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Home My Public Portal About095-1984 - ORDINANCE AMENDING ARTICLES 13 14 40 41 52 AND 61 OF CHAPTER 154 OF THE MUNICIPAL CODEGENERAL ORDINANCE NO. 95-1984 AN ORDINANCE AMENDING ARTICLES 13, 14, 40, 41, 52 AND 61 OF CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, CO,01ONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA. WHEREAS, it is the intent of this Ordinance to amend Articles 13, 14, 40, 41, 52 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,f t;6 day of _�Ll�LLa , 1984, at which time remonstrances were heard f om all parties interested in or affected by this Ordinance; and, WHEREAS, the vote of the City Plan Commission was 9 to O in favor of/li r_ _____ recommending the passage of Ordinance No. 95-1984. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of Richmond, Indiana as follows: SECTION 1. That Article 13,78 shall be amended to read as follows: 13.78 STREET: A public right-of-way fifty (50) feet or more in width or any such right-of-way less than fifty (50) feet in width provided it existed prior to the adoption of this Ordinance which has been improved and accepted by the responsible local governmental unit for main- tenance and which provides a public means of access to abutting property. The term "street" shall include avenue, drive, circle, road, parkway, boulevard, high- way, thoroughfare, or any other similar.term. SECTION 2. That Article 13.107 shall be added as follows: 13.107 Advisory Board of Zoning Appeals STAFF: The Board's Staff shall be any member of the Department of Planning and Economic Development. SECTION 3. That Article 14.04 shall be amended to read as follows: 14.04 UNCERTAINTY AS TO BOUNDARIES - INTERPRETATION: All questions concerning the exact location of district boundary lines shall be determined by the Zoning In- spector. Any person aggrieved by such decision of the Zoning Inspector may appeal such decision to the Board of Zoning Appeals pursuant to Article 61 hereof. SECTION 4. That Article 40.021 shall be amended to read as follows: 40.021 Review of Application for Building ermit or Certifi- cate of Occupancy: Applications for building permits or zoning certificates, together with plans and speci- fications for the manufacture or processing of materials listed in Section 40.0211, and of such other uses which may be of similar character, in the opinion of the Zoning Inspector, shall -be subject to performance standard re- view. In cases where indicated, the Zoning Inspector shall require such plans and specifications to be examined by a competent specialist or testing laboratory for the purpose of determining the nature and extent of any.. dangerous or objectionable elements and of practicable means of remedying such condition, The cost of such examination shall be as prescribed in Section 40.023. SECTION 5. That Article 41,06 shall be deleted in its entirety. GENERAL ORDINANCE NO. 95-1984 Page 2 SECTION 6. That Article 52.03 shall be amended to read as follows: 52.03 REAR AND SIDE YARDS REDUCED: Depth of a rear yard or width of each side yard for a one -family or two-family dwelling may be reduced by four (4) inches and two (2) inches respec- tively, for each foot by which a lot at the time of enactment of this Ordinance is less than one hundred (100) feet deep or less than fifty (50) feet wide; provided, however, that no such side yard shall be less at any point than three (3) feet, or, in the case of such side yard along a side street lot line, less than five (5) feet; and further provided that no such rear yard shall be less than ten (10) feet. SECTION 7. That Article 61.07(4)(c) shall be amended to read as follows: 61.07(4)(c). The strict application of the terms of the Zoning Ordinance will result in unnecessary hardship in the use of the property. In making its determination as to whether there is unnecessary hard- ship, the Advisory Board of Zoning Appeals shall take into considera- tion the extent to which the following conditions have been established by the evidence: (i) That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district and which do not result from the actions of the owner. (ii) That granting the variance requested will not confer on the owner any special privilege that is denied by this Ordinance to other lands, structures or building in the same zoning district. SECTION 8. 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 ya day of ��y„ /J , 1984. // P es 0 —en t of o m ncil ATTEST: qifyL A�1/ai�?/16/ie�/ City C erk PRESENTED by me to the Mayor of the City of Richmond, Indiana, this day of 64 1984. APPROVED by me, Frank H. Waltermann, Mayor of the City of Richmond, Indiana, this day of %CitJ 1984. ayor ATTEST-�!2� City COMMON COUNCIL VOTING RECORD ORDINANCE; WiLLIAMS OUKDANK HANYINSON WHITESELL PARKER BODIKER LEMOINE MORRIS ELSTRO DATE: k1.7 0 /S- V Susp rules, Ist read. on I y a,6L ...... ......... ........ ......... .... ...... ............. . .. .......... 3econded jProof of Publication .... .......... I ......... Seconded ,Move to 2nd read. .. .. .. .... ....................... ....... .............................. Seconded ........ angrossment .. 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Seconded ........ ...... ... ... ... . .............. . .... . ...... 50 North Fifth Street RICHMOND, INDIANA 47374 August 30, 1984 Mr. Howard J. Elstro, President Members of Common Council and Mrs. Mary Merchanthouse, City Clerk Municipal Building Richmond, Indiana 47374 Re: Ordinance No. 95-1984 Plan Commission Case PC-84-16- Dear Mr. Elstro, Members of Common Council and Mrs. Merchanthouse: The Richmond City Plan Commission conducted a public hearing on Tuesday', August 28, 1984, on its own initiative to, consider an amendment to the Zon- ing Ordinance, being Chapter 154 of the Municipal Code. The proposed amendment would update the Zoning Ordinance and -bring it into conformance with State Law and Ordinance No. 74-1984. As you may recall, Ordinance No. 74-1984 amended Article 61 of the Zoning Ordinance which describes the functioning of the Board of Zoning Appeals. This change was necessary as a result of changes in the State law. The major significance of Ordinance No. 95-1984 is to revise the language of several Articles in the Zoning Ordinance which relate to the BZA, and Arti- cle 61 as it was formerly written. During the public hearing no one spoke in opposition to the proposed amend- ment. The Plan Commission voted nine (9) to zero (0) to recommend that Ordi- nance No. 95-1984 be adopted. Respectfully submitted, CITY PLAN COMMISSION Daniel S. Dooley Executive Secretary /v1