Loading...
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