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HomeMy Public PortalAbout046-1994 - GENERAL ORDINANCE AMENDING CHAPTER 154 OF THE RICHMOORDINANCE NO. 46-1994 (Second Reading Amendment) A GENERAL ORDINANCE AMENDING CHAPTER 154 OF THE RICHMOND CODE, COMMONLY REFERRED TO AS THE ZONING ORDINANCE WHEREAS Indiana Code 36-7-4-1106 (b) requires that identical standards and requirements be applied to dwelling units and lots whether or not the dwelling unit to be placed on a lot is a manufactured home or some other type of dwelling unit, and WHEREAS Indiana Code 36-7-4-1106 (d) states that local zoning ordinances may not preclude manufactured homes constructed after January 1, 1981, that exceed 950 square feet of occupied space from being installed as permanent residences on any lot on which any other type of dwelling unit may be placed, and WHEREAS Richmond Code, Chapter 154, Section 13.96 states that occupied space means the total area of earth horizontally covered by a structure, excluding accessory structures such as, but not limited to, garages, patios and porches, and WHEREAS Richmond Code, Chapter 154, Section 13.25 states the length and width of any dwelling shall not be less than 23 feet as measured at its least length and width subject to the exception stated in said Section, and WHEREAS certain sections of Chapter 154 of the Richmond Code do not conform to the Indiana Code, NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana, that Chapter 154 of the Richmond Code be amended as follows: A. Section 13.94 is amended by deleting the second and third paragraphs and adding the following sentence to the first paragraph: Said manufactured home, as defined in this paragraph, shall be considered the same as the term dwelling wherever it appears in this Chapter. B . Section 20.025 is deleted. C. Section 22.003 is deleted. D. Section 25.010 is deleted. Passed and adopted this 5th day of July, 1994, by the Indiana. ATTES orma Carnes) PRESENTED to the Mayor of the City of a.m. APPROVED by me, Roger Cornett, Mayor of the City of July, 1994, at 9:05 a.m. ATTES : ,City Clerk (Norma Carnes) of the City this M day of JuIA 1994, at 9:00 (Norma Clerk 6th day of CITY OF RICHMOND Op R rcy { o z lip, �� * DEPARTMENT OF LAW 50 North 5th Street r ate Richmond, Indiana 47374 Phone (317) 983-7220 Fax (317)966-2255 June 2,1994 Common Council Richmond, IN 47374 RE: Ordinance No. 46-1994 ear Council em er: ROGER CORNETT Mayor THOMAS S. MILLIGAN City Attorney This ordinance conforms the City's Zoning Ordinance to the Indiana Code with regard to manufactured homes. The history of local zoning regulations chronicles the progression of house trailers to mobile homes to manufactured homes. A dwelling manufactured and loaded onto a semi -trailer truck in sections and transported to a building site has never been a problem. However, a dwelling manufactured and placed on a set of removable wheels and towed to a building site has been a problem. The Federal Manufactured Housing Construction and Safety Standards Law of 1974 (42 United States Code 5401 et seq.) provided for standards and inspection at the point of manufacture as evidenced by a seat on the dwelling unit in lieu of compliance with local codes and inspections. Indiana Public Law 312, which became effective July 1, 1982, was designed to end the discrimination practiced by local zoning authorities against manufactured homes in the same -way the previously mentioned federal law was designed to end discrimination practiced by local building inspectors against the same units. Richmond's Zoning Ordinance does not conform to Indiana Code because the placement of manufactured homes in certain residence districts required a Special Use whereas other dwelling types do not. This ordinance removes the unenforceable provisions in the Zoning Ordinance with regard to manufactured homes. Sincerely yours, Thomas S. Milligan City Attorney Enclosure TSM/ags RICHMOND ADVISORY PLAN COMMISSION RICHMOND, INDIANA June 28, 1994 Mr. Larry Parker, President Richmond Common Council Richmond, IN 47374 RE: Ordinance No. 46 - 1994 Please advise members of Common Council that the Richmond Advisory Planning Commission conducted a public hearing, Tuesday, June 28, 1994, on its'own petition to recommend that the Zoning Ordinance be amended to comply with State law regarding the placement of manufactured homes on residentially zoned lots within the City. Planning Staff recommended approval of the request. State law does not permit a city to place restrictions on Manufactured homes different from those placed on conventionally built (stick built) houses. The Commission voted 9 in favor, none opposed to recommend, to Council, the passage of Ordinance No. 46, 1994 as amended. Respectfully submitted, Robert Goodwin Executive Secretary DISPOSITION OF ORDINANCE 140. RESOLUTION HAD. �,_..•5�-�r by Common Council Ordinance No.�'�' Resolution No. _ Eisuo Lundy Sroakdark Donat McSdde Pad ff Dic,"M,cfi IJ ate � Susp. rules ist read Title only ............... ..<..<.< <<..<.. ....<. F, -Seconded Proof of Publicatort < < R ) Seccnded Move to 2nd read --............. -••--- .<....< .. Seconded Engrossment ................. ..... _.. ----• Seconded Susp rules 3rd read Seconded Passage._ ._..-.. ------ --0 R- -------------- ------------ ------- Rejection Date Passed COMMETTEE ASSIGNMENTS: Committee Date Commitee Hearing Date Reassigned to Council Agenda PUBLICATION DATES: AMENDMENTS: COMMENTS: