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HomeMy Public PortalAbout004-1988- AMENDING ARTICLE 62 OF CHAP 154 OF THE CODEAMENDED GENERAL ORDINANCEN,Q. 4-1988 AN ORDINANCE AMENDING ARTICLE 62 OF CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO.2325-1968, COMPANY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA. WHEREAS, it is the intent of this Ordinance to amend Article 62 of Chapter 154 of the Municipal Code; and, WHEREAS, a study of this Ordinance was conducted by the Richmond City Plan Commission the _day of 1988, at which time remonstrances were heard from all parties interested in or affected by this Ordinance; and, WHEREAS, the vote of the City Plan Commission was ,,,_to _in favor of/in opposition to recommending the passage of Ordinance No. 4-1988. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of Richmond, Indiana as follows: SECTION 1. That Article 62.012 of Chapter 154 of the Municipal Code shall be amended to read as follows: 2.012 Certification of Proposed-onina Ordinances to Common Within ten (10) business days after the Commission determines its recommendation (if any,) the Commission shall certify its recommendation to Common Council as follows: 1. If the proposed Ordinance is to adopt an initial zoning ordinace (or to adopt a replacement zoning ordinance after repealing the entire zoning ordinance, including amendments and zone maps) it may be certified only if it receives a favorable recommendation from the Commission. 2. If the proposed Ordinance is to amend or partially repeal the text (not zone maps) of the Ordinance, it may be certified with a favorable recommendation, an unfavorable recommendation, or no recommendation from the Commission. 3. If the proposed Ordinance is to change the zone maps incorporated by reference into the Ordinance, it may be certified with a favorable recommendation, an unfavorable recommendation, or no recommendation from the Commission. The Common Council shall consider the recommendation (if any) of the Commission before acting on the proposed Ordinance. SECTION 2. That Article 62.013 of Chapter 154 of the Muncipal Code shall be amended to read as follows: 62.013 Consideration of Proposed Zoning Ordinance by Common Council and Veto by Mayor: 1. This Section applies to a proposed Ordinance to adopt an initial zoning ordinance (or to adopt a replacement zoning ordinance after repealing the entire zoning ordinance, including amendments and zone maps). At the first regular meeting of the Common Council after the Commission certifies the proposal, the Common Council shall either: a. Adopt, reject, or amend the proposal; or, b. Decide to further consider the proposal in which case the proposal may be scheduled for a further hearing at any regular or special meeting of the Common Council within ninety (90) days after certification. In any event, the Common Council shall vote on the proposal within ninety (90) days after the Commission certifies the proposal. c. The recommendation of the Commission concerning the proposal must be on file in the Commission's Office for public examination for at least ten (10) days before any hearing scheduled under subsection (b). On completion of the hearing, the Common Council shall consider the proposal. d. If the Common Council adopts the proposal, the Ordinance takes effect as other ordinances of the Common Council. e. If the Common Council fails to act on the proposal within ninety (90) days after certification, the ordinance takes effect as if it had been adopted (as certified) ninety (90) days after certification. f. If the Common Council rejects or amends the proposal, it shall be returned to the Commission for its consideration, with a written statement of the reasons for the rejection or amendment. The Commission has forty five (45) days in which to consider the rejection or amendment and report to the Common Council as follows: (1) If the Commission approves the amendment or fails to act within the forty- five (45) day period, the ordinance stands as passed by the Common Council as of the date of the filing of the Commission's report or approval with the Common Council for the end of the forty-five (45) day period. (2) If the Commission disapproves the rejection or amendment, the action of the Common Council on the original rejection or amendment stands only if confirmed by another vote of the Common Council within forty-five (45) days after the Commission certifies its disapproval. If the Common Council fails to confirm its action under this subdivision, then the ordinance takes effect in the manner provided in subsection (e). 2. This section applies to a proposal to amend or partially repeal the text (not zone maps) of the zoning ordinance. a. The Common Council shall vote on the proposal within ninety (90) days after the Commission certifies the proposal. b. This subsection applies if the proposal receives a favorable recommendation from the Commission: (1) At the first regular meeting of the Common Council after the proposal is certified, (or at any subsequent meeting within the ninety (90) day period), the Common Council may adopt, reject, or amend the proposal. (2) If the Common Council adopts (as certified) the proposal, it takes effect as other ordinances of the Common Council. (3) If the Common Council fails to act on the proposal within ninety (90) days after certification, it takes effect as if it had been adopted (as certified) ninety (90) days after certification. (4) If the Common Council rejects or amends the proposal, it shall be returned to the Commission for its consideration, with a written statement of the reasons for the rejection or amendment. The Commission has forty-five (45) days in which to consider the rejection or amendment and report to the Common Council as follows: (a) If the Commission approves the amendments or fails to act within the forty- five (45) day period, the ordinance stands as passed by the Common Council as of the date of the filing of the Commission's report of approval with the Common Council or the end of the forty-five (45) day period. (b) If the Commission disapproves the rejection or amendment, the action of the Common Council on the original rejection or amendment stands only if confirmed by another vote of the Common Council within forty-five (45) days after the Commission certifies its disapproval. If the Common Council fails to confirm its action under this clause, the ordinance takes effect in the manner provided in subdivision (3). c. This subsection applies if the proposal receives either an unfavorable recommendation or no recommendation from the Commission: (1) At the first regular meeting of the Common Council after the proposal is certified, (or at any subsequent meeting within the ninety (90) day period), the Common Council may adopt, reject, or amend the proposal. (2) If the Common Council adopts (as certified) the proposal, it takes effect as other ordinances of the Common Council. (3) If the Common Council rejects the proposal,or fails to act on it within ninety (90) days after certification, it is defeated. (4) If the Common Council amends the proposal, it shall be returned to the Commission for its consideration, with a written statement of the reasons for the amendment. The Commission has forty-five (45) days in which to consider the amendment and report to the Common Council as follows: (a) If the Commission approves the amendment or fails to act within the forty- five (45) day period, the ordinance stands as passed by the Common Council as of the date of the filing of the Commission's report of approval with the Common Council or the end of the forty-five (45) day period. (b) If the Commission disapproves the amendment, the action of the Common Council on the original amendment stands only if confirmed by another vote of the Common Council within forty-five (45) days after the Commission certifies is disapproval. If the Common Council falls to confirm its action under this clause, the ordinance is defected as provided in subdivision (3). 3. This section applies to a proposal to change the Zone Maps incorporated by reference into the Zoning Ordinance. a. The Common Council shall vote on the proposal within ninety (90) days after the Commission certifies the proposal. b. This subsection applies if the proposal receives a favorable recommendation from the Commission: (1) At the first regular meeting of the Common Council after the proposal is certified, (or at any subsequent meeting within the ninety (90) day period), the Common Council may adopt or reject the proposal. (2) If the Common Council adopts (as certified) the proposal, it takes effect as other ordinances of the Common Council. (3) If the Common Council rejects the proposal, it is defeated. (4) If the Common Council fails to act on the proposal within ninety (90) days after certification it is defeated. 4. The Common Council may take action under Section 1,2 and 3 above only by a vote of at least a majority of all elected members of the body. 5. Each Zoning Ordinance, adopted by the Common Council of the City of Richmond, Indiana, under Sections 1,2 and 3 above amy be vetoed by the Mayor of the City of Richmond, Indiana. The Mayor must exercise the veto as follows: a. In a case in which the Common Council adopts (as certified) the proposal, the Mayor must exercise teh veto within ten (10) days after the Common Council acts; b. In a case in which the Common Council amends the proposal and the Commission approves the amendment or falls to act, the Mayor must exercise the veto within fifty-five (55) days after the proposal is returned to the Commission for its consideration; c. In a case in which the Common Council amends the proposal and confirms its original amendment by another vote, the Mayor must exercise the veto within ten (10) days after the Common Council confirms its original amendment; or, d. In a case in which the proposal is to take effect because of the Common Council's failure to act within a period of days, the Mayor must exercise the veto within ten (10) days after the expiration of that period. e. If a proposed zoning ordinance is not vetoed, it takes effect without any action being taken by the Mayor. f. If a proposed zoning ordinance is vetoed, it is defeated unless the Common Council, at its first regular or special meeting after receiveing the veto message, passes the ordinance over the veto by a two-thirds (2/3) vote of all the elected members of the body. SECTION 3. This ordinance shall be in full force and effect from and after its passage and approval as by law required. PASSED AND ADOPTED by the Common Council of the City of Richmond, Indiana this day of _ ,[i32 L , 1988. / ,f�r President f Common Council City Cie(* I PRESENTED by me to the Mayor of the City of Richmond, Indiana this day of ,1988. APPR VED by me, Frank H. Waltermann, Mayor of the City of Richmond, Indiana this � day of 1988. ATTEST: Mayor City �CI � ����