HomeMy Public PortalAbout067-2003 - General Ordinance - Adds Section 154.52.04 to the Richmond CodeCity of Richmond, Indiana
50 North Fifth Street
Richmond, IN 47374
Direct 765.983..7343 Fax 765.962.7024
szimmerman@ci.richmond.in.us
Memo
To: Richmond City Council
From: Scott Zimmerman, City Planner
CC: Mayor Hutton, Tony Foster
Date: August 16, 2006
Re: Infill Housing Ordinance 67-2003
In 2003, Council approved an ordinance that allows property owners
to build new homes on lots where homes had once existed even
though they do not meet current setback requirements. Various
stipulations were included to insure that new structures were not
significantly different from existing ones but did not control building
materials and exterior design. For example, a two story structure
would not be approved in a neighborhood of one story structures. If
need be, the property owner could still appeal to the Board of Zoning
Approvals. The ordinance was formerly managed by the
Department of Planning, Permits & Inspections and is now managed
by the Department of Metropolitan Development.
Only a few developers/builders have expressed an interest in the
opportunity to build on vacant lots. Habitat for Humanity recently
submitted an application for the lot at 211 North 13th Street which
meets the ordinance requirements. I have notified the Permits &
Inspections Office that Habitat may receive a building permit based
on the plan they submitted. If you have any questions about the plan
that was approved, please feel free to contact me at 983-7343.
ORDINANCE NO. 67-2003
A GENERAL ORDINANCE ADDING A NEW SECTION
154.52.04 TO THE CITY OF RICHMOND CODE
WHEREAS, Chapter 154 of Richmond Code regulates zoning within the City of'
Richmond; and
WHEREAS, such chapter establishes minimum requirements for lot size, front yard depth,
front yard width, rear yard depth, rear yard width and side yard width
(sometimes commonly referred to as "set back"); and
WHEREAS, it is desirable to promote new residential construction on lots that contain
deteriorating or unsafe structures and lots that no longer contain residential
structures; and
WHEREAS, the current setback requirements make the construction of new residential
property on many lots that contain deteriorating structures and on lots that no
longer contain residential structures, burdensome; and
WHEREAS, in order to encourage the development of new residential property on lots
that contain deteriorating structures or that no longer contain residential
structures, the construction of new dwellings on such lots should be
permitted regardless of the current set back requirements, subject to certain
specified conditions;
NOW. THEREFORE, BE IT ORDAINED by the Common Council of the City of
Richmond, Indiana that a new Section 154.52.04 is hereby added to Richmond Code to read
as lollows:
152.52.04 Modifications due to the removal of a dwelling within the last thirty (30)
years
(a) Notwithstanding any contrary provision or requirement contained in
this Code dealing with lot size, front yard depth, front yard width,
rear yard depth, rear yard width or side yard width, including, but not
limited to, the requirements mandated by Sections 154.20.03.
154.21.04, 154.22.04, 154,23.04 and 154.52, et. sect_, a person may
construct a new residential dwelling on any lot carrying a residential
(R) zoning designation, if such person can demonstrate the following:
(1) Within thirty (30) years preceding the date such person
applies for an Improvement Location Permit, the lot
contained a dwelling and such lot, at one time, conformed
with any then existing zoning requirements at the time the
dwelling was constructed; and
(2) The dwelling that once existed on the lot has been completcly
removed;
(3) The construction ofthe new residential dwelling will not
present a danger to persons or property because of its reduced
lot size, front yard width, front _yard depth or side yard width:
and
(4) A new dwelling could not lawfully be constructed on the lot
solely because of the minimum requirements (based upon the
current zoning designation of the lot) for lot size, front yard
depth, front yard width, rear yard depth, rear yard width or
side yard width; and
(5) The height of the proposed dwelling will not vary more than
twenty percent (20"/0) from the average height of other
existing dwellings located on the same block as the proposed
dwelling.
(6) The orientation of the proposed ofthe front view to the street
of the proposed dwelling shall be consistent with the
orientation of the front view to the street ofthe existing
dwellings within one hundred feet and on the same block as
the proposed dwelling.
(7) The proportion ofthe front elevation (ratio ofthe height to
width), foundation height and roof configuration ofthe
proposed dwelling shall be consistent with proportion of front
elevation, foundation height and roof configuration on other
existing dwellings located on the same block as the proposed
dwelling.
(b) A new dwelling, permitted by this section, may not be constructed In
such a manner as to reduce the lot size, front yard depth, front yard
width, rear yard depth, rear yard width or side yard width ofthe lot
below the same measurements of the lot when the previous dwelling
was standing.
(c) Persons constructing new dwellings pursuant to this section must
comply with all other applicable laws and regulations, inclu(ing, but
not limited to, any other applicable State or Federal building code,
Chapter 150, Chapter 151, Chapter 153, Chapter 154 and Chapter
158.
(d) For purposes of this Seetlon only, the fallowing terms are hereby
defined:
( I ) the "front" of a dwelling shall be the side of such dwelling that is
used for purposes of assigning a street address to the lot
containing a dwelling.
WPOV Ill by me, Shelley D. Miller, Mayor of -the City of Richmond, Indiana, this
day od'
1, 1 -', (` , , 2003. at 9:05 a.m.
4k, 1\layor
(Shelle Miller)
A I IFS I : !��.�� _i': _'� City Clerk -
(Norma Schroeder)
(2) the term "front elevation" shall he determined by measuring the
height of surface of the front side of the dwelling From the
foundation to the roof line.
(3) the term "orientation" describes the manner in which the front
elevation of a dwelling faces the street.
Passcd and adopted this ,x day of.� ,_ �_ 2003, by the Common Council of the
t it. ol' Richmond, Indiana.
A 1 I flSiv: _t. .cam- �.. �City Clerk
(Norma Schroeder)
President
(Bing Welch)
8
PRI,hN1'k:D to the Mayor of the C dity of Richmond, Indiana, this day ol-
s 2003. at 9:00 a.m.
i
1•:
City Clerk
(Norma Schroeder)
t