City approves temporary exemption for 4508 Calumet Ave. gas station amid ADA bathroom constraints

The Hammond board voted to approve a temporary exemption allowing the gas station at 4508 Calumet Avenue to remain open during the midnight–4AM slot despite persistent accessibility constraints in the facility’s restroom. Staff told the board the main entrance and a parking space meet ADA standards but the bathroom cannot be made compliant without extensive reconstruction.

“The issue is not whether or not we’re preempting state law,” a staff member told the board, explaining that the city may condition the privilege of overnight operation on compliance with locally imposed requirements. Planning and building staff reported that the site is grandfathered and that, although the restroom is currently not ADA‑compliant, the facility otherwise meets several conditions. The board approved the exemption on a voice vote and said the waiver applies to this narrow circumstance only.

The applicant said he plans to purchase adjacent property and construct a new, code‑compliant facility. “We plan on buying the property behind us…building a whole new facility,” the applicant told the board, adding that the new site would be fully up to code, including ADA access, once plans and drawings are submitted for review. Board members said they want a status update if formal plans are filed and emphasized that any major renovation or new building would trigger ADA requirements.