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 � ����