CHAPTER 154: ZONING CODE

Transcription

1 SECTION Flood Insurance Study Adopted by Reference General Provisions Purpose and Scope Title Interpretation of Standards Definitions Districts and Boundaries Thereof Effects of Districting and General Regulations Nonconforming Uses Residence Districts R-1 One-Family Residence District R-2 One-Family Residence District R-3 One-to-Eight-Family Residence District R-4 Multi-Family Residence District O-1 Greenbelt District A-1 Agricultural District Nonresidence District C-1 Limited Commercial District C-2 Commercial District C-3 Central Business District C-4 General Business District M-1 Light Industrial District M-2 General Industrial District AZ Airport Zone District Visual Enhancement District FH Flood Hazard District Aquifer Protection District Special Provisions Performance Standards Off-Street Parking and Loading Regulations Mobile Homes and Mobile Home Parks, Motels and Motor Hotels Signs Motor Vehicle Service Stations, Garages and Parking Areas Development Unit Projects Swimming Pools Conversion of Dwellings

2 Special Use District Extraction of Minerals Exceptions and Modifications Lots of Record Height Modifications Yard Modifications Yard Projections Lot Area Requirements Zoning Administration Enforcement Board of Zoning Appeals District Changes and Regulations Amendments Adoption and Validity FLOOD INSURANCE STUDY ADOPTED BY REFERENCE The Flood Insurance Study for the City of Richmond, Indiana dated August 16, 1982 with the accompanying flood insurance rate maps and the flood boundary and floodways map along with any subsequent revisions to the text or maps are hereby adopted by reference and declared to be part of the zoning ordinance and official zoning map of the city. Land designated on the flood boundary and floodway maps as floodway, floodway fringe and approximately 100 year flood boundary shall be zoned and regulated in accordance with the zoning ordinance as follows: (a) The floodway shall be zoned FW Floodway District along with the existing zoning district. (b) The floodway fringe shall be zoned FF Floodway Fringe District along with the existing zoning district. (c) The approximate 100 year flood boundary shall be zoned FP Flood Plain District along with the existing zoning district. (Ord ) Cross-reference: Utility construction in flood-hazard areas, see Chapter 55 2

3 GENERAL PROVISIONS PURPOSE AND SCOPE PREAMBLE TITLE TITLE This Ordinance is enacted for the purpose of promoting public health, safety, comfort, morals, convenience, and general public welfare by classifying, regulating and restricting the location, bulk and height of buildings and structures and of premises to be used for trade, industry, residence or other specified uses, all in accordance with a comprehensive plan for the desirable future development of the community; and to provide a method of administration and to prescribe penalties for the violations of provisions hereafter described. This Code shall be known and may be cited and referred to as the City of Richmond, Indiana Zoning Code INTERPRETATION OF STANDARDS REQUIREMENTS AS MINIMUM In their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements. Wherever this Ordinance imposes a greater restriction than is imposed or required by other provisions of law or by other rules or regulations or resolutions, the provisions of this Ordinance shall govern. 3

4 DEFINITIONS Interpretation of language Unless the context otherwise requires the following definitions shall be used in the interpretation and construction of this Code, and words used in the present tense include the future; the singular number shall include the plural, and the plural the singular; the word used shall include arranged, designed, constructed, altered, converted, rented, leased or intended to be used; and the word shall is mandatory and not directory ACCESSORY USE OR STRUCTURE - A use or structure subordinate to the principal use of a building or to the principal use of land, located on the same lot as such principal use and serving a purpose customarily incidental to the use of the principal building or land use ADVISORY BOARD OF ZONING APPEALS STAFF - The Board s Staff shall be any member of the Department of Planning and Economic Development. (Ord ) AGRICULTURE - The use of land for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, and animal and poultry husbandry and the necessary accessory uses for packing, treating or storing the produce raised on the premises; provided, however, that the operation of such accessory uses shall be secondary to that of normal agricultural activities and further provided that the operation of such accessory uses shall be secondary to that of normal agricultural activities and further provided that the above uses shall not include the commercial feeding of garbage or offal to swine or other animals ALLEY OR LANE - A public or private way not more than twenty (20) feet wide affording only secondary means of access to abutting property ALTERATIONS - As applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another APARTMENT - A suite of rooms or a room in a multi-family building arranged and intended for a place of residence of a single family or a group of individuals living together as a single housekeeping unit APARTMENT HOTEL - An apartment house which furnishes services for the use of its tenants which are ordinarily furnished by hotels APARTMENT HOUSE - See dwelling, multi-family BASEMENT - A story whose floor is more than twelve (12) inches but not more than half of its story height below the average level of the adjoining grounds (as distinguished) from a cellar which is a story more than one-half below such level). A basement, when used as a dwelling, shall be counted as 4

5 a story for purposes of height measurement, and as a half-story for purposes of side yard determination BEGINNING OF CONSTRUCTION - Shall mean a substantial change or alteration in the physical properties of a zoning lot or structure and where the incorporation of labor and materials upon said lot or within said structure will incur liabilities for labor and materials BLOCK - Property having frontage on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intersecting street and railroad right-of-way or waterway BOARD - The Advisory Board of Zoning Appeals for the City of Richmond, Indiana. (Ord ) BOARDING OR LODGING HOUSE - A dwelling or part thereof where meals and/or lodging are provided, for compensation, for five (5) or more persons not transient BUILDING - Any structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals or property. When such a structure is divided into separate parts by one or more unpierced walls extending from the group up, each part is deemed a separate building, except as regards minimum side yard requirements as hereinafter provided BUILDING, HEIGHT OF - The vertical distance measured from the average elevation of the proposed finished grade at the front wall of the building to the highest point of the coping of a flat roof or to the deck line of mansard roof, or to the mean height level between eaves and ridge for gable, hip or gambrel roofs BUSINESS ENTERPRISE - The use of land or a structure for manufacturing, processing, wholesale or resale of products. Also, the provision of services to customers and/or clients. This definition is not intended to include sales permitted under Chapter 125 of this Code. (Ord ; Ord ) CELLAR - A story the floor of which is more than one-half of its story height below the average level of the adjoining ground at the exterior walls of the building. A cellar, when used as a dwelling shall be counted as a story for purposes of height measurement CERTIFICATE OF OCCUPANCY - A document issued by the Zoning Inspector certifying that a building, structure and/or its use or the use of premises conform with the provisions of this Ordinance or, in case of a nonconforming use that it constitute such use under terms of this Ordinance CLINIC, MEDICAL OR DENTAL - A medical or dental clinic is a facility operated by two (2) or more physicians or dentists and other employees, and providing health services for out-patient treatment of persons suffering from injuries or from physical or mental ailments. 5

6 CLUB - A non-profit association of persons who are bona fide members organized for some common purposes and paying regular dues; not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise COMMISSION - The Plan Commission of the City of Richmond, Indiana COUNCIL - The Common Council of the City of Richmond, Indiana COURT - An unoccupied open space, other than a yard, on the same lot with a building, which is surrounded wholly or in part by the walls of such building DISTRICT - A portion of the territory of the City of Richmond within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this Ordinance DISTRICT, MORE RESTRICTED OR LESS RESTRICTED - Each of the districts in the following list shall be deemed to be more restricted than any of the districts succeeding it, and each shall be deemed to be less restricted than any of the districts preceding it: R-1, R-2, R-3, R-4, C-1, C-2, C-3, C-4, M-1 and M DUMP - A lot or land or part thereof used primarily for the disposal by abandonment, dumping, burial, burning or any other means and for whatever purpose of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or waste material of any kind DWELLING - Any building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons, but not including a tent, boarding or lodging house, motel hotel, tourist home, and except when located in an approved mobile home park, a mobile home. The length and width of any dwelling shall not be less than twenty-three (23) feet as measured at its least length and width; except when located in an approved mobile home park. (Ord ) DWELLING, ONE-FAMILY - A building designed for or used exclusively for residence purposes by one (1) family DWELLING, TWO-FAMILY - A building designed for or used exclusively for residence purposes by two (2) families living independently of each other DWELLING, MULTI-FAMILY - A building or portion thereof designed for or used exclusively for residence purposes by three (3) or more families living independently of each other ESSENTIAL SERVICES - The erection, construction, alteration or maintenance, by communication companies, public utilities, or governmental agencies of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment for 6

7 the furnishing of adequate service by such companies, public utilities, or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings FAMILY - A person living alone, or two or more persons living together as a single housekeeping unit, in a dwelling unit, as distinguished from a group occupying a boarding or lodging house, motel or hotel, fraternity or sorority house FARM STRUCTURE - Any structure utilized for agricultural operations. (Ord ) FLOOD OR FLOODWATER means the water of any lake or watercourse which is above the banks and/or outside the channel and banks of such watercourse. (Ord ) (Ord ) FLOOD HAZARD AREA means any Floodplain, Floodway, Floodway Fringe District or any combination therefore. (Ord ) (Ord ) FLOOD PROOFED BUILDING means a commercial or industrial building to exclude floodwaters from the interior of that building. All such floodproofing shall be adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the regulatory flood. (Ord ) (Ord ) FLOOD PROTECTION GRADE means the elevation of the lowest floor of a building or structure. If a basement is included, the basement floor is considered the lowest floor. Exceptions: If a commercial or industrial building is floodproofed as hereinafter defined, the term flood protection grade applies to the water surface elevation for which the building is protected. (Ord ) (Ord ) FLOOR AREA (FOR DETERMINING FLOOR AREA RATIO) - For the purpose of determining the floor area ratio, the floor area of a building is the sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls or from the centerline of walls separating two (2) buildings. The floor area of a building shall include basement floor area when more than one-half (1/2) of the basement height is above the established curb level or above the finished lot grade level where curb level has not been established, elevator shafts and stairwells at each floor, floor space used for mechanical equipment, open or enclosed, located on the roof, penthouses, attic space having headroom of seven (7) feet, ten (10) inches (7 10 ) or more, interior balconies, mezzanines and enclosed porches and floor area devoted to accessory use. However, any space devoted to off-street parking or loading shall not be included in floor-area. (Ord ) FLOOR AREA RATIO (F.A.R.) - The floor area ratio of the building or buildings or any zoning lot is the floor area of the building or buildings on that zoning lot divided by the area of such zoning lot, or in the case of planned developments, by the net site area. (Ord ) 7

8 GARAGE, PRIVATE - A garage used for storage purposes only and having a capacity of not more than three (3) automobiles or not more than two (2) automobiles per family housed in the building to which such garage is accessory, whichever is greater. (Ord ) GARAGE, PUBLIC - Any garage other than a private garage, available to the public, operated for gain, and which is used for storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles. (Ord ) HEALTH OFFICER - The County Health Officer or his authorized representative. (Ord ) HOME OCCUPATION - An accessory use of a service character customarily conducted within a dwelling by only the residents thereof, which is clearly secondary to the use of the dwelling for living purposes, does not change the character thereof, and of which there is no exterior evidence other than a 1 ft. sq. nameplate, and which does not involve the keeping of a stock-in-trade in connection therewith. The practice of a single physician, surgeon, dentist or other professional person, including an instructor in violin, piano or other individual musical instrument limited to a single pupil at a time, who offers skilled services to clients, and is not professionally engaged in the purchase or sale of goods, shall be deemed to be Home Occupations; and the occupations of dressmaker, milliner, or seamstress, each with not more than one paid assistant shall be deemed to be Home Occupations. Dancing instruction, band instrument instruction in groups, tea rooms, tourist homes, beauty parlors, barber shops, real estate offices, convalescent homes, mortuary establishments, and stores, trades or businesses of any kind not herein excepted shall not be deemed to be Home Occupations. (Ord ) HOSPITAL - Unless otherwise specified, the term hospital shall be deemed to include sanatorium, rest home, nursing home, convalescent home and any other place for the diagnosis or treatment of human ailments or the care of humans, except a clinic. (Ord ) HOTEL - Any building or portion thereof used as a temporary abiding place for renumeration, with or without meals, containing twelve (12) or more guest rooms or suites where no provision for cooking is made in any individual room or suite, except hospitals and jails. (Ord ) IMPROVEMENT LOCATION PERMIT - A document issued by the Zoning Inspector authorizing buildings, structures or uses consistent with the terms of this Ordinance and for the purpose of carrying out and enforcing its provisions. (Ord ) JUNK YARD - Any area where waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, stored, disassembled or handled, including auto wrecking yards, house wrecking yards, used lumber yards and places or yards for storage or salvaged house wrecking and structural steel materials and equipment; but not including establishments where such uses are conducted entirely within a completely enclosed building, and not including 8

9 establishments for the sale, purchase or storage of used cars in operable condition, or storage of materials incidental to manufacturing operations. (Ord ) KENNEL - Any premises or portions thereof on which more than five (5) dogs, cats, or other domestic animals over four (4) months of age are kept, or on which more than three (3) such animals are maintained, boarded, bred, or cared for, in return for renumeration, or are kept for the purpose of sale. (Ord ) LOADING SPACE - An off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access. (Ord ) LOT - A piece or parcel of land occupied or intended to be occupied by a principal building or group of such buildings and accessory buildings, or utilized for a principal use and uses accessory thereto, together with such open spaces as required by this Ordinance and having its principal frontage on a public street. (Ord ) LOT, CORNER - A lot abutting upon two (2) or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than one hundred thirty-five (135) degrees. The point of intersection of the street lines of the corner. (Ord ) LOT, INTERIOR - A lot other than a corner lot. (Ord ) LOT, DEPTH - The mean horizontal distance between the front and the rear lot lines measured in the general direction of the side lot lines. (Ord ) LOT LINES - The lines separating the lot from a street, alley, or other lots. (Ord ) LOT LINE, FRONT - The line separating the lot from the street or the established or proposed right-of-way line, whichever is the greater. (Ord ) LOT LINE, REAR - The lot line opposite and most distant from the front lot line. (Ord ) LOT LINE, SIDE - Any lot line other than front or rear lot line. A side lot line separating a lot from a street is called a side street lot line. A side lot line separating a lot from another lot or lots is called an interior side lot line. (Ord ) LOT OF RECORD - A lot which is a part of a subdivision, the plat of which has been recorded in the office of the County Recorder of Wayne County, 9

10 Indiana, or a lot described by metes and bounds, the description of which has been recorded in said office. (Ord ) LOT WIDTH - The mean horizontal width of the lot measured at right angles to its depth. (Ord ) LOT AREA - The computed area contained within the lot lines. (Ord ) LOT, THROUGH - A lot having frontage on two parallel or approximately parallel streets. (Ord ) MAJOR HIGHWAY PLAN - The part of the Master Plan, now or hereafter adopted by the City of Richmond, which sets forth the location, alignment, dimensions, identification and classification of existing and proposed public streets, highways and other thoroughfares. (Ord ) MANUFACTURED HOME means a dwelling, designed and built in a factory which bears a seal certifying that it was built in compliance with the Federal Manufactured Housing Construction and Safety Standards Law (1974 U.S.C et seq.). Said manufactured home shall have been constructed after January 1, 1981, shall exceed nine-hundred fifty (950) square feet of occupied space, and shall be installed on a permanent foundation. Said manufactured home, as defined in this paragraph, shall be considered the same as the term dwelling wherever it appears in this chapter. (Ord ; Ord ) MASTER PLAN - The complete plan, or any of its parts, including the Ordinance containing these zoning regulations, for the development of the City of Richmond and its environs, prepared by the Commission, and adopted in accordance with Chapter 174, Acts of 1947, General Assembly of Indiana, and all acts amendatory thereto; as are now or may hereafter be in effect. (Ord ) MEDICAL OR DENTAL OFFICE - A medical or dental office is a facility operated by one (1) physician or dentist and not more than two (2) other employees, and providing health services for out-patient treatment of persons suffering from injuries or from physical or mental ailments. (Ord ) MOBILE HOME means a residential dwelling unit, larger than three hundred twenty (320) square feet of occupied space, designed and built in a factory, which bears a seal certifying that it was built in compliance with the Federal Manufactured Housing Construction and Safety Standards Law (1974 U.S.C et. seq.). Said mobile home may be installed with or without a permanent foundation when connected to required utilities. (Ord ) (Ord ) MOBILE HOME PARK - Any lot or part thereof which is used or offered as a location for two (2) or more mobile homes used for any of the purposes set forth in (Ord ) MOBILE HOME TIE DOWNS; SCHEDULE A means a sufficient anchorage to resist flotation, collapse or lateral movement of any mobile home. At a 10

11 minimum, such anchorage shall consist of (1) over-the-top ties be provided at each of the four (4) corners of the mobile home, with (2) additional ties per side at intermediate locations, with mobile homes less than 50 feet long requiring only one (1) additional tie per side; (2) frame ties be provided at each corner of the home with five (5) additional ties per side at intermediate points and mobile homes less than 50 feet long requiring four (4) additional ties per side; (3) all components of the anchoring system be capable of carrying a force of 4,800 pounds; and (4) any additions to the mobile home be similarly anchored. (Ord ) (Ord ) MOTEL OR MOTOR HOTEL - A series of attached, semi-attached or detached sleeping or living units, for the accommodation of transient guests and not customarily including individual cooking or kitchen facilities, said units having convenient access to off-street parking spaces for the exclusive use of the guests or occupants. (Ord ) MOTOR VEHICLE REPAIR, MAJOR - General repair, rebuilding or reconstruction of engines, motor vehicles or trailers; collision services including body, frame, or fender straightening or repair, overall painting or paint shop, vehicle steam cleaning. (Ord ) MOTOR VEHICLE REPAIR, MINOR - Incidental body or fender work, other minor repairs, painting and upholstering, replacement of parts and motor service to passenger cars and trucks not exceeding one and one-half tons capacity, but not including any operation named under Motor Vehicle Repair, Major, or any other similar thereto. (Ord ) MOTOR VEHICLE OR MOBILE HOME SALES AREA - An open area, other than a street, used for the display, sale or rental of new or used motor vehicles or mobile homes in operable condition and where no repair work is done. (Ord ) MOTOR VEHICLE SERVICE STATION OR FILLING STATION - A place where gasoline or other motor fuel, lubricants, tires, batteries, accessories and supplies, for operating and equipping motor vehicles are sold at retail to the public and deliveries are made directly into or onto motor vehicles, incidental battery, brake, muffler and tire service, washing and polishing. (Ord ) NATURAL RESOURCES means the Indiana Natural Resources Commission. (Ord ) (Ord ) NONCONFORMING USE - A use of a building or land legally existing at the time of adoption of this Ordinance, or any amendment thereto, and which does not conform with the use regulations of the district in which located. (Ord ) OCCUPIED SPACE means the total area of earth horizontally covered by the structure, excluding accessory structures such as, but not limited to, garages, patios and porches. (Ord ) (Ord ) 11

12 PARKING AREA, PRIVATE - An open area for the same uses as a private garage. (Ord ) PARKING AREA, PUBLIC - An open area, other than a street or other public way, used for the parking of automobiles or other motor vehicles and available to the public, whether for a fee, or as an accommodation for clients or customers. (Ord ) PARKING SPACE - An area, either within a structure or in the open, exclusive of driveways or access drives, for the parking of a single motor vehicle. (Ord ) PLANNED DEVELOPMENT PROJECT - A residential or commercial development on a parcel of land in single ownership and consisting of two or more buildings having any yard, court, parking or loading space in common. (Ord ) PUBLIC UTILITY - Any person, firm, corporation, governmental department or board, duly authorized to furnish and furnishing under state or municipal regulation to the public, electricity, gas, steam, transportation, or water. (Ord ) RECREATIONAL VEHICLE - Any portable vehicular structure not built to the Federal Manufactured Housing Construction and Safety Standards Law (1974 U.S.C et seq.), designed to provide temporary living quarters for recreational, camping or travel use, including but not limited to travel trailers, collapsible trailers, truck campers, motor homes and multi-use vans. As such, they are intended for temporary residential uses and shall not be occupied outside an approved Recreational Vehicle Park. (Ord ) (Ord ) REGULATORY FLOOD means that flood having a peak discharge which can be expected to be equaled or exceeded on the average of once in a onehundred year period, as calculated by a method and procedure which is acceptable to and approved by the Indiana Natural Resource Commission. This flood is equivalent to a flood having a probability of occurrence of one percent in any given year. (Ord ) (Ord ) REGULATORY FLOOD PROFILE means a longitudinal profile along the thread of a stream showing the maximum water surface elevation attained by the regulatory flood. (Ord ) (Ord ) RESTAURANT OR EATING AND DRINKING ESTABLISHMENT - A retail establishment primarily engaged in the sale of prepared food and drinks for consumption within the principal building. (Ord ) (Ord ) RESTAURANT OR EATING AND DRINKING ESTABLISHMENT WITH DRIVE-IN SERVICE - A retail establishment designed, in whole or in part, to cater to or accommodate the consumption of food and/or drink in automobiles on the premises of such establishments, including both establishments where customers are served while remaining in their automobiles and those where 12

13 customers serve themselves and may carry the food and/or drink to their automobiles to be consumed. (Ord ) (Ord ) SANITARY LANDFILL - A method disposing of non-hazardous waste refuse or material into the land without creating a nuisance or hazard to public health and safety. No sanitary landfill shall be established, operated or maintained without first obtaining the appropriate permits from the Indiana Environmental Management Board. (Ord ) (Ord ) SIGN - Any writing, pictorial representation, emblem, flag or any other figures of similar character which is a structure or part thereof or is attached or painted on or in any manner represented on a building or structure; and is used to announce, direct attention to, or advertise; and is visible from outside a building. The word sign includes the word billboard but does not include the flag, pennant or insignia of any nation, state, city or other political unit, or of any political, educational, charitable, philanthropic, civic, professional, religious or like campaign, drive, movement, or event. Further, this definition shall not be held to include any board, sign or surface used to display any official notices issued by any court or public office or posted by a public officer in the performance of a public duty. (Ord ) SIGN, AREA OF - The total exterior surface computed in square feet of a sign having but one exposed exterior surface; one-half (1/2) the total of the exposed exterior surface computed in square feet of a sign having more than one (1) such surface. (Ord ) SIGN, ADVERTISING - A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than on the premises where displayed or only incidentally on the premises. (Ord ) SIGN, BUSINESS - A sign which directs attention to an activity, business or profession conducted on the premises where displayed. A real estate sign advertising the sale, rental or lease of the premises on which it is maintained, institutional bulletin boards, and a professional or announcement sign accessory to a home occupation, or dwelling shall not be deemed a business sign. (Ord ) STANDARD, PERFORMANCE - A criterion established in the interest of protecting the public health and safety for the control of noise, odor, smoke, noxious gases and other objectionable or dangerous elements generated by and inherent in, or incidental to, certain uses and activities. (Ord ) STORY - That portion of a building, included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it. (Ord ) STORY, FIRST - The lowest story or the ground story of any building the floor of which is not more than twelve (12) inches below the average level of the adjoining ground at the exterior walls of the building; except that any basement or cellar used as a dwelling shall be deemed the first story. (Ord ) 13

14 STORY, HALF - A story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than three (3) feet above the floor of such story; provided, however, that any partial story used as a dwelling shall be deemed a full story. (Ord ) STORY, MEZZANINE - A story which covers one-third (1/3) or less of the area of the story directly underneath it. A mezzanine story shall be deemed a full story in case it covers more than one-third (1/3) of the area of the story directly underneath it. (Ord ) STREET - A public right-of-way fifty (50) feet or more in width or any such right-of-way less than fifty (50) feet in width provided it existed prior to the adoption of this Ordinance which has been improved and accepted by the responsible local governmental unit for maintenance and which provides a public means of access to abutting property. The term street shall include avenue, drive, circle, road, parkway, boulevard, highway, thoroughfare, or any other similar term. (Ord ) (Ord ) STRUCTURE - Anything constructed, the use of which required permanent location on the ground, or attachment to something having a permanent location on the ground. (Ord ) SUBSTANTIAL MODIFICATION means any alteration, repair, enlargement or extension of an existing building. Such substantial modification is considered to occur when the first alteration of any wall, ceiling, floor or other structural element of the building commences. This term does not, however, include either (1) any project for improvement of a structure to comply with existing health, sanitary or safety code specifications, or (2) any alteration of a structure listed on the National Register of Historic Places or the Indiana State Survey of Historic, Architectural, Archeological and Cultural Sites, Structures, Districts and Objects. (Ord ) (Ord ) TOURIST HOME - A building or part thereof, other than a hotel, boarding house, lodging house, resort or motel, where lodging is provided by a resident family for compensation, mainly for transients. (Ord ) USE - The purpose for which land or a building or structure is arranged, designed or intended, or for which either land or a building or structure is, or may be occupied or maintained. (Ord ) USE - FIRST PERMITTED IN X DISTRICT - A use which in the sequence of successively less restricted districts occurs as a permitted use for the first time in the X District. (Ord ) VARIANCE - A modification of the requirements of this Ordinance, not contrary to the public interest, granted by the Board in specific cases when warranted, in order to alleviate unnecessary and undue hardship which may otherwise ensue through strict application of the provisions of this Ordinance owing to exceptional narrowness, shallowness or shape of a lot, to difficult topography or other peculiar physical conditions of a lot, or to the nature of 14

15 existing uses or structures on adjoining lots - and so that the spirit of this Ordinance shall be observed and substantial justice done. (Ord ) (Ord ) VEHICLE IMPOUND AND STORAGE AREA means a storage area for vehicles that have been removed from the scene of an accident or any vehicle that has been removed from public or private property because such vehicle is wrecked, inoperable or abandoned or any vehicle that has been impounded by action of a law enforcement officer. A vehicle impound storage area shall provide facilities for the parking or storing of vehicles only and shall not include any activities related to the salvage or disassembling of vehicles. A vehicle impound storage area shall not include those areas accessory to a vehicle repair establishment that provide parking facilities for vehicles to be repaired or serviced at said establishment. (Ord ) (Ord ) YARD - An open space other than a court, on a lot, unoccupied and unobstructed from the ground upward except as expressly permitted in this Ordinance. (Ord ) YARD, FRONT - A yard extending across the full width of the lot between any part of a building not hereafter excepted and the front lot line; and the depth of a front yard of the minimum horizontal distance between any part of the building, other than such parts as hereinafter excepted, and the front lot line. (Ord ) YARD, FRONT-LEAST DEPTH, HOW MEASURED - Front yard depths shall be measured from the front lot line to the building line. (Ord ) YARD, REAR - A yard extending across the full width of the lot between a building and the rear lot line; and the depth of a rear yard is the minimum horizontal distance between any part of the building, other than such parts as hereinafter excepted, and the rear lot lines. (Ord ) 15

16 YARD, SIDE - A yard extending between the front yard and the rear yard between a building and the nearest side lot line; and the width of a side yard is the minimum horizontal distance between any part of a building, other than such parts as hereinafter excepted, and the nearest side lot line. (Ord ) YARD, SIDE - LEAST WIDTH, HOW MEASURED - Side yard widths shall be measured from the nearest side lot line and, in case such lot line is a side street lot line, from the right-of-way line of the existing streets provided, however, that if a proposed right-of-way line of such street has been officially established, then the required side yard least width shall be measured from such proposed right-of-way line. (Ord ) ZONING INSPECTOR - The Zoning and Subdivision Administrator of the City of Richmond, Indiana or his authorized representative. (Ord ) ZONING MAP - The Zoning Map or Maps of the City of Richmond, Indiana dated the third of June, 1968, together with all amendments subsequently adopted. (Ord ) 16

17 DISTRICTS AND BOUNDARIES THEREOF DIVISION OF CITY INTO DISTRICTS For the purpose of this Ordinance, the City of Richmond is hereby divided into eighteen (18) categories of zoning districts as follows: Residence districts (a) R-1 One-Family Residence District (b) R-2 One-Family Residence District (c) R-3 One-to-Eight Family Residence District (d) R-4 Multi-Family Residence District (e) O-1 Greenbelt District (f) A-1 Agricultural District (Ord ) Nonresidence districts (a) C-1 Limited Commercial District (b) C-2 Commercial District (c) C-3 Central Business District (d) C-4 General Business District (e) M-1 Light Industrial District (f) M-2 General Industrial District (g) AZ Airport Zone District (Ord ; ) (h) Visual Enhancement District (Ord ) (i) FH Flood Hazard District (Ord ; Ord ) (j) SU Special Use District (Ord ) DISTRICTS AND BOUNDARIES ESTABLISHED Said several districts and boundaries thereof are hereby adopted and established as shown on the Zoning Map of the City of Richmond, Indiana which map together with all notations, references, data, district boundaries and other information shown thereon shall be and are hereby made a part of this Ordinance. Said Zoning Map, properly attested, shall be and remain on file in the office of the Zoning Inspector DISTRICT BOUNDARIES Except where referenced on said map to a street or alley lines or other designated line by dimensions shown on said map, the district boundary lines follow lot lines or the center lines of streets or alleys as they existed at the time of the adoption of this Ordinance; but where a district line obviously does not coincide with the lot lines or such center lines or where it is not designated by dimensions, it shall be determined by scaling. 17

18 LOT DIVIDED - EXTENSION OF DISTRICT Where a district boundary line established in this Article or as shown on the Zoning Map divides a lot which was in single ownership at the time of enactment of this Ordinance, the use authorized thereon and the other district requirements applying to the least restricted portion of such lot under this Ordinance shall be considered as extending to the entire lot, provided the more restricted portion of such lot is entirely within twenty-five (25) feet of said dividing district boundary line. The use so extended shall be deemed to be conforming UNCERTAINTY AS TO BOUNDARIES - INTERPRETATION All questions concerning the exact location of district boundary lines shall be determined by the Zoning Inspector. Any person aggrieved by such decision of the Zoning Inspector may appeal such decision to the Board of Zoning Appeals pursuant to Article 61 hereof. (Ord ) VACATED STREET OR ALLEY Whenever any street, alley or other public way is vacated by official action as provided by law, the zoning district adjoining the side of such public way shall be extended automatically, depending on the side or sides to which such lands revert, to include the right-of-way thus vacated, which shall henceforth be subject to all regulations of the extended district or districts PROPERTY NOT INCLUDED In every case where property has not been specifically included within a district, the same is hereby declared to be in the R-1 District. (Ord ) EFFECTS OF DISTRICTING AND GENERAL REGULATIONS CONFORMANCE REQUIRED Except as hereinafter specified, no land, building, structure or premises shall hereafter be used, and no building or part thereof, or other structure shall be located, erected, moved, reconstructed, extended, enlarged or altered except in conformity with the regulations herein specified for the district in which it is located; such regulations including, but without limitation, the following: the use of buildings, structures or land, including performance standards for the control of any dangerous and objectionable elements, as defined herein, in connection with such use; the height, size or dimensions of buildings or structures; the size or dimensions of lots, yards and other open spaces surrounding buildings; the provision, location, size, improvement and operation of off-street parking, loading and unloading space. 18

19 ADDITIONAL USES - COMMISSION DETERMINATION Uses other than those specifically mentioned in this Ordinance as permitted uses in each of the districts may also be allowed therein, except for uses prohibited therein or which are first permitted in a less restrictive district and provided that, in the judgement of the Commission as evidenced by resolution of record, such other uses are of similar character to those mentioned and will have no adverse influence or no more adverse influence on adjacent properties or the neighborhood or the community than the permitted uses specifically mentioned for the District ADDITIONAL PROHIBITED USES - COMMISSION DETERMINATION Uses other than those specifically prohibited in this Ordinance in any district shall also be prohibited therefrom, provided that in the judgement of the Commission, as evidenced by resolution of record, such other uses are similar in character to those specifically prohibited in that they would have similar or more serious adverse influence on adjacent properties or the neighborhood or the community than the uses specifically mentioned as prohibited in the district REAR DWELLINGS IN R-DISTRICT In any R-District, no building in the rear of a principal building on the same lot shall be used for residential purposes TRANISITIONAL USES IN R-DISTRICT In any R-1, R-2, or R-3 District a transitional use shall be permitted on a lot, the side lot line of which adjoins either directly or across an alley any C or M- District. The permitted transitional uses for any such lot in the R-1 District shall be any use permitted in the R-2 District, the permitted transitional uses for any such lot in the R-2 District shall be any use permitted in the R-3 District, and the permitted transitional uses for any such lot in the R-3 District shall be any use permitted in the R-4 District. The requirements governing lot area per dwelling unit, off-street parking, yards and other open spaces shall be those of the R-2 District for any such lot in the R-1 District, those of the R-3 District for any such lot in the R-2 District and those of the R-4 District for any such lot in the R-3 District ACCESSORY USES IN R-DISTRICTS Accessory buildings in R-districts - General An accessory building may be erected detached from the principal building or may be erected as an integral part of the principal building, or it may be connected therewith by a breezeway or similar structure. Except as provided in no accessory building shall be erected in any required yard or court, except a rear yard, and shall not occupy more than thirty-five (35) percent of a required rear yard. Accessory buildings shall be distant at least six (6) feet from any dwelling situated on the same lot, unless an integral part thereof, and at 19

20 least six (6) feet from all lot lines of adjoining lots which are within any R-District unless located more than fifty (50) feet from the front street line Accessory buildings in R-district - Corner lots In any R-District where a corner lot adjoins in the rear lot fronting on the side street and located in any R-District, no part of an accessory building on such corner lot within twenty-five (25) feet of the common lot line shall be nearer a side street lot line than the least depth of the front yard required along such side street for a dwelling on such adjoining lot; and in no case shall any part of such accessory building be nearer to the side street lot line than the least width of the side yard required for the principal building to which it is accessory Accessory buildings in R-districts - Front setback No accessory use or structure in any R-District, except an off-street parking area subject to the provisions of , shall be permitted nearer to any front lot line than fifty (50) feet, unless such use or structure is contained within, or connected to, the principal structure Accessory buildings in R-districts - Yard requirements Except as provided in , an accessory building, if not located in the rear yard shall be an integral part of, or connected with, the principal building to which it is accessory, and shall be so placed as to meet all yard and court requirements for a principal building of the same height and other dimensions as said accessory building. Where an accessory building is located more than fifty (50) feet from the front street line it may be located within three (3) feet of the side or rear lot lines Accessory buildings in R-districts - Without main buildings SIDE YARD In any R-District no accessory building or structure shall be erected or constructed prior to the erection or construction of the principal or main building. There shall be a side yard on each side of all buildings in the R-District as specified in each district. The side yard on the street side of a corner lot shall be six (6) feet more than the side yard required in each district for an interior lot TRAFFIC VISIBILITY ACROSS CORNER LOTS In any R-District on any corner lot, no fence, structure or planting shall be erected or maintained within twenty (20) feet of the corner (the point of intersection of the right-of-way lines) which interferes with traffic visibility across the corner PARKING OF TRUCKS IN R-DISTRICT 20

21 No truck or other commercial vehicle of a rated weight of more than one and one-half ton shall be parked on any street or on any residential premises in any R-District for any consecutive period of four (4) hours or more; provided that nothing herein shall prevent the parking of such vehicle in a fully enclosed garage or similar permanent structure YARD REQUIREMENTS ALONG ZONING BOUNDARY LINE IN THE LESS RESTRICTED DISTRICT Along any zoning boundary line on a lot in the less restricted district, a front yard facing a lot in the more restricted district and any side yard, rear yard or court abutting said zoning boundary line, unless subject to greater restrictions or requirements stipulated by other provisions of this Ordinance, shall have a minimum depth and width equal to the average of the required minimum depth or width for such front yards, side yards, rear yards or courts in the two districts on either side of such zoning boundary line. In cases where the height of a proposed structure on such lot in the less restricted district is greater than the maximum height permitted in the adjoining side yard, rear yard or court for such structure shall be determined by increasing the minimum depth or width for the highest structure permitted in such more restricted district by one (1) foot for each two (2) feet by which the proposed structure exceeds the maximum height permitted in said more restricted district PERFORMANCE STANDARDS - COMPLIANCE Even though compliance with performance standards procedure, , may not be expressly required for a particular use, initial and continued compliance with performance standards is required of every use STREET FRONTAGE REQUIRED Except as permitted by other provisions of this Ordinance, no lot shall contain any building used in whole or in part for residential purposes unless such lot abuts for at least forty (40) feet on a street; and there shall be not more than one (1) single-family dwelling for such frontage REQUIRED AREA OR SPACE CANNOT BE REDUCED No lot, yard, court, parking area or other space shall be reduced in area or dimension so as to make said area or dimension less than the minimum required by this Ordinance. No part of a yard, court, parking area, or other space provided about, or for any building or structure for the purpose of complying with the provisions of this Ordinance shall be included as part of a yard, court, 21