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Home My Public Portal About073-1978 - Zoning - Amend Chapter 22 of Code - DefeatedGENERAL. ORDINANCE NO. 73-1978 AN ORDINANCE TO AMEND CHAPTER 22 OF THE MUNICIPAL CODE AS AMMED, BEING ORDINANCE NO. 2325-1968 CO�MNLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMOND, INDIANA ADOPTED JUNE 3, 1968, PROVIDING FOR THE RICH- MND BOARD OF ZONING APPEALS TO HEAR AND DECIDE SPECIAL USES AND ALSO REFERRED TO AS SPECIAL EXCEPTIONS. WHEREAS, Article 48 of the Zoning Ordinance currently provides that Special Uses or Exceptions shall be authorized on recommenda- tion of the City Plan Canmission and by Ordinance of Ca mon Council; and, WHEREAS, Indiana Law (I.C. 18-7-5-82) enumerates the powers and duties of the Board of Zoning Appeals and includes among those duties in Item No. 3 the following; 3. Hear and decide Special Exceptions to the terms of the Ordinance upon which the board is required to act under the Ordinance. WHEREAS, the provisions of Article 48 of the Zoning Ordinance as currently written are in conflict with Indiana Law (I.C. 18-7-5-82); and, WHEREAS, a notice was given and a public hearing on this Ordinance was conducted by the Richmond City Planning Carmission the day of /V ; - 1978, at which time ramnstrances were heard rtmall parties interested, in or affected by this Ordinance; and, WHEREAS, the vote of the Richmond Planning Commission was to i in favor of/inn rending the passage of Ordinance No. 73-1978; therefore, BE IT ORDAINED by the Cannon 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, as amended as follows: SECTION 1. Article 13.20 of Chapter 22 of the Municipal Code shall read amended as follows: 13.20 Special Exceptions: A use that is permitted, but only by applica- tion to and when authorized by the Board of Zoning Appeals after a determination by the said Board that all conditions, regulations and standards of this Ordinance applying to the specific use in the particular location will be met, along with such additional conditions or safeguards as the Board may prescribe in the speci- fic case and circumstances, in order to prevent harm or injury to adjacent uses, the neighborhood, and/or in order to promote the public health, safety, comfort, morals, convenience and general public welfare. Hereinafter any reference to Special Use in this Ordinance shall be deemed to be a Special Exception and also herein- after any reference to G m[mn Council and Plan Commission granting authorization for such Special Use shall be deemed to be the authorization of the Board of Zoning Appeals. SECTION 2. Article 20.025 shall be added to said Chapter and shall read as follows: 20.025 Ambulance service. SECTION 3. Article 48 of said Chapter shall read amended as follows: 48.00 Special Exceptions may be permitted by the Board of Zoning Appeals after public hearing, only in accordance with procedures set forth in this Article and the requirements listed herein. No Special Exception shall be granted unless the Board shall have first found ORDINANCE NO. 73-1978 Page 2 that the public convenience and welfare will substantially be served and that the proposed use will not be unduly detrimental to the surrounding area. In the exercise of its approval the Board may impose such additional conditions regarding the loca- tion, character and other features of the proposed building or structure or use as it may deem advisable in the furtherance of the purpose of this ordinance. 48.01 Special Exception filing procedures; a petition for a Special Exception shall be filed with the Richmond City Plan Department upon such form and accompanied by such information as shall be established by the Board. The Plan Department shall then pro- ceed to process the application. The Board shall then proceed with a hearing in accordance with the provisions of this Ordinance. 48.02 The Board may impose conditions to assure that the Special Excep- tion will conform to the intent of this Ordinance. These conditions may include but are not limited to the provisions of the following: (1) Off street parking and loading areas, with particular attention to the economic, noise, glare, or odor effects of the Special Exception on adjoining properties; (2) Refuse and service areas; (3) Special screening and buffering with reference to type; dimensions, and character; (4) Signs and proposed exterior lighting with reference to glare, traffic safety, economic effect, and com- patibility and harmony with properties in the area; (5) Additional setback distances, yards, and open spaces; (6) General compatibility with adjoining properties, with reference to site development standards designed for their mutual protection and the environmental harmony of the area. 48.03 Construction Requirements: Any person who is issued a Special Exception approval who fails to commence construction or Special Exception use within twelve (12) months after such approval by the Board, may be required by the Board upon its awn motion, to show cause why such Special Excep- tion approval should not be withdrawn. 48,04 Any reference to Special Use in Ordinance No. 2325-1968, shall hereinafter be defined as a Special Exception and any reference to such Special Use being authorized by Ordinance of Common Council and being subject to Plan Commission review and approval shall be deemed to be the authorization and approval of the Board of Zoning Appeals. No Special Use and/or Special Exception shall be permitted without application to and authorization by the Board of Zoning Appeals, SECTION 4. 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 , 1978. President of CamDn Council ATTEST: City Clerk ORDINANCE NO. 73-1978 Page 3 PRESENTED by me to the Mayor of the City of Richmnd, Indiana, this day of , 1978. City Clerk APPROVED by me, Clifford J. Dicknan, Mayor of the City of Richmond, Indiana, this day of , 1978, Mayor ATTEST: City Clerk 50 North Fifth St -pet RICHMOND, INDIANA 47374 September 29, 1978 Mr. Thomas Austezman, President N-Vnbers of Comtran Council & Irs. JoEllen Trimble, City Clerk Municipal Building Richmond, Indiana 47374 'Ze: Orddinance No. 73-1973 -Plan Commission Case PC-78-14, '�j.ctnund C-ir.:y Plrin Cotm.i scion requesting, to anlcnd Chapter 22 of the Municipal Code, con mbnly )norm as * h.e Zonii-�R Ordinance of t:he City of Riichnond , Indiana Deer Yj-. Austerman, Members o£ Cozmun Cm-mc:il and ors. Trimble: The Richmond City Plan. C i -i ssi.on held a public heari�np on Septem- ber 26, 1978, to consider Ordinance No. 73-1978. The petition, initiated by the Richmond City Plan Commission, is requesting to amend Chapter 22 of the Municipal Code, being the Zoning Ordinance of the City of Richmond, Indiana. Presently, Article 48 of the Zoning Ordinance provides that Special Uses shall be authorized by Ordinance of the Common Council on the recommendation of the Plan Commission. The proposed wnendnent would change Special Uses to Special Exceptions that would be authorized by the Board of Zoning Appeals. Indiana law (I.C. 18-7-5-82) sets forth the powers and duties of the Board of Zoning, Appeals. Among these duties is to hear and decide Snecia1 Exceptions to the terms of the Ordinance upon which the Board is required to act under the Ordinance. Also, a 1972 Appellate Court decision held tNit a city ordinance which did not zone or rezone property but granted a Special Use or variance in- frixVged and was an unlawful encroachment on the powers expressly granted by statute to the Board of Zoning Appeals. Therefore, the present Article 43 (Special Use section) of the Zoning Ordinance is in conflict with state law. The Plan Commission voted eight (8) to one (1) to reccmnend approval of this Ordinance with Mfrs. Bartz voting naye. Respectfully submitted, DEPARTMENT�CITY PLANNING Robert B. Goodwin / Kxv(.-ut.l,vc* Secrc!_,nry (J t, v (' L: r� 0 m l i s fJon r t rt rD CD UQ r7- r-,-z- -X '�" 9-/" 'A�-r "e-~--0-0'- 50 North Fifth Street RICHMOND, INDIANA 11,.7374 Septeiber 29, 1978 :r. Thomas Austerman, President Merbers of Comnon Council & Mrs . JoEllen Trliibie, City Clerk Ym i cipai Building Richmond, Indiana- 47374 Re: Ordinance No. 73-1978 - Plan Ccnmission Case PC-7a-14, Riclm,und City Plan Coamission requesting to amend C�Lnp to 22 of the l jn is ipal Code, commonly known as the Zonic� Ordinance of the City of Richmond, Inc1J'Ina Dear Mr. Austei-man, Mmbers of Corrrron Council and Mrs. Triarble: The Richmond City P'lm CaTriission held a public hearing on Septem- ber 26, 1978, to consider Ordinance No. 73-1978. The petition, initiated by the Richmond City Plan. Cormussion, is requesting to amend Chapter 22 of the Municipal Code, being the Zoning Ordinance of the City of Richmond, Indiana. Presently, Article 48 of the Zoning Ordinance provides that Special Uses shall be authorized by Ordinance of the Cor Council on the recommendation of the Plan Ca mission. The proposed amendment mould change Special Uses to Special Exceptions that would be authorized by the Board of Zoning Appeals. Indiana Law (T.C. 18-7--5-82.) sets forth the powers and duties of the Board of 7onin Appeals. /Vnorng these duti es is to hear and decide Special Exceptions to the terns of the Ordinance upon which the Board is required to act under the Ordinance. Also, a 1972 Appellate Court decision held that a city ordinance which did not zone or rezone property but granted a Special Use or variance in- fringed and was an unlawful encroachment on the powers expressly granted by statute to the Board of Zoning Appeals. Therefore, the present Article 48 (Special Use section) of the Zoning Ordinance is in conflict with state law. The Plan Commission voted eight (8) to one (1) to recommend approval of this Ordinance with Mrs. Bartz voting naye. Respectfully submitted, DEPARTMENT CITY PLANNING Robert B. Goodwin /-14—/ I.,Xoc ul; i ve Set, rol.nry (;; I_y P1.rrn (;(�nnf rrr{ l.cm