • 227 W. Jefferson Blvd South Bend, Indiana 46601 -1830 May 21, 2014 The South Bend Common Council 4th Floor County -City Building South Bend, Indiana 46601 Re: 3rd Substitute Bill No. 17 -14 (574) 235 -9321 Fax (574) 235 -9173 http: //w .southbendin.gov Tim Scott Dear Council Members: First District Henry Davis, Jr. On April 28th, a substitute version of Bill No. 17 -14 addressing a new Chapter 5 Second District to our City Code addressing "Responsible Animal and Pet Ownership Care and Control Regulations" and required changes to the Schedule of Ordinance and Valerie Schey Code Violations in Chapter 2 was filed with the Office of the City Clerk. Third District On May 8, 2014, I filed with the Office of the City Clerk 2nd Substitute Bill No. Fred Ferlic 17 -14. which contained new amendments, which were highlighted in red on: Fourth District pages 1 2 11 13 27 28 36 37 40 50 52 59 67 and 68. David Varner Fifth District Today, I am filing a 3`d Substitute Bill No. 17 -14 which contains additional new amendments which are highlighted in blue on pages 1, 12, 30, 31, 33, and 35. The Oliver J. Davis cross -thrus and underlining reflect changes proposed since the original Bill was Sixth District filed. Derek D. Dieter I look forward to discussing these proposed regulations with you. Thank you. At Large nce�lQy� ` ' Gavin FerlicC4.�_ v�.! At Large Karen L. White Council Member Valerie "Schey At Large 3`d District Council Member Attachment 6-M 00- RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 525 East Colfax Avenue AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF AN EIGHT (8) YEAR REAL PROPERTY TAX ABATEMENT FOR COLFAX HILL PARTNERS, LLC WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 525 East Colfax Avenue, South Bend, Indiana, and which is more particularly described as follows: Lots 89 -90 55 Ft W End Ea O P Lowell and Lot 89 44'N Side Ex 55'W End O P Lowell and 110 Ft E End Lot 90 22X110 Ft S Side E End Lot 89 O P Lowell and which has Key Numbers 018 -5005 -0128, 018 -5005 -0129, and 018 -5005 -0130 be designated as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6- 1.1- 12.1 -2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS, the Council has determined that: the qualifications for an economic revitalization area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION II. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for up to a period of eight (8) years as shown by the attachment pursuant to Indiana Code 6 -1.1- 12.1 -17 and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et seq. SECTION III. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. PESENTEV . 90'r Appp.ovro 'kC\DP Ifi C)LLQ- -5 yjw-;�- ( k: Member of the Common Cou Qanl�uss ,:,f. „d ` i m do lip' liar\ 28 414 CITY 1 ER, ?r;4C, IFs RESOLUTION NO. A RESOLUTION WAIVING THE REQUIRED FILING DATE OF MAY 10, 2013 AND ACCEPTANCE OF THE DEDUCTION APPLICATION OF THE LATE FILING OF DEDUCTION APPLICATION FOR THE NEW MANUFACTURING EQUIPMENT LOCATED IN AN ECONOMIC REVITALIZATION AREA FILED UNDER RESOLUTION 4198 -12 FOR THE TIRE RACK LOCATED AT 7101 VORDEN PARKWAY Whereas, The State of Indiana, County of St. Joseph, Adopted by the Common Council of the City of South Bend, Indiana commonly known as 7101 Vorden Parkway, South Bend, Indiana had adopted RESOLUTION 4198 -12, pursuant to Indiana Code 6 -1.1- 12. Ito be an economic revitalization area for purposes of a five (5) year real tax abatement for the Tire Rack. Whereas, Resolution 4198 -12 was presented and adopted by the Common Council on August 13, 2012. Whereas, Mr. Joseph lams states that the Application for Deduction from Assessed Valuation for New Manufacturing Equipment in Economic Revitalization area ( Form 322) was not filed by the Company by the due date. Whereas, the Auditor's Office states that it has never received the required Form 322. Whereas, the tax bill which was to have been abated results in a tax being due of $95,333.24. With the abatement, the tax bill would be $5,583.03. Now, therefore be it resolved by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. The petitioner has presented testimonial evidence of the following facts in support of this resolution: A.The petitioner states that they were unaware that the Form 322 needed to be filed with the Auditors Office. B. The stated property cannot afford this large tax bill at the present time. C. The Tire Rack has met the project cost goal stated in their original petition for a tax abatement. The initial cost of the project was estimated to be 54,700,000 and the actual cost was 55,459,792. Thirty new positions have been created with a payroll of $1,755,220. The new payroll goal was S1 ,600,000. E. The project is an outstanding asset to this community. F. All other required documentation has been received from The Tire Rack by the required due dates. SECTION 11. The foregoing facts, taken together, lead the Common Council to conclude that compelling reasons exist to waive the filing deadline. SECTION II1. The Common Council hereby waives the filing deadline of May 10th 2011 and pursuant to Indiana Code 6- 1.1- 12.1 -4.8 adopts this resolution that authorizes acceptance. Member of the Common C ncil Filed in Cis rk's Office MAY -9) 2014 JOHN VOORDE CITY CLERK, SOUTH BEND, IN May 8, 2014 South Bend Common Council City of South Bend 227 W. Jefferson Blvd. South Bend, Indiana 46601 -1830 RE: Resolution Number; 4198 -12 South Bend Common Council Members, TIRE PerformaSc ° 7101 Vorden Parkway South Bend IN 46628 800 428 8355 574 287 2345 FAX 574 236 7707 www.tirarack.com This letter is written to respectfully request reinstatement of tax abatement effective March 1, 2013 for the property described as "Lot 1 BW Business Park Major Sub 02.03 New Replat 4013-16-01". This is a new office building approximating 34,000 sq. ft, and is located at 7015 Vorden Parkway, South Bend, Indiana 46628. The Common Council had originally adopted and approved tax abatement for this property under Resolution Number 4198 -12 dated August 14, 2012. We received Notice of Assessment (Form 11) dated November 5, 2013 from the St. Joseph County Assessor sometime in mid- November 2013 with a retroactive assessment date of March 1, 2013. While the Form 11 states clearly "The Deadline to file an appeal is December 20", 2013 ", we did not intend to file an appeal because we agreed with the assessment value as stated on the Form 11. We had assumed that we met all filing compliance obligations for tax abatement and did not associate the Form 11 with any new filing requirement. The Tire Rack had timely filed the original Statement of Benefits (see attached) for the project tax abatement and all subsequent annul filings of Form CF -1, Compliance with Statement of Benefits (see attached). We received a property tax bill from the St. Joseph County Treasurer in April 2014 for taxes assessed March 1, 2013 and payable by May 12, 2014. We then Inquired why the bill did not reflect the approved abatement. We were Informed that Form 322/RE, Application for Deduction from Assessed Valuation of Structures in Economic Revitalization Areas (ERA), Is required to be filed with the County Auditor. Upon reading the Form 322/RE It states, "To obtain this 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 (or new assessment) 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." Since the notice of assessment for March 1" 2013 was sent in November 2013 we could not meet the May 10`" requirement. Since we could not meet the first filing date of May 10'" it then falls to the "thirty (30) days after the assessment notice is mailed" filing date. We failed to meet this filing date because, as stated before, we had assumed that we met all filing compliance obligations and did not associate the Form 11 with any new filing requirement. We have completed the Form 322/11E (attached) and respectfully request the Common Council's support in resolving the timely filing of Form 322/RE with the County Auditor. Respectfully, Joseph T. Jams JOSEPH T. JAMS Chief Financial Otficar Extension 4363 llama @tlrerack.com 227 W. Ju 112sm Bout IIv,\RD SIII IF 1400 S. Soul;l Bt), IN 46601 -1830 CITY OF SOUTH BEND COMMUNITY ETE BUTTIGIEG, MAYOR NVESTMENT May 8, 2014 SCOTT FORD, EXECUTIVE- DIRECTOR. Council Member Gavin Ferlic, Chairperson Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Real Property Tax Abatement Petition for: The Tire Rack Dear Council Member Ferlic: Pllo,Nf : 574/235-9371 Fax: 574,235-902 1 The Tire Rack was approved for a five year real property tax abatement on August 13, 2012 through resolution number 4198 -12. The filing deadline for Form 322 was May 10, 2013. The petitioner maintains that they were not aware that a Fonn 322 needed to be filed with the Auditor's Office at the completion of the project. The Department of Community Investment did mail the petitioner a Form 322 on July 9, 2012 but it must not have reached the proper destination. Consequently, the petitioner did not receive his abatement for the pay 2014 tax year. The company is requesting a resolution from the Common Council waiving the filing date for the Deduction Application. A representative of the company will be available to meet with the Committee on Tuesday, May 27, 2014. To accomplish this request, a tax abatement recipient must notify the Council in writing. Attached you will Lind a letter from the company's representative, Joseph Iams, requesting the waiver. Should you or any of the other Council members have any questions concerning the report or need additional information, please feel free to call me at 235 -9278. Sincerely, b Director Busin evelop lent Attachments c: South Bend Common Council Members Deputy Mayor Brock Zeeb Scott Ford PIXN. \IN(; NE:ICIII union EN'GACENIF. \'1 Bt NINr.ss DEVEWPNIFAr Ecoso.mc Rrxoc aces (lilt K \I\ P\ \Ili \C, MI'1VR CaR1S FII I IAW DON \II) E. I \RS \ NC' , l �d RESOLUTION NO. 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 9149 918,9239 925, 9279 9309 932.59 1024, & 1030 OAK; 922, 930, 1002.5, 1014, 10189 & 1020 FUERBRINGER; 418, 417, and 500 BLK SHERMAN; 501 HARRISON; 423, 429, & 431 COTTAGE GROVE; 327, 329, 331, 408, 412, 4179 & 403 CUSHING AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A (5) FIVE -YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR LINCOLN PARK DEVELOPMENT LLC WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement have been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as, 914, 918,923, 925, 927, 930, 932.5, 1024, & 1030 Oak; 922, 930, 1002.5, 1014, 1018, & 1020 Fuerbringer; 418, 417, and 500 blk Sherman; 501 Harrison; 423, 429, & 431 Cottage Grove; 327, 329, 331, 408, 412, 417, & 403 Cushing South Bend, Indiana, and which is more particularly described as follows: 1) 914 Oak South Bend IN Parcel ID: 18 -1029 -1276 Legal Description: Lot Numbered Four (4) as shown in the recorded Plat of Lorenz Fuerbringer's Addition 2) 918 Oak South Bend IN Parcel ID: 18 -1020 -1278 Legal Description: West 17 and 4/5 feet of Lot 5 and the East 17 and 4/5 feet of Lot 6 Fuerbringers I" Addition 3, 4) 923 Oak, 925 Oak, 927 Oak, South Bend IN Parcel ID: 923 Oak- 18 -1030 -1345 925 Oak -18- 1030 -1344 927 Oak- 18- 1030 -1343 Legal Description: 923 Oak- 35 Feet E Side lot 11 Fuerbringers 2 "d addition 925 Oak- 17.5 feet East side lot 10 and 17.5 feet West side Lot 11 Fuerbringers 2 "d Addition 927 Oak- Except 17.5 Feet West Side Lot 10 Fuerbringers 2 "d Addition 5) 930 Oak and 932.5 Oak South Bend 1N Parcel ID: 930 Oak— 18- 1029 -1281 932.5 Oak 1801029 - 1281.01 Legal Description: 930 Oak- Part of lot 8 of the recorded plat of Fuerbringer's beginning at the Northeast corner of said Lot 8; running thence South along the East line of said lot, 132 feet to the Southeast corner thereof, thence West along the South line of said lot, 26.825 feet; thence North 132 feet to the North line of said lot; thence East along the North line, 26.65 feet to the place of beginning 932.5 Oak- W %z Llot 8 Fuerbringers 15t addition 6) 1024 Oak South Bend IN Parcel ID: 18-1033-1449 Legal Description: Lot 6 William Millers 7) 1030 Oak St South Bend IN Parcel ID: 18-1033-1447 Legal Description: Lot 8 William Millers 8) 922 Fuerbringer South Bend IN Parcel ID: 18-1030-1334 Legal Description: Lot Numbered 22 as shown on the recorded plat of Furebringer's Second Addition to South Bend, except 10 feet off of the West side thereof and except a parcel described as beginning 18 inches West of the Northeast corner of lot 22: thence East 18 inches to the Northeast corner; thence South to the Southeast corner of lot 22; thence West 1 foot 9 inches, thence Northeast to the place of beginning 9) 930 Fuerbringer South Bend IN Parcel ID: 18 -1030 -1333 Legal Description: All of Lot numbered 29 and part of Lot numbered 22, of Fuerbringer's 2 "d Addition, described as beginning at the Northwest corner of said lot numbered 23; running thence East along the South line of Fuerbringer St 50 feet; thence Southerly 120 feet to a point on the North line of a public alley, which point is 10.58 feet east of the Southeast corner of said lot numbered 23; thence West 50.58 feet to the Southeast corner of lot number 23; thence North 120 feet to the place of beginning 10) 1002..5 Fuerbringer South Bend IN Parcel ID: 18-1030-1332 Legal Description: Lot 24 Fuerbringers 2 "d Addition 2 11, 12, 13) 1014 Fuerbringer, 1020 Fuerbringer, 418 Sherman, 1018 Fuerbringer, 418 Sherman South Bend IN Parcel ID: 1014 Fuerbringer- 18 -1034 -1499 1020 Fuerbringer- 18- 1034 -1497 418 Sherman- 18- 1034 - 1497.02 1018 Fuerbringer- 18- 1034 -1498 418 Sherman- 18- 103401498.02 Legal Description: Wunderlich Subdivision lots 1 -3 and 5 of Witherill's addition 14) 417 Sherman South Bend IN Parcel ID: 18 -1034 -1490 Legal Description: Lot 4 Witherill's 15) 500 Blk Sherman South Bend IN Parcel ID: 10-1034-1480 Legal Description: Lot 16 O.S Witherills 2nd Addition 16) 501 Harrision South Bend IN Parcel ID: 18- 103001311 Legal Description: Lot numbered 6 as shown on the recorded plat of Rockstroh and Nickel's First Addition 17) 423 Cottage Grove South Bend IN Parcel ID: 18-1030-1329 Legal Description: Lot 27 of Fuerbringer's 3`d Addition 18) 429 Cottage Grove South Bend IN Parcel ID: 18-1030-1327 Legal Description: Lot 29 Fuerbringers 3`d Addition 19) 431 Cottage Grove South Bend IN Parcel ID: 18-1030-1326 Legal Description: Lot 30 Fuerbringer's 3`d 20) 327 Cushing and 329, 331 Cushing South Bend IN Parcel ID: 327 Cushing- 18- 1028 -1254 329 and 331 Cushing- 18 -1028 -1253 Legal Description: 327 Cushing - the south 34 feet of Lot 18, Heintzman's 329 and 331 Cushing - The north 30.57 feet of lot 18, Heintzman's addition 21)408 Cushing and 412 Cushing South Bend IN Parcel ID: 408 Cushing- 18- 1028 -1266 412 Cushing- 18- 1028 -1265 Legal Description: 408 Cushing- S % Llot 6 Heintzman's Addition, 412 Cushing - the North % of lot 6 Heintzman's Addition 22, 23, 24) 417 Cushing and 403 Cushing South Bend IN Parcel ID: 417 Cushing- 18- 1028 -1249 403 Cushing -18- 1028 -1252 Legal Description: 417 Cushing — the South %2 Llot 15, Heintzman's Addition 403 Cushing - lot 16 and 17 Heintzmans addition and this property has Tax Key Numbers 018 - 1029 -1276, 018 - 1029 -1278, 018 -1030 -1345, 018- 1030- 1344, 018 - 1030 - 1343, 018 - 1029 - 1281, 018 - 1030 - 1281.01,018- 1033 - 1449,018 -1033- 1447, 018- 1030 - 1334, 018 - 1030 -1333, 018 - 1030 - 1332, 018 - 1034 - 1499,018- 1034- 1497,018- 1034- 1497.02; 018 - 1034 - 1498, 018 - 1034 - 1498.02, 018 - 1034 - 1490,018- 1034 - 1480,018 -1030- 1311, 018 - 1030 -1329, 018- 1030 - 1327, 018 - 1030 - 1326, 018 - 1028 - 1254,018- 1028- 1253,018- 1028 -1266, 018 -1028 -1265, 018- 1028 -1249, and 018 - 1028 -1252 be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1 -12.1 gt sea., and South Bend Municipal Code Sections 2 -76 et seq., 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 a Residentially Distressed Area under Indiana Code 6 -1.1 -12.1, et sue., 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 a Residentially Distressed 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 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 that the area meets one of the following conditions as formally established in Ordinance No. 9394 -03, which was passed on February 10,2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36 -7 -9; or 0 ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1 -25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or, G. The area (plus any areas previously designated under this subsection) will not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. 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. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community Investment Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council, SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years as shown by the attachment pursuant to Indiana Code 6 -1.1- 12.1 -17. SECTION VIII. 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 IX. Pursuant to Indiana Code 6- 1.1- 12.1 -2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s t: • , r Member of the Common Council $ 1>Eg di this N1111 is only t0 pmft 0 oplmp°I Id p^, a�8�tt� etld Council aGum on Us Wwap u Filed in Clerk's Office MAY 28 2014 (CITY CL2R fiN, SOUTH REND, IN 227 W..h I i I RSON Baal I NARu St nn+ 1400 S. Sou I II BI.NU. IN 46601 -1810 May 7, 2014 CITY OF SOUTH BEND PETE BUTI IGIEG, MAYOR COMMUNITY INVESTMENT SCOTT FORD, ExF..CUTIVF DIRECTOR Council Member Gavin Ferlic, Chairperson Community Investment Committee South Bend Common Council 4th Floor, County City Building South Bend, IN 46601 RE: Residential Real Property Tax Abatement Petition for: Lincoln Park Development LLC Dear Council Member Ferlic: PHONr:574;2350.371 FAX: 571235 -9021 Please find attached the Department of Community Investment's report on a residential real property tax abatement petition submitted by Anne Mannix of Lincoln Park Development LLC to build 24 single - family homes as part of a cooperative in the Lincoln Park Neighborhood. Also attached is a copy of the petition, Statement of Benefits form, and supporting information. The report contains the department's findings relative to the above petition. The petitioner proposes to build 24 single - family homes at a cost of approximately $4,689,376. The project meets the qualifications for a (5) five -year residential property tax abatement. The petitioner will be available to meet with the Committee on Wednesday, May 28, 2014. Should you or any of the other Council members have any questions concerning the report, or need additional information, please feel free to call me at 235 -5845. Sincerer Brock Zee Director of Economic Resources Attachments cc: South Bend Common Council Members Deputy Mayor Mark Neal Scott Ford Chris Fielding PLANNING NEIGimoauoon E\cnta:Nu:,-r BrSINEss r ECONOMIC RESOrRCr.X Jirn K v\ P\%111 \ (7 MI )11t Cmas Fu u1ma BROPK Zn IT 5 YEAR 21 -Mal 6lncoln Park South Berriteduarpe Township RCaramiVAIR"IAOperty Tax Aealea lSexie b' Eal mated Prelecl Coat Tgfal Taxed Tax ftal . Tax Paid - Asseased Value' SaupWre l % AV of dead 1000°, 195390.00 195539000 105.39000 Lane Value 20.000 20.000.0 N/A NIA Gross Assessed Value 215990.00 195.300,00 195,390 00 Lass Moriga8e Exemption (2000.0(y (3.000.00) (3.000001 Less H ... Shad DecaChon (45000.00) (45.00.00) (45.00!1-00) Less Supplemental Homestead Deduction (59.63650) (59636.50) (5963650) Base Assessed Value 107./53.50 87.75350 67753.50 Less Maximum Abatement Deduction N/A NIA (74.880.00) Less Non - Abated Amount N/A (12.87350) NIA Mus Land Assessed Value NIA N/A 20.00000 Net Assessed Value 10775350 74.880 co 32673:0 fidelity Taxes. Assume bel ltax rate of 50220% 50228% 5022Wi: Gross Tax (,A. rate x net assessed value) 541222 376105 1,65116 Less County COIT Homestead Credit 73430 °.A 1397421 276 17 /121241 Tax Oue Before CrrCurl Beaker 5.14.80 3.48488 1.52992 Less C,rret Breaker Cred.l (2315.99) (2.315.99) 000 Net Tax 2.698.81 1.16889 1.529 92 Circuit Breaker Cap OrrCwt Breaker 1.Da0a, 2.153.90 1.953.A 2.15390 Debt Service 05057% 544.91 318.57 165.24 Cartel Brake, Cap 269881 233257 2320.14 Net Trial Assessed Taxes Tax Tax Year Value Due Abated Pad 1 10U5350 2.698.81 1,16089 1.52992 2 107753.50 2.69881 1.1 6089 1529.92 3 10 7.75350 2.698.81 1.1 Go 89 1.52992 4 107.753.50 2.89881 1.16889 1.529.92 5 10775350 269801 1,16889 1,529.92 5 year totals. 13.49405 5.84446 7.41959 `This svhedule IS for esemation purposes only and assumes denmenl tax rates The true tax Yeats wJl uWmately be determ✓2d by me rell ..eased vaaatron and the then current tax rates "Tan Abated is capped .1571,880 of assessed Ynlue of Structures only and does not mtlude and assessed vial "'Tax fo Ia calculaled uemg Ne O111601C. batvann actual assessed value of leveiore and maximum abated portion of 574.000 and adding back the land assessed value x", - n-, 24 4.689.360 n.r r el1-1 24 ra ru e4 ia- tl v.au:r aae `111 28.053 36.718 28.053 36,718 28.053 36.718 28.053 36,718 28.053 36.718 140.267 183.5590 number of green elements that will provide for long term sustainability and affordability. South Bend Common Council RE: Lincoln Park Development LLC May 7, 2014 Page 2 Total taxes to be abated during the (5) five -year abatement period are estimated to be $5,844 per home or $140,267 for the project. Total taxes to be paid during the (5) five -year abatement period are estimated to be $7,650 per home or $183,590 for the project. ABATEMENT QUALIFICATION 1. A review of the tax abatements previously granted finds that the petitioner has not been associated with or been granted any previous tax abatements. 2, The Building Commissioner has reviewed this petition and finds the property to be properly zoned for the proposed project. 3. A review of the Tax Abatement Ordinance No. 9394 -03 finds that the petitioner meets the qualifications for a (5) five -year residential tax abatement under Section 2 -77.1, Single Family Residential Construction. Table of Contents Filed In MAR J JOHN lS:Ot "ID2 CITY CLERK, SOUTH BEND, IN 1. City of South Bend Tax Abatement Forms 2. Proposed Unit Plans 3. Proposed Site Plans 4. Exhibit A: Lot List and Corresponding Legal Descriptions 5. Exhibit B: Site Map 6. Exhibit C: Current Site Photos 7. Exhibit D: Address and Parcel ID List Including Two Years of Property Taxes and Current Assessed Value CITY OF SOUTH BEND, INDIANA PETITION FOR RESIDENTIAL TAX ABATEMENT CONSIDERATION The undersigned owner(s) of real property, located within the City of South Bend, hereby petition the Common Council of the City of South Bend for Residential Real Property tax abatement consideration and pursuant to I.C. 6.1.1. 12.1.1, et sea., and South Bend Municipal Code Sec. 2 -76 et sea., for this petition state the following: I. Describe the proposed construction project, including information about square footage, number of rooms, number of stories, other amenities such as finished basements and garages, the amount of land to be used, the proposed use of the improvements, and a general statement as to the importance of the project (use additional sheet for long project descriptions): The project will consist of 24 single family hones in the City's Lincoln Park Neighborhood. The hones will consist of a mix of 2, 3 and 4 bedroom units and will have basements and garages. Attached are proposed unit plans and site plans for the majority of the lots involved. The homes will be part ofa housing cooperative and will provide affordable rents To low income families Who are a160 %or less AMI. The horses will amount to a total of 28,814 square feet of residential living space. The lots being developed are equal to 3.4 acres. This project addresses the housing goals set forth in Lincoln Park Revitalization Plan and will serve as a catalyst to fudhs redevelopment in the area. The project also addresses the City's goalsregarding vacant and abandoned homes by returning residential opportunitiesto an established neighborhood. 2. Estimate the dollar value of the construction project (do not include land cost): $__ 4,689,376 , 3. The real property for which tax abatement consideration is petitioned (Property) is owned or to be owned by the following individual(s) or corporation($) (if the business organization is publicly held, indicate also the name of the corporate parent, if any, and the name under which the corporation has filed with the Securities and Exchange Commission): Name Address Interest Lincoln Park Development, LLC 724 W Washington South Bend IN 46601 Owner please see attached sheet with parcel address and tax id and having roux 4. The commonly known address of the Property is: _____-------------------------------- key no.:____ Exhibit ________________ (use additional sheet for multiple addresses or key numbers). 5. A legal description of said Property(s) is attached hereto, marked Exhibit A, and is incorporated herein. 6. A map and /or plat indicating the location of the Property(s) is attached hereto, marked Exhibit B, and is incorporated herein. 7. Photographs of the Property(s), taken within two (2) weeks of the filing of this petition, are attached hereto, marked Exhibit C, and incorporated herein. $54,600 (exhibit D breaks down by parcel ) 8. The current assessed valuation of the property before construction is $_____________ (use additional sheet for multiple addresses). (Information may be obtained from the St. Joseph County Assessor's Office, 235. 9523). 9. List the real property taxes paid at the location during the previous two years, whether paid by the current owner or a previous owner (use additional sheet for multiple addresses): Please see Exhibit D Property taxes pad during the last two years have been pad by current owner. (This information may he obtained from the St. Joseph County Treasurers office, 235.9531) 10. What is your best estimate of the after completion market value of the property: $____ 4,689,376 (Rev. 5/13/11) 11. No building permit has been issued for construction on the property in connection with the improvement in question as of the date of filing of this petition. The building permit may be issued after the South Bend Common Council has approved the Declaratory Resolution. (Tax abatement is not available if a building permit has already been issued). The signature below is verification of this statement. 12. List other anticipated public financing for the project, including any assistance to be sought or already authorized through the United States Department of Housing and Urban Development funds from the City of South Bend, South Bend Housing Authority, Housing Assistance Office, St. Joseph County Housing Consortium or other public financial assistance, including but not limited to public works improvements: LIHTC , City of Swth Bend HOME, public works improvements, mortgage finandng, general partner equity 13. Describe how the property has become undesirable for or impossible of normal development because of a lack of development, cessation of growth, deterioration of improvements or other factors which have impaired values and prevent a normal development of the property: The properties have been abandoned and the neighborhood has seen many years of decline. This is an area in great need of redevelopment yet it has been slow to attractdevelopers The homes that existed on the properties suffered from ne k andwere no linger habitable and need to be torn down. The vacant land increasesthe abandoned look of the entire naghbodhood. Themostoompafibleand logical development is redeveloping single family homes on the lots to attract more developers to the area. Linoolnway Corridor Plan as the Chapin Park and the 14. The current use of the property is __vacantlots ---------------------------------- - - - - -- and the current zoning is residential _ (use). (This information may be obtained from the Building Department 235.9553) 15. The property is located in the following Allocation Area (if any) declared and confirmed by the South Bend Redevelopment Commission (requiring approval of the tax abatement by the Redevelopment Commission): n/a 16. The following person should be contacted as the petitioner's agent regarding additional information and public hearing notifications: Name Anne Mannix ___ ______ _______________________ __ Address 724 W Washington St City, State, Zip Sat- Bend, W Telephone ___ --- --------------------------- (574) 2884T69 --------------------------------------------- ____ ----------------------------------------------------------- E -mail Address ,annix.nda@wmmst.net — mmst.net -------------------------------------------------------- ---------- - - - - - -- WHEREFORE, Petitioner has paid the required fee of $50.00 and requests that the Common Council of the City of South Bend, Indiana, adopt a declaratory resolution designating the area described herein as a residentially distressed area for the purposes of real property tax abatement consideration, and after publication of notice and public hearing, determine that the qualifications for a residentially distressed area have been met and confirm such resolution. Filed in office E AR 2914 —7-17�_ JOHN Vao" ttE CITY CLERK, SOtt, s+, SEND1 IN Name of Property Owner(s): Lincoln Park Development LLC By: --- - - - - -- (Signature) (Rev. 5/13/11) 2 Anne Mannix, Member Lincoln Park Development -1-C -------------------------------- (Typed or printed name and capacity) CITY OF SOUTH BEND, INDIANA REQUIREMENTS FOR ALL PETITIONERS SEEKING SINGLE - FAMILY RESIDENTIAL DEVELOPMENT REAL PROPERTY TAX ABATEMENT CONSIDERATION FOR MULTIPLE PARCELS As a condition of granting a petition which seeks single - family residential real property tax abatement consideration for development of multiple parcels in the City of South Bend, Indiana, the petitioner seeking such abatement pursuant to the applicable provisions of the Indiana Code, the Indiana Administration Code and the South Bend Municipal Code must additionally agree to the following: 1. Filing Requirement with the Office of The City Clerk: File with the Office of the City Clerk, 4` Floor County -City Building, South Bend, Indiana 46601, prior to the South Bend Common Council taking final action on a petitioner's Confirmatory Resolution for single - family residential construction where multiple parcels are involved and which is specifically addressed in § 2 -77 of the South Bend Municipal Code, the petitioner's written information statement to be given to all individuals inquiring about any parcels in the petitioned area. 2. Required Contents of Information Statement: Said information statement must be on the petitioner's official stationary which lists their business name, street address, city, state and zip code, telephone and facsimile numbers, email address if any, and contact person(s) and which must include the following: • Official name of the development as listed in the documents of record with the Office of the City Clerk of South Bend, Indiana • A map of the development addressed by the abatement listing the property key number for the parcel in question as well as its street address • Verification of the number of years granted by the tax abatement and the month/year the final action was taken by the South Bend Common Council • Verification and confirmation of the abatement's maximum dollar amount of the assessed value of the improvements on the parcel in question and a statement that the assessed value of the land is not abated • Verification of the petitioner (developer's) duties with regard to the Statement of Benefits form (SB -I ) • Verification of the proposed property owner(s)' duties with regard to the FORM 322/RE which must be completed and filed by the owner and builder after completion of the home and prior to occupancy, with said form being attached to the Information Statement (Rev. 5/13/11) (Rev. 5/13/11) • An attachment of the Confirmatory Resolution which approved the abatement in question • Inclusion of contact information, including but not limited to: Department of Community and Economic Development Division of Economic Development 1200 County -City Building South Bend, Indiana 46601 (574) 235 -9371 (574) 235 -9021 Facsimile St. Joseph County Auditor's Office 2nd Floor County -City Building South Bend, Indiana 46601 (574 235 -9668 (574) 235 -5024 Facsimile Office of the City Clerk 4`h Floor County -City Building South Bend, Indiana 46601 (574) 235 -9221 (574) 235 -9173 Facsimile 3. Required Filing of All Revised Information Statements: Any Information Statements which are revised should be filed with of Office of the City Clerk as soon as practicable by the petitioner /developer and in no event filed later than their first use with prospective property owners in the affected tax abatement area. I Anne Mannlx , the petitioner of record seeking single - family residential development real property tax abatement consideration for multiple parcels in the City of South Bend, Indiana, for the abatement commonly referred to as South Bend Mutual Homes hereby acknowledges the requirements set forth herein and agree to abide by such conditions. al,4- / V Member, Lincoln Park Development, LLC (Signature) Typed Name of Record A"'" Ma(xn' v Address and Telephone Number of Record +aN Lk) Was h:ngqhn 5+ 5c CO-h -�) u-&t rl Witne s Signature (hv,fmun (5 -4y b - i) 3 4 Typed Name and Officia Capacity Dtvcluwne„4 Niurvkje, Address and Telephone Number 33 U�� h' ^ .� n 5t ScU'i'h tl N yu (s 4v) 0 3y -5111 Signed this $ day o �_,z O) L _ Filed lr3 ° =r rs;' office MAR -.3 2014 CITY CLERK, 00,1'i H 3END, IN a "s STATEMENT OF BENEFITS r1 REAL ESTATE IMPROVEMENTS rJ Slate Form 51767 (R2 / 1 -07) Prescribed by the Department of Local Government Finance This statement is being completed for real property that qualifies under the following Indiana Code (check one box): 0 Redevelopment or rehabilitation of real estate improvements (IC 6- 1.1- 12.1 -4) ❑ Eligible vacant building (IC 6 -1.1- 12.1 -4.8) 20_ PAY 20_ FORM SB -1 I Real Property 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. "Projects" planned or committed to after July 1, 1987, and areas designated after July 1, 1987, require a STATEMENT OF BENEFITS. (IC 6 -1.1 -12.1) 2. Approval of the designating body (City Council, Town Board, County Council, etc.) must be obtained prior to initiation of the redevelopment or rehabilitation, BEFORE deduction maybe approved. 3. To obtain a deduction, application Form 322 ERA/RE or Form 322 ERANBD, Whichever is applicable, must be filed with the County Auditor by the later of (1) May 10, or (2) thirty (30) days after the notice of addition to assessed valuation or new assessment is mailed to the property owner at the address shown on the records of the township assessor. 4. Property owners whose Statement of Benefits was approved after June 30, 1991, must attach a Form CF -1 /Real Property annually to the application to show compliance with the Statement of Benefits. (IC 6- 1.1- 12.1- 5.1(b) and IC 6- 1.1- 12.1- 5.36)) 5. The schedules established under IC 6- 1.1- 12.1 -4(d) for rehabilitated property and under IC 6 -1.1- 12.1- 4.8(1) for vacant buildings apply to any statement of benefits approved on or after July 1, 2000. The schedules effective prior to July 1, 2000, shall continue to apply to a statement of benefits filed before July 1, 2000. SECTION INFORMATION Name of taxpayer Lincoln Park Development LLC Address of taxpayer (number and street, city, state, and ZIP code) 724 W Washington Street South Bend IN 46601 Name of contact person Telephone number 2884369 E -mail address Anne Mannix amwnix.nda @mmcast.net SECTION • • AND DESCRIPTION OF •••• PROJECT 56,300 Name of designating body South Bend Mutual Homes Resotulion number Location of property Lincoln Park Neighborhood County Saint Joseph DLGF taxing district number 0 71026 Description of real property improvements, redevelopment, or rehabilitation (use additional sheets if necessary) Estimated start date (month, day. year) 24 Single family homes will be reestablished in the neighborhood using lots that were formerly residential and remained zoned as such. 10/20/14 Estimated completion date (month, day. year) SECTION OF • AND SALARIES AS RESULT OF .••• r • -• e number addiuppal ISalaries $35,000 NOTE: Pursuant to IC 6 -1.1- 12.1 -5.1 (d) (2) the COST of the property REAL ESTATE IMPROVEMENTS is confidential. COST ASSESSED VALUE Current values 25,000 56,300 Plus estimated values of proposed project $4689376 $485,000 Less values of any property being replaced 0 Net estimated values upon comnletion of nrnient 3471437fi 11 ¢eoc inn Estimated solid waste converted (pounds) n/a Estimated hazardous Other benefits South Bend Mutual Homes will bring the development of a residential cooperative to the Linoolnway Corridor. The It intone families who seek long term, stable housing options. Affordable housing will bring about much needed freight The homes will be built with a number of green elements that will provide for long term sustainablity and affordability. I hereby certify that the representations in this statement are true. n/a tCAifkp, ,..5 2014 JOHN V.201'ZE CITY CLEW", 30J T SM BEND, IN Signature of a_ uthorized representative Title Member, Lincoln Park Development, LLC Date signed (month, day, year) 5/2/14 Page 1 of 2 FOR USE OF THE DESIGNATING :.. We have reviewed our prior actions relating to the designation of this Economic Revitalization Area and find that the applicant meets the general standards adopted in the resolution previously approved by this body. Said resolution, passed under IC 6 -1.1 -12.1, provides for the fallowing limitations: A. The designated area has been limited to a period of time not to exceed calendar years' (see below). The date this designation expires is 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 3. Occupancy of a vacant building ❑ Yes ❑ No C. The amount of the deduction applicable is limited to $ D. Other limitations or conditions (specify) E. The deduction is allowed for years' (see below). 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 Dale signed (month, day, year) Attested by (signature and title ofaftester) Designated body ` If the designating body limits the time period during which an area is an economic revitalization area, it does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years designated under IC 6 -1.12- 12.1 -4. A. For residentially distressed areas, the deduction period may not exceed five (5) years. B. For redevelopment and rehabilitation or real estate improvements: 1. If the Economic Revitalization Area was designated prior to July 1, 2000, the deduction period is limited to three (3), six (6), or ten It 0) years. 2. If the Economic Revitalization Area was designated after June 20, 2000, the deduction period may not exceed ten (10) years. C. For vacant buildings, the deduction period may not exceed two (2) years. Page 2 of 2 Unit Plans MAIN FLOOR PLAN FRONT ELEVATION SECOND FLOOR PLAN PROW ELEVATION 11 NOTES: Office ZQ14 L____l___l_­._..,__ F jovwVoo'*,DL. CITY CLFIA[L, SOUTH 89ND, IN ,. -iris: MAIN FLOOR PLAN FRONT ELEVATION SECOND FLOOR PLAN PROW ELEVATION 11 NOTES: Office ZQ14 L____l___l_­._..,__ F jovwVoo'*,DL. CITY CLFIA[L, SOUTH 89ND, IN SECOND FLOOR PLAN FRONT ELEVATION 11 L ma MAIN FLOOR PLAN FRONT ELEVATION 11 NOTES: F; --I- I - I -Z; da Don THE rcvxc I --F UNC PROJECT OVA 11 L ma MAIN FLOOR PLAN FRONT ELEVATION 11 NOTES: F; --I- I - I -Z; da Don THE rcvxc I --F UNC PROJECT IC f�� P ui G 1111111111111. 111111, `It1111111111�1� .1111111 MIN. 112 minim 111. IIIVI 1111= vc 111. It1 1111 11. lilts Ill PLASC�EJMMNEN IC f�� P ui Ill IC f�� P 0j AI� '� I�JTi7lA irw�il r m III I� � l �::`pumuuillllllll.,�� 611 PLACE ®©©M® , • ADA - TYPE NIT FRONT ELEVATION nd NOTES: MAN FLOOR PLAN T"E VVILSOM 2 LINCOLNFAKK 6'd wd PROJECT 6'd wd Site Plans Site Plans have not yet been developed for the following parcels: 914 Oak Parcel ID 18- 1029 -1276 918 Oak Parcel ID 18- 1029 -1278 925 Oak Parcel ID 19- 1030 -1344 930 Oak Parcel ID 18- 1029 -1281 418 Sherman Parcel ID 18 -1034- 1497.02 417 Cushing Parcel ID 18- 1028 -1249 403 Cushing Parcel ID 18 -1028 -1252 I 12' ALLEY OAK STREET 60'R /W This information contained herein has been assimilated from various public sources and has been compiled to assist in the placement of a building or other structure on the tract or parcel shown. This information is not intended to represent o boundary survey. Builder is responsible for verifying compliance with local building setback requirements. STAKE OUT Lang, Feeney & Associates, Inc. FUERBRINGER'S 2ND ADDITION Land Surveyors, Construction Engineers ..& Soil Scientists O LOT 11 715 South Michigan Street OAK STREET South Bend, Indiana 46601 PARCEL No. 18 -1030 1345 & pT. 1344 rile Phone e 574- 233 -18401 ..n By Fax s5a74 -674 -0374 FOR Fuerbringer's2ndttso I JMS I 1" = 20' 3- 925 and 927 Oak 12' ALLEY OAK STREET 60'R /W This information contained herein has been os imiloled from various public sources and has been complied to assist in the placement of a Wilding or other structure on the tract or parcel shown. This information S not intended to represent a boundary survry. Builder is responsible for verifying compliance with local building setback requirements. I STAKE OUT Lang, Feeney & Asslaciates, Inc. FUERBRINGER'S 2ND ADDITION Lond Surveyors, Construction Engineers & Soil Scientists part of LOTS 10 & 11 715 South Michigan Street OAK STREET South Bend, Indiana 46601 Phone 574- 233 -1841 Fox 574- 674 -0374 PARCEL No. 18- 1030 -1343 & pT. 1344 File Name omwa ay scale FOR 24761A2 TDL 1 1" = 20' PLACE BUILDERS, INC. Dace ne oats orawlag ea. 10 -20 -11 24761A2 r w J J Q �r OAK STREET - 60' ALLEY This een comps d to herein has been assimilated of aced ding r oche public struc sources and has been compiled to assist in the placement a( o building or other structure on the tract or parcel shown. This information is not intended to represent o boundary survey. Builder is responsible for verifying compliance with local building setback requirements. STAKE OUT Lang, Feeney & Associates, Inc. FUERBRINGER'S 1ST ADD Land Surveyors, Construction Engineers & Soil Scientists LOT 8 715 South Michigan Street OAK STREET South Bend, Indiana 46601 Phone 574- 233 -1841 Fox 574- 674 -0374 PARCEL No. 18= 1029 - 1281.01 AND 1281 rile Nome orarvn ey stole FOR 1 FUERBRINGER8S0 I J8F 1 1 " = 20' i r w J J Q OAK STREET 60'R /W ALLEY This Informolion contained herein has been nssimiWed tram various public sources and has been compilcd to assist in the placement of o building or other structure on the tract or parcel shown. This information is not intended to represent u boundary survey. Builders responsible for venfymg compliance with local building setback requirements. STAKE OUT Lang, Feeney & Associates, Inc. MILLER'S ADDITION Land Surveyors, Construction Engineers & Soil Scientists �J LOT 6 715 South Michigan Street OAK STREET South Bend, Indiana 46601 Phone 574- 233 -1841 Fax 574- 674 -0374 PARCEL No. 18- 1033 -1449 vile uam- Drawn ey scale FOR Miller'sAdd6so.dwq JMS I 1" = 20' FUERBRINGER STREET 401 R /W ALLEY This informotion contained herein has been aSsimlloted from Wnous public sources and has been compiled to assist in the placement of a building or other structure on the tract or parcel shown. This information is not intended to represent o boundary survey. Builder is responsible for verifying compliance with local building setback requirements. w J J Q � KIN STAKE OUT Lang, Feeney & Associates, Inc. FUERBRINGER'$ 2ND ADDITION Land Surveyors, Construction Engineers & Soil Scientists PART OF LOT 22 715 South Michigan Street 922 FUERBRINGER STREET South Bend, Indiana 46601 Phone 574 - 233 -1841 Fox 574- 674 -0374 PARCEL No. 18- 1030 -1334 rile Nome Drawn By stole FnR Fucrbrmaer's2ndPt22so JMS I 1 " = 20' Ha 14- 930 Fuerbringer X FUERBRINGER STREET 51.50' 11.28' —1400—g PORCH N 11.25' 15 HOUSE THE WILSON o ADA Ty Pe 0 o p O p N N 29.00' 8.50' 20.00' o GARAGE o 20.00' 20'W' 17.50' LOT 23 T 22 -- 51.50 ALLEY This information contained herein has been as4a:lated from various public sources and has been compiled to assist in the placement of a building or other structure on the tract or parcel shorn. This information is not intended to represent a boundary survey. Builder is responsible for verifying compliance with local building setback requirements. STAKE OUT Lang, Feeney & Associates, Inc. FUERBRINGER'S 2ND ADDITION Land Surveyors, Construction Engineers & Soil Scientists LOT 23 & PART OF 22 715 South Michigan Street 930 FUERBRINGER STREET South Bend, Indiana 46601 Phone 574- 233 -1841 Fax 574- 674 -0374 PARCEL No. 18- 1030 -1333 rile Nome Drawn ey scale FOR Fuehnngers2nd23Pt22so JMS 1" = 20' PLACE BUILDERS, INC. .onto, Rev. Dale o.awma No. 12 -15 -09 24766 15. 1002.5 Fuerbringer Fucrbn n �Nni oaK n. FUERBRINGER STREET 40'R/W 24,W 3 S HOUSE THE IAWH 4A0 . 10.00' 8 p IBAO' — 8 O N CJ N 12W W r ��. 12A0' 6W' - -- 4000 - -- - ALLEY Ms hlam UM wntaAed MeH bus been asshAted km nbus puW ==n aw has been aaaa0el U aahl m N pW.t a a buUha w au,, etmw' on U. bat a panel gam. ltd afamalNn h nor ism U rapment a beuMOry avrq. 6umeer is re wwok for wrong eampgaae mth bwl bWehg setboax rtpuBemwh. STAKE OUT Lang, Feeney 6 Asaoola[ee, Ina, FUERBRINGER'S 2ND ADDITION Land Surveyors, Construction Engineers & Soil Scientists C {� LOT 24 715 South IMlchlgan Street OAK STREET South Bend, Indiana 46601 PARCEL No. 18- 1030 -1332 Phone 574 - 233 -1841 Fax 574- 674 -0374 „o FOR Fuerbringers2nd24so JMS 1• = 20' Sti PLACE BUILDERS, INC. o•a n." va. 12- 15 -09. 24767 i I I i T,incoln ParkNeiehborhood Homes- 11 /1 /11 18. 1014 Futerl ringer N FUERBRINGER STREET 40,00' g PORCH. $12.00' 6.00' - 6.00 16.00' HOUSE THE JEFFERSON 8 8 rn 28.00' o o O N O 12.ee O 6 O KQ O LJ 23.00' 72.00' 5.00. 8 7845 _ _ — 22.70 ALLEY This inlormotlen contained herein has been assimilated from various public sources and has been compiled to assist in the placement of a building or other structure on the tract or porcel shown. This information is not intended to represent a boundary survey. Builder is responsible for verifying compliance with local building setback requirements. STAKE OUT Lang, Feeney & Associates, Inc. WUNDERLICK SUBDIVISION Land Surveyors, Construction Engineers & Soil Scientists LOTS 1 715 South Michigan Street FUERBRINGER STREET South Bend, Indiana 46601 PARCEL N0. 18 -1030 -1499 Phone 574- 233 -1841 Fax 574- 674 -0374 rile Name I Drown By Scale FOR Wunderlicklso I JMS 1° = 20' 12 -15 -09 24 PLACE BUILDERS, INC. Dale aev. oat 7 4 ora.ing ` 781 w z w 4 Z Q K W FUERBRINGER STREET This information contained herein has been ossimilated from various public sources and has been canpiled to assist in the placement of a building or othor structure on the tract or parcel shown. This information is rot intended to represent o boundary survey. Builder is responsible for verifying complionce with lout bunting setback requirements. STAKE OUT Lang, Feeney & Associates, Inc. WUNDERLICK SUBDIVISION Land Surveyors, Construction Engineers & Soil Scientists PART OF LOTS 2 AND 3 715 South Michigan Street South Bend, Indiana 46601 Phone 574- 233 -1841 Fox 574- 674 -0374 PARCEL No. 18- 1030 -1497 & 1498 me Nom, Drown sy stole FOR WunderllckN2 -3so JMS 1 = 20' PIACF BUlI.DFRS, INC. Dale Dale orowmg Na. 12 -1S -09 24782 16. 417 Sherman ALLEY 50.00' 0 zoo. CARgCf , r�6g'� 0 N X65, p0oo• z9.pa. O � J 140USf N N o° 0 � JSeO PaRaH o $ le s 50.00' SHERMAN AVENUE This information contained herein has been assimilated from various public sources am has been compiled to assist in the plocemenl of a Wilding or other structure on the Tract or parcel shown. This information is not intended to represent o boundary survey. Bolder is responsible for verifying compliance with Goal building setback requirements. STAKE OUT Lang, Feeney & Associates, Inc. WITHERILL'S 1st ADDITION Land Surveyors, Construction Engineers & Soil Scientists LOT 4 715 South Michigan Street 417 SHERMEN AVENUE South Bend, Indiana 46601 Phone 574- 233 -1841 Fox 574 - 674 -0374 PARCEL No. 18- 1034 -1490 file Nome prawn ny scale FOR Witherill's2nd4so AS 1" - 20' PLACE BUILDERS, INC. Date Rev note Drawing na. 12 -15 -09 24769 cc� 17. 500 blk Sherman ALLEY SHERMAN AVENUE ghh hlmmatiom mnttlnW 6emh hm been asimiand nom tabor pdAc mur and Ms teen mmpbd to asdeb h me phmrtenk. of a bdd6g or a oumto, oo em beet or pomW shorn. 1Ks Momg6m 'a not hdaWW to Wm at a bwald q sumy, 6ugder k.mpor8,bk fm.14*9 cmnpbnm dlh toll bddng aNhak rein nenh, Spel(IR9 STAKE OUT Lange Feeney &Asssociatese Ino. WIIHERI • LCS 1st ADDMON Land Surveyors, Comhudion En mere s Soo Sdenthds LOT 16 715 South Utehlgan Skeet SHERMEN AVENUE South Bend, Indlam 46601 Phone 574-133 -1641 Fax 574- 674 -0374 PARCEL Na. 18= 1034 -1480 fi . e I FOR Wltherill's2ndl6so JMS 1' = 20, PLACE BUILDERS, INC. 'Dora e... ome ones e•. 12 -15 +09 24770 f Lincoln Park Neiahborhood Homes- 11 /l /11 t j l i i 12 -501 Hauition 14' ALLEY 40.CO' 0 20A0' GARAGE ,� S o N 20A0 To.00 2900 P n No HOUSE No r O THE WSOR j. o ADP Type $ 1.500' w SSt' POACH o g. 14.00' 5.31 40.00 HARRISON STREET This information contained herein has been assimilated from various public sources and has been compiled to assist in the placement of a buikirg or other structure on the tract or parcel shown. This information is not intended to represent a boundary survey. Builder is responsible for verifying compliance with local Wilding setdock reauirements. STAKE OUT Lang, Feeney &Associates, Inc. ROCKSTROH & NICKOL'$ 1St ADDITION Land Surveyors, Construction Engineers & Soil Scientists LOT 6 715 South Michigan Street 501 HARRISON STREET South Send, Indiana 46601 Phone 574- 233 -1841 Fox 574- 674 -0374 PARCEL No. 18- 1030 -1311 File Ram. o.M$ awn By soot - FOR RockstrohNickols6so J 1" = 20' PLACE, RIJll_DFRS, INC. onto Rev. Dole Drawing No 12 -15 -09 24768 20- 423 Cottage Grove -07 Ndke ALLEY 42.00 0 5 12.00' 8 «� o 25.0' 12.00' 1- W W 1- N W o 0 v C � Co of Mon' M W �i HOUSE r°a, (THE JEFFERSON) H M 1600' 0 9.0' 12.00' FPORCH 42.00 COTTAGE GROVE AVENUE This Information contained herein has been assimilated from various public sources and has been complied !a assist in the placement of a building or other structure on the tract or parcel shown. This informufion is not intended to represent o boundary surwi, Builder is responsible for venlying compliance with 10001 building setback requirements. Lang, Feeney & Associates, Inc. Land Surveyors, Construction Engineers & Soil Scientists FUERBRINGER'S ADDITION 715 South Michigan Street LOT 27 South Bend, Indiana 46601 FOR Phone 574 - 233 -1841 Fox 574- 674 -0374 File Name Fuerbrin ersAdd27S0 Drawn By BKG scale - " = 20' PLACE BUILDERS, INC. - _ Dote Rev. urns Drawing No. 10 -28 -11 1 24774D -07 11 -429 Cottage Grove ALLEY 42.00' 0 5 ' 12.00' o � oN� '2.00' 25.0' 0 0 o ai N 0' N 28.00' HOUSE v (THE JEFFERSON) r 16.00' 0 7.0' 12.00' PORCH 42.00 COTTAGE GROVE AVENUE This inlormolion contain! herein has been m;nloled horn various public sources end has been compPod to ossisl in the placement of o building or other structure on the trod or parcel shown. This infornm6on is not intended to represent a bountlmy survey. Huiuce is responsible for verifying compliance with focol building setback requhements. Lange Feeney & Associates, Inc. Land Surveyors, Construction Engineers & Soil Scientists FUERBRINGER'S ADDITION 715 South Michigan Street LOT 29 South Bend, Indiana 46601 FOR Phone 574- 233 -1841 Fax 574- 674 -0374 File Nome crown By scale PLACE BUILDERS, INC. Fuerbrin ersAdd29SG BKG 1" = 20' — . Dote Re.. Dale orowinq No, 10 -28 -11 - 24774B ZL. 431 F— 14' ALLEY COTTAGE GROVE AVENUE The F1.Iw emtdoW Me . hm M aakree enn .m6wn Pdek •v+.ve and hm hee...Pled 1. onkl w a Pka d .1 a 6 i' w dtc M 4he on IM B-M- k�otppsAYS W lomw4on u rot intended M Mkn�y i ft o bandeq a,nq. it 9 taryfen<e TkA bN eeThack npAxneni STAKE OUT Lang, Peeerey 6 AsecclaEee, Inc. FUERBRINGER'S 3RD ADD Land Surveyors, Construction Engineers & Son Scienlisls LOT 30 715 South Whigan Sheet COTTAGE GROVE AVE South Bend, Indiana 45601 PARCEL No. 18- 1030 -1326 Phona 574 -233 -1541 Fa, 574- 674 -0374 FOR FUERBRMCERS30so I �A sme i" = 20' PLACE BUILDERS, INC, aaM eer. owe v,wa,e ne. ' 10 -28 -10 24774A 1/ ALLEY CUSHING STREET w N Y a 0 This information contained herein has been assimilated from various public sources and has been compiled to assist in the placement of a building or other structure on the Inset or parcel shown, this information is not intended to represent a boundary survey. Builder is respunsiWe for verifying compliance with local building setback requirements. STAKE OUT Lang, Feeney & Associates, Inc. HEINTZMAN'S ADDITION Land Surveyors, Construction Engineers & Soil Scientists LOT 715 South Michigan Street ST GUSHING STREET South Bend, Indiana 46601 -. Phone 574 - 233 =1841 Fax 574 - 674 -0374 PARCEL No. 18- 1028 -1253 & 1254 Fl,e name Drown By scale FOR Heintzman'sl8so I JMS I 1" = 20' - 4vo anct 41L Ill Ir —46 CUSHING STREET 64.57' 64.57' ALLEY This information contained herein hcs been assimilated from various public sources ark has been compiled to assist in the plocement of a building or other structure on the tract or parcel shown. This information is not intended to represent a boundary survey. Builder is responsible for verifying compliance with local building setback requicements. STAKE OUT Lang, Feeney & Associates, Inc. HEINTZMAN'S ADDITION Land Surveyors, ConstrucBon Engineers & Soil Scientists LOT 6 715 South Michigan Street CUSHING STREET South Bend, Indiana 46601 Phone 574 -233 -1841 Fax 574 - 674 -0374 PARCEL No. 18- 1028 -1265 & 1266 rim Nam< Drawn B, scal< FOR 24771A TDL. 1" = 20' PLACE BUILDERS, -INC. oal< n< oala Drawing NO 10 -20 -11 24772A_ u 10. 426 Cushing CUSHING STREET 32.28' 32.28' --j npiea b oalri b da abeement of a bi U obvn. INe ".'aalioa b not Wad, pm.Ae for vaiyin caaysoa- -M lea STAKE OUT HEINTZMAN'S ADDITION PART OF LOT 3 CUSHING STREET PARCEL No. 18- 1028 -1261 FOR PLACE BUILDERS, INC. �o c �m J r . 1.W'w g z.W' r- O W - - — B' 32.28' ALLEY ar dhw vauclwe m the Nwu4 a ba0a4ory ewey fag nlMd mivaemnb. Lunge Feeney& Ammolete /e Inc. . Land Stneeyars, Canslnte6on Engineer & Sap Scientists 715 South Michigan Sheet South Bend. Indiana 45601 Phone 574 - 233 -1641 Fax 574- 674 -0374 I eau FkintIIn n aw.n er an's3so JMS C 1" = 20' j ane flw. eete 9 t 10 -28 -10 pm" M24772A i i v Exhibit A 1 914 Oak 18- 1029 -1276 2 918 Oak 18- 1029 -1278 023O�k 18 10,30 x3'45 ,' 930 Oak 18- 1029 -1281 5 932.5 Oak 18- 1030 - 1281.01 6, "' 18 1;033'.1.449`' �'1024�O.ak 7 1030 Oak 18- 1033 -1447 921Faerb#io er .' ; [ 98=1030 13.34 9 930 Fuerbringer 18- 1030 -1333 10 ; 4002 $,.Fuerbrin er : 1871 Q30 1332 1014 Fuerbringer 18- 1034 -1499 1020 Fuerbringer 18- 1034 -1497 11,12, 13 418 Sherman 18- 1034 - 1497.02 1018 Fuerbringer 18- 1034 -1498 418 Sherman 18- 1034 - 1498.02 14 41.7 Sherman 18 -1034 -1490' 15 500 blk Sherman 18- 1034 -1480 16 ' 501 Harrison, 18- 1030 -1311- 17 423 Cottage Grove 18- 1030 -1329 18 . 429 Costa a Grove 18 -1030 -1327 19 431 Cottage Grove 18- 1030 -1326 327 Cushing_ -18-10287.1254 20 329 &x331Cushin 18;1 "028 1253 408 Cushing 18- 1028 -1266 21 412 Cushing 18- 1028 -1265 22,23, 417 Cushing 18= 1028 =1249 24'' 403 Cushing 18-1028 -1252 Legal Descriptions of South Bend Mutual Homes Parcels: 1) 914 Oak South Bend IN Parcel ID: 18 -1029 -1276 Legal Description: Lot numbered four (4) as shown in the recorded Plat of Lorenz Fuerbringer's addition to the City of South Bend, recorded November 13, 1874 in the Office of the Recorder of St Joseph County, Indiana in Plat Book 3, page 39, 2) 918 Oak South Bend IN Parcel ID: 18-1020-1278 Legal Description: West 17 and 4/5 feet of Lot 5 and the East 17 and 4/5 feet of Lot 6 Fuerbringers 1" addition, according to the recorded plat thereof, St Joseph County, Indiana Records 3, 4) 923 Oak, 925 Oak, 927 Oak, South Bend IN Parcel ID: 923 Oak- 18- 1030 -1345 925 Oak -18- 1030 -1344 927 Oak- 18- 1030 -1343 Legal Description: 923 Oak- 35 Feet Side lot I 1 Fuerbringers 2 "d addition, more commonly known as 923 Oak 925 Oak- 17.5 feet east side lot 10 and 17.5 feet west side lot 11 Fuerbringers 2 "a addition commonly known as 925 Oak St 927 Oak- 17.5 Feet west side lot 10 Fuerbringers 2 "d addition commonly known as 927 Oak St 5) 930 Oak and 932.5 Oak South Bend IN Parcel ID: 930 Oak — 18- 1029 -1281 932.5 Oak 1801029- 1281.01 Legal Description: 930 Oak- Part of lot 8 of the recorded plat ofFuerbringer's addition to the City of South Bend described as follows: beginning at the northeast comer of said lot 8; running thence south along the east line of said lot, 132 feet to the southeast corner thereof, thence west along the south line of said lot, 26.825 feet; thence north 132 feet to the north line of said lot; thence east along the north line, 26.65 feet to the place of beginning 932.5 Oak- W % lot 8 Fuerbringers 15` addition more commonly known as 932 %z Oak 6) 1024 Oak South Bend IN Parcel ID: 18- 1033 -1449 Legal Description: Lot 6 William Millers Addition commonly known as 1024 Oak Street, South Bend IN 46616 7) 1030 Oak St South Bend IN Parcel ID: 18-1033-1447 Legal Description: Lot 8 William Millers addition to the City of South Bend, according to the recorded plat thereof. 8) 922 Fuerbringer South Bend IN Parcel ID: 18 -1030 -1334 Legal Description: Lot numbered 22 as shown on the recorded plat of Furebringer's second addition to South Bend, except 10 feet off of the West side thereof and except a parcel described as beginning 18 inches west of the northeast corner of lot 22: thence east 18 inches to the northeast corner; thence south to the southeast corner of lot 22; thence west 1 foot 9 inches, thence northeast to the place of beginning 9) 930 Fuerbringer South Bend IN Parcel ID: 18 -1030 -1333 Legal Description: All of lot numbered 29 and part of lot numbered 22, all as shown on the recorded plat of Fuerbringer's 2 "d addition recorded in St Joseph County, plat book number 5, page 70, described as beginning at the northwest corner of said lot numbered 23; running thence east along the south line of Fuerbringer St 50 feet; thence southerly 120 feet to a point on the north line of a public alley, which point is 10.58 feet east of the southeast corner of said lot numbered 23; thence west 50.58 feet to the southeast corner of lot number 23; thence north 120 feet to the place of beginning 10) 1002..5 Fuerbringer South Bend IN Parcel I D: 18-1030-1332 Legal Description: Lot 24 Fuerbringers 2nd addition 11, 12, 13) 1014 Fuerbringer, 1020 Fuerbringer, 418 Sherman, 1018 Fuerbringer, 418 Sherman South Bend IN Parcel ID: 1014 Fuerbringer- 18- 1034 -1499 1020 Fuerbringer- 18- 1034 -1497 418 Sherman- 18 -1034- 1497.02 1018 Fuerbringer- 18- 1034 -1498 418 Sherman- 18- 103401498.02 Legal Description: Wunderlich Subdivision lots 1 -3 and 5 of Witherill's addition South Bend IN 14) 417 Sherman South Bend IN Parcel ID: 18 -103 4 -1490 Legal Description: Lot 4 Witherill's according to the recorded plat thereof, St Joseph County, Indiana records 15) 500 Blk Sherman South Bend IN Parcel ID: 10 -1034 -1480 Legal Description: Lot 16 O.S Witherills 2 "d addition according to the recorded plat thereof St Joseph County Indiana Records 16) 501 Harrision South Bend IN Parcel I D: 18 -103 001311 Legal Description: Lot numbered 6 as shown on the recorded plat of Rockstroh and Nickel's first addition to the City of South Bend 17) 423 Cottage Grove South Bend IN Parcel ID: 18-1030-1329 Legal Description: Lot 27 of Fuerbringer's 3d addition according to the recorded plat thereof, St Joseph County Indiana records 18) 429 Cottage Grove South Bend IN Parcel ID: 18- 1030 -1327 Legal Description: Lot 29 Fuerbringers 3rd addition according to the recorded plat thereof, St Joseph County Indiana Records 19) 431 Cottage Grove South Bend IN Parcel ID: 18 -1030 -1326 Legal Description: Lot 30 Fuerbringer's 3m addition according to the recorded plat thereof St Joseph County, IndianaRecords 20) 327 Cushing and 329, 331 Cushing South Bend IN Parcel ID: 327 Cushing- 18- 1028 -1254 329 and 331 Cushing- 18- 1028 -1253 Legal Description: 327 Cushing- the south 34 feet of lot 18, Heintzman's addition according to the recorded plat thereof, St Joseph County Indiana records 329 and 331 Cushing- The north 30.57 feet of lot 18, Heintzman's addition according to the recorded plat thereof St Joseph County Indiana records 21)408 Cushing and 412 Cushing South Bend IN Parcel ID: 408 Cushing- 18- 1028 -1266 412 Cushing- 18- 1028 -1265 Legal Description: 408 Cushing- S %2 lot 6 Heintzman's addition 412 Cushing- the north %2 of lot 6 Heintzman's addition according to the recorded plat thereof, St Joseph County Indiana records 22, 23, 24) 417 Cushing and 403 Cushing South Bend IN Parcel ID: 417 Cushing- 18- 1028 -1249 403 Cushing -18 -1028 -1252 Legal Description: 417 Cushing — the south %2 lot 15, Heintzman's addition to the recorded plat there of St Joseph County Indiana records 403 Cushing- lot 16 and 17 Heintzmans addition according to the recorded plat thereof, St Joseph County, Indiana records Exhibit B w To Ar, IUPI lQ iIf" I I 13 NW4 reh iT a t { Y r _ce .w tz, a �V a. i 5 . _ I_ � I �E?k'y y lyt: 'v1_?` f/ r �'- •.�s� "3� �a /'0 ist ��I 3y 3 -x u 2.• - - -m -.r - I R II ar TV / CYl lJU! 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OD N O O bq 'o o°'n can � ,�C .� .� ❑ � C7 C7 C7 � S d ` .-�' .-ar' �.• s.• �" z: C ❑ N p N O CJ Oq Op OD y bq 0 U) lie 000000 Nom- O O u U U U U U U u° W x U a3 7 00 M V) h CD N N MO N O O NO w w O .-+ M CT .-� l- CT 00 N h N N N M M O O N M 0 0 0 O _h O O c N N M N N 0 M CT CT CT O) CT CT CT .--� -� CT CT .-� .-. '. Vl V) M M V 7 7 �{ F LR a Ln ta N 7 O V ti n C N NEIGHBORHOOD DEVELOPMENT ASSOCIATES, LLC By: Q� L Anne E. Mannix, Sole Member RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING APPEALS OF ST. JOSEPH COUNTY, INDIANA FOR THE PROPERTY LOCATED AT 2324 ELWOOD AVENUE, SOUTH BEND, INDIANA WHEREAS, Indiana Code Section 36 -7 -4- 918.6, requires the Common Council to give notice pursuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Area Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Area Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36 -7 -4- 918.6; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36 -7 -4- 918.4, and WHEREAS, the Area Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED 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 Area Board of Zoning Appeals pursuant to Indiana Code Section 5- 14- 1.5 -5, requesting that a Special Exceptions be granted for the properties located at: (2324 ELWOOD AVENUE, SOUTH BEND, INDIANA) in order to permit: Approval of a Special Exception Use as allowed under Section 21 -03.04 (a)(2)(A) Automotive Uses, of the City of South Bend Zoning Ordinance to allow for a Gasoline Service Station facility (without repairs) on property zoned LB Local Business District. SECTION II. Following a presentation by the Petitioner, and after proper public hearing, the Common Counci I hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. 2 SECTION M. The Common Council of the City of South Bend, Indiana, hereby finds that: The proposed uses will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed uses will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed uses will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed uses are compatible with the recommendations of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code § 21 -09.03 (i). SECTION IV. Approval is subject to the Petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals, which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. PPt NCa.I AP9RC,.V,ED Member of the Common Council Idled in Clerk's Cfffic APR 14 2014 HN CITY CL RK SOUTH SEND, IN 10>"A LUanch, f/arner 4& Associates, Inc. Land Surveyors IN Professional Engineers Landscape Architects . Land Planners _O_ ffice: (574)234 -4003 1 (800)594 -4003 M Fax: (574)234 -4009 1643 Commerce Drive ■ South Bend, IN 46628 Honorable Members of the City of April 14, 2014 South Bend Common Council 4th Floor County -City Building South Bend Indiana 46601 RE: Special Exception Petition for property at 2324 Elwood Avenue, South Bend, Indiana: Dear Council Members: Our clients are requesting the approval of a Special Exception for their property located at 2324 Elwood Avenue, South Bend, Indiana. The Special Exception will allow for the operation three gasoline pumps at a renovated Convenience store facility. Our clients believe that the approval of the proposed Special Exception will fit with the nature of the Convenience store and allow for additional services at this small commercial node that will benefit the surrounding residential uses. If you have any questions concerning this matter, please feel free to give me a call at 234 -4003. Sincerely, Michael J. Danch President Danch, Harner & Associates, Inc. File # 140129 Md. "C" AREA BOARD OF ZONING APPEALS OF ST. JOSEPH COUNTY, INDIANA NO. FILED 20 NOTIFIED - 20_ HEARING 20_ APPEAL Applicant's Name: Sam & Wadad Ammori Phone 876 -5147 Address: 51343 Lilac Road. South Bend. Indiana 46628 Address of Property: 2324 Elwood Avenue, South Bend, Indiana 46628 Present Zoning of Properties: "LB" Local Business District Owner's Name: Sam & Wadad Ammori Phone 876 -5147 Address: 51343 Lilac Road, South Bend, Indiana 46628 Counsel or Consultant: DANCH, HARNER & ASSOCIATES, INC. Address: 1643 CONMERCE DRIVE, SOUTH BEND, INDIANA 46628 TO THE AREA BOARD OF ZONING APPEALS OF ST. JOSEPH COUNTY, INDIANA Appeal is hereby taken from the decision of the Building Commissioner in the matter of erecting, occupying, building, addition at 2324 Elwood Avenue, South Bend, Indiana 46628 NATURE OF APPEAL: REQUESTED VARIANCES & SPECIAL EXCEPTION: PARCEL "A" Zoned "LB" Local Business District: 1) . A Variance to encroach into the 30 ft. Front Residential Buff eryard area along Elwood Avenue (North property line) to a minimum of 4 ft. for existing driveway pavement area and a proposed Canopy facility with pumps as shown and to a minimum of 4.50 ft. along Olive Street (West property line) for existing driveway pavement area, proposed sidewalk and Canopy facility with pumps and parking. 2). A Variance from the requirement of providing perimeter trees at a minimum rate of one (1) over -story deciduous tree every forty (40) feet along the North, East, South and West property lines to providing a minimum of three (3) trqes along the West property line and use existing trees along the South property line. 2 3). A Variance from the requirement of providing a minimum of a 6 ft. wide landscape planting area along the Elwood Avenue fagade of the existing building to no landscaping and to a minimum of 15 shrubs along the Olive Street fagade as shown. 4). A Variance to encroach into the 20 ft. Side Residential Bufferyard area along the East property line to a minimum of 1 ft. for existing driveway pavement area, parking, a proposed Dumpster, Dumpster enclosure, and a screening fence as shown. 5). A Variance from the requirement of providing Type "B" Residential Bufferyard screening along the East and South property lines to providing a minimum 6 ft. high landscape screening fence along said East property line, with a 4 ft. high screening fence in the 30 ft. Front - yard setback area and to using existing vegetation along the South property line as shown. SPECIAL EXCEPTION REQUEST: 1) . Approval of a Special Exception Use as allowed under Section 21- 03.04 (a)(2)(A) Automotive Uses, of the City of South Bend Zoning Ordinance to allow for a Gasoline Service Station facility (without repairs) on property zoned LB Local Business District. The Petitioners are the owners of the real estate parcel shown on the attached site plan and as shown in the records of the St. Joseph County, Indiana Auditor's office. The Petition property presently has a Zoning classification of "LB" Local Business District. The property is being used as a Convenience Store. The Petitioners desire to renovate the interior of the existing building to update and modernize the facility. The exterior is proposed as well to get a renovation, which has not occurred for several years. As part of the renovation of the existing facility the Petitioners desire to install gas pump islands and a Canopy, providing the surrounding neighborhood with the ability to fuel their vehicles at a location close to their homes. Through discussions with the Building Department and Area Plan Commission staffs, it was determined that in order to install the gas pumps with a Canopy, approval of a Special exception and a few Variances would be required due to the fact the City Ordinances have changed. More specifically, the following Variances and Special Exception are being requested to be approved. With regards to the required Variances, the first request is to allow an encroachment into the 30 ft. Front Residential Bufferyard area along Elwood Avenue (North property line) to a minimum of 4 ft. for existing driveway pavement area and a proposed Canopy facility with pumps as shown and to a minimum of 4.50 ft. along Olive Street (West property line) for existing driveway pavement area, proposed sidewalk and Canopy facility with pumps and parking. The shown pavement area and 3 parking are existing, and have been as shown for the past few decades. The Petitioners would like to continue to use this paved surface area and parking. The proposed Canopy over the pumps would be new, but due to the SF 2- Residential zoning surrounding the property, there is a 30 ft. wide Residential Bufferyard that restricts the location of the proposed Canopy, pumps and the location of pavement, walks and parking. Due to the layout of the site with the existing building located towards the South portion of the site with a parking bay along the North side of said building, the only portion of the site left to locate the proposed gasoline dispensing facility is along the North and West portion of the property. This location creates the encroachment into the residential bufferyard. The Canopy and pumps meet the typical 15 ft. setback required in the "LB" Local Business District development standard, but in this situation, the residential component adds an additional 15 ft. to the setbacks along the two street frontages. The Petitioners do not believe this requested Variance would have a detrimental impact on the surrounding properties. The second Variance request is from the requirement of providing perimeter trees at a minimum rate of one (1) over -story deciduous tree every forty (40) feet along the North, East, South and West property lines to providing a minimum of three (3) trees along the West property line and use existing trees along the South property line. The Petitioners would state that this property has existing overhead main power lines running along the North and East sides of the property and a smaller power line feeding site security lighting along a portion of the West property line. The location of these lines, prevent any over -story trees from being placed in the area of the utility lines. The Petitioners have shown placement of three over -story trees along the portion of Olive Street (West side) not encumbered by utility lines. Along the South side of the property the owners would ask to be allowed to keep the existing dense vegetation. The Petitioners do not believe approval of this request would have an adverse affect on surrounding properties. The third Variance request is from the requirement of providing a minimum of a 6 ft. wide landscape planting area along the Elwood Avenue fagade of the existing building to no landscaping and to a minimum of 15 shrubs along the Olive Street £agade as shown. The Petitioners would state at the time the existing building was constructed there was not a requirement for a landscape bed along the frontage of the building facing the street. They would ask to be able to keep the existing front walk as shown and not be required to add a new planting bed in front of the existing building. The Petitioners have shown that they will add shrubbery along the West side of the building to create a new landscape area between Olive Street and the West face of the building. The Petitioners do not believe approval of this request would have a negative impact on any surrounding property. The Petitioners believe they are attempting to meet the intent of the City's Ordinances on this issue. 4 The fourth Variance request is to be allowed to encroach into the 20 ft. Side Residential Bufferyard area along the East property line to a minimum of 1 £t. for existing driveway pavement area, parking, a proposed Dumpster, Dumpster enclosure, and a screening fence as shown. This request is to allow the existing pavement along the East property line to remain with the existing parking at the northeast corner of the building. The Petitioners would like to take the existing dumpster which is presently in the open on the East side of the building and move it further North along the East property line and place it into an enclosure which will screen it from the street and adjacent properties. They would also desire to replace the existing fence along the east property line with a new screening fence which will vary in height from 4 ft. in the front -yard setback portion of the site to 6 ft. along the remaining portion of the East side of the site. The Petitioners believe approval of this request for improvements would not have an adverse affect on surrounding properties. The last Variance request is from the requirement of providing Type "B" Residential Bufferyard screening along the East and South property lines to providing a minimum 6 ft. high landscape screening fence along said East property line, with a 4 ft.-high-screening fence in the 30 ft. Front -yard setback area and to using existing vegetation along the South property line as shown. This request is similar to the previous request in that it would allow in place of a Type "B" screening stated in the Ordinance, the use of a screening fence along the East property line as described above and the use of existing vegetation that is present along the South side of the site. The Petitioners believe approving the screening fence instead of a row of evergreens on the East property line will allow for the efficient use of the property by letting the existing pavement remain, along with the proposed improvements and parking described in the previous request. The Petitioners do not believe approval of this request will have a negative impact on surrounding properties. The Petitioners are also requesting approval of a Special Exception Use as allowed under Section 21 -03.04 (a)(2)(A) Automotive Uses, of the City of South Bend Zoning Ordinance to allow for a Gasoline Service Station facility (without repairs) on property zoned LB Local Business District. Under the "LB" Local Business District standards, Gasoline Service Station (without repairs) requires approval of a Special Exception. The Petitioners believe approval of the Special Exception will allow for the neighborhood residents to have a facility that is close to their homes where they can fuel their vehicles. This Northwest neighborhood's access to fueling facilities, is isolated from convenient locations. Residents need to travel to the Southeast towards town, West of Bendix Drive or North on Portage Avenue South of the Toll Road. The Petitioners believe the residents would prefer to have a clean, modern facility which is closer to their homes to fuel their vehicles. 5 The Petitioners would state that the proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare. The proposed Gasoline Service Station should be an added convenience for patrons using the facility. The Petitioners would state that the proposed use will not injure or adversely affect the use of the adjacent area or property values therein. The proposed Gasoline Service Station is small in size and fits with the existing Convenience store. The gas pumps are secondary to the primary use of the property which are items sold in the Convenience store. With the proposed new fence screening and landscaping, values on adjacent properties should not be adversely affected. The Petitioners would state that the proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein. The combination of the existing Convenience store with the addition of the gas pumps is in keeping in character with of the district and the surrounding neighborhood. The Petitioners would state that the proposed use is not specifically shown with the recommendations of the City of South Bend Comprehensive Plan. The City Comprehensive plan shows that this portion of Elwood Avenue is appropriate for Commercial (Office & Retail) node with low & medium density residential development. The Petitioners believe the proposed combination Convenience store with gas pumps would provide added services to the existing residential uses. The Petitioners would ask the Board Members to agree that approval of the above described Variances and Special Exception requests will not have a detrimental affect for this area, nor would the property values, public's health, safety, morals, or general welfare be adversely affected. The Petitioners contend that the strict application of the terms of the Zoning ordinance will constitute an unusual and unnecessary hardship as applied to the property for which the Variances and Special Exception are sought: that the need for the Variances and Special Exception arises from such condition peculiar to the property in the same Zone: and that the use or value of the area adjacent to the property described in the Petition for the Variances and Special Exception will not be injurious to the public health, Safety, morals, or general welfare of the community. I attest, under the penalties for perjury, that the foregoing representations are true. Michael J. Danch President Danch, Harner & Associates, Inc. :i Wilbert Stokes 21888 Trillium Dr South Bend, IN. 46614 Tax Key # 018 2145 5431 South Bend Christ Temple Apostolic Church Inc 2307 Elwood Av South Bend, IN. 46628 Tax KPV # 01R 2145 .5434 South Bend Christ Temple Apostolic Church Inc 2307 Elwood Av South Bend, IN. 46628 Tax Kav # 01R 21.45.5439 Beverly Redding 1414 N Fremont St South Bend, IN. 46628 Tax Key # 018 2108 4031 Westville Auto Inc PO Box 86 Westville, IN. 46391 Tax Key # 018 2108 4038 Value Energy LLC 2726 Hartzer South Bend, iN. 46628 Tax Key # 018 2108 4029 Richard Wolf 1311 Orchard Ln Shipshewana, IN. 46565 Tax Key # 018 2108 4034 Heather Farmer 1402 N.Elmer St South Bend, IN. 46628 Tax Key # 018 2146 5467 Sonya Wilson 2254 Ribourde Dr South Bend, IN. 46628 Tax Key # 018 2086 3204 Property Owners Within 300 Feet Natalie McKinnies South Bend Christ Temple 1419 Elmer St Apostolic Church Inc South Bend, IN. 46628 2307 Elwood Av Tax Key # 018 2145 5432 South Bend, IN. 46628 Tax Kpv # n1R 2145 5437 Tax KPV # n1 R 2145,944? Wilbert Stokes South Bend Christ Temple 2188 Trillium Dr Apostolic Church Inc South Bend, IN, 46614 2307 Elwood Av Tax Key # 018 2145 5435 South Bend, IN. 46628 Tax KPV # 01 R 2145 54.46 Wilbert Stokes Reynaldo Ruiz Jr. 21888 Trillium Dr 3016 N Nagle Ave South Bend, IN. 46614 Chicago, IL. 60634 Tax Key #, 018 2145 5433 Tax Key # 018 2108 4028 Richard Wolf Jasvir Taunk & Satish Saini 1311 Orchard Ln - - - -- - - -- - - - - 802 PortgageAa_ Shipshewana, IN. 46565 South Bend, IN. 46616 Tax Key # 018 2108 4032 Tax Key # 018 2108 4037 Ronald Jackson Edward & Agnes Szczesniak PO Box 1244 1602 Lindsey Ave Mishawaka, IN. 46546 Nashville, TN. 37207 Tax Key F 018 2108 4035 Tax Key # 018 2108 4036 Jason Juday Marisela Sandoval 5776 -51 Grape Rd. #288 17769 Darden Rd Mishawaka, IN. 46545 South Bend, IN. 46635 Tax Key # 018 2108 4030 Tax Key # 018 2108 4033 South Bend Christ Temple South Bend Christ Temple Apostolic Church Inc Apostolic Church Inc 2307 Elwood Av 2307 Elwood Av South Bend, IN. 46628 South Bend, IN. 46628 Tax Kpv # n1R 2145 5437 Tax Kpv # n1R 2145 S43R Judith & Colon Maximino Alton Sanders 2217 Elwood 1330 N Olive South Bend, IN, 46628 South Bend, IN. 46628 Tax Key # 018 2146 5468 Tax Key ft 018 2086 3203 Daniel Matins Jr Gerlene Maholmes 52751 Hollow Trail 1333 N Olive St South Bend, IN. 46628 South Bend, IN. 46628 Tax Key # 018 2050 1756 Tax Key # 018 20501757 Glen & Willie Wills Jr. 1318 N Olive St South Bend, IN. 46615 Tax Key # 018 2086 3209 Jerome Ivacic 3019 S Michigan South Bend, IN, 46614 Tax Key # 018 2086 3198 South Bend Christ Temple Apostolic Church Inc 1415 N Elmer South Send, IN. 46628 Tax Kev # 018 2n.S0 1745 Jason PFleddere 1805 S Oliver South Bend, IN. 46613 Tax Key It 018 2086 3195 RE Plus3 LLC Joann M Hoover 1740 W Superior 1336 Cambridge Dr Chicago, IL. 60622 South Bend, IN. 46614 Tax Key # 018 2086 3210 Tax Key # 018 2086 3197 Doke Real Estate LLC Mamie & Michael Phillips 50746 Mercury Dr 1338 Fremont St Granger, IN. 46530 South Bend, IN. 46628 Tax Key .4 018 2086 3194 Tax Key It 018 2050 1744 South Bend Christ Temple Kenneth & Annette Taylor Apostolic Church Inc 1320 Fremont 1415 N Elmer South Bend, IN. 46628 South Bend, IN. 46628 Tax Key # 018 2050 1754 Tax Kav # 018 2nR6 31 R4 William & Sue Stevens MFC South Bend Holdings If LLC 29928 CR 4 309 Logan St Elkhart, IN. 46514 South Bend, IN. 46615 Tax Key # 018 2086 3205 Tax Key # 018 2086 3206 Robert & Martha Wittling Laura Patriarca South Bend Christ Temple 4 N Edison Ave -- --- -- `- ---- 5386TMea o Cane -�T — Apostolic Church Inc Suth Bend, IN. 46619 South Bend, IN. 46628 1415 N Elmer Tax Key # 018 2087 3243 Tax Key # 018 2050 1742 South Bend, IN. 46628 Tax Kav # n1R 20Sn 1743 Brian Smith PO Box 1777 Land O Lakes FL. 34639 Tax Key # 018 2086 3207 William Stuckey 828 Woodberry PL Decatur, GA. 30034 Tax Key # 018 2050 1761 Jerry & Martha Sue Sisk 1329 N Olive South Bend, IN, 46628 Tax Key # 018 2050 1759 Jo Ann Hoover 530 Tanglewood Lane Mishawaka, IN. 46545 Tax Key IF 018 2086 3201 Diana Mcewen 1337 N Elmer South Bend, IN. 46628 Tax Key # 018 2086 3200 RE Plus 3 LLC Judith Ketchum 1740 W Superior 1302 N Fremont Chicago, IL. 60622 South Bend, IN 46628 Tax Key # 018 2086 3208 Tax Key # 018 2050 1762 Thomas Phillips Select Property Management LLC 2020 N Meade St 3484 Fox Chase South Bend, IN. 46628 Bristol, IN. 46507 Tax Key # 018 2050 1752 Tax Key # 018 2050 1758 Dwight & jesse Sanders Robert Adriel 1030 W Jefferson St 61564 Park St South Bend, IN. 46601 Cassopolis, MI. 49031 Tax Key # 018 2086 3191 Tax Key # 018 2086 3192 Tonnie Okhiria Midwest Life Properties LLC 1129 Cleveland Ave 17859 Hedgewood Dr South Bend, IN, 46628 Lockport, IL. 60441 Tax Key # 018 2086 3202 Tax Key # 018 2087 3239 1337 Olive Land Trust Gustavo Gonzalez PO Box 2544 1348 N Elmer South bend, IN. 46680 South Bend, IN. 46628 Tax Key # 018 20501755 Tax Key # 018 2086 3193 Elizabeth Investments LLC 802 Portage South Bend, IN. 46616 Tax Key # 018 2050 1750 Julaine James 1330 N Fremont South Bend, IN. 46628 Tax Key # 018 2050 1748 South Bend Christ Temple Apostolic Church Inc 1415 N Elmer South Bend, IN. 46628 Tax Kav # o1.R 2096 31.97 Wadad El Amori 51343 Lilac Rd South Bend, IN. 46628 Tax Key # 018 2086 318004 Richard Nicely South Bend, IN. 46628 Tax Key # 018 2146 5465 Maria Arellano & Antonia Pacheco Lopez South Bend Christ Temple 1349 Olive Apostolic Church Inc South Bend, IN. 46628 1415 N Elmer "fax Key # 018 2050 1751 South Bend, IN. 46628 Tax Kav # n1 R 2nR6 3190 Maria Arellano & Antonio Pacheco Lopez Richard Ziegler 1349 Olive 16950 Crumstown South Bend, IN, 46628 North Liberty, IN, 46554 Tax Key # 018 2050 1749 Tax Key # 018 2050 1746 Ranulfo Franco Wadad El Amori 1353 Olive 51343 Lilac Rd South Bend, IN. 46628 South Bend, IN. 46628 Tax Key # 018 2050 1747 Tax Key # 018 2086 318003 Melvin & Doretha Holmes South Bend Christ Temple 2306 Elwood Ave Apostolic Church Inc South Bend, IN. 46628 1415 N Eimer Tax Key ft 018 2086 3181 South Bend, iN. 46628 Tax Kav # n19 2096 3192 Maximino & Judith Colon South Bend, IN, 46628 Tax Key # 018 2146 5469 AREA BOARD OF ZONING APPEALS 125 S. Lafayette Blvd. Suite 100 South Bend, Indiana 46601 (574) 235 -9554 FAX: (574) 235 -5541 May 8, 2014 The Honorable Common Council Of the City of South Bend 4th Floor, County -City Building South Bend, Indiana 46601 RE: Petition for Special Exception for Sam & Wadad Ammori ABZA 5/7/14 Dear Council Members: The above referenced petition of Sam & WadadAtmnori was legally advertised on April 17, 2014. The Area Board of Zoning Appeals gave it a public hearing on May 7, 2014, at which time the following action was taken: Upon a motion by Mr. Phipps, being seconded by Mr. Hawley and carried unanimously, the petition for Special Exception to allow Automobile Uses in a "LB" District, on property located at 2324 Elwood Avenue is sent to the Common Council with a Unfavorable Recommendation. The deliberations of the Area Board of Zoning Appeals and points considered in arriving at the above decision as shown in the Minutes of the Public Hearing, and will be forwarded to you at a later date, to be made part of this report. Sincerely, Mark A. Lyons Assistant Zoning Administrator CCB /cah Filed in Clerk's Office NAY 9 2014 JOHN VOORDE CITY CLERX, SOLITH BEND, IN 'SPECIAL EXCEPTION PURSUANT21- 09.3(D) AREA BOARD OF.ZONING APPEALS SAM :8.',WADAD .AMMORI FINDINGS OF FACT 1. THE PROPOSED USE WILL NOT BE INJURIOUS TO THE PUBLIC HEALTH, SAFETY, COMFORT, COMMUNITY MORAL STANDARDS, CONVENIENCE OR GENERAL WELFARE BECAUSE: Development and use as presented will not comply with all building, fire, safety, traffic, and parking regulations as to not being injurious to the public health,-safety, morals, and general welfare of the community. . 2. THE PROPOSED USE WILL NOT INJURE OR ADVERSELY AFFECT THE USE OF THE ADJACENT AREA OR PROPERTY VALUES THEREIN BECAUSE: - The variance or use will not improve the appearance of the neighborhood and could devalue the surrounding properties. w 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: Conditions on this property just do not create a different situation for this property. 4. THE PROPOSED USE IS COMPATIBLE WITH THE RECOMMENDATIONS OF THE CITY OF SOUTH BENDS COMPREHENSIVE PLAN BECAUSE: - It is the feeling of the Board that the variance will not blend into the overall Comprehensive Plan and may be deviating from its intent. - CONDITIONS OR REVISIONS: DECISION IT IS THEREFORE the decision of the Board that this request for Special Exception shall be passed onto the City of South Bend Common Council with a: -UNFAVORABLE RECOMMENDATION. ADOPTED this 7TH Day of May, 2014. YES NO 0 - MICHAEL URBANSKI RANDALL MATTHYS O JACK YOUNG GERALD PHIPPS .� ROBERT HA WLEY JOE VELLEMAN BRENDAN CRUMLISH Filed In Clerk's O ma FMAY 2014 JOHN I CITY CUL3K ROUTS Witiri, r6 AREA PLAN COMMISSION JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR JOSEPH COUNTY. IN 227 W. JEFFERSON BLVD. ROOM 1 140 COUNTY -CITY BLDG. SOUTH BEND, INDIANA 46601 (574) 235 - 9571 Wednesday, May 21, 2014 The Honorable Council of the City of South Bend 4th Floor, County -City Building South Bend, IN 46601 �a 2� -t RE: A proposed ordinance of Kyle D. Bach to zone from SF2 Single Family and Two Family District to MF 1 Urban Corridor Multifamily District property located at 1022 20th Street and the north half of the vacated alley to south, City of South Bend - APC# 2703 -14. Dear Council Members: 1 hereby Certify that the above referenced ordinance of Kyle D. Bach was legally advertised on Thursday, May 08, 2014 and that the Area Plan Commission at its public hearing on Tuesday, May 20, 2014 took the following action: Upon a motion by John DeLee, being seconded by Daniel Brewer and unanimously carried, a proposed ordinance of Kyle D. Bach to zone from SF2 Single Family and Two Family District to MF I Urban Corridor Multifamily District property located at 1022 20th Street and the north half of the vacated alley to south, City of South Bend, is sent to the Common Council with a favorable recommendation. The rezoning request is an appropriate extension for the use of the newly renovated apartments, providing much - needed parking that was not available before. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the Common Council's first reading. The amended Ordinance was legally advertised and heard by the Area Plan Commission. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, �yyv (N- luu John W. B - ((CVVJJJ Attachment CC: Kyle D. Bach Doug Merritt SERVING: ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA AND ROSELAND w sgomphcoumylnd'aniwm /Aruph Staff Report APC # Owner: Location: 2703 -14 Kyle D. Bach 1022 20th Street Jurisdiction: City of South Bend Public Hearing Date: 5/20/2014 Requested Action: 5/5/2014 The petitioner is requesting a zone change from SF2 Single Family and Two Family District to MFI Urban Corridor Multifamily District to allow uses permitted in the MFI Urban Corridor Multifamily District and four variances from the development standards. Land Uses and Zoning: On site: On site is a house and a detached garage scheduled for demolition. North: To the north are single family homes zoned S172 Single Family and Two Family District. East: To the east is a parking lot for The Annex apartment buildings zoned SF2 Single Family and Two Family District. South: To the south are The Annex apartment buildings zoned MFI Urban Corridor Multifamily District. West: To the west, across 20th Street, is the IUSB campus zoned U University District. District Uses and Development Standards: The MFI District is established to protect, promote and maintain the development of urban style multifamily dwellings and to provide for limited public and institutional uses that are compatible with a multifamily residential neighborhood. The development standards are designed to promote the establishment of. multifamily dwelling projects (including apartment, townhouse or row house style developments); and, high density two family dwelling developments located along a block face, in developed areas of the community which are served by a full range of public amenities. Site Plan Description: The area of the lot and half of the vacated alley is approximately 6,783 square feet. The existing house and garage will be removed and 8 or 9 parking spaces will be added. Pavement will cover 42% of the site and 58% will remain open space. The first perpendicular space is located in the sight triangle, so it will need be removed. Zoning and Land Use History And Trends: The parking lot to the east received a special exception for transitional parking in 1986. In September 2013, a parking variance was approved reducing the number of required parking spaces to none. On April 28, the Common Council approved the vacation of the alley to the south. Traffic and Transportation Considerations: 20th Street is a two lane street. APC # 2703 -14 Page 1 of 3 Staff Report 5/5/2014 Utilities: The site is served by municipal water and sewer. Agency Comments: The City Engineer comments the aisle needs to be 24' not 18' and the first angled parking space from 20th Street needs to be removed. The Department of Community Investment is in support of the rezoning if the screening to the west and north is required and the westernmost angled parking space is removed. Commitments: The petitioner is not proposing any written commitments. Criteria to be considered in reviewing rezoning requests, per IC 36 -7 -4 -603: 1. Comprehensive Plan: Policy Plan: City Plan, South Bend Comprehensive Plan (November 2006) H 1.2 Encourage rental housing for all income levels throughout the city. UD 1.5 Require aesthetically pleasing parking facilities. Land Use Plan: The future land use map identifies this area as medium density residential. Plan Implementation /Other Plans: The River Park Neighborhood Preservation and Improvement Plan focuses on Mishawaka Avenue and does not make a specific recommendation for this area. 2. Current Conditions and Character: The three apartment buildings have become an integral part of the neighborhood. 3. Most Desirable Use: The most desirable use for this property is medium density residential. 4. Conservation of Property Values: Proper buffering and maintaining setbacks may reduce the affect on adjacent residential property values. 5. Responsible Development And Growth: It is responsible development and growth to allow the expansion of parking area to accommodate residents of the renovated apartments. Staff Comments: This is a combined public hearing procedure, which includes a rezoning and four variances from the development standards. The Commission will forward the rezoning to the Council with or without a recommendation and either approve or deny the variances. The rezoning is from SF2 Single Family and Two Family District to MF 1 Urban Corridor Multifamily District. The petitioner is also requesting the following four variances: 1) from the required 5' front yard setback to 0; 2) from the required Type A: Open landscaping on all four sides to a fence on the north, APC # 2703 -14 Page 2 of 3 Staff Resort 5/5/2014 the maximum height determined by the ordinance; 3) from the required off - street parking area screening in the front yard (west) to none; and 4) from the required 24' maneuvering aisle to 18', State statues and the South Bend Zoning Ordinance require that certain standards must be met before a variance can be approved. These standards are attached and made part of the staff report. Recommendation: Based on information available prior to the public hearing the staff recommends the rezoning petition be sent to the Common Council with a favorable recommendation. The staff recommends approval of variance #2 and denial of variances #1, 3 and 4. Analysis: The rezoning request is an appropriate extension for the use of the newly renovated apartments, providing much - needed parking that was not available before. The denial of the variances re- enforces the need to buffer and provide a safe environment for the existing residences, for the travelling public and for the residents of the apartment buildings. APC # 2703 -14 Page 3 of 3 Variances A variance from any of the development standards of the Zoning Ordinance may only be approved upon the Board of Zoning Appeals making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: (1) The approval will not be injurious to the public health, safety, morals and general welfare of the community; (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; and, (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property. Special Exception / Special Use A special use may only be granted upon making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, 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 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; (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. SH SH Mishawaka de Aj ra N 14 pleasamt I . . M13 0 0 LB Mu C O Rezoning from: "SF2"SINGLE FAMILY & TWO FAMILY DISTRICT to "MFI'v URBAN CORRIDOR MULTIFAMILY DISTRICT Zoning Classification 30-T, 5-,%D %G' AF. YASDTIO FAW YJSTR --T 4W � Tr. %G--E FAV.,LY A SDTNO FAWLY 7 STR CT SO; Tr HND'05'0'-LE z.7_iD:STRALT S .T, S=Y' VL'V XED 48E !)18TF, OT SOaT Bch 'L= '-OCAL 5::S %=SS D STR,CT 40 ZO'dT, 5-%7 -!STR -,T /// W T- 5=YD '-'. %]V=RS T DSTR= 66 LB N W*1 E 3 1 inch = 250 feet APC # 2703-14 l eli7,l l Ti— T _ I- ® r -----mZZj , / a rin, S� r, ya C: 1 inch = 150 feet Z�TAG�E 1"OWNSHIP COMMIS Filed In Clerk's Office f MAY 21 2014 JOtiPY VOa't337� ? cirr ce eRx, $OuTH JOHN W.BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR LINTY, IN l3] W. 1E FFEASON BLVD., ROOM 1140 COUNTY. CITY BUILDING. SOUTH BEND. INDIANA 4660 IS 74) El S.9 S I I May 21, 2014 Common Council of the City of South Bend 4th Floor, County -City Building South Bend, Indiana 46601 RE: Bill # 27 -14 An ordinance amending the zoning ordinance for the property located at 1022 20th Street, Councilmanic District No. 3 in the City of South Bend, Indiana. Dear Council Members: The following changes have been made to the Ordinance for the above- referenced petition: Ordinance: 1) The legal description was changed to include the north half of the recently vacated alley. A revised copy has been attached. If you have any further questions, please call me at 574- 235 -9571. Sincerely, (� Christa Hill Planner SERVING ST .JOSEPH COUNTY. SOUTH BEND. tAMEVILLE. NEW CARLISLE NORTH LIBERTY, OSCEOLA. R ROSELAND WW W. STJOSEPNCOVNTYINDIANA. CON ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1022 20" STREET, COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND. INDIANA STATEMENT OF PURPOSE AND INTENT Expansion of the parking area for the adjacent Multi - Family parcel to the south, the current zoning of SF -2 will be changed to reflect MF -1 consistent with the south and adjacent parcel. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is 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 numbered 24 as shown on the plat of Hammond and Whitcomb's 2nd addition, Recorded as plat record 10, page 167 in the Office of the Recorder of St. Joseph County, Indiana, now within and a part of the City of South Bend, St. Joseph, County, Indiana, together with the North half of the Vacated alley lying on the South Side of said Lot 24 be and the same is hereby established as MF1 Urban Corridor Multifamily District. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the _day of 2 , at o'clock M. Approved and signed by me on the at o'clock . M. wq 1 st READING ✓[ q~L / PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED PASSED q-4 4 -19 City Clerk day of Mayor, City of South Bend, Indiana Filed In Cler.,;_ Office 14 JOHN JOHN CITY CLERK, SOUi'H SEND, IN PETITION FOR A COMBINED PUBLIC HEARING City of South Bend, Indiana I (we) the undersigned make application to the City of South Bend Common Council to amend the zoning ordinance as herein requested. 1) The property sought to be rezoned is located at: 1022 20'" Street 2) The property Tax Key Number(s) is /are: 018- 6022 -0599 3) Name and address of property owner(s) of the petition site: Bach Im,cstments 911 Alain Street Indianapolis. IN 46220 317.584.8442 kbach @tneccacontpauies. coin Name and address of additional property owners, if applicable: N/A 4) Name and address of contingent purchaser(s), if applicable: Itb'A Name and address of additional property owners, if applicable: N/A 5) It is desired and requested that this property be rezoned: From: SF2 Single Family Two Family District Additional zoning district, if applicable To: MFI Urban Corridor Multifamily District 6) This rezoning is requested to allow the following use(s): Expansion gfparking area to serve adjacent W-1 parcel to the South. 7) If applicable, a detailed description and the purpose of the variance(s) being requested: Expansion of parking area and green space to serve the tenants of The Annex at IUSB. Relief is sought for the. following: 1. front yard setback from 25' to pavement 2 side yard setbackft•ont 25'to 18.9' 3. rear yard setback frons 25'to 22.61 4. perimeter landscaping on all 4 sides to 6'fence on W; N and E 5. parking screening in the front yard (W) to none (or provide this) 6. maneuvering aisle 24'to 18' (or change angle oj'parking space to 60 degrees) 8) A statement on how each of the following standards for the granting of variances is met: (a) The approval will not be injurious to the public health, safety, morals and general welfare of the community: Relicj'ifgranted for the parking layout and landscaping will benefit the neighborhood by providing additional off - streel parking.for the tenants of The Annex at IUSB. Specifically. the landscape variance will ensure sgftey for the tenants as thye enter and exit their vehicles. The ordinance as strictly enforced would permit larger plantings where obstructions would be present and reduce clear line-of -sight for the residents. (b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and: The properly directly adjacent and to the East rear of the subject parcel is currently used as parking and landscaping is legal non - conforming. Relief ifgranted will provide a visual balance .for the parcel anti adjacent uses. The existing property is .served by a pre- existing fence line along the North - F- W property line. (c) The strict application of the terms of this Ordinance would result in practical difficulties in the use of the property: The strict application of the terms of this ordinance as it applies to the subject lot will detract, f •om the quality of life of the tenants and adjacent property owners. The IUSB area will benefit ji-om this petition as additional off - street parking will be provided to the tenants of The Annex at IUSB thus, an overall reduction oJbehicles utilizing parking on the public street. The petition includes a reduction and request for relief from the landscape ordinance. The property is unique and will require a landscaping schedule that takes into account the toprographical grade change from the adjacent street. The landscaping schedule as proposed will serve to protect the tenants of the The Annex at ISUB via clear Zine -of- sight. The pre - existing fence line along the EX property line to the North will he maintained in a workmanlike manner and continue to serve as a buffer to the adjacent North property. 9) If not clearly shown on the Preliminary Site Plan, a site plan showing the requested variances shall also be submitted. 10) If applicable, a detailed description and purpose of the Special Exception(s) being requested: Insert text 11) A statement on how each of the following standards for the granting of a Special Exception is met: (a) The proposed use will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare: Insert text (b) The proposed use will not injure or adversely affect the use of the adjacent area or property values therein: Insert text (c) The proposed use will be consistent with the character of the district in which it is located and the land uses authorized therein; and: Insert text (d) The proposed use is compatible with the recommendations of the City of South Bend Comprehensive Plan. Insert text 12) In the case of a Special Exception, the petitioner shall be held to the representations made on the Preliminary Site Plan. 13) Applications for subdivisions should be obtained from the office of the Area Plan Commission. 14) Attached, and made a part of this PETITION, is: (a) a list of names and addresses of all property owners, and the tax key numbers for all properties within 300 feet of the petition property; (b) addressed, stamped envelopes for all property owners within 300 feet of the petition property. CONTACT PERSON: Doug Merritt 115.5. Muin Street, Suite 203 Mishawaka. M 46544 574 - 257 -295.1 dm(@prgfess ion alperm its. cot; n Signature(s) of all property owner(s), or signature of Attorney for all property owner(s): Filed in Clerk's Of iu JOHM Y0.2oADE CITY CLERK, SOUTH SEND, IN Filed In Cierkss Office MAY 21 2014 AREA PLAN CO JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR OSEPH COUNTY. IN 227 W. JEFFERSON BLVD. ROOM 1 140 COUNTY -CITY BLDG. SOUTH BEND, INDIANA 46601 (574) 235 - 9571 Wednesday, May 21, 2014 >LAI s -� I - O� The Honorable Council of the City of South Bend 4th Floor, County -City Building South Bend, IN 46601 RE: A combined public hearing on a proposed ordinance of Henry Walters Holdings LLC to zone from CB Community Business District to GB General Business District, seeking a Special Exception Use to allow a mini - warehousing facility with outdoor storage, property located at 605 North Hickory Road, City of South Bend - APC4 2704 -14. Dear Council Members: 1 hereby Certify that the above referenced ordinance of Henry Walters Holdings LLC was legally advertised on Thursday, May 08, 2014 and that the Area Plan Commission at its public hearing on Tuesday, May 20, 2014 took the following action: Upon a motion by John DeLee, being seconded by John McNamara and unanimously carried, a proposed ordinance of Henry Walters Holdings LLC to zone from CB Community Business District to GB General Business District, property located at 605 North Hickory Road, City of South Bend, is sent to the Common Council with a favorable recommendation subject to the written commitment that: "no buildings, outside storage areas, or pavement, other than existing driveway shall be allowed to be placed within 90 feet of the north property line of the above described property." The building has had a number of tenants but has sat vacant and undemtilized for many years. The proposed use is compatible with the existing building, and the commitment to remain 90' from the north property line addresses the historical buffer. Upon a motion by Daniel Brewer, being seconded by John DeLee and unanimously carried, the Special Exception Use to allow a mini - warehousing facility with outdoor storage is sent to the Common Council with a favorable recommendation, subject to screening the outdoor storage and the rezoning being approved. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the Common Council's first reading. The amended Ordinance was legally advertised and head by the Area Plan Commission. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Sincerely, f�L� 1 ui n W. Byomi VV Attachment CC: Henry Walters Holdings LLC, TEJ Properties Attn: Tom Johnson, Danch, Hamer & Associates SERVING: ST. JOSEPH COUNTY, SOUTH BEND. LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA AND ROSELAND wwwsgowphwunryind'anmoMAreaphn Staff Report 5/5/2014 APC # 2704 -14 Owner: Henry Walters Holdings LLC Location: 605 North Hickory Road Jurisdiction: City of South Bend Public Hearing Date: 5/20/2014 Requested Action: The petitioner is requesting a zone change from CB Community Business District to GB General Business District; a Special Exception Use for a mini - warehousing facility with outdoor storage; and three variances. Land Uses and Zoning: On site: On site is a vacant commercial building formally occupied by Steve and Barry's, Martin's and associated parking area. North: To the north are single family homes zoned SF Single Family District. East: To the east, across Hickory, is the Town and Country shopping center in Mishawaka. South: To the south is a multi- tenant commercial building and the Elks Lodge zoned CB Community Business District. West: Immediately adjacent to the west is vacant land proposed for a self -lock storage project. Below this area are proposed CB Community Business uses and single or multi - family uses, zoned PUD Planned Unit Development District (APC #2597-11). District Uses and Development Standards: The GB General Business District is established to provide a location for those retail sales and service functions whose operations are typically characterized by: outdoor display or sales of merchandise; major repair of motor vehicles; commercial amusement and recreational activities; or, activities or operations conducted in structures which are not completely enclosed. The types of uses found in the GB District are often brightly lighted and noisy. Permitted uses contained in this district are such that this district may be used to form a grouping of similar uses along certain portions of major commercial thoroughfares. Special attention should be paid to buffering whenever this district is located adjacent to any residential district or residential uses. Site Plan Description: The total site is 10 acres. There is an existing 120,970 square foot building which will be used for indoor storage. Two storage buildings are proposed to the north of the parking area. Fifty-eight parking spaces will remain. The parking area will also hold an outdoor storage area. This outdoor storage area cannot be more than 20% of the gross floor area of all buildings on the lot. Type C: Full Screening landscaping is required along the north residential bufferyard, however, the petitioner is asking for a variance to Type B: Partial Screening landscaping. A variance is also being requested for Type A: Open landscaping, however, six trees are shown along the east. APC # 2704 -14 Page 1 of 3 Staff Report Zoning and Land Use History And Trends: 5/5/2014 Prior to the adoption of the latest zoning ordinance in 2004, the site was primarily zoned C Commercial, with the northern 120' zoned B Multifamily. In 2011, the property to the west and an outlot fronting on Hickory to the east was rezoned to PUD for a self -lock storage project, CB Community Business uses, and single or multi - family residential uses. A secondary site plan has not been submitted. Traffic and Transportation Considerations: Hickory Road has four lanes. There is a signal at the southern driveway with a dedicated left turn lane. In 2007, there was a "declaration of reciprocal easements" recorded as the result of the McKinley Hickory Minor Subdivision. These easements are for access, parking and utilities. Utilities: The site is served by municipal water and sewer. Agency Comments: The Department of Community Investment does not object to the rezoning, but recommends that more landscaping be provided. Commitments: The petitioner has proposed the following commitment: "No buildings, outside storage areas, or pavement, other than existing driveway shall be allowed to be placed within 90 feet of the north property line of the above described property." Criteria to be considered in reviewing rezoning requests, per IC 36 -7 -4 -603: 1. Comprehensive Plan: Policy Plan: City Plan, South Bend Comprehensive Plan (November 2006) ED 1.2 Encourage reuse of abandoned and underutilized land and structures. LU 2.4 Provide buffer spaces between non - compatible land uses. Land Use Plan: The Future Land Use Map identifies this area as medium density residential. Plan Implementation /Other Plans: There are no other plans in effect for this area. 2. Current Conditions and Character: The intersection of McKinley and Hickory is a commercial node. A residential neighborhood is located to the north and to the west. 3. Most Desirable Use: The most desirable uses for this property are ones that compliment the high density and commercial uses adjacent to this site. 4. Conservation of Property Values: The surrounding residential property values may be affected by the rezoning. AFC # 2704 -14 Page 2 of 3 Staff Regort 5. Responsible Development And Growth: 5/5/2014 It is responsible development and growth to accommodate appropriate and compatible responsible infill development on an underutilized property. Staff Comments: This is a combined public hearing procedure, which includes a rezoning, a Special Exception Use, and three variances from the development standards. The Commission will forward the rezoning and the Special Exception Use to the Council with or without a recommendation and either approve or deny the variances. The rezoning is from CB Community Business District to GB General Business District. The Special Exception Use is for a for a mini - warehousing facility with outdoor storage. The petitioner is also requesting the following three variances: 1) from the required Type A: Open landscaping to no additional trees along the East, North and West property lines and to existing trees along the South property line as shown; 2) from the required foundation landscaping along the North and East facades of the building to no landscaping; and 3) from the required Type C: Full Screening landscaping along the North property line to Type B: Partial Screening landscaping. State statues and the South Bend Zoning Ordinance require that certain standards must be met before a variance or Special Exception Use can be approved. These standards are attached and made part of the staff report. Recommendation: Based on information available prior to the public hearing the staff recommends the rezoning petition be sent to the Common Council with a favorable recommendation, subject to the written commitment that: "no buildings, outside storage areas, or pavement, other than existing driveway shall be allowed to be placed within 90 feet of the north property line of the above described property". Based on the information available prior to public hearing, the staff recommends the Special Exception Use be sent to the Common Council with a favorable recommendation. The staff recommends approval of variance #I on the west and south, but not east, and approval of variances #2 and 3 as proposed. Analysis: The building has had a number of tenants but has sat vacant and underutilized for many years. The proposed use is compatible with the existing building, and the commitment to remain 90' from the north property line addresses the historical buffer. APC # 2704 -14 Page 3 of 3 Variances A variance from any of the development standards of the Zoning Ordinance may only be approved upon the Board of Zoning Appeals making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: (1) The approval will not be injurious to the public health, safety, morals and general welfare ofthe community; (2) The use and value of the area adjacent to the property included in the variance will not be afTected in a substantially adverse manner; and, (3) The strict application of the terms of this Chapter would result in practical difficulties in the use ofthe property. Special Exception / Special Use A special use may only be granted upon making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: (1) The proposed use will not be injurious to the public heahh, safety, comfort, community moral standards, convenience or general welfare; (2) The proposed use wig 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 it which it is located and the land uses authorized therein; (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. Rezoning from: "CB" COMMUNITY BUSINESS DISTRICT to "GB'T GENERAL BUSINESS DISTRICT Zoning Classification »!ri BEN] -s -1' B V3S 7•E1 _YAND MO:R.t Y D 34 ,DT -wri >ral.-Dr ® Sl-- T'.'r_N 7'D'J DSTR OT _iD!s�EEVe-__ -Dat BrBNESBasTa DT Bxjr� BEN3 :» aara rJMW F s-.NCSS D ST: >,r ,-TA BEND -5B' BEN E3.t e!a:V ce3 D..ST .,T BEND 'P! =_Aw_r!N Twie_D?Lt EVr 0 1 inch = 400 feet APC # 2704 -14 :?, R� `� tt jy1r �,] ( tl : $�LTJ,�.Ullll�►.J 11 � L p gg r 41 �i �J • ' ZL Y7 , Aki r - � n <• 1 III r t r w �m.b Y; �� K Jam"➢` Ali. r Q p J. �'� � u� 5�1,_n � F � � y - .� • T • �, fi�'I / ' w •'t ``^ } �, � ;g!� py 5.�� j��� -1� -� ire 1 � '��s + , Pya� r r j { •tic % K i L11I I I `. 1 j (��� � "amt.' 1 F�* �.`y5r1'�•7 �y," ��.m. .;k �' ,F +�. „t �l � � � k*'; Wig* f I '-^-! � .Ltii ,. S! ; 1 '� r�..� ! F 1 Fdr_t�..•. tl "�k'_ t �:s "- _ ` I ��°..' ;', .w. --, _�11�`E_Y�r � 4 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 605 NORTH HICKORY ROAD, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT NO.4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT PETITIONERS DESIRE TO REZONE THE PROPERTY FROM CB COMMUNITY BUSINESS DISTRICT TO GB GENERAL BUSINESS DISTRICT AND ALSO REQUEST APPROVAL OF A SPECIAL EXCEPTION TO OPERATE A MINI— WAREHOUSING FACILITYLITY WITH OUTSIDE STORAGE WITHIN THE GB GENERAL BUSINESS DISTRICT CLASSIFICATION. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, as amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is 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: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS. LOT # 4 OF THE PLAT OF "MC KINLEY- HICKORY MINOR SUBDIVISION" AS RECORDED BY DOCUMENT NO. 0734550 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE, EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PORTION OF SAID LOT # 4; BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT # 4; THENCE N. 89 °2822" W. ALONG THE SOUTH LINE OF SAID LOT A DISTANCE OF 155.61 FEET-THENCE N. 00-02'06"E. A DISTANCE OF 130.00 FEET, - THENCE S.89 °28'22" E. A DISTANCE OF 145.61 FEET TO THE WEST LINE OF HICKORY ROAD; THENCE ALONG SAID WEST LINE FOR THE NEXT THREE (3) COURSES, S 00 002'06" W. A DISTANCE OF 1651 FEET AND S. 89 05754 "E. A DISTANCE OF 10.00 FEET AND S. 00 002'06" W. A DISTANCE OF 113.58 FEET TO THE POINT OF BEGINNING. CONTAINING 10.00 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. be and the same is hereby established as GB General Business District. SECTION II. That a Special Exception for the Mini - Warehousing facility with outside storage in a GB General Business zoning district is hereby granted subject to screening of the outdoor storage and the site development plan hereby attached and made a part of this Ordinance and which site plan contains and lists all conditions, if any, of approval. SECTION III. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the day of , 20_, at o'clock M. City Clerk Approved and signed by me on the day of 20 , at o'clock m. Mayor/Deputy Mayor of the City of South Bend, Indiana —� 1 s1 READING PUBLIC HEARING 3 rd READING NOT APPROVED REFERRED IPA5SED Filed In C "ek'8 Office r� " 2 "01A +fr,�' +;ij� CITY CLERK. + J a`ENO, IN COMMISSI Filed In P ; Y 21 2011 JOHN V008fE I CITY CLERK, sou'rm SEND, IN JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR TY, IN ]3) W, JEFFERSON BLVD.. ROOM 1160 COUNTY.CITY BUILDING. SOUTH BEND, INDIANA 66601 JS16J 21S�9S71 May 21, 2014 Common Council of the City of South Bend 41h Floor, County -City Building South Bend, Indiana 46601 RE: Bill # 28 -14 An ordinance amending the zoning ordinance and requesting a special exception for the property located at 605 Hickory Road, South Bend, Indiana, Councilmanic District No. 4 in the City of South Bend, Indiana. Dear Council Members: The following changes have been made to the Ordinance for the above - referenced petition: Ordinance: 1) The legal description was changed to correct the section from 6 to 5. 2) The special exception was recommended favorably by the Area Plan Commission subject to screening. That condition has been added to Section ll. A revised copy has been attached. If you have any further questions, please call me at 574- 235 -9571. Sincerely, f I ^ n Christa Hill Planner SERVING ST. JOSEPH COUNTY. SOUTH BEND, LAKEVILLE. NEW CARLISLE. NORTH LIBERTY. OSCEOLA, R ROSELAND W W W. STIOSEPMCOUNTYINDIANA. CON Filed In lerk'�s Office MAY 2 12014 AREA PLAN C JOHN W. BYORNI EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR JOSEPH COUNTY, IN 227 W. JEFFERSON BLVD. ROOM 1 140 COUNTY -CITY BLDG. SOUTH BEND, INDIANA 46601 (574) 235 - 9571 Wednesday, May 21, 2014 The Honorable Council of the City of South Bend 4th Floor, County -City Building South Bend, IN 46601 RE: A proposed ordinance of Cosimo and Maria Bumbaca to zone from LB Local Business District to GB General Business District, property located at 1707 South Bend Avenue, City of South Bend - APC# 2705 -14. Dear Council Members: I hereby Certify that the above referenced ordinance of Cosimo and Maria Bumbaca was legally advertised on Thursday, May 08, 2014 and that the Area Plan Commission at its public hearing on Tuesday, May 20, 2014 took the following action: Upon a motion by John DeLee, being seconded by Robert Hawley and unanimously carried, a proposed ordinance of Cosimo and Maria Bumbaca to zone from LB Local Business District to GB General Business District, , property located at 1707 South Bend Avenue, City of South Bend, is sent to the Common Council with a favorable recommendation. The site is a small irregular parcel with limited development potential. Rezoning the property and approving the variances will allow the site to become usable by combining it with the adjacent property to the north. PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the Common Council's first reading. The amended Ordinance was legally advertised and heard by the Area Plan Commission. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Si}ncerely,f$ ` ,6 to.. V 1tct n W. Byorni U Attachment CC: Cosimo and Maria Bumbaca David Witt SERVING: ST. JOSEPH COUNTY, SOUTH BEND, LAKEVILLE, NEW CARLISLE, NORTH LIBERTY, OSCEOLA AND ROSELAND ww.aymephcounrydndpnuoMAreaphn Staff Report 5/9/2014 APC # 2705 -14 Owner: Cosimo and Maria Bumbaca Location: 1707 South Bend Avenue Jurisdiction: City of South Bend Public Hearing Date: 5/20/2014 Requested Action: The petitioner is requesting a zone change from LB Local Business District to GB General Business District and four variances to allow uses permitted in the GB General Business District. Land Uses and Zoning: On site: On site are the remains of a commercial structure damaged by fire zoned LB Local Business District. North: To the north is a used auto sales lot and beauty salon zoned GB General Business District. East: To the east are the Oak Hill Condominiums zoned MF2 High - Density Multifamily District and a gas station zoned CB Community Business District. South: To the south is a restaurant zoned LB Local Business District. West: To the west is Clover Village Apartments zoned MF2 High - Density Multifamily District and a restaurant zoned LB Local Business District. District Uses and Development Standards: The GB General Business District is established to provide a location for those retail sales and service functions whose operations are typically characterized by: outdoor display or sales of merchandise; major repair of motor vehicles; commercial amusement and recreational activities; or, activities or operations conducted in structures which are not completely enclosed. The types of uses found in the GB District are often brightly lighted and noisy. Permitted uses contained in this district are such that this district may be used to form a grouping of similar uses along certain portions of major commercial thoroughfares. Special attention should be paid to buffering whenever this district is located adjacent to any residential district or residential uses. Site Plan Description: The site is 0.25 acres. The proposed site plan includes a paved lot with a proposed 6' privacy fence along the northern portion of the west property line. One deciduous shade or ornamental tree is proposed at the southern corner of the lot. The remainder of the lot will be used for outdoor display for auto sales. Zoning and Land Use History And Trends: The properties along State Road 23 have been zoned for commercial purposes Traffic and Transportation Considerations: State Road 23 (South Bend Avenue) has four lanes with a turn lane that begins just south of the subject property. APC # 2705 -14 Page 1 of 3 Staff Report 5/9/2014 Utilities: The site is served by municipal water and sewer. Agency Comments: The City Engineer would be opposed to changes along the State Road 23 frontage, but has no objections to the requested variance along the side property lines. The Department of Community Investment does not have objections to the proposed rezoning provided the new owner maintains an orderly layout for vehicle parking and landscaping is provided where possible to beautify the property. Commitments: The petitioner is not proposing any written commitments. Criteria to be considered in reviewing rezoning requests, per IC 36 -7 -4 -603: 1. Comprehensive Plan: Policy Plan: The rezoning is consistent with the Comprehensive Plan. City Plan, South Bend Comprehensive Plan (November 2006) Policy ED 1.2 Encourage reuse of abandoned and underutilized land and structures. Land Use Plan: The future land use map identifies this area as commercial. Plan Implementation /Other Plans: There are no other plans for this area. 2. Current Conditions and Character: The site is currently vacant. 3. Most Desirable Use: The most desirable use for the site is commercial. 4. Conservation of Property Values: The surrounding property values should not be affected. The proposed rezoning is for the expansion of a current business on an existing commercial lot. 5. Responsible Development And Growth: It is responsible development and growth to encourage the redevelopment of vacant commercial properties. Staff Comments: This is a combined public hearing procedure, which includes a rezoning and four variances from the development standards. The Commission will forward the rezoning to the Common Council with or without a recommendation and either approve or deny the variances. The variances are as follows: 1) from the required 30' minimum front yard to 0' for parking; 2) from the required 30'minimum side residential bufferyard to 0'; 3) from the required Type C: Full Screening landscaping to a 6' privacy fence for the north 55' ofthe west property line; and APC # 2705 -14 Page 2 of 3 Variances A variance from, any of the development standards of the Zoning Ordinance may only be approved upon the Board of Zoning Appeals making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, that: (1) The approval will not be injurious to the public health, safety, morals and general welfare of the community; (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; and, (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property. Special Exception / Special Use A special use may only be granted upon making a written determination and adopting appropriate Findings of Fact, based upon the evidence presented at a public hearing, 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 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; (4) The proposed use is compatible with the recommendations of the Comprehensive Plan. 7 R I— — — — - — — Edison LB SFl LB 9 0 0 Ell oalt Park Charles LB SF1 C a C M Rezoning from: "LB" LOCAL BUSINESS DISTRICT to "GB" GENERAL BUSINESS DISTRICT Zoning Classification COLA Tyr'KISN- ­AA9LYB1.7.=,CT "TY \V to TY 7BT:k CT SOT BEAD 'S -1 'S X AV , Y AS3 TAO W.' -Y - STR --T SO T-. SEV] W C n-D \ S W V --T FA 1.1 -Y a ST3 --T SO, T- BE % ] b, Q - � D STR --T SO LT n 59-SD WL' VC .SE TR, SO 4T� BED 'LFOCAL 5.S %ISS 7,ioTi OT N W E 1 inch = 200 feet APC # 2705-141 • � - .. � �`_ -- ,rte -� irk 1 - x+a, � =4'� *i"13narr+s' � i' `•��t �/ ^�'�� /haalJ�T 9: .i' /�l \_�._s• — � ®� / - is _ .. —.. 9 1 tom, �� ,:.M_ lip F- 11h f -s TN A i � n i � _ � �. , �� !tile ® � ✓` b I [ yy v� Tw UAL ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1707 SOUTH BEND AVENUE, COUNCILMANIC DISTRICT NO. 4 IN THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT To change from current LB zoning district to proposed GB zoning district for the purpose of Automobile sales. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of South Bend, Indiana as follows: SECTION 1. Ordinance No. 9495 -04, is amended, which ordinance is commonly known as the Zoning Ordinance of the City of South Bend, Indiana, be and the same hereby is 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: A part of a certain two acre tract situated in the southeast quarter of section 31, township 38 north, range 3 east, which two acres, triangular in form, is taken off of and from the entire width of the east side of the following described 8.50 acre tract, to -wit: beginning at a point on the south line of said section, 6.55 chains east of the southwest corner of said southeast quarter; thence running east to the center of the Edwardsburg Road, running through said quarter section; thence northeasterly along the center of said road to the north line of the south half of the south half of said quarter section; thence west to a point directly north of the place of beginning; thence south to the place of beginning. The portion of said two acre tract herein considered, is bounded by a line running as follows, viz: beginning at the point of intersection of the northwesterly line of said Edwardsburg Road with the west line of the two acre tract above described; thence running north 34 degrees 26 minutes east, along the northwesterly line of said Edwardsburg Road, a distance of 177 feet; thence north 55 degree 34 minutes west, at right angles with said Edwardsburg Road, a distance of 121.4 feet to at point due north of the place of beginning; thence south 214.6 feet to the place beginning. be and the same is hereby established as GB General business District. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Member of the Common Council Attest: City Clerk Presented by me to the Mayor of the City of South Bend, Indiana on the _day of 2 , at o'clock . m. Approved and signed by me on the at o'clock . M. PJu,UC hU RING 3rd READING NOT APPRQViD nn ( p PASSED City Clerk day of Mayor, City of South Bend, Indiana 2 , Filed in G : 'office P1Y'62014 i o H N V, ;0 —q0 1- CITY CLERK, ;3':sif3 H BEND, IN CITY i office rii JOHN W. BYORNI �' 2014+ EXECUTIVE DIRECTOR LARRY MAGLIOZZI DEPUTY DIRECTOR AREA PLAN COMMISSION OF ST. JOSEPH COUNTY, IN 227 W JEFFERSON BLVD.. ROOM 11,0 COUNTY -CITY BUILOING. SOUTH BEND, INDIANA 46601 (ST,) 355 957) May 21, 2014 South Bend Common Council 4th Floor, County -City Building South Bend, Indiana 46601 RE: Bill # 30 -14 A bill amending the zoning ordinance for property located at 1707 South Bend Avenue from LB Local Business District to GB General Business District. Petitioner: Cosimo & Maria Bumbaca Dear Council Members: The following changes have been made to the Ordinance for the above - referenced petition: Ordinance: 1) Correct minor typo - graphical errors in the legal description A revised copy has been attached. If you have any further questions, please call me at 574 - 235 -9571. Sincerely, C . ' S.14 Angela M. Smith Planner SERVING ST JOSEPH COUNTY, SOUTH BEND. LAKEVILLE, NEW CARLISLE, NORTH LIBERTY. OSCEOLA. 6 EDEILAN0 Www.S Tf OSEFXCOVNTYINOIANA.CON