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HomeMy Public PortalAbout059-1981 - Zoning - C-1 Neighborhood Business to C-1 Limited CommercialGENERAL ORDINANCE NO. 59-1981 AN ORDINANCE AMENDING ARTICLE 30, THE C-1 NEIGHBORHOOD BUSINESS DISTRICT AND ARTICLE 31, THE COMMUNITY BUSINESS DISTRICT, A PART OF CHAPTER 154 OF THE MUNICIPAL CODE, BEING ORDINANCE NO. 2325-1968, COMMONLY MOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA, ADOPTED JUKE 3, 1968. WHEREAS, it is the intent and purpose hereof to amend Articles 30 and 31 of Chapter 154 of the Municipal Code, commonly known as the Zoning Ordinance of the City of Richmond, Indiana; and, WHEREAS, a study of this Ordinance was conducted by the Richmond City Plan Commission the 28th day of July, 1981 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 six (6) to one (1) in favor of recommending the passage of Ordinance No. 59-1981. Na7 THEREFORE BE IT ORDAINED by the Common Council of the City of Rich- mond, Indiana, as follows: SECTION 1. That Article 30, formerly the C-1 Neighborhood Business District, shall hereinafter be designated as the C-1 Limited Commercial District and shall read amended as follows: ARTICLE 30 C-1 LIMITED COVMERCIAL DISTRICT 30.00 PRINCIPAL PERMITTED USES: No building, structure or land shall be erected, altered, enlarged or used which is arranged or de- signed for other than one of the following uses, except as pro- vided herein and in Article 16. 30.001 General: Any use permitted and as regulated in the R-4 District except as herein modified. 30.002 Intent: The C-1 District is intended to provide for a wide range of commercial uses and services which, because of their particular nature, can locate adjacent to a residential district without detracting from the quality of life and the property values of the residential area, and provide for a complimentary mix of service and retail uses calculated to encourage vitality within the commercial district. 30.003 Retail, wholesale and service uses as follows: These uses shall not be substituted one for the other without first obtaining a Certificate of Occupancy after meeting all minimun ordinance standards. (1) Antique shop. (2) Art and school supply store. (3) Art gallery. (4) Art needlework and hand weaving. (5) Barber shop. (6) Beauty shop. (7) Bicycle shops, including rental and repair. (8) Blueprinting and photostating establishments. (9) Book and stationery store. (10) Camera and photographic supply store. (11) Carpet, rug and linoleum store. (12) Catering establishment. (13) China and glassware shop. (14) Clothing and costume rental store. (15) Coin and philatelic store. ORDINANCE NO. 59-1981 Page 2 (16) Custom dressmaking and millinery store. (17) Denture processing establishments. (18) Drug store. (19) Dry cleaning pick up and/or laundry pick up station. (20) Electrical appliance sales and showroom not including an electrical contractor's shop. (21) Employment agency. (22) Fabric and yarn shop. (23) Florist shop and greenhouse. (24) Food store, including grocery store, meat market, bakery, candy and ice cream store, delicatessen and frozen food store, including locker rental therewith. (25) Funeral home. (26) Garden shop and seed store. (27) Furniture store. (28) Furrier shop, including incidental storage and condition- ing of furs. (29) Gift shop. (30) Haberdashery. (31) Hardware store. (32) Hobby shop. (33) Interior decorating shop, including upholstering, making of draperies, slip covers and similar articles. (34) Jewelry store. (35) Laboratories, medical, dental, research, experimental, and testing, provided there is no danger from fire or explosion nor of offensive noise, vibration, smoke, dust, odors, heat, glare or other objectionable influences. (36) laundry and dry cleaning establishments using only coin operated machines. These machines are to be used by the customer or a single employee. The dry cleaning machines are to be use only non-flammable, non -explosive solvents and is limited to a steam generator with a maximum of two (2) horsepower capacity. No boiler of any type is per- mitted and no dry cleaning establishment as described above is to be located in the same building with a residential use. (37) Leather goods and luggage store. (38) Loan office. (39) Locksmith shop. (40) Medical and/or dental clinics. (41) Medical or dental office. (42) Musical instrument store including repair. (43) Office supply store. (44) Office: business and/or professional office; office building. (45) Optical lens processing establishments. (46) Optician shop. (47) Paint and wallpaper store. (48) Pet store, not including boarding or kernel operation. (49) Photograph developing and processing shop. (50) Physical culture and health services. (51) Picture framing establishment, not including the manu- facturing of individual frame parts. (52) Plumbing showroom, not including a contractor's shop. (53) Printing establishments for letter press, business cards, mimeographing and similar customer services. (54) Radio and television service and repair shop. (55) Restaurant, hotel and/or bar fixture store. (56) School, including music, dance or business. (57) Sewing machine store, household machines only. (58) Shoe and hat repair store. (59) Sporting goods store. (60) Tailor shop. (61) Taxidermist shop. (62) Telegraph office. (63) Telephone instrument sales store. (64) Tobacco shop. (65) Toy shop. (66) Travel bureau and transportation ticket office. (67) Wearing apparel shop. (68) Variety store. ORDINANCE NO. 59-1981 Page 3 30.004 Bank: including drive-in banks, savings and loan associations. 30.005 Parking Facility: Public parking areas subject to the pro- visions ot Article 41 and 44. 30.01 SPECIAL USES: The following uses may be allowed as special uses y ordinance of the Common Council of the City of Richmond in accordance with the provisions of Article 48 hereof. 30.011 General: Any use which may be allowed as a special use in the R-4 District except as modified herein. 30.012 Eating and Drinking Place. Restaurants and cafeteria when the food is prepared and intended to be consumed by seated patrons within the principal structure and not including entertainment or dancing or the serving of alcoholic beverages except beer and wine when consumed in conjunction with a meal. 30.013 Motor Vehicle Service: Motor vehicle service station subject to e provisions of Article 44. 30.014 Retail. and Service: Any retail business or service establish- ment not a principal permitted use which is determined by the Commission to be of the same general character as one of the principal permitted uses, but not including those uses which are first permitted in the C-2 District, unless demonstrated as necessary for normal day-to-day needs. 30.015 Development Unit Projects: Residential and commercial develop- ment Unit Projects subject to the provisions of Article 45. 30.02 ACCESSORY USES: Accessory uses, buildings or structures custom- arily incidental to any aforesaid principal or conditional use, shall be permitted in conjunction with such use, including the following: 30.021 General: Accessory uses permitted and as regulated in the R-4 District. 30.022 Nonresidential: Accessory uses and structures customarily accessory and incidental to any of the foregoing permitted C-1 non-residential uses and including off-street parking facilities subject to the provisions of Article 41 and business signs sub- ject to the provisions of Article 43. 30.03 REQUIRED CONDITIONS 30.031 Business in Enclosed Buildings: All businesses, service or pro- cessing shall be conducted i lly within a completely enclosed building except for off-street parking; and such outdoor display or storage of vehicles, materials and equipment as may be author- ized by the Board. 30.032 Uses Must be Nonobjectionable: Processes and equipment employed and goods processed or sold shall be limited to those which are not objectionable by any reason of odor, dust, smoke, cinders, gas fumes, noise, vibration, refuse matter or water -carried waste. 30.033 New Merchandise: Goods for sale shall consist primarily of new merchandise. 30.04 FIGHT REGULATIONS: Same as required in the R-4 District. ORDINANCE NO. 59-1981 Page 4 30.05 LOT AREA, FRONTAGE AND YARD REQUIREMENTS: The following mini- mLn requirements shall apply, except as provided in part 5. Front Lot Lot Yard Area Frontage Depth Side Yard Width Rear Yard Depth sue. ft. ft. ft. t. Non- None None 20 None; except when None; except when Residential adjoining an A or adjoining an A or R-District - then R-District - then not less than ten not less than twen- (10) feet. ty (20) feet. Residential Same as required in the R-4 District. 30.06 COURTS: Satre as required in the R-1 District SECTION 2. That Article 31, formerly the C-2 Commmity Business District shall hereinafter be designated the C-2 Commercial District and shall read amended as follows: ARTICLE 31 C-2 MVERRCIAL DISTRICT 31.00 PRINCIPAL PERMITTED USES: No building, structure or land shall e erected, altered, enlarged or used which is arranged or de- signed for other than one of the following uses, except as pro- vided herein and in Article 16. 31.001 General: Any use as permitted and as regulated in the R-4 and C-I Districts, except as herein modified. 31.002 Intent: The C-2 Commercial District is intended to provide for tie location of those commercial businesses and services which, because of late hours, the serving of hard liquor, high volume of traffic, live entertainment and other elements, may be con- sidered objectionable when placed in close proximity to a resi- dential transition area. 31.003 Retail and Service Uses as Follows: These uses may not be sub- stituted one for the other without first obtaining a certificate of occupancy after meeting all minimiun ordinance standards. (1) Ambulance service. (2) Amusment establishments, including bowling alleys, pool halls, dance halls, skating rinks and other similar places of recreation. (3) Auction rooms. (4) Automobile accessory shop. (5) Automobile show rooms, including servicing and repair. (6) Battery and tire service stations. (7) Department store. (8) Dry cleaning cash and carry package plants using non- flammable, non -explosive solvents; and, any boiler used in the processing shall be limited to a fifteen (15) horsepower capacity. This type of dry cleaning estab- lishment shall be limited strictly to over-the-counter service and no dry cleaning establishmmt as described above is to be located in the same building with a residential use. (9) Exterminating shops. (10) Hotel. (11) Laundry, employing not more than four (4) persons in addi- tion to the owner or manager. (12) Liquor stores, package goods only. ORDINANCE NO. 59-1981 Page 5 (13) Motel. (14) Motorcycle show rooms, including servicing and repair. (15) Pawn shop. (16) Restaurants, including live entertainment and dancing and the serving of liquor in conjunction therewith. (17) Secondhand stores and rummage shop. (18) Trailer show rooms, for motor vehicles, including sales, rental, servicing and repair, but not including house trailers mobile homes or semi -tractor trailers. 31.004 Motor Vehicle Service: General automobile repair not including major body or ender repairs or the storage or packing of buses subject to the provisions of Article 44. 31.005 Eating and Drinking Establishment: Drive-in eating and drinking places, provided the principal building is distant not less than one -hundred (100) feet from any R-District. 31.006 Entertainment: Night clubs and theatres, but not within one hundred 10 feet of any R-District and subject to all appli- cable regulations and such permits as may be required by law. 31.007 School and Studio: Trade schools provided machinery which is used for instruction purposes is not objectionable due to noise, fumes, smoke, odor or vibration; photographic studios, dancing studios, radio and telecasting studios. 31.008 Ca[mercial Recreation Facility 31.009 Ste: Subject to the provisions of Article 43. 31.010 Animal Hospital, Veterinary Clinic, Etc.: Animal hospitals, kernels, display and housing or boTrEng of pets and other domestic animals, provided that any enclosure or building in which animals are kept shall be at least one hundred (100) feet from any R-District and at least fifty (50) feet from any other C-District. Exercise rums shall be enclosed on four sides by an umpierced well -maintained fence or wall at least six (6) feet in height. 31.02 SPECIAL USES: The following uses may be allowed as special uses by ordinance of the Conmon Council of the City of Richmond in accordance with the provisions of Article 48 hereof: 31.021 General: Any use which may be allowed as a special use in the R-4 and C 1 Districts except as modified herein. 31.022 Retail and Service: Any other retail business or service establish- ment or use which is determined by the Conmission to be of the same general character as the above principal permitted uses, but not in- cluding any use which is first permitted or which is not permitted in the C-4 District. 31.023 Motor Vehicle Service Stations: Any motor service station which is determined by the commission to be of the same general character as the above principal permitted uses. 31.03 ACCESSORY USES: Accessory uses, buildings or structures custom- arily incidental to any aforesaid principal or special use, shall be permitted in conjunction with such use, including the follow- ing: 31.031 General: Accessory uses and structures as permitted and as regu a�—in the R-4 and C-1 Districts, as well as accessory uses and structures not otherwise prohibited customarily accessory and in- cidental to any of the foregoing permitted C-2 uses. ORDINANCE NO. 59-1981 Page 6 31.04 RDQUIRED CONDITIONS 31.041 General: All conditions as specified for the C-1 District, except o� merchandise in the case of art and antique shops. 31.05 HEIGHT REGULATIONS: No principal structure shall exceed four (4) stories of forty-five (45) feet in height and no accessory struc- ture shall exceed two stories or twenty-five (25) feet in height, except as provided in Article 51. 31.06 LOT AREA, FRONTAGE AND YARD REQUIR.1212M : The following mininm requirements shall apply, except as provided in Part 5. Lot Lot Front Yard Side Yard Rear Yard Area Frontage Depth Width Width sq ft ft. ft. ft. ft. Nonresi- None None None; except None; except None; except dential when adjoin- Than adjoin- when adjoin - Uses ing an A or ing an A or ing an A or R-District - R-District - R-District - then not less then not less then not less than twenty than ten (10) than thirty (20) feet. feet. (30) feet. Residen- tial as required in the R-4 District. Uses 31.07 COURTS: Same as required in the R-1 District. 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 Ca mn Council of the City of Richwnd, Indiana, this ;> ; day of . , 1981. President of Commn Council ATTEST: [ t, City Clerk PRESENTED by me to the Mayor of the City of Richmond, Indiana, this day of 17 - ,. I- , 1981. City Cler APPROVED by me, Clifford J. Dickman, Mayor of the City of Richnond, Indiana, this _� - day of _ L:_„ t___ 1981. Mayor ATTEST: City Clerk CITY PLAN COMMISSION RICHMOND, INDIANA 1,404. September 4, 1981 Mr. Kenneth Mills, President Members of Common Council & Mrs. JoEllen Trimble, City Clerk Municipal Building Richmond, Indiana 47374 Re: Ordinance No. 59-1981 Plan Commission Case PC-81-8 Dear Mr. Mills, Members of Common Council & Mrs. Trimble: The Richmond City Plan Commission conducted two (2) public hearings and a public work session on the request of the Plan Staff to broaden the range of Commercial uses permitted within the C-1 (Neighborhood Business) zone classification. This request is prompted by the inability of C-1 zones to maintain themselves as viable commercial zones with the uses which are currently permitted. The best example of a C-1 area which is deteriorating, to a large extent because of the uses permitted, is the area along South "E" Street, centered around South 8th Street. C-1 zones were originally set up to permit uses which would service an immediate neighborhood with day-to-day needs; such as the '116m.'& Pop" grocery store, candy store, etc. With today's mobile society, this need is much less prevelant. The Plan Commission voted six (6) to one (1) to amend the C-1 zone and C-2 zone by recommending to Council that many former C-2 uses which can locate near resideptial areas without creating a nuisance be reclassified as C-1. The Commission further recommends that the C-1 Neighborhood Business zone be retitled "C-1 Limited Commercial Zone" and that the C-2 Commercial Zone be retitled to "C-2 Commercial District". The Commission further recommends an "Intent" paragraph be added to the new C-1 and C-2 zones to aid in assigning classifications to new uses in the future. Mr. Kenneth Mills, President Members of Common Council September 4, 1981 Page 2 The C-2 Commercial district will be made up of those uses which are largely retail in nature but have an element of potential objection - ability to them when located near a residential area. If this proposed Ordinance is passed, it will, in effect, also amend portions of the C-4 General Business District by moving some of those into the C-2 Commercial Business zone. Three (3) persons appeared at the public hearing to speak on this request. Ztao (2) spoke in favor and one (1) spoke in opposition. Respectfully submitted, CITY PLAN CONNISSION Robert B. Goodwin Executive Secretary /vl