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Home My Public Portal About035-1978 - Zoning - Amended Master PlanGENERAL ORDINANCE NO. 35-1978 AN ORDINANCE AMENDING CHAPTER 22 OF THE MUNICIPAL CODE COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA, ADOPTED JUNE 3, 1968. WHEREAS, the Richmond City Plan Commission has adopted an amendment to the Master Plan delineating a contiguous unincorporated area with- in two (2) miles of the corporate limits of the City; and, WHEREAS, pursuant to IC 18-7-5-34, the Richmond City Plan Commission has determined that it is in the best interests of the City of Richmond to exercise planning and zoning jurisdiction within the two (2) mile fringe jurisdictional area as delineated in the amendment to the Master Plan; and, WHEREAS, in order to effectively apply planning and zoning jurisdiction in the designated unincorporated fringe area certain amendments to Chapter 22 of the Municipal Code, commonly known as the Zoning Ordinance of the City of Richmond, Indiana, are required; and, WHEREAS, a notice was given and a public hearing on this Ordinance was con- ducted by the Richmond City Planning Commission the _:e--Cday of 1978, at which time remonstrances were heard from all pa ties interested in or affected by this Ordinance; and, WHEREAS, the vote of the Richmond Planning Commission was to u in favor of/in opposition to recommending the passage of Ordinance No. 35-1978 , therefore, BE IT ORDAINED by the Common Council of the City of Richmond, Indiana, that Chapter 22 of the Municipal Code commonly known as the Zoning Ordi- nance of the City of Richmond, Indiana, be amended as follows: SECTION 1. Article 14.00 of Chapter 22 of the Municipal Code shall read amended as follows: 14.00 DIVISION OF CITY INTO DISTRICTS: For the purpose of this Ordinance, the City of Richmond is hereby divided into twelve (12) categories of zoning districts as follows: RESIDENT DISTRICTS R-1 One -Family Residence Distri.ct R-2 One -Family Residence District R-3 One -to -Eight Family Residence District R-4 Multi -Family Residence District 0-1 Greenbelt District A-1 Agricultural District NONRESIDENCE DISTRICTS C-1 Neighborhood Business District C-2 Community Business District C-3 Central Business District C-4 General Business District M-1 Light Industrial District M-2 General Industrial District SECTION 2. Article 15.18 of said Chapter shall read amended as follows: 15.18 EXTRACTION OF MINERALS AND OIL DRILLING - PROHIBITED: The extraction or mining of minerals or the extraction of oil or other hydrocarbons are expressly prohibited within the corporate limits of the City of Richmond. Within the two-mile fringe jurisdictional area, the extraction or mining of minerals or the extraction of oil or other hydrocarbons are expressly prohibited within lands which are used for residential purposes and where there are eight (8) or more residences within a quar- ter mile square area. GENERAL ORDINANCE NO. 35-1978 Page 2 SECTION 3. Article 25 shall be added to said Chapter and shall read as follows: ARTICLE 25 A-1 AGRICULTURAL DISTRICT 25.00 PRINCIPAL PERMITTED USES: No building, structure or land shall be erected, altered, enlarged or used which is arranged or designed for other than one of the following uses, except as provided herein and in Article 16. 25.001 Agricultural: Agriculture and the usual agricultural buildings, structures, farm office buildings, commercial and noncommercial nurseries and greenhouses. 25.002 Residential: Single-family dwellings. 25.003 Institutional: Churches, schools and colleges for academic instruction, public buildings, structures, and pro- perties of the recreational, cultural administrative or public service type. 25.004 Recreational: Noncommercial, recreation areas and cen- ters including country clubs, swimming pools, golf courses, and summer camps, public and private forests and wild -life preserves, and similar conservation areas. 25.005 Kennel 25.006 Cemetery 25.007 Signs: All signs in accordance with provisions of Article 43. 25.008 Sawmill: Cutting timber grown primarily on the premises. 25.009 Essential Services: As defined in Section 13.30. 25.01 Special Uses: The following uses may be allowed as special uses by Ordinance of the Common Council in accordance with the pro- vision of Article 48 hereof. 25.011 Hospital 25.012 Sand and Gryvel Pit, Borrow Pit, Clay Pit: Mines and quarries, including the processing of compounding of products largely of such materials provided; subject to the provisions of Article 49. 25.013 Utility: Public utility and communications buildings necessary for the furnishing of adequate service to the area but not including general offices, garages, warehouses and outdoor storage; sewage disposal plants and disposal of garbage or refuse. 25.014 Airport: Public or privately owned and operated airports or landing fields subject to applicable state and federal regu- lations. 25.015 Livestock: Sales yards and buildings. 25.016 Commercial Recreation Facilities 25.017 Not for profit Public Service oriented facilities involv- ing more than one structure. 25.018 Veterinary Hospital or Clinic GENERAL ORDINANCE N0. 35-1978 Page 3 25.02 ACCESSORY USES: Accessory uses, buildings or struc- tures customarily incidental to any aforesaid principal or special use shall be permitted in conjunction with such use, including the following: 25.021 Residential: Living quarters of persons employed on the premises. 25.022 Parking Facility: A private garage or parking area subject to provisions of Article 41. 25.023 Home Occupation 25.024 Boarder: The keeping of roomers or boarders by a resi- dent family. 25.025 Temporary Roadside Stand: Temporary roadside stands, offering for sale only neighborhood agricultural products or other products produced on the premises. 25.026 Signs: Advertising signs, business signs, real estate signs, professional or announcement signs, institutional bulletin boards, subject to the provisions of Article 43. 25.027 Temporary Buildings: For uses incidental to construction. 25.03 WEIGHT REGULATIONS: No principal structure shall exceed two and one-half 21.stories or thirty (30) feet and no accessory structure shall exceed one (1) story or fifteen (15) feet except as provided in Article 51. 25.04 LOT AREA, WIDTH, AND YARD REQUIREMENTS: The following minimum requirements shall apply except as provided in Part 5. Side Front Yard Rear Lot Lot Yard Width Yard Area Width Depth Each Depth acres ft. ft. ft. ft. Dwellings 1 200 75* 40 40 85** Other Principal Permitted Uses 2 200 75* 40 40 85** * On roads with 50 feet established right-of-way ** On roads with less than 50 feet established right-of-way. SECTION 4. Article 30.05 of said Chapter shall read amended as follows: 30.05 LOT AREA, FRONTAGE AND YARD REQUIREMENTS: The following minimum requirements shall apply, except as provided in Part 5. Front Lot Lot Yard Area Frontage Depth Side Yard Width Rear Yard Depth sq.ft. ft. ft. ft. ft. Nonresiden- tial None None 20 None; except when None; except when adjoining an A or adjoining an A or R-District - then R-District - then not less than ten not less than (10) feet. twenty (20) feet. Residential Same as required in the R-3 District. GENERAL ORDINANCE NO. 35-1978 Page 4 SECTION 5. Article 31.06 of said Chapter shall read amended as follows: 31.06 LOT AREA, FRONTAGE AND YARD REQUIREMENTS: The following minimum 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- when 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. Residential Uses Same as required in the R-4 District. SECTION 6. Article 33.06 of said Chapter shall read amended as follows: 33.06 LOT AREA, FRONTAGE AND YARD REQUIREMENTS: The follow- ing minimum requirements shall be observed, except as provided in Part 5. Lot Lot Front Yard Side Yard Rear Yard Area Frontage Depth Width Depth sq.ft. ft. ft. ft. ft. Nonresi- dential None None 20 None; except 35 Uses when adjoin - an A or R- District - then not less than thirty (30) ft. Residen- tial Uses Not permitted. SECTION 7. Article 34.06 of said Chapter shall read amended as follows: 34.06 LOT AREA, FRONTAGE AND YARD REQUIREMENTS: The follow- ing minimum requirements shall be observed, except as provided in Part 5. Lot Lot Front Yard Side Yard Rear Yard Area Frontage Depth Width Depth sq. ft. ft. ft. ft. ft. Nonresi- None None 30 None; except 40 dential when adjoin - Uses ing an A or R-District - not less than fifty (50) feet. Residen- tial Uses Prohibited. GENERAL ORDINANCE NO. 35-1978 Page 5 SECTION 8. Article 35.002 of said Chapter shall read amended as follows: 35.002 The Following Uses: Provided no part of a building occupied by such uses have any opening other than stationary win- dows or required fire exits within one hundred (100) feet of any A or R-District. SECTION 9. Article 35.003 of said Chapter shall read amended as follows: 35.003 The Following Uses: When located not less than two hundred (200) feet from any A or R-District. SECTION 10. Article 35.004 of said Chapter shall read amended as follows: 35.004 The Following Uses: When located not less than three hundred (300) feet from any A or R-District, and not less than one hundred (100) feet from any other district. (1) Acetylene manufacturing in excess of fifteen (15) pounds pressure per square inch. (2) Acid manufacture, except as specified in Section 40.0211. (3) Asbestos manufacturing. (4) Automobile assembly. (5) Automobile wrecking. (6) Bleaching, cleaning and dyeing plant of large scale pro- duction. (7) Boiler shops, machine shops, structural steel fabricating shops, railway car or locomotive ships, including repair, metalworking shops employing reciprocating hammers or presses over twenty (20) tons rated capacity. (8) Candle or sperm oil manufacturing. (9) Charcoal, and fuel briquettes. (10) Chemicals, including carbide, caustic soda, cleaning and polishing preparations, exterminating agents, hydrogen and oxygen, industrial alcohol, nitrating of cotton or other materials, nitrates (manufactured and natural) of an ex- plosive nature, potash, plastic materials and synthetic resins. (11) Coal, coke and tar products, including gas manufacturing. (12) Coal yards. (13) Cooperage works. (14) Dextrine, starch or glucose manufacturing. (15) Disinfectant, insecticide or poison manufacturing. (16) Dye and dyestuffs manufacture. (17) Electric central station power and steam -generating plants. (18) Emery cloth or sandpaper manufacturing. (19) Enameling, lacquering or japanning. (20) Felt manufacturing. (21) Film photographic. (22) Flour, feed and grain, milling and processing. (23) Force or foundry works. (24) Gas - generation or storage for illumination or heating. (25) Geletin, glue and size, animal. (26) Grain drying or poultry feed manufacturing from refuse, mash or grain. (27) Hair or hair products manufacturing. (28) Junk Yard. (29) Lime or lime products manufacturing. (30) Linoleum and oilcloth. (31) Linoleum and oilcloth or oiled goods manufacturing. (32) Magnesium foundries. (33) Match manufacturing. (34) Meat packing, but not including stockyards or slaughter- houses. (35), Metal and metal ores (except precious and rare metals), re- duction, refining, smelting and alloying. GENERAL ORDINANCE NO. 35-1978 Page 6 (36) Paint, lacquer, shellac, varnishes, linseed oil and turpen- tine, enamel. (37) Paper and pulp manufacturing. (38) Perfume manufacturing. (39) Pickle, sauerkraut or sausage manufacturing. (40) Plaster manufacturing. (41) Poultry slaughterhouse, including packing and storage for wholesale. (42) Printing ink manufacturing. (43) Radium extraction. (44) Sandblasting or cutting. (45) Sawmill, the manufacture of excelsior, wood fiber or sawdust products. (46) Sewage disposal plant. (47) Shoddy manufacturing. (48) Shoe blacking or polish or store polish manufacturing. (49) Soaps, including fat and oil rendering. (50) Starch. (51) Steam power plant, except where accessory to a permitted principal use. (52) Stone and monument works employing power -drive tools. (53) Storage, drying, cleaning of iron, junk, rags, glass, cloth, paper, or clipping, including sorting, refining, baling, woodpulling and scouring. (54) Sugar refining. (55) Tar or asphalt roofing or water -proofing manufacturing. (56) Tar distillation or manufacturing. (57) Vinegar manufacturing. (58) Wire or rod drawing - nut, screw or bolt manufacturing. (59) Yeast manufacturing. SECTION 11. Article 43.016 shall be added to said Chapter and shall read as follows: 43.016 The following signs shall be allowed in the "A-1" Agricul- tural District: Signs permitted in the "R-3" and "R-4" Residence Districts. SECTION 12. Article 43.02 of said Chapter shall read amended as follows: 43.02 ADVERTISING SIGNS Outdoor advertising structures, billboards and poster panels (re- ferred to as advertising signs) shall be permitted in the "A-1", "C-2", "C-3", "C-4", "M-1" and "M-2" Districts only. Advertising signs shall be set back from the established right-of- way lines of any street as far as the required front yard depth for a principal building in the district where located. Advertising signs may be single -face, double -face or back-to-back (V-type) and no individual facing shall exceed 600 square feet per zoning lot. SECTION 13. Article 49 shall be added to said Chapter and shall read as follows: ARTICLE 49 EXTRACTION OF MINERALS 49.00 PROCEDURE - APPLICATION - HEARING: Any owner, lessee or other person, firm or corporation having an interest in mineral resources within lands where the extraction or mining of such minerals is not prohibited under the provisions of Section 15.18 may file with the Commission an application for authorization to extract minerals therefrom. GENERAL ORDINANCE NO. 35-1978 Page 7 49.001 Application - Contents, Procedures: An application for such operation shall set forth the following information: (a) name of the owner or owners of land from which removal is to be made; (b) name of the applicant making request for such a permit; (c) name of the person or corporation conducting the actual removal operation; (d) location, description and size of the area from which the removal is to be made; (e) location of processing plant used; (f) type of resources or materials to be removed; (g) proposed method of removal and whether or not blasting or other use of explosives will be re- quired; (h) description of equipment to be used; (i) method of rehabilitation and reclamation of the mined area. 49.002 Public Hearing: Upon receipt of such application, the Commission shall set the matter for a public hearing in accord- ance with the provisions of Article 61. 49.01 GENERAL REQUIREMENTS: Structures and equipment, their use and operation shall comply with all requirements of the dis- trict in which said property is located, and with the following additional requirements. 49.011 Distance from Property Lines: No quarrying operation shall be carried on or any stock pile placed closer than seventy- five (75) feet to any property line, unless a greater distance is specified by the Commission where such is deemed necessary for the protection of adjacent property; provided that this distance requirement may be reduced to fifty (50) feet by written consent of the owner or owners of the abutting property. 49.012 Distance from Public Right -of -Way: In the event that the site of the mining or quarrying is adjacent to the right-of-way of any public street or road, no part of such operation shall take place closer than seventy-five (75) feet to the nearest line of such right-of-way. 49.013 Fencing: Fencing shall be erected and maintained around the entire site or portions thereof where in the opinion of the Commission such fencing is necessary for the protection of the public safety, and shall be of a type specified by the Commission. 49.014 Equipment: All equipment and machinery shall be operated and maintained in such manner as to minimize dust, noise and vibra- tion. Access roads shall be maintained in dustfree condition by surfacing or other treatment as may be specified by the City Engineer. 49.015 Processing: The crushing, washing and refining or other similar processing may be authorized by the Commission as an accessory use; provided, however, that such accessory processing shall not be in conflict with the use regulations of the district in which the operation is located, and shall not be located within two hundred (200) feet of any boundary of the site. 49.02 REHABILITATION: To guarantee the restoration, rehabilita- tion, and reclamation of mined -out areas, every applicant granted a mining permit as herein provided shall furnish a performance bond running to Richmond City Plan Commission as a guarantee that such applicant, in restoring, reclaiming and rehabilitating such land, shall within a period of time to be determined by and to the satis- faction of the Richmond City Plan Commission, meet the following minimum requirements: GENERAL ORDINANCE NO. 35-1978 Page 8 49.021 Surface Rehabilitation: All excavation shall be made either to a water producing depth, such depth to be not less than five (5) feet below water mark, or shall be graded or backfilled with non -noxious, non -inflammable and non-combustible solids, to secure (a) that the excavated area shall not collect and permit to remain therein stagnant water; or (b) that the surface of such area which is not permanently submerged is graded or backfilled as necessary so as to reduce the peaks and depressions thereof so as to produce a gently running surface that will minimize erosion due to rainfall and which will be in substantial conformity to the adjoining land area. 49.022 Vegetation: Vegetation shall be restored by appropriate seeds of grasses or planting of shrubs or trees in all parts of said mining area where such area is not to be submerged under water as hereinabove provided. 49.023 Banks of Excavation Not Backfilled: The banks of all ex- cavations not backfilled shall be sloped to the water line at a slope which shall not be less than three (3) feet horizontal to one (1) foot vertical and said bank shall be needed. 49.024 Additional Requirements: In addition to the foregoing, the Richmond City Plan Commission may impose such other conditions, requirements or limitations concerning the nature, extent of the use and operation of such mines, quarries or gravel pits as the Richmond City Plan Commission may deem necessary for the protec- tion of adjacent properties and the public interest. The said conditions and the amount of the performance bond shall be deter- mined by the Richmond City Plan Commission prior to issuance of the permit. SECTION 14. Article 54.00 of said Chapter shall read amended as follows: 54.00 PUBLIC SANITARY AND WATER FACILITIES NOT AVAILABLE: In any district, where either public water supply or public sanitary sewer is not accessible, an Improvement Location Permit shall not be issued for the principal building without approval of the Wayne County Health Department. SECTION 15. 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 mmon Council of the City of Richmond, Indiana, this S `l day of ,«_.._- 1978. -� f, -?resident of Common Council ATTEST?" City Clerk PRESENTED by ire to the Mayor of the City of Richmond, Indiana, this day of 1978. City 1 APPROVED by me, Clifford J. Dickman, Mayor of the City of Richmond, Indiana, this u day of _e 1978. Mayor;' ATTEST: City Clerk W-A i 50 North Fifth Street RICHMOND, INDIANA 47374 June 2, 1978 Mr. Thomas Austerman, President Members of Common Council & Mrs. Jo Ellen Trimble, City Clerk Municipal Building Richmond, Indiana 47374 Re: Ordinance No. 35-1978 - Plan Commmissi.on Case PC-78-10, Richmond City Plan Cannission requesting to amend Chapter 22 of the Municipal Code, commonly known as the Zoning Ordinance of the City of Richmond, Indiana Dear Mr. Austerman, Members of Common on Council and Mrs. Trimble: The Richmond City Plan Comrnission conducted a public hearing on May 23, 1978, on Ordinance No. 35-1978. The petition, initiated by the Richmond City Plan Commission, is re- questing to amend Chapter 22 of the Mlmicipal Code, being Ordinance No. 2325-1968, commonly known as the Zoning Ordinance for the City of Richmond, Indiana. The necessity to emend the Zoning Ordinance is based on the Plan Commission's decision to assume planning and zoning jurisdiction in the two (2) mile fringe area. The major amendment proposed in Ordinance No. 35-1978 is the addition of the A-1 Agricultural District. No one spoke in opposition to the peti- tion. The Plan Commission voted five (5) to zero (0) to recommend approval of this Ordinance. Respectfully submitted, DhTARTM Wr CITY PLMNING Robert B. Goodwin Executive Secretary City Plan Commission /vl