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HomeMy WebLinkAbout08-10-2026 Community Investment & Zoning and Annexation Joint Committee Minutes OFFICE OF THE CITY CLERK BIANCA L. TIRADO, CITY CLERK INTEGRITY | SERVICE | ACCESSIBILITY Jasmine Jackson Matthew Neal Veronica Pitt-Payne CHIEF DEPUTY CITY CLERK / CHIEF OF STAFF DEPUTY CITY CLERK / DIRECTOR OF POLICY DIRECTOR OF SPECIAL PROJECTS EXCELLENCE | ACCOUNTABILITY | INNOVATION | INCLUSION | EMPOWERMENT 300 City Hall | 215 S. Dr. Martin Luther King Jr. Blvd. | South Bend, Indiana 46601 | p. 574.235.9221 | f. 574.235.9173 | www.southbendin.gov COMMUNITY INVESTMENT & ZONING AND ANNEXATION COMMITTEES (JOINT MEETING) AUGUST 10, 2026, 5:00 P.M. Community Investment Committee Members Present: Sherry Bolden-Simpson, Kevin Upton, Ophelia Gooden-Rodgers, Karen L. White Community Investment Committee Members Absent: Sheila Niezgodski, Tom Gryp Zoning and Annexation Committee Members Present: Dr. Heidi Beidinger, Karen L. White, Kay Farlow*, Stacey Odom, Dr. Oliver Davis Zoning and Annexation Committee Members Absent: Rachel Tomas Morgan Other Council Present: Canneth Lee, Sharon McBride Others Present: Bianca L. Tirado, Matthew Neal, Jasmine Jackson, Lari’onna Green, Veronica Pitt- Payne, Bob Palmer Presenters: Jenna Throw Agenda: Discussion - Short-Term Rentals Members marked with an asterisk (*) are in virtual attendance via Microsoft Teams. Please note the attached link for the meeting recording: https://docs.southbendin.gov/WebLink/browse.aspx?dbid=0&mediaid=412049 Committee Chair Dr. Oliver Davis, Zoning and Annexation Committee, called to order the Joint Committee meeting at 5:04 P.M. Discussion - Short-Term Rentals (STRs) Committee Chair Dr. Davis asked Council Attorney Bob Palmer to give opening remarks. EXCELLENCE | ACCOUNTABILITY | INNOVATION | INCLUSION | EMPOWERMENT 300 City Hall | 215 S. Dr. Martin Luther King Jr. Blvd. | South Bend, Indiana 46601 | p. 574.235.9221 | f. 574.235.9173 | www.southbendin.gov Attorney Palmer stated that recent media coverage falsely claimed that there will be public comment during today’s meeting. He explained that the bills have not yet had a first (1st) reading, and this meeting is for a presentation of the proposed bills and Committee discussion only. Committee Chair Dr. Davis acknowledged that several members of the public came to speak on the matter. He encouraged them to email their questions and comments to him at odavis@southbendin.gov. Committee Chair Karen L. White, Community Investment Committee, apologized for the misunderstanding and said the City administration requested another opportunity to present due to some updates to the proposed legislation. Jenna Throw, City Attorney, with offices on the sixth (6th) floor of City Hall, South Bend, IN 46601, presented on the proposed ordinances. She explained that her last presentation focused on the limitations of state law, and today’s presentation will detail what the City is proposing. She explained the first (1st) proposed ordinance, which establishes an STR permitting process. This would allow the City to capture owner information and emergency contact information for each STR property. She said the permit requirement allows for the standardized application of enforcement tools throughout the City, including the Municipal Code, fire code, and property maintenance code. The second (2nd) proposed ordinance establishes an STR special exception in the zoning ordinance. She said this would be woven into the existing zoning process for special exceptions and would only apply to non-owner-occupied STRs. She explained that the definitions in the permitting ordinance are established by references to Indiana law. She said the legislative intent of these ordinances is consistent with those authorized by state law and include health and safety, preserving residential character of neighborhoods, and the regulation of noise and nuisance. She added that the concept of “legal non-conforming” means that use must be established for non-owner-occupied homes to avoid the special exception process. Committee Member Dr. Heidi Beidinger, Zoning and Annexation Committee, asked Attorney Throw if she could provide Committee Members with the explicit language in the fire code. Attorney Throw said she will forward the information. She said there is a minimum square footage requirement based on occupancy, and bedrooms would require fifty (50) square feet per person. Committee Member Dr. Beidinger asked if it states occupancy limits in terms of people per bedroom. Attorney Throw replied that it only relates to space. Committee Member Dr. Beidinger noted that calculating occupancy according to space could be a challenge. Attorney Throw said the team that would look into this is very familiar with the property maintenance code. Committee Chair Dr. Davis pointed out that code enforcement staff do not work on weekends. He asked how this would affect enforcement logistics, whether responsibility would fall on the South Bend Police Department (SBPD), and if additional code enforcement personnel are needed. He EXCELLENCE | ACCOUNTABILITY | INNOVATION | INCLUSION | EMPOWERMENT 300 City Hall | 215 S. Dr. Martin Luther King Jr. Blvd. | South Bend, Indiana 46601 | p. 574.235.9221 | f. 574.235.9173 | www.southbendin.gov said he is concerned about the current staffing levels if more work were to be added. He noted the influx of visitors to the City on football weekends and stated that he believes more personnel are needed for monitoring and enforcement during critical times. Attorney Throw confirmed that Liz Maradik, Chief Neighborhoods Officer, is considering this and weighing their options. She acknowledged that most STR happens on weekends. She noted that properties operating without permits could be cited during the week if they are caught advertising on a platform. She added that having emergency contact information will help if SBPD is encountering issues. Committee Chair Dr. Davis noted that enforcement is primarily complaint-driven, and most noise complaints happen after 5:00 P.M. when there are no code enforcement staff on duty. Attorney Throw noted that SBPD can enforce the noise ordinance, and three (3) citations can result in permit revocation. Councilmember Sharon McBride asked for confirmation that all STRs would need permits. Attorney Throw confirmed that is correct. Councilmember McBride noted that there are many non-STR renters who have large family gatherings and frequent guests. She asked how this type of activity would be distinguished from STRs. Attorney Throw said the regulations would not apply to this type of property. Councilmember McBride clarified her question, asking how the City would distinguish whether a property is an STR if another resident called to complain about a large gathering. She asked how people can be discouraged from operating STRs. Attorney Throw stated that by definition, STRs are rented for terms of less than thirty (30) days, and there must be a rental transaction involved. She said informal guests with no rental contract are not short-term renters. She emphasized that the state sets very specific guidelines around what STR regulations municipalities can adopt. She explained that all applicants who provide their contact information and pay the permit fee must be issued permits, and STR use must be established one (1) of three (3) ways: by owner occupancy, special exception, or legal non- conforming status. Councilmember McBride asked if the City looked to any other city’s legislation as a model. Attorney Throw explained that other cities in Indiana with STR ordinances adopted them prior to the new state statute, and if the City modeled those ordinances, it would be a violation of state law. Council President Canneth Lee stated that he spoke to the County Assessor about the logistics of verifying owner occupancy, who provided some helpful information. He said homestead exemptions can be used to determine whether a property is owner-occupied. Attorney Throw replied that they have been considering this following a suggestion from a EXCELLENCE | ACCOUNTABILITY | INNOVATION | INCLUSION | EMPOWERMENT 300 City Hall | 215 S. Dr. Martin Luther King Jr. Blvd. | South Bend, Indiana 46601 | p. 574.235.9221 | f. 574.235.9173 | www.southbendin.gov community member. Committee Chair Dr. Davis noted that Committee Member Dr. Beidinger sent an email asking why the first (1st) reading was scheduled so soon, and if there could be more time allowed for discussion. He asked Committee Member Dr. Beidinger if she received a response. Committee Member Dr. Beidinger said she asked to slow down the process due to the high level of community interest and engagement. She said she wants to ensure there is enough time for community members to hear all the details. Attorney Throw summarized key details of the permit ordinance, noting that they are exactly what is set forth in state statute. There will be a one-hundred-fifty-dollar ($150) permit fee, owners will be required to provide emergency contact information, and permits will be issued within thirty (30) days. Permits would expire after one (1) year, and there would be no fee for permit renewals. Permits could be revoked after three (3) citations, with a one (1) year revocation period and the opportunity for a hearing. Revoked permits could be reinstated if all outstanding fines and a new one-hundred-fifty dollar ($150) permit fee are paid. If the property is sold, the new owner must obtain a new permit, and operating without a permit may result in a fine up to five-hundred dollars ($500). Committee Vice Chair Ophelia Gooden-Rodgers, Community Investment Committee, asked if there will be a registry to look up permitted STRs. Attorney Throw confirmed that there will be a registry but said it may only be available to City staff. She said they may want to limit that information from the general public, since it could indicate that a property is vacant and vulnerable. Committee Member Dr. Beidinger pointed out that most community members already know where STRs are based on the activity at the property. She said homeowners associations (HOAs) have been asking for a contact list, and there should be a happy medium between their needs and the needs of STR operators. Citizen Member Kevin Upton, Community Investment Committee, noted that HOAs already have some degree of code enforcement authority. He asked if HOAs could be incorporated in the enforcement process. Attorney Throw said they will continue to look into that. She acknowledged that there can be a balance between the information being totally public and totally private. Citizen Member Upton noted that STRs often charge over three-thousand dollars ($3,000) per night during football season. He said the five-hundred dollar ($500) penalty for operating without a permit may not be a strong enough incentive to register. Committee Chair White emphasized that there need to be a clear-cut enforcement strategy, and the City needs to be in a position to enforce it. Attorney Throw noted that enforcement will need to comply with Indiana law. She said the City cannot create a rule that specifically targets STRs, and regulations need to be generally applicable EXCELLENCE | ACCOUNTABILITY | INNOVATION | INCLUSION | EMPOWERMENT 300 City Hall | 215 S. Dr. Martin Luther King Jr. Blvd. | South Bend, Indiana 46601 | p. 574.235.9221 | f. 574.235.9173 | www.southbendin.gov to all housing types. Committee Chair White noted that the City already has a noise ordinance, which can be enforced. Attorney Throw confirmed that if an STR violates a noise ordinance, it will be cited the same way as any other property. She said STR use would be woven into the existing special exception process. Owner-occupied homes would be excluded from this requirement, and approval would be contingent upon a valid permit. Committee Member Dr. Beidinger suggested incorporating a monitoring framework with Councilmembers receiving regular reports with permit, complaint, and citation information. She said this would help the Council understand the scope and depth of the STR problems. She noted that the Council could use this data to evaluate the ordinances’ efficacy and amend them in the future, if needed. Committee Chair Dr. Davis asked Attorney Palmer to review the ordinances and provide his legal opinion to the Council. Committee Member Sherry Bolden-Simpson, Community Investment Committee, noted that some municipalities engage in regular reporting for each district. She said overall, it would be helpful for the City to report out on more things. Committee Chair Dr. Davis said this could be used to help ensure the City is not targeting STRs. With no further business, Committee Chair Dr. Davis adjourned the Joint Committee meeting at 5:39 P.M. Respectfully Submitted, Dr. Oliver Davis, Committee Chair – Zoning and Annexation Committee Karen L. White, Committee Chair – Community Investment Committee