HomeMy Public PortalAbout028-1986 - STRICKEN - REZONING - 30 SOUTH 22ND STREETGENERAL ORDINANCE NO. 28-1986
AN ORDINANCE AMENDING CHAPTER 154 OF THE MUNICIPAL CODE, BEING
ORDINANCE NO. 2325-1968, COMMONLY KNOWN AS THE ZONING ORDINANCE
OF THE CITY OF RICHMOND, INDIANA, PROVIDING FOR THE REZONING OF
PROPERTY LOCATED AT 30 SOUTH 22ND STREET FROM R-3 ONE -TO -EIGHT
FAMILY RESIDENCE DISTRICT TO R-3 ONE -TO -EIGHT FAMILY RESIDENCE
SPECIAL USE DISTRICT, AND AUTHORIZING THE SPECIAL USE OF SAID
PROPERTY AS A ROOMING HOUSE TO BE USED AS A RESIDENTIAL GROUP
HOME.
WHEREAS, the Zoning Map which is a part of Ordinance No.
2325-1968 designates and describes as R-3 One -To -Eight
Family Residence District on property located at 30
South 22nd Street.
WHEREAS, it is the intent and purpose hereof to change the
zoning classification of said property from R-3
One -to -Eight Family Residence District to R-3 SU
One -to -Eight Family Residence Special Use District,
and to authorize the Special Use of said property as a
Rooming House to be used as a Residential Group Home;
and,
WHEREAS, a study of this Ordinance was conducted by the
Richmond City Plan Commission the day of
, 1986, at which time remonstrances
were heard from all parties interested in or affected
by this Ordinance; and,
WHEREAS, the vote of the Richmond City Plan Commission was
to in favor of/in opposition to recommending
the passage of Ordinance No. 28-1986.
NOW THEREFORE BE IT ORDAINED by the Common Council of the City
of Richmond, Indiana as follows:
SECTION 1. That the zoning classification of the property
described below, and the same is hereby changed to R-3
SU One -To -Eight Family Residence Special Use District,
and that said property be regulated in accordance with
the Zoning Ordinance of the City of Richmond, Indiana
and all amendments thereto.
The following described real estate situated in the
City of Richmond, Indiana, to wit:
Lot 13 Nathan Druley Addition and also a part of
Official Map 527.
SECTION 2. That as provided in Articles 22 and 48 of Chapter
154 of the Municipal Code, the following described use
of the above described real estate is allowed as a
Special Use Rooming House to be used as a Residential
Group Home.
SECTION 3. As a condition of being granted the Special Use and
as an additional restriction on said use, the
following requirements shall hereafter and at all
times be met by the owner of said real estate.
a. The site plan and narrative regarding the design
and characteristics of the Special Use Rooming
Home shall be marked Exhibit "A" and be made a
part of this Ordinance.
SECTION 4. This Ordinance shall be in full force and effect
from and after its passage and approval as by law
required.
General Ord. No. 28-1986
Page 2
PASSED AND ADOPTED by the Common Council of the City of Richmond
Indiana, this day of , 19_
President of Common Council
ATTEST:
City Clerk
PRESENTED by me to the Mayor of the City of Richmond, Indiana,
this day of , 19
City Clerk
APPROVED by me, Frank H. Waltermann, Mayor of the City of
Richmond, Indiana, this day of
19
Mayor
ATTEST:
City Clerk
CITY PLAN COMMISSION
RICHMOND, INDIANA
April 30, 1986
Mr. Richard Bodiker, President
Members of Common Council and
Mrs. Mary Merchanthouse, City Clerk
Municipal Building
Richmond, Indiana 47374
Re: Ordinance No. 28-1986
Plan Commission Case PC-86-4
Dear Mr. Bodiker, Members of Common Council and
Mrs. Merchanthouse:
The Richmond City Plan Commission accepted a petition and
placed on its Agenda a Special Use zoning request seeking
authorization to establish a residential group home for
developmentally disabled adults at 30 South 22nd Street.
Subsequently, the Planning Department learned that Indiana
law, I.C. 16-13-21, preempts a local jurisdiction's
authority to exclude a group home for the developmentally
disabled in a residential area through the Zoning Ordinance.
This being the case, the proposed group home at 30 South
22nd Street must be regarded as a permitted use and not
a Special Use.
The Plan Commission voted nine (9) to zero (0) to dismiss
the Special Use petition and recommend to Common Council
that Ordinance No. 28-1986 be stricken.
Respectfully submitted,
CITY PLAN COMMISSION
I C-�k s t"-�
Daniel S. Dooley
Executive Secretary
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