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HomeMy Public PortalAbout074- - ORDINANCE AMENDING ATRICLES 13 15 AND 61 OF CHAPTER 154 OF THE MUNICIPAL CODEGENERAL ORDINANCE NO. 74-1984 AN ORDINANCE AMENDING ARTICLES 13, 15 AND 61 OF CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA. WHEREAS, it is the intent of this Ordinance to amend Articles 13, 15 and 61 of Chapter 154 of the Municipal Code; and, WHEREAS, a study of this Ordinance was conducted by the Richmond City Plan Commission the A� o day of Q���% 1984, at which time remonstrances were heard fro all fparties 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. 74-1984. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of Richmond, Indiana as follows: SECTION 1. That Article 13.11 shall be amended to read as follows: 13.11 BOARD: The Advisory Board of Zoning Appeals of the City of Richmond, Indiana. SECTION 2. That Article 13.82 shall be amended to read as follows: 13.82 VARIANCE: A modification of the requirements of this Ordi- nance, not contrary to the public interest, granted by the Board in specific cases when warranted, in order to alle- viate unnecessary and undue hardship which may otherwise ensue through strict application of the provisions of this Ordinance owing to exceptional narrowness, shallowness or shape of a lot, to difficult topography or other peculiar physical conditions of a lot, or to the nature of existing uses or structures on adjoining lots - and so that the spirit of this Ordinance shall be observed and substantial justice done. SECTION 3. That Article 15.19 shall be added to Article 15 and read as follows: 15.19 SUBDIVISION OF LAND: The subdivision of land may occur in all Zoning Districts as established herein, subject to the requirements and standards of the Subdivision Control Ordi- nance of the City of Richmond, Indiana. SECTION 4. That Article 61 shall be amended in its entirety and shall read amended as follows: GENERAL ORDINANCE NO. 74-1984 Page 2 ARTICLE 61 ADVISORY BOARD OF ZONING APPEALS 61.00 ESTABLISHMENT: The Advisory Board of Zoning Appeals of Richmond is here- by established in accordance with T.C. 36-7-4-900 et.seq and all subse- quent amendments thereto. 61.01 JURISDICTION COMPOSITION AND APPOINTMENT: The Advisory Board of Zoning Appeals of Richmond shall have full jurisdiction over all the land sub- ject to the Zoning Ordinance of the City of Richmond, Indiana and full jurisdiction of the subject matter provided for in the Zoning Ordinance. The Board shall be composed of five (5) members who shall be appointed in the following manner: Three (3) citizen members appointed by the Mayor of the City of Richmond, of whom one (1) must be a member of the Richmond City Plan Commission and two (2) must not be members of the Plan Commission. One (1) citizen member appointed by the Common Council of the City of Richmond, and who must not be a member of the Richmond City Plan Commis- sion. One (1) citizen member appointed by the Richmond City Plan Commission who must be a member of the Plan Commission other than the member appointed by the Mayor. All Board members shall be residents of the jurisdictional area of the Board, none of whom may hold other elective or appointive office, ex- cept that two (2) of the five (5) shall be appointed from the member- ship of the Richmond City Plan Commission. If the Richmond City Plan Commission exercises jurisdiction outside the unincorporated area of the City, the Richmond City Plan Commission shall designate,. as its appointment to the Board one (1) of the two (2) mem- bers appointed to the Plan Commission to represent the unincorporated area. This citizen member of the Board must reside in the unincorporated area and shall be appointed for a term of four (4) years. Upon the establishment of the Advisory Board of Zoning Appeals, the mem- bers shall initially be appointed for the following terms of office: 1. The Common Council shall appoint one (1) member for the initial term of one (1) year. 2. The Mayor shall appoint one (1) member from the Plan Commission for the initial term of two (2) years. 3. The Mayor shall appoint one (1) member for the initial term of three (3) years. GENERAL ORDINANCE NO. 74-1984 Page 3 4. The Mayor shall appoint one (1) member for the initial term of four (4) years. 5. The Richmond City Plan Commission shall appoint from its mem- bership one (1) member for the initial term of four (4) years. Each term expires on the first Monday of January of the first, second, third or fourth year, respectively, after the year of the member's appointment. When an initial term of office expires, each new appoint- ment is for a term of four (4) years. The appointing authority may remove a member from the Board for cause. The appointing authority must mail notice of the removal, along with written reasons for the removal to the member at his residence address. A m ember who is removed may, within thirty (30) days after receiving notice of the removal, appeal the removal to the Circuit Superior Court of Wayne County. If a vacancy occurs among the members of the Board, the appointing authority shall appoint a member for the unexpired term of the vaca- ting member. In addition, the appointing authority may appoint an alternate member to participate with the Board in any hearing or de- cision in which the regular member it has appointed has a disquali- fication as described below. A member of the Advisory Board of Zoning Appeals may not participate in a hearing or decision of that Board concerning a zoning matter in which he has a direct or indirect financial interest. The Board shall enter in its records: 1. The fact that a regular member has such a disqualification; and, 2. The name of the alternate member, if any, who participates in the hearing or decision in place of the regular member. 61.02 ORGANIZATION: At the first meeting of each year, the Board shall elect a Chairman and a Vice Chairman from among its members, and it may appoint and fix the compensation of a secretary and such staff as are necessary for the discharge of its duties. The Vice Chairman may act as Chairman during the absence or disability of the Chairman. 61.03 RULES OF PROCEDURE: The Advisory Board of Zoning Appeals shall adopt rules, which may not conflict with provisions of the Zoning Ordinance concerning the following: 1. The filing of appeals; 2. The application for variances, special exceptions, contingent uses, and conditional uses; 3. The giving of notice; 4. The conduct of hearings; and, 5. The determination of whether a variance application is for a variance of use or for a variance from the development stand- ards (such as height, or area). GENERAL ORDINANCE NO. 74-1984 Page 4 61.04 MEETINGS AND RECORDS: Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may deter- mine and all meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings and record the vote on all,actions taken. All minutes and records shall be filed in the office of the Board and are public records. The Board shall, in all cases heard by it make written findings of fact. 61.05 QUORUM AND OFFICIAL ACTION: A quorum consists of a majority of the entire membership of the Advisory Board of Zoning Appeals. Action of the Board is not official unless it is authorized by a majority of the entire membership of the Board. 61.06 61.07 FACILITIES: The Plan Commission shall provide for suitable facilities for the holding of Board hearings and for the preserving of records, documents and accounts. POWERS AND DUTIES: The Board shall have the following powers and it shall be its duty to: 1. Hear and determine appeals from and review any order, require- ment, decision, or determination made by an Administrative official, hearing officer, Staff member or Administrative Board designated by Ordinance (other than the Plan Commission), made in relation to the enforcement of the Zoning Ordinance or Sub- division Ordinance. An appeal filed with the Advisory Board of Zoning Appeals must specify the grounds of the appeal and must be filed within twenty (20) days of the date of the decision. The Administra- tive official, hearing officer, Staff member or Administrative Board from whom the appeal is;taken shall, on the request of the Advisory Board of Zoning Appeals, transmit to it all docu- ments, plans, and papers constituting the record of the action from which an appeal was taken. Certified copies of the documents, plans, and papers consti- tuting the record may be transmitted for the purposes above. Upon appeal, the Board may reverse, affirm, or modify the order, requirement, decision, or determination appealed from. For this purpose, the Board has all the powers of the official, officer, board, or body from which the appeal is taken. 2. Hear and approve or deny all special exceptions, contingent uses and conditional uses from the terms of the Zoning Ordi- nance, The Board may impose reasonable conditions as part of its approval GENERAL ORDINANCE NO. 74-1984 Page 5 3. Hear and approve or deny variances of use from the terms of the Zoning Ordinance. The Board may impose reasonable con- ditions as a part of its approval. A variance may be approved only upon a determination in writing that: a. The approval will not be injurious to the public health, safety, morals, and general welfare of the community; b. The use and value of the area adjacent to the property included in the variance will not be affected in a sub- stantially adverse manner; C. The need for the variance arises from some condition peculiar to the property involved; d. The strict application of the terms of the Zoning Ordi- nance will constitute an unnecessary hardship if applied to the property for which the variance is sought; and, e. The approval does not interfere substantially with the Comprehensive Plan. 4. Hear and approve or deny variances from the development stan- dards of the Zoning Ordinance. A variance may be approved by the Board only upon a determination in writing that: a. The approval will not be injurious to the public health, safety, morals and general welfare of the community; and, b. The use and value of the area adjacent to the property in- cluded in the variance will not be affected in a substan- tially adverse manner; and, C. The strict application of the terms of the Zoning Ordinance will result in practical difficultiesor in unnecessary hardship in the use of the property. 61.08 PUBLIC HEARINGS: The Advisory Board of Zoning Appeals shall fix a reasonable time for the hearing of administrative appeals, excep- tions, uses and variances. Public notice in accordance with I.C. 5-3-1-2 and T.C. 5-3-1-4 and due notice to interested parties shall be given at least ten (10) days before the date set for the hearing. The party taking the appeal, or applying for the exception, use, or variance, may be required to assume the cost of public notice and due notice to interested parties. At the hearing, each party may appear in person, by agent, or by attorney. The Board shall, by rule, determine who are interested parties, how notice is to be given to them, and who is required to give that notice. GENERAL ORDINANCE NO. 74-1984 Page 6 The Staff may appear before the Board at the hearing and present evidence in support of or in opposition to the granting of a variance or the determinatiin of any other matter. Other persons may appear and present relevant evidence. A person may not communicate with any member of the Board before the hearing with intent to influence the member's action on a matter pending before the Board. Not less than five (5) days before the hearing, however, the Staff may file with the Board a written statement setting forth any facts or opinions relating to the matter. The Board may require any party adverse to any pending petition to enter a written appearance specifying the party's name and address. If the written appearance is entered more than four (4) days before the hearing, the Board may also require the peti- tioner to furnish each adverse party with a copy of the petition and a plot plan of the property involved. The Board shall make a decision on any matter it is required to hear either at the meeting at which that matter is first presented; or, at the con clusion of the hearing on that matter, if it is con- tinued; within five (5) days after making any decision, the Board shall file in the office of the Board a copy of its decision. 61.09 COMMITMENTS: In the case of a petition for a special exception, contingent use, conditional use or variance from the terms of the Zoning Ordinance, the Advisory Board of Zoning Appeals may permit or require the owner of a parcel of property to make a written commitment concerning the use or development of that.parcel. The Board may adopt rules governing the creation, form, recording, modification, enforcement, and termination of commitments. The Board may adopt rules designating which specially affected persons and classes of specially affected persons are entitled to enforce commitments. Commitments shall be recorded in the office of the County Recorder and take effect upon the granting of the exception, use, or variance. Unless modified or terminated by the Board, a commitment is binding on the owner of the parcel, each subsequent owner, and each other person acquiring an interest in the parcel. A commitment is bind- ing on the owner of the parcel even if it is unrecorded; however, an unrecorded commitment is binding on a subsequent owner or other person acquiring an interest in the parcel only if that subsequent owner or other person has actual notice of the commitment. A commitment may be modified or terminated only by a decision of the Board made at a public hearing after notice as provided by rule. GENERAL ORDINANCE NO. 74-1984 Page 7 By permitting or requiring commitments, the Board does not obligate itself to approve or deny any request. Conditions imposed on the granting of an exception, use or vari- ance are not subject to the rules applicable to commitments. This section does not affect the validity of any covenant ease- ment, equitable servitude, or other land use restriction created in accordance with the law. 61.10 STAY OF PROCEEDINGS AND WORK: When an appeal from the decision of an official or board has been filed with the Advisory Board of Zoning Appeals, proceedings and work on the premises affected shall be stayed unless the official or board -certifies to the Board that, by reason of the facts stated in the certificate, a stay would cause imminent peril to life or property. In that case, proceedings or work may not be stayed except by a restrain- ing order. After the owner of, or a person in charge of the work on, the premises affected has received notice that an appeal has been filed with the Board, the official charged with the enforce- ment of the ordinance, may order the work stayed and call on the police power of the City to give effect to that order. 61.11 REVIEW BY CERTIORARI: Each decision of the Advisory Board of Zoning Appeals is subject to review by certiorari. Each person aggrieved by a decision of the Board may present, to the Wayne County Circuit or Superior Court, a verified petition setting forth that the decision is illegal in whole or in part and specifying the grounds of the illegality. The person shall present the petition to the Court within thirty (30) days after the date of that decision of the Board. GENERAL ORDINANCE NO. 74-1984 Page 8 SECTION 5. 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 a day of , 1984. P esident of Common ouncil ATTEST: City (Aerk PRESENTED by me to the Mayor of the City of Richmond, Indiana, this day of 1984. APPROVED by me, Frank E. Waltermann, Mayor of the City of Richmond, Indiana, this day of �ra�.ea 1984. 0 4._ Mayor - ATTEST: z City Cderk