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.
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Rejection
Date Passed
COMMETTEE ASSIGNMENTS:
Committee Date
Commitee Hearing Date
Reassigned to Council Agenda
PUBLICATION DATES:
AMENDMENTS:
COMMENTS: