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HomeMy Public PortalAbout036-2020 - Amending Chapter 154 of the UDOCOMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA AMENDED ORDINANCE NO. 36 2020 A GENERAL ORDINANCE AMENDING CHAPTER 154: UNIFIED DEVELOPMENT ORDINANCE WHEREAS, Chapter 153: Subdivision Control Ordinance and Chapter 154: Zoning code, containing original and amended provisions regarding subdivisions and zoning dating back to July 2, 1984 and June 3, 1958 were replaced with Chapter 154: Unified Development Ordinance as set forth in Ordinance No. 10-2010; and WHEREAS, The City of Richmond is authorized by the State of Indiana to amend the Unified Development Ordinance, as set forth in Indiana Code 36-7-4-607 et seq.; and WHEREAS, Common Council, pursuant to Indiana Code 36-7-4-607, conducted a public hearing on said petition on July 6, 2020, after publishing legal notice thereof at least 10 days in advance of said hearing as required by statute; and WHEREAS, The Richmond Advisory Plan Commission, has considered a proposal to amend the Unified Development Ordinance, pursuant to Indiana Code 36-7-4-607, conducted a public hearing on said petition on June 25, 2020, after publishing legal notice thereof at least 10 days in advance of said hearings as required by ordinance; and WHEREAS, It is in the best interest of the City to amend the Unified Development Ordinance in order to promote public health, safety and welfare and in order to provide. for the desirable future development of the community; and WHEREAS, It is in the best interest of the City to establish reasonable standards of design and procedure for subdividing land for residential, institutional, commercial, and industrial purposes in order to promote public health, safety and welfare and in order to provide for the desirable future development of the community; and WHEREAS, It is in the best interest of the City to classify, regulate, and restrict the location, bulk and height of buildings and structures and the premises to be used for trade, industry, residence or other specific uses, in order to promote public health, safety and welfare and in order to provide for desirable future development of the community, all of which is in accordance with the City of Richmond Comprehensive Plan; and WHEREAS, It is in the best interest of the City to provide a method of administration and to prescribe penalties for the violation of provisions outlined in order to ensure that the goals of the public health, safety and welfare and the goals of desirable future development of the community are reached; and WHEREAS; Specifically, the City wishes to amend the UDO to prohibit the locating of Ordinance No. 36-2020 institutional uses within the downtown area on Main Street from the east side of 5"' Street to the west side of 101" Street between the south side of North A Street and north side South A Street, which includes the map attached as Exhibit A, which are exempt from. paying Indiana property taxes and associated accessory structures, but for governmental institutional uses in the CB District; and WHEREAS, It is in the best interest of the City to adopt the proposal of the Plan Commission, which proposal was certified by the Advisory Plan Commission on 2020 and was on file with the Department of Metropolitan Development for at least 10 days after Certification pursuant to Indiana Code 36- 7-4-607. NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana, that Section 2.33 of said Chapter 154 Unified Development Ordinance shall be amended as follows: l District Intent Permitted Uses ( Special Exception Uses The CB (Central Business 1 Accessory Permitted Uses ( .Industrial Special Exception .District is intended to be.used • Small wind turbine system Uses as follows: • Telecommunication facility Residential Special Exception Use Type and Intensity Commercial Permitted Uses • `Moderate Intensity • Bank machine/atm Uses commercial and Bar/tavern Dwelling unit (first. office,us6s, . Barber/beauty shop . floor) 1 • Billiard/arcade room - • Broadcast studio • Club or lodge • Coffee shop • -Dance/night club C • Day-care • . Delicatessen • Farmer's market • Fitness center/health club • Funeral home or mortuary • Health spa/day spa • Hotel/motel • Ice. cream shop • Micro brewery ; • Micro distillery- } • Movie theater f • Office, design services • Office, financial • Office, general services • Office, medical services • Photography studio ,. • Restaurant Retail (type 1),'very low intensity' • Retail (type 2), low intensity • Retail (type 3), medium intensity • Studio arts • Tailor/pressing shop • Winery Application of CB District I ' • Existing and new I development • Small to medium area Institutional Permitted Uses Development Standards j • Require quality time, • Bus station I place, and manner Chufoh, temple, or- mosque development i standards to Cievem ent Offiee minimize impacts on i perattens (non adjacentproperties ef€se) while encouraging HespiW economic vitality • ail • Minimize light, i �facility �etention noise, water, and air i r ;v n pollution �`D'�"T •gym { Parking lot, public + Peliee- or- fim station, • Post office i • Rescue station • School(P-12) • Trade or business school Appropriate:'AdjacentZoning, { Residential Permitted Uses Districts Dwelling unit (upper floors) • PR, UR, UV, IS, NC; -- yand CB_-- - i -- — Plan Commission • Use the CB District { for existing developments and , carefully for new. commercial - '— -- development Board of Zoning Appeals • Allow a special exception use only -, when it is compatible with the surrounding areas I • Be sensitive to aesthetics and the potential for light pollution, noise pollution, pedestrian . safety, and vehicular Be it further ordained by the Common Council of the City of Richmond, Indiana, that if a use is legally established on a parcel or portion of a parcel at the time this Ordinance is enacted, but is no longer permitted according to this Ordinance, it shall be considered legally non -conforming. NOW, THEREFORE, be it further ordained by the Common Council of the City of Richmond, Indiana, that this Ordinance shall be in full force and effect from and after its passage and adoption by the Common Council of the City of Richmond, Indiana. Passed and adopted this .' day of 020, by the Common Council of the City of Richmond, Indiana. F- c2p, , President (Dr. Ron Oler) ATTEST: (Karen Chasteen, IAMC, MMC) S NTED to the Mayor of the City of Richmond, Indiana, this day of c ��J 2020, at 9:00 a.m. (Karen Chasteen, IAMC, MMC) APPROVED by me, David M. Snow, Mayor of the City of Richmond, Indiana, this d a day of Q -rDS C)V , 2020, at, n. r , avid M. ATT ST: (Karen Chasteen, IAMC, MMC) I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law: Andrew J. Sickmann 0 yI ..-! �„�' •� ❑j t M tea o „ x U u � °e i in a Coe") 0 F" N-0.... —. MR �001-