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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 -1- 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. -9- 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. -3- 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 -5- 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 -7- 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; ED 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 -10- 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. -11- 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 -12- 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. -13- 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. -14- 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 -16- •.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 -17-