HomeMy Public PortalAbout031-1982 - Amending Articles 13 and 48 of Chapter 154 - Classification designated as Special Use DistrictGENERAL ORDINANCE NO. 31 -1982
AN ORDINANCE ATTENDING ARTICLES 13 AND 48 OF 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 CREATION OF A ZONING CLASSIFICA-
TION TO BE DESIGNATED AS THE SPECIAL USE DISTRICT.
WHEREAS, it is the intent of this Ordinance to amend Articles
13 and 48 of Chanter 154 of the Municinal Code to
provide for the creation of a zoning classification
to be known as the Special Use District; and,
WHEREAS, a study of this Ordinance was conducted by the Rich-
mond City Plan Commission the 27th day of July
1982, 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 six (6) to
zero (0) in favor oftAxK as recommending the
passage of Ordinance No. 31-1982
NOW THEREFORE BE IT ORDAINED by the Common Council of the City
of Richmond, Indiana as follows:
SECTION 1. That Article 13 of Chanter 154 of the Municipal Code
shall be amended by deleting Article 13.20 in its
entirety and succeeding Articles shall be renumbered
beginning with 13.20 so as to maintain the proper
numerical sequence.
SECTION 2. That Article 48 of Chapter 154 of the Municipal Code
shall be amended as follows:
ARTICLE 48
SU SPECIAL USE DISTRICT
48.00 INTENT: The development and implementation of
this Ordinance is based upon the division of
the City into districts, within which districts
the height, area, bulk, use and location of
buildings, and use of land is substantially
uniform. It is recognized, however, that
there are special uses which, because of their
unique characteristics, cannot always be prop-
erly classified in districts, without considera-
tion, in each case, of the impact of those uses
upon the use and value of adjacent properties.
Special uses are primarily of a public service
nature traditionally affected with a public
interest, or of a private nature with distinct
characteristics. Therefore, it is deemed
necessary to provide for special uses which
cannot be adjusted to their appropriate environ-
ments by other means with a reasonable degree of
mutual protection.
48.01 ESTABLISHMENT: The Special Use District is hereby
established as a zoning classification. The
Special Use District shall not stand by itself
but shall be combined with an existing zoning
district. The Special UsEs that may be allowed
within the Special Use District are specifically
enumerated in each zoning district classifica-
tion. The Special Use established by Common
Council within the Special Use District shall
be limited to that specific Special Use so
established and shall not be altered, converted,
modified or substituted in any way without an
ORDINANCE NO. 31 -1982
Page 2
amendment to said Special Use being granted
in accordance with Article 62. Land hereafter
zoned to such Special Use District shall be
designated on the Official Zoning Map by the
symbol "SU", succeeding the applicable sym-
bol of the existing zoning classification.
48.02 PROCEDURE: An application for special use
shall be accompanied by a site plan showing
the proposed use of land, the arrangement of
all buildings and structures, the location
of streets and driveways, parking and load-
ing areas, utility lines, sewerage and water
facilities, drainage, buffer landscaping and
other pertinent features.
For each application for a special use, the
Commission shall report to the Common Council
its findings and recommendations, in the same
manner as for amendments to this ordinance in
accordance with Article 62, including the
stipulation of such conditions and guarantees
as are deemed necessary .for the protection of
the public interest.
48.03 STANDARDS: The following standards shall be used
as guidelines by the Commission in acting upon
Special Use applications:
1. that the establishment, maintenance, or
operation of the special use will not be
detrimental to or endanger the public
health, safety, morals, convenience, or
general welfare.
2. that the special use will not be injurious
to the use and enjoyment of other property
in the immediate vicinity for the purposes
already permitted, nor substantially di-
minish and impair property values within
the neighborhood.
3. that the establishment of the special use
will not impede the normal and orderly de-
velopment and improvement of the surrounding
property for uses permitted in the district.
4. that adequate utilities, access roads, drain-
age, buffering and other necessary facilities
will be provided.
5. that adequate measures will be taken to pro-
vide ingress and egress so designed as to
minimize traffic congestion in the public
streets.
6. that the special use shall, in all other
respects, conform to the applicable regula-
tions of the district in which it is located,
except as such regulations may, in each in-
stance, be modified by the terms of this
Article. In case of conflict with other
regulations and requirements of this ordi-
nance, the higher or most restrictive re-
quirement shall govern.
ORDINANCE NO. 31 -1982
Page 3
48.04 CONDITIONS: Prior to the granting of any
special uses, the Commission may recommend
and the Common Council may stipulate, such
conditions and restrictions upon the estab-
lishment, location, construction, maintenance,
and operation of the special uses as is
deemed necessary for the protection of the
public interest and to secure compliance
with standards and requirements. In all
cases in which special uses are granted,
the Common Council may require such evidence
and guarantees as it deems necessary as
assurance that the conditions stipulated in
connection therewith will be complied with.
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 _ 1982.
President oCommon Counci
.
ATTEST:
O y er
PRESENTED by me, JoEllen Trimble, City Clerk, to the Mayor of
the Cit 'lof Richmond, Indiana this .:; -t day of
1982.
City Clerk
APPROVED by me, Clifford J. Dickman,_ Mayor of the C''y of
Richmond, Indiana, this �' day of CC ram,
1982.
r
ickman, Mayor
ATTEST:
Cite Clerk