HomeMy Public PortalAbout022-2023 - second memoDAVID M. SNOW
Mayor
DUSTIN PURVIS
Zoning Administrator
CITY OF RICHMOND
Department of Infrastructure and Development
50 NORTH FIFTH STREET - RICHMOND, IN 47374
PHONE (765) 983-7242 - dpurvis@richmondindiana.gov
August 2, 2023
Common Council
50 N 5th Street
Richmond, IN 47374
RE: Ordinance 22-2023
Dear Council Members,
Ordinance No. 22-2023 is a request from Richmond's Department of Infrastructure and Development to
amend the Unified Development Ordinance (UDO - Chapter 154 of the Richmond City Code). Richmond's
UDO has been amended twice since it was originally established by Ordinance 18 -2010 —Ordinance 79-
2015 was a substantial set of amendments; Ordinance 36-2020 was a text amendment to Article 2.33.
During his time with the City, former City Planner and Director of Infrastructure and Development, Ian
Vanness, documented several areas of the ordinance that could be adjusted to better fit the needs of the
community for current and future development, and the proposed changes are the results of his efforts.
Among other things, these amendments adapt to changes that have occurred within the City over the past
decade by providing clarity regarding its approach to solar parks, food trucks, and short-term rentals. They
create the conditions to expand Richmond's affordable housing supply by increasing residential density
standards in our multi -family and general commercial zoning districts while reducing restrictions on
accessory dwelling units. Finally, some of the proposed amendments attempt to eliminate inconvenience for
our residents by changing development standards that consistently receive variances from Richmond's Board
of Zoning Appeals.
At the conclusion of its public hearing on June 28, 2023, Richmond's Advisory Plan Commission voted 7-0
to recommend approval of the ordinance to the Richmond Common Council. Additionally, the Plan
Commission recommends Council entertain votes to amend the language of the ordinance to reflect the
following:
1.) Article 5.59(A)2 — Heavy Industrial and High Impact Storage Standards: Replace current text
with "Outdoor storage areas shall be screened on all sides by a solid, opaque wall or fence of not
less than six (6) feet tall, or eight (8) feet tall if what is stored is greater than six (6) feet in height.
A chain link fence or a variation of a chain link fence combination shall not constitute an
acceptable screening device. "
2.) Article 5.94(A)1 — Temporary Construction Facility Standards: Change, "A one-time 18 month
extension may be granted . . ." to "A one-time extension up to 18 months may be granted . . ."
The Department of Infrastructure and Development respectfully requests the ordinance to be heard on the
second reading at the August 7, 2023 Common Council meeting.
Respectfully,
Dustin Purvis
Zoning Administrator
COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA
ORDINANCE NO. 22-2023
A GENERAL ORDINANCE AMENDING
CHAPTER 154: UNIFIED DEVELOPMENT ORDINANCE
WHEREAS, Chapter 153: Subdivision Control Ordinance and Chapter 154: Zoning code,
containing original and amended provisions regarding subdivisions and zoning
dating back to July 2, 1984 and June 3, 1958 were replaced with Chapter 154:
Unified Development Ordinance as set forth in establishment Ordinance No. 18-
2010, as amended from time to time; and
WHEREAS, The City of Richmond is authorized by the State of Indiana to amend the Unified
Development Ordinance, as set forth in Indiana Code 36-7-4-607 et seq.; and
WHEREAS, Common Council, pursuant to Indiana Code 36-7-4-607, conducted a public hearing
on said petition on , 2023, after publishing legal notice thereof at
least 10 days in advance of said hearing as required by statute; and
WHEREAS, The Richmond Advisory Plan Commission, has considered a proposal to amend the
Unified Development Ordnance, pursuant to Indiana Code 36-7-4-607, conducted a
public hearing on said petition on , 2023, after publishing
legal notice thereof at least 10 days in advance of said hearings as required by
ordinance; and
WHEREAS, It is in the best interest of the City to amend the Unified Development Ordinance in
order to promote public health, safety and welfare and in order to provide for the
desirable future development of the community; and
WHEREAS, It is in the best interest of the City to amend the Unified Development Ordinance to
permit reasonable standards of design and procedure for solar panels in additional
districts as set forth herein and in the proposed revisions, in order to promote health,
safety and welfare and in order to provide for the desirable future development of
the community; and
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WHEREAS, It is in the best interest of the City to amend the Unified Development Ordinance to
remove or permit certain uses and remove or permit certain standards along with
relevant changes to definitions which may apply to certain districts as set forth herein
and in the proposed revisions, in order to promote health, safety and welfare and in
order to provide for the desirable future development of the community; and
WHEREAS, It is in the best interest of the City to amend the Unified Development Ordinance to
revise certain height restrictions, revise certain location and setback restrictions, and
revise certain density restrictions, all of which may apply to certain districts as set
forth herein and in the proposed revisions, in order to promote health, safety and
welfare and in order to provide for the desirable future development of the
community; and
WHEREAS, It is in the best interest of the City to amend the Unified Development Ordinance to
make other language revisions for cohesiveness of the changes proposed for
amendment herein in order to promote health, safety and welfare and in order to
provide for the desirable future development of the community; and
WHEREAS, It is in the best interest of the City to adopt the proposal of the Plan Commission,
which proposal was certified by the Advisory Plan Commission on
, 2023, and was on file with the Department of Infrastructure and
Development for at least 10 days after Certification pursuant to Indiana Code 36-7-4-
607.
NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana, that:
1. Current Chapter 154: Unified Development Ordinance be amended as described in
attached Exhibit A with its index set forth in Exhibit B.
2. Should any section, paragraph, sentence, clause or phrase of this Chapter be properly
declared unconstitutional or invalid for any reason, the remainder of said Chapter shall not be affected
thereby.
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3. This Ordinance shall be in full force and effect from and after its passage and
adoption by the Common Council of the City of Richmond, Indiana.
Passed and adopted this day of , 2023, by the Common Council of the
City of Richmond, Indiana.
, President
(Jeff Cappa)
ATTEST: , City Clerk
(Karen Chasteen, IAMC, MMC)
PRESENTED to the Mayor of the City of Richmond, Indiana, this day of
2023, at 9:00 a.m.
, City Clerk
(Karen Chasteen, IAMC, MMC)
APPROVED by me, David M. Snow, Mayor of the City of Richmond, Indiana, this day of
, 2023, at 9:05 a.m.
, Mayor
(David M. Snow)
ATTEST: , City Clerk
(Karen Chasteen, IAMC, MMC)
I affium, under the penalties for perjury, that I have taken reasonable care to redact each Social
Security number in this document, unless required by law: Kimberly A. Vessels
Page 3 of 3
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2023 Unified Development Ordinance Update
City of Richmond
Department of Infrastructure & Development
2023 Unified Development Ordinance
Update Index
Planning and Zoning
Richmond Advisory Plan Commission
March 2023
Proposed 2023 UDO Updates
1. Article 2 (Entire): add “Solar Panels” as a permitted accessory use in every zoning district. (pp.
24, 26, 28, 30, 32, 34, 36, 38, 40, 42, 44, 46, 48, 50, 52, 54, 56, 58, 60, 62, 64, 66, 68)
2. Article 11: add “Solar Panels” definition, “The accessory use of photovoltaic panels designed to
receive the direct rays of the sun and convert them into heat, electricity, or another form of
energy to provide heating, cooling, or electrical power.” (p. 380)
3. Article 2.03: add “Event Barn” as a Special Exception Use in the Agricultural district. (p. 26)
4. Article 11: add “Event Barn” definition, “One (1) or more existing agricultural buildings that
may be presently part of a functioning farm or may be remaining buildings following the
termination of farming activities, that is used by individuals or groups, for a rental fee or other
form of remuneration, to accommodate private functions including, but not limited to, meetings,
banquets, weddings, gatherings associated with anniversaries, birthday parties, reunions, and
other similar gatherings and celebrations. Such a use may include designated outdoor areas on
the same lot as the agricultural buildings for Event Barn activities, kitchen facilities or the
preparation or catering of food, and the serving of alcoholic beverages for on-premises
consumption only during scheduled events, and shall not be open to the general public. Event
Barns are required to comply with current building, fire, and health codes for commercial use.”
(p.335)
5. Article 2.03, 2.39, 2.41, 2.43: add “Solar Park as a Special Exception Use in the Agricultural,
Industrial Commercial, Low-to-Moderate Intensity Industrial, and High Intensity Industrial
districts. (pp. 26, 62, 64, 66)
6. Article 11: add “Solar Park” definition, “A photovoltaic power station that utilizes an area of
land for the collection of solar energy in order to convert it into electrical energy, primarily for
off-site commercial consumption (also known as solar farms, solar power plants, and commercial
solar energy systems).” (p. 380)
7. Article 2.23, 2.29, 2.31, 2.33, 2.41, 2.45: remove “Government Operations (non-office)” from
Institutional, General Commercial, Outdoor Commercial, Central Business, Low-to-Moderate
Intensity Industrial, and High Impact districts. (pp. 46, 52, 54, 56, 64, 68)
8. Article 11: edit “Utility Facility, above ground” to read as, “Permanently located and installed
electrical generators, pipeline pumping stations, public wells, telephone exchanges, utility
substations, and the like [add] but shall not include solar parks. See "Solar Park." (p. 384)
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2023 Unified Development Ordinance Update
9. Article 2.03, 2.07: change “accessory dwelling units” from a Special Exception Use to Permitted
Accessory Use in the Agricultural and Low-Density Single Family Residential districts. (p. 26,
30)
10. Article 2.09, 2.11, 2.13: add “accessory dwelling units” as a Special Exception Use in the
Medium Density Single-family Residential, High-Density Single-family Residential, and Urban
Residential districts. (p. 32, 34, 36)
11. Article 5.03 (applicable districts): change ADU Development Standards to read as, “AG, [add]
R1, R2, R3, UR”. (p. 106)
12. Article 2.15: change “Dwelling, Multiple-family (4-6 units)” from a Special Exception
Residential Use to a Permitted Residential Use in the Multiple-Family Residential district. (p. 38)
13. Article 2.15: add “Dwelling, Multiple-family (7-15 units)” as a Special Exception Residential Use
in the Multiple-Family Residential district. (p. 38)
14. Article 2.17: change “Dwelling, Multiple-family (16+ units)” from a Special Exception
Residential Use and adds (16-24 units) to a Permitted Residential Use in the Intense Multiple-
Family Residential district. (p. 40)
15. Article 2.17: add “Dwelling, Multiple-family (24+ units)” as a Special Exception Residential Use
in the Intense Multiple-Family Residential district. (p. 40)
16. Article 2.29, 2.31: add “Addiction Treatment Facility” as a Permitted Commercial Use in the
General Commercial and Outdoor Commercial districts. (pp. 52, 54)
17. Article 11: add “Addiction Treatment Facility” definition, “An inpatient and outpatient facility
for treatment and recovery for substance abuse and addiction.” (p. 345)
18. Article 11: edit “Office, Medical Services” to read as, “Emergency medical clinic, dental clinic,
medical clinic, optical clinic, rehabilitation clinic, veterinarian clinic/hospital, and the like [add]
but shall not include addiction treatment facilities. See "Addiction Treatment Facility." (p. 371)
19. Article 2.29: add “Dwelling, Multiple-family (7-15 units) (16-24 units)” as a Special Exception
Residential Use in the General Commercial. (p. 52)
20. Article 2.23, 2.29, 2.31, 2.33, 2.37: remove “Government Office” from Permitted Institutional
Use in the Institutional, General Commercial, Outdoor Commercial, Central Business, and Ed-
Med-Tech-Park districts. (pp. 46, 52, 54, 56, 60)
21. Article 11: edit “Office, General Service” to read as, “Employment service, [add] government
office, insurance office, law office, membership association, publishing corporate office, reading
clinic, real estate office, secretarial service, service organization, temporary service agency, title
company, trade office, travel agency, and the like.” (p. 371)
22. Article 2.27: add “Office, Medical Service” as a Permitted Commercial Use in the Limited
Commercial district. (p. 50)
23. Article 2.07, 2.09, 2.11, 2.13, 2.25, 2.27: add “Non-owner Occupied Short-term Rental” as a
Special Exception Commercial Use in the Low Density Single-family Residential, Medium
Density Single-family Residential, High Density Single-family Residential, Urban Residential,
Neighborhood Commercial, and Limited Commercial districts. (pp. 30, 32, 34, 36, 48, 50)
24. Article 2.33: add “Non-owner Occupied Short-term Rental” as a Permitted Commercial Use in
the Central Business district. (p. 56)
25. Article 11: add “Short-term rental” (owner occupied & non-owner occupied) definition, “A
single-family home, or dwelling unit within a single or two-family home, multi-family dwelling,
condominium, cooperative, time share, or detached accessory structure, that offers lodging to one
or more guests for terms of less than thirty (30) days at a time.” (p. 377)
26. Article 5.94: add “Temporary Use – Construction Facility” and have it read as, “A. Temporary
Construction Facility:
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2023 Unified Development Ordinance Update
• 1. Duration: A temporary construction facility shall be approved by the Director of
Public Works and Engineering and the acting Zoning Administrator for a period not to
exceed 18 months. A one-time 18 month extension may be granted by the Director of
Public Works and Engineering and the acting Zoning Administrator.
• a. A temporary construction facility shall be completely removed and the
temporary improvement location permit shall expire within thirty (30) days after
the project has been deemed complete by either the Director of Public Works and
Engineering or the Building Commissioner.
• b. A temporary construction facility shall be completely removed and the
temporary improvement location permit shall expire within thirty (30) days after
the project has been issued a Certificate of Occupancy.
• 2. Location: Temporary construction facilities shall be located off-street on private or
public property with the permission of the property owner.
• 3. Additional Requirements: Temporary construction facilities shall have adequate
ingress and egress to and from the property, not create any public health and safety risks,
not encroach into any vision clearance triangles, and shall contain all materials within
the applicable setbacks of the property per Article 2: Two-page layout.
• a. Additional screening may be required as deemed necessary by the Director of
Public Works and Engineering and the acting Zoning Administrator.” (p. 206)
27. Article 5.93 (applicable districts): edit “Temporary Use Standards” to read as “ [add] PR, AG,
R1, R2, R3, UR, UV, IS, NC, LC, OC, CB, HC, EP.” (p. 206)
28. Article 5.93 (1) a: add “a. Food trucks shall not operate more than four (4) days per month on a
residentially zoned property” to “Temporary Use Standards”. (p. 206)
29. Article 5.69 (c) 8: edit “General Setback Standards” to read as, “Parking Lots: In commercial,
institutional, and industrial zoning districts, parking lots may encroach into the front and rear
yard setbacks [add] but shall not encroach into side yard setbacks for a primary structure by the
following amounts: a. Front [add] and Rear Yards: Parking lots may project into a front [add]
and rear yards (30) by twenty-five percent (25%) of the minimum front yard setback, unless a
specific setback for parking lots is designated in the zoning district.” (p. 167)
30. Article 5.73 (G) 1: edit “General Sign Standards” to read as, “Right-of-way: Signs shall not be
permitted in any right-of-way, [add] including bioswales and utility strips, unless authorized by
the Board of Public Works and Safety, except as specified in Section 5.78: Parks, Neighborhood
and Limited Commercial, and Central Business Sign Standards.” (p. 172)
31. Article 5.21 (F): add “F. Quantity: Only one (1) driveway shall be installed per property” to
Residential Driveway Development Standards. (p. 121)
32. Article 5.22 (B): edit “ Non-residential Driveway Standards” to read as, “Width: A driveway shall
be at least nine (9) feet wide, but shall not exceed ten (10) feet per lane and [add] forty-five (45)
feet in overall width.” (p. 122)
33. Article 5.69 (c) 15: add “Cul-de-sac Lots: Irregularly shaped lots that front onto a cul-de-sac
may encroach into the front yard setback up to 5' as deemed appropriate by the acting Zoning
Administrator” to “General Setback Standards.” (p. 167)
34. Article 2.14: edit “UR District Development Standards” to read as, “5 feet for primary and
accessory structures [add] or 0 feet for attached dwellings with a common wall on the property
line.” (p. 37)
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2023 Unified Development Ordinance Update
35. Article 5.24 (e): add “Exemption: Corner lots may utilize rear yard height standards in side yard
as deemed appropriate by the acting Zoning Administrator” to “General Fence and Wall
Standards”. (p. 124)
36. Article 2.16: change “M1 Maximum Density” from “6 units per acre” to “12 units per acre”. (p.
39)
37. Article 2.18: change “M2 Maximum Density” from “12 units per acre” to “24 units per acre”. (p.
41)
38. Article 5.59: change “I2, HI Outdoor Storage Standards from “not required” to “Outdoor
storage areas shall be screened on all sides with a solid fence or wall that is six (6) feet tall, or
eight (8) feet tall if what is stored is greater than six (6) feet in height.” (p. 154)
39. Article 5.33 (B) 3a: edit “Height Standards” to read as, “Grain elevators and grain silos used for
agricultural [add] and industrial purposes may exceed the maximum structure height, but shall
not exceed 100 feet in height.” (p. 130)
40. Article 5.15 (e): add “Additions: The exterior finish and facade of all additions shall match,
closely resemble, or significantly complement the materials and colors used on the primary
structure” to “R1, R2, R3, UR, NC Architectural Standards”. (p. 116)
41. Article 5.49 (A) 1: edit “Bufferyard Planting Standards” to read as, “Conflicting Districts:
Bufferyards shall be installed along side and rear property lines where conflicting zoning
districts meet, as indicated on Table LA-A. An "R" on Table LA-A indicates a bufferyard shall be
required. [add] Bufferyards are not required in front yards when a conflicting zoning district
exists across a right-of-way.” (p. 143)
42. Article 5.06 (B) 2: edit “R1, R2, R3, UR Accessory Structure Standards” to read as, “Timing: An
accessory structure shall not be installed or constructed on a lot prior to completing construction
of the primary structure (i.e. issuance of the certificate of occupancy), [add] except when the
property is greater than 3 acres and located within the extra-territorial jurisdiction (a.k.a. two-
mile fringe) of the City of Richmond.” (p. 110)
43. Article 9.08 (D) 7a (vi): add “The development plan is consistent with the City of Richmond's
Climate Action Plan” to “Development Plan”. (p. 295)
44. Article 9.10 (e) 60: add “The City of Richmond's Climate Action Plan” to “Planned
Development; District Ordinance & Establishment Plan”. (p. 298)
45. Article 9.11 (e) 6: add “The City of Richmond's Climate Action Plan” to “Planned Development;
Development Plan”. (p. 303)
46. Article 9.13 (e) 7a (vi): add “The proposed special exception is consistent with the City of
Richmond's Climate Action Plan” to “Special Exception”. (p. 309)
47. Article 9.14 (G) 6b (vi): add “The proposed subdivision of land is consistent with the City of
Richmond's Climate Action Plan” to “Primary Plat”. (p. 314)
48. Article 9.14 (H) 7vi: add “The proposed subdivision of land is consistent with the City of
Richmond's Climate Action Plan” to “Primary Plat; Plat Committee Review”. (p. 315)
49. Article 9.17 (E) 5f: add “The City of Richmond's Climate Action Plan” to “Text Amendment”. (p.
323)
50. Article 9.18 (E) 7b: (vi) add “The approval does not interfere substantially with the City of
Richmond's Climate Action Plan” to “Variance”. (p. 326)
51. Article 9.19 (F) 5a (iv): edit “Waiver from Design Standards” to read as, “The Design Standard
Waiver shall not in any manner subvert the provisions of Article 5: Development Standards, the
comprehensive plan, thoroughfare plan, [add] or the City of Richmond's Climate Action Plan.”
(p. 329)
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2023 Unified Development Ordinance Update
52. Article 9.20 (e) 7a (vi): add “The City of Richmond's Climate Action Plan” to “Zoning Map
Amendment (Rezoning)”. (p. 333)
53. Article 7.32 (B) 2: edit “Surety Standards” to read as, “Timing: The Performance Surety shall be
offered and accepted prior to [add] construction commencing and final approval of the
development by the Plan Commission (e.g. final plat for subdivision).” (p. 269)
54. Article 9.14 (K): edit “Primary Play” to read as, “K. Pre-Construction Meeting: The petitioner
shall provide construction plans [add] and have satisfied Section 7.32: Surety Standards at least
two (2) weeks prior to the pre-construction meeting. The petitioner shall meet with the Zoning
Administrator, sanitary department, utility providers, and City Engineering representatives in a
meeting to address construction coordination and anything not addressed by the Plan
Commission.” (p. 316)
55. Article 9.10 (F): edit “Planned Development; District Ordinance & Establishment Plan” to read
as, “Duration: If Step 2, a Planned Development Detailed Development Plan, has not been filed
within [add] two (2) years of the date the Common Council approved the Planned Development
District Ordinance and the Establishment Plan, the approval expires and a new Application for a
Planned Development shall be submitted. [add] The Zoning Administrator may grant one (1) six-
month extension.” (p. 299)
56. Article 2.08, 2.10, 2.12, 2.14: edit “R1, R2, R3, UR, and M1 Maximum Structure Height” to read
as “20 feet for accessory structure [add] structure or 100% of height of primary structure,
whichever is less”. (pp. 31, 33, 35, 37, 39)
57. Article 5.06 (C) 2: edit “R1, R2, R3, UR Accessory Structure Standards” to read as, “The
cumulative square footage of all storage-based accessory structures shall not exceed seventy-five
percent (75%) of the footprint of the primary structure [add] and no single structure shall exceed
25% of the footprint of the primary structure for property less than one-half (1/2) an acre; except
for lots over one (1) acre which shall be regulated as follows:” (p. 110)