HomeMy Public PortalAbout1472-1953 - Establishing the Zoning Plan for the City.ZONING ORDINANCE
GENERAL ORDINANCE NO. 1472-1953
AN ORDINANCE ESTABLISHING A ZONING PLAN FOR THE
CITY OF RICHMOND, INDIANA, CONTIGUOUS UNINCORPO-
RATED TERRITORY EXTENDING TWO MILES BEYOND THE
CORPORATE LIMITS OF RICHMOND AND CERTAIN AREAS
ADJACENT TO THE MUNICIPAL AIRPORT, TO CONSERVE
THE VALUE OF PROPERTY AND TO THE END THAT ADE-
QUATE LIGHT, AIR, CONVENIENCE OF ACCESS, AND
SAFETY FROM FIRE, AND OTHER DANGERS MAY BE SECUR-
ED; THAT CONGESTION IN THE PUBLIC STREETS MAY
BE LESSENED OR AVOIDED; AND THAT THE PUBLIC
HEALTH, SAFETY, COMFORT, MORALS, CONVENIENCE
AND GENERAL PUBLIC WELFARE MAY BE PROMOTED IN A
MANNER WHICH RECOGNIZES THE NEEDS OF INDUSTRY,
BUSINESS AND TRANSPORTATION IN THE FUTURE GROWTH
OF THE CITY AND ITS ENVIRONS AND 4tiILL ENCOURAGE
THE DEVELOPMENT OF HEALTHY SURROUNDINGS FOR
FAMILY LIFE IN RESIDENTIAL NEIGHBORHOODS; ALL IN
ACCORDANCE WITH A MASTER PLAN DESIGNED TO ASSURE
EFFICIENCY AND ECONOMY IN THE PROCESS OF DEVELOPMENT
OF THE CITY AND ITS ENVIRONS,_AND FOR THE PURPOSE
OF:
(1) Classifying, regulating and limiting the height, area,
bulk and use of buildings hereafter to be erected or structur-
ally altered;
(2) Regulating and determining the area of front, rear
and side yards and other open spaces about buildings;
(3) Regulating and determining the use and intensity of
use of land and lot areas;
(4) Classifying, regulating and restricting the location
of trades, callings, industries, commercial enterprises and the
location of buildings designed for specified uses;
(5) Dividing the city and its environs into districts of
such kind, character, number, shape, and area as may be deemed
necessary to carry out the purposes of this ordinance;
to provide for administration and for penalties for the vio-
lation of its provisions;• authorizing the creation of a Board
of Zoning Appeals and providing for the review of the decisions
of such board by the court. This ordinance, and ordinances
supplemental or amendatory thereto, shall be known as the Zon-
ing Ordinance of Richmond.
Be it Ordained by the Common Council of the City of Richmond:
ARTICLE 1. IN GENERAL
SECTION 1. INTERPRETATION. In interpreting and applying the
provisions of this Ordinance, they shall be held to be the
minimum requirements for the promotion of the public health,
safety, comfort, morals, convenience and general welfare.
SECTION 2. NON-INTERFERENCE WITH GREATER RESTRICTIONS OTHER-
WISE IMPOSED. It is not intended by this Ordinance to Inter-
fere with, or abrogate or annul any easements, covenants, or
other agreements between parties, nor to interfere with, or
abrogate or annul any ordinances, other than expressly re-
pealed hereby, rules, -regulations, or permits previously
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adopted or issued, and not in conflict with any of the pro-
visions of this ordinance, or which shall be adopted. or
issued, pursuant to law, regarding the use of buildings or
land; provided, however, that where this ordinance imposes
a greater restriction upon the use of buildings or land, or
upon the height of buildings, or requires larger open spaces
or greater lot area per family, than are required by or
imposed by such e&sements, covenants or agreements between
parties, or by such ordinances, rules, regulations, or per-
mits, the provisions of this ordinance shall control.
SECTION 3. DEFINITIONS. For the purpose of this Ordinance,
certain terms and words are hereby defined as follows:
Words in the present tense include the future and vice
versa; words in the singular number include the plural number
and vice versa; the word "building" includes the word "struc-
ture" and vice versa; the word "s':all" is mandatory and not
directory.
ACCESSORY BUILDING: A subordinate building, or a portion
of a main building, the use of which is incidental to that of
the main building.
ACCESSORY USE: A use which is incidental to the main use
of the premises.
ALLEY: A public thoroughfare, which affords only secon-
dary means of vehicular access to abutting property, and not
over twenty (20) feet in width.
BASEMENT: A story, wholly or partly underground, which
unless subdivided into rooms and used for tenant rurposes,
shall not be included as a story for the purpose of height
measurements.
BLOCK: Property having frontage on one side of a street
and lying between the two nearest intersecting or intercepting
streets, or nearest intersecting or intercepting; street and
railroad right of way or waterway.
BUILDING: A structure having a roof supported by columns
or walls, for theeshelter, support, enclosure or protection
of persons, animals, chattels or property. When separated
by party walls, without openings through such walls, each
portion of such a building shall be considered a separate
structure.
BUSINESS: The engaging in the purchase, sale, barter or
exchange of goods, wares, merchandise or services, the main-
tenance or operation of offices, or recr6ational and amusement
enterprises for profit.
CAMP, PUBLIC: Any area or tract of land used or designed
to accommodate two (2) or more automobile h3use trailers, or
two (2) or more camping parties, including cabins, tents or
other camping outfits. See also MOTEL OF TOURIST LODGE.
COMMERCIAL: See BUSINESS.
DISTRICT: A section of the City of Richmond or of the
Jurisdictional or Airport Area, for which uniform regulations
governing the use, height, area, size and intensity of use of
buildings and. land, and onen spaces about buildings, are here-
in established.
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FAMILY: A group of one or more persons occupying a
building and living as a single housekeeping unit. No un-
related group living as a single housekeeping unit shall
consist of more than six (6) persons, as distinguished from
a group occupying, a lodging house or hotel.
GARAGE, PRIVATE: An accessory building with capacity for
not more than three (3) motor vehicles for storage only, not
more than one (1) of which may be a commercial vehicle of not
more than three (1) tons canacit'. Provided, however, that
a garage deeianed to house one (1) motor vehicle for each
family housed in an apartment shall he classed as a private
garage.
GARAGE, PUPLIC: Any building or premises, except those
defined herein as a Private Garage, used for the storage,
or care of motor vehicles, or where such vehicles are equipped
for oa_eration, renaired, or kept for remuneration, hire or
sale.
HOTEL: A building in which lodging is provided and offered
to the ?public for comnensation, and which is oven to transient
quests, in cortradistinction to a boarding or lodging house.
KENNEL: Any lot or premises on which four (4) or more
dogs, at least four (I:.) months of age, are kept.
LOT, WIDTH: The distance between the side lines of the
lot measured at the front yard line or building set back line,
as established for the lot by this ordinance.'
LOT: A parcel of land occupied or intended for occupancy
by a use permitted in this Ordinance, including one (1) main
building and its accessory buildings, and the oven spaces re-
quired by this Ordinance, and having its princioal frontage
on a street, or an officially designated and abproved place.
LOT, CORNER: A lot abutting upon two (2) or more streets
at their intersection.
LOT,'DEPTH OF: The mean horizontal distance between the
front line and the rear line of the lot.
LOT, GROUND LEVEL:
a. For buildings having walls adjoining one street
only, the elevation of the sidewalk at the center of the wall
adjoining the street.
b. For buildings having walls adjoining more than one
street, the average of the elevation of the sidewalk at the
center of all hulls adjoining the streets.
c. For buildings having no wall adjoining the street,
the average level of the ground adjacent to the exterior
walls of the building:.
Any wall snproximately parallel to and not more than
five (5) feet from a street line is to be considered as ad-
joining the Ftreet.
LOT, INTERIOP: A lot other than a Corner Lot or Through
Lot.
LOT.LINE, FRONT: In the case of an interior lot, a line
separating the lot from the street or place; and in the case
of a corner lot a line separating the narrowest street frontage
of the lot from the street, except in cases where deed re-
strictions in effect specify another line as the front lot
line.
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0. .,
LOT LINE, REAP.: A lot line which is opposite and most
distant from the front lot line and, in the case of 'an
irregular or triangular shaped lot, a line ten (10) feet in
length within the lot, parallel to andat the maximum dis-
tance from the front lot line.
LOT LINE, SIDE: Any lot boundary line not a front lot
line or a rear lot line.
LOT, THROUGH: A lot havinr- frontage on two streets at
onnosite ends of the lot.
MOTEL: A building or group of buildings, in which lodging
Is provided and offered to the public for compensation, and
catering; primarily to the public trsveling by motor vehicle.
NON -CONFORMING USE: A building or nremises which does not
conform in its use of otherwise with all of the regulations
of the dietrict in Mich such building or premises is located.
PARKING LOT: A parcel of land devotee; to unenclosed park-
ing space for five (5) or more motor vehicles for compensation
or otherwise.
PLACE: An open unoccupied space other than a street or
alley, permanently reserved for use as the principal means
of access to abutting; property.
STORY: That portion of a building, included between the
surface of any floor and the surface of the floor next above
It. If there is not floor above it, then the space between
such floor and the ceiling next above it shall be the story.
STORY, HALF: That portion of a building under a cloning
gable, hip, or c-ambrel roof, the -wa.11 elates on at leapt two
onnosi to exterior ivalls of which are not more than three ( 3 )
feet above the floor level of such half -story.
STREET: A public thoroughfare twenty (20) feet or more in
width between property lines, which affords principal means
of vehicular access to abutting property.
STRUCTURE: Anything constructed or erected, the use of
which requires more or less permanent location on the ground,
or which is attached to something permanently located on the
ground.
STRUCTURAL ALTr,RATION: Any change in the suno orting;
members of a building, such as bearing walls or partitions,
columns,'teams, or girders, or any substantial change in the
roof or in the exterior walls.
TWO-MILE TERRITORIAL JURISDICTIONAL AREA: The contiguous-
unincornorated territory extending two miles beyond the cor-
porate limits of thF City of Richmond, as shown on a map and
resolution delineating such area on file in the office of the
Recorder of Wayne County, Indiana..
ZONE. Same as DISTRICT.
ARTICLE 22. DISTRICTS AND ZONE MAPS
SECTION 1. DISTRICTS. The City of
Mile Territorial Jurisdictional Area
nine (9) districts in order to carry
this ordinance. The districts shall
throughout the ordinance as follows:
NAME OF DISTRICT
"S" Suburban District
"A" Residential District
"B" Residential District
"C" Residential District
"D" Residential District
"LB" Local Business District
"GB" General Business District
"LI" Limited Industrial District
"HI" Heavy Industrial District
Richmond and the Two -
are hereby divided into
out the purposes of
be known and designated
DESIGNATION HEREINAFTER
"S"
"A"
"B 1t
"C"
"D"
�t LB"
GB It
"LI"
"HI"
SECTION 2. ZONE MAPS. The Zone Mans and the Two-mile Juris-
dictional Area Zone Man accompany and are hereby declared to
be parts of this ordinance. The Zone Mans show the areas
covered by the above districts. Notations, references, in-
dications and other matters shown on the Zone Ma-os are as
much parts of this orr. nance as if they were fully described
in the text of the ordinance.
SECTION 3. DETERMINATION AND"INTERPRETATION OF DISTRICT
BOUNDARIES. In determining the boundaries of districts, and
establishing the regulations annlicable to each Cistrict,
due and careful consideration has been given to existing
conditions, the character of building erected in each dis-
trict, the most desirable use for which the land in each dis-
trict may be adapted, and the conservation of property values
throughout the city, and jurisdictional area.
Where uncertainty exists as to the exact boundaries of any
district as shown on the Zone Maps, the following rules shall
ap o ly :
a. Where district boundaries are indicated as following
street, alley, lot or established property lines, or approxi-
mately along such lines, such lines shall be construed to be
the district boundaries.
b. In uneubdivided areas, or where a district boundary
subdivides a lot, the exact location of the boundary shall
be determined by use of the scale of the ZONE SAWS.
c. In the case of further uncertainty, the Board of Zon-
ing Anpeals shall interpret the intent of the Zone Maps as
to the location of the boundary in question.
SECTION 4. PROCEDURE RrLATING TO ANNEXED OR VACATED AREAS.
Territory which may hereafter be annexed to the City shall
immediately be included in the "A"Residence District, until
the required amendment to this ordinance has been adopted.
Whenever any street, alley, public way, railroad right of
way, waterway, or other similar area is vacated by prover
authority, the districts adjoining each side of such street,
alley, public way, railroad right of Tray, waterway, or other
similar area, shall be extended automatically to the center
of such vacation and all area included in the vacation shall
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then and thenceforth be subject to all appropriate regulations
of the extended districts.
ARTICLE III. GENERAL PROVISIONS,
CHARTS AND SPECIFICATIONS
SECTION 1. USE. No building or land shall be used and no
building shall be erected, reconstructed or structurally
altered, which is arranged, intended or designed to be used
for any purpose other than a use which is Dermitted and speci-
fied in a district in which such building or land is located.
SECTION 2. HEIGHT. No building shall be erected, reconstructed
or structurally altered, to exceed in height the limits estab-
lished and specified for the use and the district in which
such building is located.
SECTION 3. YARDS, LOT AREA AND SIZE OF BUILDING. No build-
ing shall be erected, reconstructed or structurally altered
in any manner which will encroach upon, or reduce in any
manner, the yards, lot area per family, or size of building
regulations, or increase the percentage of occupancy of the
lot by buildings regulations, established and specified for
the use and the district in which such building is located.
SECTION 4. LOTS. Every building hereafter erected shall be
located on a lot which fronts on a street or place, provided
that the requirements of this section shall not apply to
farm residences or farm buildings.
SECTION 5. VEHICLE PARKING SPACE; LOADING AND UNLOADING
BERTHS. Every building hereafter erected shall provide off-
street parking space for motor vehicles and loading and un-
loading berths as specified hereinafter for the use to which
such building is to be devoted.
SECTION 6. CHARTS AND SPECIFICATIONS. The following Charts
and the specifications outlined thereon are hereby declared
to be parts of this ordinance
CHART 1 - SINGLE-FAMILY DWELLING
CHART 2 - TWO-FAMILY DWELLING
CHART 3 - GROUP HOUSE
CHART 4 - APARTMENT
CHART 5 - CONTINGENT USES
CHART 6 LOCAL BUSINESS USES
CHART 7 - GENERAL BUSINESS USES
CHART 8 - LIGHT INDUSTRIAL USHS
CHART 9 - LIMITED INDUSTRIAL USES
CHART 10- HEAVY INDUSTRIAL USES
Each chart shows the district or districts in which the
use, which is the subject of the Chart, is permitted, and
delineates the specifications for:
Lot Area Der Family
Width of Lot
Height of Building
Vehicle Parking Space
Front, Side, Rear and
Building Area
Vision Clearance
Other Yards
Accessory Buildings and. Uses
applicable to the Darticular use in each district where such
use is authorized.
ARTICLE IV. CONDITIONAL USES
SECTION 1. PERMITS FOR CONDITIONAL USES.
a. The following uses, or structural alterations thereto,
which are classified as Conditional' uses, may be permitted by
the Board of Zoning Appeals, in accordance with the procedure
specified herein:
Airport or Aircraft Landing Field
Amusement Park
Baseball Park
Bulk Storage of Inflammable Fluids but only
in "LI" or "HI" Districts
Cemetery or Crematory
Country Club or Golf Course
Fair Ground
Fences or Walls over 3 ffeet high between
the front wall of a residential structure
and the street line or over 4.2 feet high
between the front wall of a residential
.structure and the rear line of the lot.
Fraternity or Sorority House
Hospital
Motel or Tourist Lodge
Outdoor Theater
Penal or Correctional Institution
Philanthropic or Charitable Institution
Race Track, Radio and Television Towers and Stations
Sanitary Fill or Refuse Dump
Sewage or Garbage Disposal Plant
Trailer or Public Came
Automobile Wreckage and Junk Storage and only
In Limited. and Heavy Industrial Districts as
specified in Chart 9.
b. Unon receipt of an application for a Conditional Use
by the Board of Zoning ADpeals, it shall be referred to the
City Plan Commission for investigation as to the manner in
which the proposed location and charater of the Conditional
Use will affect the Master Plan of the City. The City Plan
Commission shall report the results of its study of the pro-
posal to the Board of Zoning Appeals, and, if the report is
favorable to the proposal, the Board of Zoning Appeals may,
after public notice and hearing; according to law, grant the
permit, including the imposition of conditions of use, which
the Board deems essential to insure that the Conditional Use
is consistent with the spirit, purpose and intent of this
ordinance, will not substantially and permanently injure the
appropriate use of neighboring property, and will substantially
serve the public convenience and welfare.
c. The following uses may be permitted in the "HI" Heavy
Industrial District only in accordance with the procedure
specified in paragraph b. of this Section and the inclusion
of a report by the City Health Officer or the State Board of
Health and the State Fire Marshall that the uses applied for
will not be injurious to the public health or safety:
Acid Manufacture
Arsenal
Cement, Lime, Gypsum or Plaster of Paris
Manufacture
Distillation of Bones, Coal or good
Explosives Manufacture or Storage
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Incineration or Reduction of Garbage,
Dead Animals, Offal op Refuse, except
for Municipal Purposes
Packing Plants
Slag, Stone, Cinder or Coal Crusing or
Pulverizing
Any other use which may, under some
circumstanes be injurious to public
health or safety, but which may, with
adequate safeguards, be designed so
as not to be injurious in such manner.
ARTICLE V. NON -CONFORMING USE SPECIFICATIONS
SECTION 1. CONTINUATION THILREOF AND RECONSTRUCTIONS. The
lawful use of a building or premises, existing at the time
of passage of this ordinance, may be continued although such
use does not conform to all the provisions of this ordinance,
except as hereinafter -provided.
SECTION 2. EXTENSION. A non -conforming use may be extended
throughout a building provided no structural alterations are
made therein, except those required by law.
SECTION 3. CHANUr,. A non -conforming use may be changed to
another non -conforming; use of the same or greater restrictions,
provided no structural changes are made in the building. When-
ever a non -conforming use has been changed to a conforming use
or to a use -permitted in a district of greater restrictions, it
shall not thereafter he changed to a non -conforming use or a
lees restricted use.
SECTION 4. NON -CONFORMING USE CREATED BY AYENDiIENT: These
-provisions annly in the same manner to a use which may be-
come a non -conforming use due to a later amendment to this
ordinance.
SECTION 5. ERECTIQN AND RE -ERECTION OF BUILDINGS. No build-
ing shall be erected upon any premises devoted to a non-
conforming use, and no building located upon any such premises,
which has been damaged by fire or other causes to the extent
of more than seventy-five (75) per cent of its-a,praised val-
uation, shall be repaired or rebuilt, except in conformity
with regulations of this ordinance.
SECTION 6�. TEMPORARY PERMITS. The Board of Zoning Appeals may
authorize, by written tiermit, in a residential or suburban
district for a period of not more than. one (1) year from the
date of such permit, a temporary building for commercial or
industrial use incidental to the residential construction and
development of eaid district.
SECTION 7. RIGHT TO CONSTRUCT IF PERMIT ISSUED. Nothing herein
contained shall require any change in the ;Mans, construction
or designated use of a building for which a building tiermit
has been heretofore issued and the construction of which has
been diligently prosecuted within ninety (90) days of the date
of such permit and which entire building; shall be com-pleted
according to such plans, as filed, within three (3) years
from the date of nassage of this ordinance.
SECTION 8. USE TO CONFORM AFTL'
that a non -conforming; use of an
continued. for a Period of one(1)
shall thereafter conform to the
in which it is'located.
R DI`.CONTINUANCF. 'In the event
y building or premises is die -
year, the use of the same
uses permitted in the district
SECTION 9. DISCONTINUANCE OF NON -CONFORMING USE OF LAND. The
lawful use of land for storage purposes, which does not conform
to the provisions of this ordinance, shall be discontinued
within five ( 5) years from the date of passage of this ordin-
ance, and the use of land for storage nurposes, which may be-
come a non -conforming use by reason of an amendment to this
ordinance, shall be discontinued, within five (5) years from
the date of passage of such amendment.
ARTICEE VI. VEHICLE PARKING SPACE
SECTION 1. SPECIFIC REQUIREMENT .
a. The Charts numbered from 1 to 10, inclusive, described
in Article III of this ordinance, specify the off -;street
parking requirements for each type of use permitted under
this ordinance.
SECTION 2. PERMITS FOR PARKING LOTS.
a. In order to meet requirements for vehicle parking space,
where such space is not available on the lot occupied by a
building, as specified in Charts 5 to 10, inclusive, the Board
of Zoning Appeals may, after receipt of a favorable report
from the City Plan Commission on the or aoosal, and after pub-
lic notice and 'nearing, grant a permit for the establishment
of a narking lot, in a residence or suburban district, pro-
vided that the entire area of the parking lot is within three
hundred ( 300 ) feet of an '! LB" , "GF3" , "LI" , or "HI" district,
or, in the case of other place of congregation,'except a church,
in a residence district immediately adjacent to such other place
of congregation, and provided further that:
(1) There shall be no sales, dead st,)rage, repair work,
dismantling or servicing of any kind on said parking lot.
(2) Entrances and exits shall be a-on-Joved as to
location by the City Plan Commission.'
(3) No narking shall permitted nearer than two feet
from the front or side lot line.
(4) Except for annroved entrances and exits, the City
Plan Commission may require the erection of a wall, not to
exceed five (5) feet in height, to conform to the required
front yard line and along boundary lines of the parking lot
for the protection of adjoining residentially zoned or used
property.
(5) The lot shall be surfaced with a dust -proof or
hard surface meeting; the standard specifications of the City.
(6) No advertising signs shall be erected upon such lot,
except not more than one (1) sign on each street side to in-
dicate the operator and purpose of the lot. Such sign shall
not exceed twenty (20) square feet in area and shall not ex-
tend more than ten (10) feet in overall height above the
ground.
(7) Lighting facilities, if provideO, shall_ be so arranged
as to be reflected away from residentially ,zoned or used
property.
(8) If at any time after the isFuance of the required
permits any of the provisions of this Section are not,com-
plied with the permits shall be revoked.
ARTICLE VII. UNIT DEVELOPMENT PLAN
SECTION 1. RESIDENTIAL DEVELOPMENT PLAN.
a. The owner or owners of an tract of land, comprising
an area of not less than ten (10}y acres, Tray submit to the
Board of Zoning Appeals a plan for the use and development
of the land., nrimarily.for residential purposes. The pro-
posed development plan shall be submitted to the City Plan
Commission for examination, study and report and for a pub-
lic hearing. If the City Plan Commission anproves the
development plan, the plah, together with the recommendations
of the City Plan Commission shall be embodied in a report
to the Board of Zoning Appeals, stating the reasons for the
approval of the Dlan and application, and ,specific evidence
and facts showing that the proposed Residential Development
Plan has considered and made provision for the following
essential elements:
That the appropriate use of property adjacent to the
area included in the elan will be fully safeguarded;
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That the plan is consistent with the intent of this
ordinance to promote public health, safety and the general
welfare;
That the buildings shall be used primarily for single-
family,or two-family dwellings, apartment or group houses,
and the usual accessory uses such as garages, storage space
and community e.ctivitiee.
That the area of the tract, excluding street area, but
including the area to be devoted to parks, parkways, and other
spaces, will provide the minimum lot area per family, count-
ing all families to be housed under the Unit Development
Plan, which is required for the most intensive use normally
permitted in the district in which such development is to be
located.
b. If the Board cf Zoning Appeals approves the proposed
Residential Development Plan, building permits and improvement
location nermits shall be issued, even though the use of the
land, the location of the buildings to be erected in the area,
and the yards and oven spaces provided in the elan do not
conform in certain respects to the regulations for the dis-
trict in which the development is to be located.
SECTION 2. COMMUNITY SHOPPING CENTER DEVELOPMT;,NT PLAN.
a. The owner or owners of any tract of lane., comprising
an area of not le 0 than. four (4) acres, may submit in a
similar manner, a Development Plan for a. Community ShbppJng
Center, which shall be processed in the manner prescribed in
Section 1, a., herein and may be approved if the report of
the City Plan Commission rhows that:
The commercial uses included in the plan are limited to
those permitted in the "LB" District;.
The entire development is designed as a single architec-
tual unit, with appropriate landscape architectural treat-
ment of the entire unit area;
That at least twice the gross floor area of the stores
to be included within the d.evelonment, nlus one vehicle park-
ing space of two hundred fifty (250) square feet for each
six (6) seats in any theater or place of congregation in-
cluded within the plan is provided in off-street parking
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areas, which are intergral parts of the design of the unit
p Ian;
That the appropriate use of property adjacent to the
area included in the plan will be fully safe -guarded;
That the plan is consistent with the intent of this
ordinance to promote the public health, safety and general
welfare.
b. If the Board of Zoning Appeals approves the proposed
Develooment Plan for a Community Shopping Center, building
permits and improvement location permits shall be issued as
prescribed in Section 1, b., herein.
SECTION 3. GROUPS OF SMALL HOUSES.
a. Where it is proposed in the "IS" Suburban District to
erect groups of ten (10) or more dwellings, the minimum
ground floor areas of any of which are less than six hundred
fifty (650) square feet, a development plan may be submitted
and processed in the manner prescribed in S ectton 1, a.,
herein, and may be approved if the report of the City Plan
Commission shows that:
The ap-oropria.te use of property adjacent to the area
Included in the plan will be fully safe -guarded;
Adequate -,an1t& ry facilities are provided;
The glen is consistent with the intent of this ordinance
to promote public health, safety, and general welfare.
b. If the i'oard of Zoning Aopeala anproces the proposed
Dovelooment Plan, b,.iilding normits and imprcvement location
permits shall be issued as prescribed in Section 1, b., herein.
ARTICLE VIII. BOAP.D Or ZONING APPEALS
SECTION 1. ESTABLISYWNT.
a. A Board of Zoning Aopeals is hereby established. The
word "Board", when used in this ordinance, shall be construed
to mean the roard ^f Zoning Anneals.
c-ECTION 2. COMPOSITION AND APPOINTMENT.
a. The Boa-d shall be coTDosed of five (5) members, all
of whom shall be residents of the City, and none of whom shall
hold other elective or appointive office, except that two (2)
of the five members shall be appointed from the City Plan
Commission's citizen membership. Of the original five members,
two shall be appointed to serve for four (4) years; one for
three (3) gears; one for two (2) years; and one for one (1)
year. 'Perms of these members shall expire on the first day
of January of the first, second, third or fourth yepr, re-
spectively, following their annointment. Thereafter, as
terms expire, each new annointment shall be for a term of
four (4) years. All members of the Board shall be appointed
by the Mayor.
SECTION 3. ORGANIZATION.
a. At the first meeting of each year, the Board shall
elect a Chairman and a Vice-chairman from among its members,
and it may appoint and fix the compensation of a secretary and
such employees ag are necessary for the discharge of its duties
all in conformity to and compliance with salaries and compen-
sations theretofore fixed by the Common Council.
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SECTION 4. RULFS OF PROCEDURE.
a. The Board shall adopt rules for its procedure con-
sistent with the provisions of the Planning Act of 1947,
which in Chapter 174 of the Acts of the Indiana. General
Assembly of 19L-�7, and Amendments thereto.
SECTION 5. MEETINGS AND RECORDS.
a. All meetings of the Board shall be open to the public.
The Board shall keep minutes of its proceedings, keep re-
cords of its examinations and other official actions, prepare
findings, and record the vote of all actions taken. All
minutes and records shall be filed in the office of the Board
and Thal, be a r_ublic record.
SECTIm 6. APPEALS FROM BUILDING INSPECTOR.
a. Any decision of the Building Inspector made in enforcement
of this ordinance may be appealed to the Board of Zoning
Anneals by any person claiming to be adversely affected by
such decision.
SECTION 7. POWERS AND DUTIE'S OF THE BOARD.
a. The Board- shall have the following powers and it shall
be its duty to:
(1) Hear and determine appeals from abA review any
order, requirement, decision or determination made by the
Building Inspector In the enforcement of this ordinance.
(2) Permit and authorize exceptions to the district
regulations only in the classes of cases or in particular
situations as specified in this ordinance.
(3) Hear and decide special exceptions to the terms of
the ordinance uoon �,rhich the Board is required to act under
this ordinance.
(4) Authorize upon appeal in specific oases such
variances from the terms of this ordinance as will not be
contrary to the public interest, where owing to special con-
ditions, fully demonstrated on the basis of the facts nre-
sentPd, a literal enforcement o-f the provisions of the ordin-
ance will result In unnecessary hardship, and so that the
spirit of this ordinance shall be observed and substantial
justice done.
b. In exercising its powers, the Board may reverse or
effirr`, wholly or partly, or may modify the order, require-
a.ent, decision or determination appealed from, as in its
opinion ought to be d ,ne in the premises, and tc that end
shall have all the cowers of the Building Inspector from
wizom the appeal is taken.
c. The Board shell hear and determine a.pxpeals in the manner
;prescribed In Suctions 78 to 81, inclusive, of the Planning
Act of 1947, Chapter 174 of the Acts of the Indiana General
Assembly for 1947.
SECTION 8. RESTRICTIONS ON FOARD ACTION.
a. Fvery decision of the Board shall be subject to re-
view by certiorari, as prescribed in Sections 82 to 88, in-
clusive, of the Planning Act of 1947, referred to above.
b. No variance in the application of the nrovisione of
this Ordinance shall be made by the Board relating to build-
ings, land or premises now existing or to be constructed, un-
less after a public hearing, the Board shall find that such
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variance will not:
(1) Alter the land use characteristics of
the district.
(2) Impair the adequate supply of light and
air to adjacent nronerty.
(3) Increase the hezard from fire, flood and
othpr dangers of said nronerty.
() Diminish the marketable value of adjacent
lands and buildings.
(5) Increase the congestion in the i-)ublic streets.
(6) Othervise impair the public health, safety,
comfort and general welfare.
ARTICLE IX. AIRPORT ZONING
SECTION 1. PURPOSE, To regulate a.nd restrict the height of
structures, and_ othervilse regulate the uce of nronerty in
the vicinity o`_' the Richmond vunicinal Airnort by creating
airport snnroach and turning zonos and establishing the
boundaries thereof; defining certain terms used therein, pro—
viding for the apneals therefrom; and im:)osing penalties for
violation thereof.
WHEREAS, airport hazerds endanger the Lives and nronerty
of users of the Richirond Municinal Airnort ann the occupants
of land in its vicinity, and in effect reduce thQ size of the
area available for the landing, taking off, and maneuvering;
of aircraft, thus tenOing to destroy or impair the utility
of the airport and the public inveetment therein, and
WHEREAS, the Board of Aviation Commissioners of the .
City of Richmond has, through the nower r ranted it under the
Airnort Act of 1945 and amendments thereto, adopted certain
standards for the safe descent, lending and ascent of air-
craft and for the proper and safe use of the=tichrond Munic-
ipal Airport and landing field in resnnct `o hPir-ht and
location of structures and the use of lan.�, and
WHEREAS, it is necessary in the intere,t of the public
health, nublin safety, and generaal welfaro, thc,t creation or
establishment o` Sirnort hazards be orevented to the extent
legally :possible )y exercise dr the relic, noi,.r, and
VMFFRF_,AS, the Ro3rd of Aviation ComirierionerQ of the
City of Ricl.mor.d h s by Resolution recommen., ed the adoption
of this ordinance,
NMI, THF:P.EFORF, Pursuant to the now -re granted by virtue
of Section 9, Chanter 96n, of the Acts of 1945; Chapter 174,
of the Acts of 1947; snd. Chanter 109, of the :'acts of 1949,
as well as its general police powers, REF I'_" FURI"HER ORDAINED
by the Common Council of the City of wichmond., 1�.a.yne County,
Indiana, as follows,
SECTION 2.. DEFINITIONS. For the nurnose of this Article,
certain terms and words are hereby defined as follows:
AIRPORT: The Richmond Municinal Airnort.
AIRPORT HAZARD: Any structure or use of land which
obstructB the air space required for the flight
of aircraft in landing or taking off at the air-
port or is otherwise hazardous to such landing or
tal.ina off of aircraft.
LANDING AREA: The area of the airnort used for the
descent, landing, taking off or taxiing of aircraft.
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0
PERSON: Any individual, firm co -partnership, corpor-
ation, company, association, joint stock association
or governmental unit and including any trustee, re-
ceiver, assignee or other similar representative
thereof.
SECTION 3. DISTRICT AND ZONES.
a. The RA RICHMOND MUNICIPAL AIRPORT DISTRICT is hereby
established and dividd.d into:
(a) Outer approach surface zone
(b) Approach surface zone
(c) Conical surface zone
(d) Horizontal surface zone
(e) Transitional surface zone
b. The boundaries of the RA DISTRICT and the several zones
are indicated on the RICHMOND MUNICIPAL AIRPORT ZONE MAP
which accompanies and is hereby declared to be a part of this
ordinance. Notations, references, indications and other
matters shown on the said man are as much parts of this
ordinance as if they were fully described in the text of
this ordinance.
c. The following documents of the Office of the Admin-
istrator of Civil Aeronautics of the United State of America
Department of Commerce entitled:
(a) Technical Standard Order-N18 dated April 26, 1950
b) Standards for Determining Obstructions to Air
Navigation dated April 289 1950, and any amend-
ments thereto.
are hereby declared to be parts of this ordinance and in-
corporated therein by reference, and two copies thereof are
on file in the office of the City Engineer in the City Hall
and are available for public inenection during all regular
office hours of the City Engineer.
SECTION 4. HEIGHT LIMITATIONS. No structure shall be erected,
reconstructed or structurally altered, to exceed in height
the limits established in the RA Richmond Municipal Airport
District. Height limits shall be determined by measuring up-
wards from a datum elevation of 1141 feet above sea level.
Provided further that exceptions to height limitations specified
elsewhere in this ordinance which would permit structures to
be erected higher than permitted in the RA Richmond Municipal
Airport District, shall not be applicable within such RA District.
SECTION 5. VARIANCES AND APPEALS.
a. Procedure with reference to appeals or applications
for variances related to the RA Richmond Municipal Airport
District shall be in accordance with the provisions establish-
ing a Board of Zoning Appeals in Article VIII of this ordin-
ance including procedure for review by certiorari as provided
in Section 8 of Article VIII.
b. Whenever any appeal or application for a variance
affecting the RA Richmond Municipal Airport District is
filed with the Board of Zoning Appeals, the secretary of such
Board shall immediately notify the Board of Avis tion Commis-
sioners which shall have the Dower to intervene and be heard
in such proceedings.
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e. No agency or official of the City of Richmond or
other governmental agency or official other than the Board
of Zoning Appeals of the City of Richmond shall have any
authority to grant variances or rule on appeals affecting
the RA Richmond Municipal Airport District.
SECTION 6. COOPERATION OF OTHER MUNICIPALITIES. Whenever
and wherever enforcement of this Article of this ordinance
necessarily involves property or real estate situated within
the boundaries of another municipality or county the Board
of Zoning Appeals is hereby granted authority to act, if in
conformance with the ordinances, rules or regulations of such
adjoining municipality or county, or may act jointly with a
Board of Zoning Appeals of such municipality or county, if
such provisions shall be made by such municipality or county,
it being the intention hereof to permit the Board of Zoning
Appeals to cooperate and -coordinate its efforts with any
other agency or board of any adjoining municipality or county
towards enforcement in fact and in spirit with the purposes
and intent of this Article of this ordinance.
ARTICLE X. ADMINISTRATION
SECTION 1. ENFORCEMENT BY WHOM. The Building Inspector is
hereby designated and authorized to enforce this Ordinance.
SECTION 2. PLATS. Each application for a building permit
shall be accompanied by a plat, in duplicate, drawn to scale
showing, the actual dimensions of the lot to be built upon,
the size of the building to be erected, reconstructed or
structurally altered, and such other information as shall be
necessary to provide for the enforcement of this Ordinance.
A careful record shall be kept of all such applications and
plats, in the Office of the Building Inspector.
SECTION 3. IMPROVEMENT LOCATION PERMITS.
a. No land shall be occupied or used and no building
hereafter erected, reconstructed or structurally altered
shall be occupied or used, in whole or in part, for any pur-
pose whatsoever, until an Improvement Location Permit shall
have been issued by the R4ilding Inspector stating that the
building and use comply with all of the provisions of this Ordin-
ance applicable to the building or premises or the use in the
district which it is to be located.
b. No change in use shall be made in any building or part
thereof, now or hereafter erected, reconstructed or structur-
ally altered, without an Improvement Location Permit having
been issued by the Building Inspector, and no such permit shall
be issued to make such change unless it is in conformity with
the provisions of this Ordinance.
c. Improvement Location Permits shall be applied for
coincidentally with the application for a building permit
and shall be issued within ten (10) days after the lawful
erection, reconstruction or structural alteration of such
building shall have been completed.
d. A record of all Improvement Location Permits shall be
kept on file in the office of the Building Inspector and
copies shall be furnished upon request to any person having
a proprietary or tenancy interest in the building or land
affected. A fee of one dollar (61.00) shall be charged for
each original permit and. fifty cent (50¢) for each copy thereof.
4
e. No permit shall be issued for excavation for or the
erection, reconstruction or structural alteration of any
building, before application has been made for an Improve-
ment Location Permit.
f. Requirements for obtaining building permits and improve-
ment location hermits, as provided herein, shall not apply
to farm residences or farm buildings, necessary to the oper-
ation of a farm, but this exemption does not apply to
commercial or industrial structures or uses listed or implied
in Charts 6 to 101, inclusive, herein, or elsewhere in this
ordinance or to residential structures other than farm resi-
dences.
ARTICLE XI. SUPPLEMENTAL ORDINANCE
SECTION 1. AMENDMENTS. The Common Council may, from time
to time, amend, supplement or change the regulations and
districts fixed by this Ordinance, in the manner prescribed
in Sections 63 and 64 of Chapter 174 of the Acts of the
Indiana General Assembly of 1947.
ARTICLE XII. PENALTIES AND REMEDIES
SECTION 1. PENALTIES. Any person or corporation who shall
violate Gny of the -provisions of this ordinance or fail to
comaly therewith or with any of the requirements thereof, or
who shall build, reconstruct or structurally alter any build-
ing in violation of any detailed staterent or -olan submitted
and apnroved thereunder shall, for each and every violation
or noncompliance, be guilty of a misdemeanor and, upon con-
viction, shall be fined not less than ten ($10.00) dollars
and not more than three hundred ($300.00) dollars, and each
day that such violation or noncompliance shall be permitted
to exist shall constitute a separate offense.
SECTION 2. REMEDIES. The City Plan.Commission, the Board
of Zoning Appeals, the Building Inspector, or any designated
enforcement official, or any person or persons, firm or
corporation, jointly or severally aggrieved, may institute
a suit for injunction in the Circuit Court or Superior
Court of Wayne County to restrain an individual or a govern-
mental unit from violating the provisions of this ordinance.
The City Plan Commission or the Board of Zoning Appeals may
also institute a suit for mandatory injunction directing an
Individual, a corporation or a governmental unit to remove a
structure erected in violation of the provisions of this
ordinance. Any building, erected, raised, or 0onverted, or
land or premises used in violation of any provisions of this
ordinance or the requirements thereof, is hereby declared to
be a common nuisance and as such may be abated in such manner
as nuisances are now or may hereafter be abated under existing
law.
ARTICLE XIII. REPEAL
SECTION 1. THE ZONING ORDINANCE. The Zoning Ordinance of
the City of Richmond, adopted on April 16, 1923, together
with all amendments thereto, is hereby repealed.
ARTICLE XIV. MAPS, CHARTS, SPECIFICATIONS AND
DOCUMENTS AVAILABLE FOR INSPECTION
SECTION 1. MAPS, CHARTS, SPECIFICATIONS AND DOCUMENTS. The
Zone heap and the Two -Mile Jurisdictional Area Zone Map
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•.4)- I
r.
.
referred to in Article II, Section 2; of this ordinance;
the Charts and Specifications referred. to in Article III,
Section 6; the Richmond Municipal Airport Zone Man and
Documents referred to in Article IX, Section 3 b and c,
resnectively; consisting of two copies of each of said
Mans, Charts, Specificatione and Documents, are on file in
the office of the City Engineer in the City Hall in Rich-
mond, Indiana, and. are available for public inspection dur-
ing all regular office hours of the City Engineer.
SECTION 2. RESPONSIBILITY OF CITY ENGINEER. The City
Engineer of the City of Richmond, Indiana, is hereby
ordered and directed to `keen on file for public inspection
during all regular office hours of the City Engineer, two
copies of each of the said Maps, Charts, Specifications and
Documents referred to herein.
ARTICLE XV. VALIDITY
SECTION 1. INVALIDITY OF PORTIONS. Should any Article,
Section or Provision of this ordinance be declared, by a
court of competent jurisdiction, to be invalid, such de-
cision shall not affect the validity of the ordinance as
a whole, or any portion thereof, other than the portion so
declared to be invalid.
SECTION 2. bHEN EFFECTIVE. This ordinance shall be in full
effect from and after its Dassage, approval and nublication
according to late.
PASSED `by the Common Coup of the City of Richmond,
Indiana, this _20 day of _ y;f��.f 1953.
President of Corr, Counc f
-- the City of Richm d, Ind ana.
Attest;_779.r
City k
PRESENTED by me Ather J. Reeg, City Clerks to the Hon.
Lester E. Meadows, Mayor thiF'/ day of
1953, at the hour of �FI a o nTclock _M. ,�
f t� ty Ller�/
fJ / I
APp OVE by me Lester E. Meadows, May thid/' �i day
of 1953, a.t the hour of 00 oclock M/C'
• la,ior of the City of Richmond,
Indiana.
ATTEST:
City 0
erk
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