HomeMy WebLinkAbout2008-OR-32Ordinance 2008-OR- ~~
AN ORDINANCE AMENDING
CERTAIN ARTICLES IN THE JEFFERSONVILLE ZONING CODE
AS THEY RELATE TO MULTI-FAMILY ZONING STANDARDS
WHEREAS, the Jeffersonville City Council is vested with the power, duty and
obligation to enact ordinances and laws that are designed to provide for public safety,
health and welfare of the citizens of Jeffersonville, Indiana;
WHEREAS, in an effort to protect and assure the public health, safety and
welfare the City of Jeffersonville developed a Comprehensive Plan pursuant to statute
and law;
WHEREAS, the purpose of the Comprehensive Plan is to guarantee continuity in
the development of the city and to insure that the development of the city promotes the
public health, safety and welfare and is in the best interest of the citizens and
government;
WHEREAS, upon the completion of the Comprehensive Plan the city has
entered into a contractual agreement with Ground Rules, Inc. an Indianapolis, Indiana
corporation, to update and develop the city's local zoning ordinances and subdivision
standards and construction ordinances in a manner consistent with the findings of the
Comprehensive Plan;
WHEREAS, the City of Jeffersonville, the council and its subdivisions have the
authority pursuant to Indiana law and local ordinance to develop zoning ordinances,
establish construction standards and development standards that are promulgated for
the purpose of providing for the public health, safety and welfare;
WHEREAS, by virtue of the relatively higher density of multi-family residential
developments, increased numbers of persons are concentrated into a smaller
geographic area, exacerbating concerns over the adequacy of design parameters,
including but not limited to consideration for fire protection, crime prevention, recreation
and open space areas, and other amenities the provide residents of multi-family
dwelling units which define their quality of life;
WHEREAS, multiple family residential development increases the demand for
Emergency Services responses by concentrating greater numbers of persons in smaller
geographic areas, warranting particular study attention;
WHEREAS, concerns have been expressed by the city council members as to
the adequacy of the City's current multi-family residential development standards as it
relates to the facilitation of the City's ability to respond to Emergency Service needs,
and to adequately anticipate and implement crime prevention techniques that should be
considered as a part of the multi-family residential development process;
WHEREAS, by virtue of the relatively higher density of multi-family residential
developments, increased numbers of young citizens are concentrated into a smaller
geographic area, exacerbating concerns over the adequacy of the Greater Clark County
School Corporation to provide for schools, educational needs and other necessary
services for young Jeffersonville residents;
WHEREAS, by virtue of the relatively higher density of multi-family residential
developments an increase in the stress upon the City's infrastructure, sewers, roads
and streets, police, fire and schools will naturally occur. The increase upon these
services can result in an increased reliance upon the taxpayer to fund these needs by
paying additional tax revenue;
WHEREAS, in order to insure that the city's zoning ordinances are consistent
with the comprehensive plan it is necessary that the city Amend certain Articles of the
Jeffersonville Zoning Ordinance as they relate to multi-family zoning standards;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
JEFFERSONVILLE DOES HEREBY ORDAIN AS FOLLOWS:
One: That the Jeffersonville Common Council has reviewed the proposed
Amendment to Articles 1, 2, 3, 7, and 14 of the Jeffersonville Zoning Code
as they relate to Multi-Family Zoning Standards, such proposed
Amendment being attached hereto as Appendix "A";
Two: That the Jeffersonville Common Council has considered the proposed
Amendment with regard to:
(1) the comprehensive plan;
(2) current conditions and the character of current structures and uses in
each district;
(3) the most desirable use for which the land in each district is adapted;
(4) the conservation of property values throughout the jurisdiction; and
(5) responsible development and growth;
THREE; That the proposed Amendment to Articles 1, 2, 3, 7, and 14 of the
Jeffersonville Zoning Code as they relate to Multi-Family Zoning
Standards is hereby enacted by the Jeffersonville Council, and the
Amended Articles attached as Appendix "A" are hereby adopted to
replace Articles 1, 2, 3, 7, and 14 of the Jeffersonville Zoning Code as
they relate to Multi-Family Zoning Standards.
So Certified this 29`" day of April, 2008. /
PuEdent, Jeffersonville an Commission
Attest:
Secretary, Jefferso ille Plan Commission
This Ordinance shall be in full force and effect from and after its passage and approval.
Passed this ~ day of ~~e , 2008. ~
~s.
homas Galligan, resi in fTcer
ATTEST:
Pegg}s WYlder
Clerk and Treasurer
Presented by me as Clerk and Treasurer to the Mayor of said City of Jeffersonville
this ~ day of ~xx-~a , 2008n
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Pegg ilder
Clerk and Treasurer
This Ordinance approved and signed by me this day of ~ ~P , 2008.
~` 2
omas Galligan, ay r
A CERTIFICATION OF THE PROPOSED ORDINANCE AMENDING
CERTAIN ARTICLES IN THE JEFFERSONVILLE ZONING CODE
AS THEY RELATE TO MULTI-FAMILY ZONING STANDARDS, FAVORABLY
RECOMMENDING SAID ORDINANCE TO THE COMMON COUNCIL FOR THE CITY
OF JEFFERSONVILLE. INDIANA
WHEREAS, the Jeffersonville Plan Commission is vested with the power, duty
and obligation to certify, pursuant to I.C. 36-7-4-605, recommendations to the
Jeffersonville Common Council regarding zoning ordinances and laws that are
designed to provide for public safety, health and welfare of the citizens of Jeffersonville,
Indiana;
WHEREAS, in an effort to protect and assure the public health, safety and
welfare the City of Jeffersonville developed a Comprehensive Plan pursuant to statute
and law;
WHEREAS, the purpose of the Comprehensive Plan is to guarantee continuity in
the development of the city and to insure that the development of the city promotes the
public health, safety and welfare and is in the best interest of the citizens and
government;
WHEREAS, upon the completion of the Comprehensive Plan the city has
entered into a contractual agreement with Ground Rules, Inc. an Indianapolis, Indiana
corporation, to update and develop the city's local zoning ordinances and subdivision
standards and construction ordinances in a manner consistent with the findings of the
Comprehensive Plan;
WHEREAS, the City of Jeffersonville, the council and its subdivisions have the
authority pursuant to Indiana law and local ordinance to develop zoning ordinances,
establish construction standards and development standards that are promulgated for
the purpose of providing for the public health, safety and welfare;
WHEREAS, by virtue of the relatively higher density of multi-family residential
developments, increased numbers of persons are concentrated into a smaller
geographic area, exacerbating concerns over the adequacy of design parameters,
including but not limited to consideration for fire protection, crime prevention, recreation
and open space areas, and other amenities the provide residents of multi-family
dwelling units which define their quality of life;
WHEREAS, multiple family residential development increases the demand for
Emergency Services responses by concentrating greater numbers of persons in smaller
geographic areas, warranting particular study attention;
WHEREAS, by virtue of the relatively higher density of multi-family residential
developments, increased numbers of young citizens are concentrated into a smaller
geographic area, exacerbating concerns over the adequacy of the Greater Clark County
School Corporation to provide for schools, educational needs and other necessary
services for young Jeffersonville residents;
WHEREAS, by virtue of the relatively higher density of multi-family residential
developments an increase in the stress upon the City's infrastructure, sewers, roads
and streets, police, fire and schools will naturally occur. The increase upon these
services can result in an increased reliance upon the taxpayer to fund these needs by
paying additional tax revenue;
WHEREAS, the Common Council for the City of Jeffersonville has enacted a
moratorium upon Multi-Family Development in order to provide an opportunity for the
Jeffersonville Plan Commission and Common Council to update and develop the city's
local zoning ordinances and subdivision standards and construction ordinances as they
relate to Multi-Family Development;
NOW, THEREFORE, THE JEFFERSONVILLE PLAN COMMISSION, DOES
CERTIFY AND RECOMMEND AS FOLLOWS:
One: That the Plan Commission has reviewed the proposed Ordinance to
Amend Articles 1, 2, 3, 7, and 14 of the Jeffersonville Zoning Code as
they relate to Multi-Family Zoning Standards.
Two: That the Plan Commission has considered the proposed Amendment with
regard to:
(1) the comprehensive plan;
(2) current conditions and the character of current structures and uses in
each district;
(3) the most desirable use for which the land in each district is adapted;
(4) the conservation of property values throughout the jurisdiction; and
(5) responsible development and growth;
THREE: That the proposed Ordinance to Amend Articles 1, 2, 3, 7, and 14 of the
Jeffersonville Zoning Code as they relate to Multi-Family Zoning
Standards is certified to the Common Council of the City of Jeffersonville
with a favorable recommendation from the Plan Commission, pursuant to
I.C. 36-7-4-607, said Ordinance reading in words and figures as follows:
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II
Article One
Basic Provisions
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Article One
Basic Provisions
1.1 Title
This Ordinance shall be formally known as the "Jeffersonville Zoning Ordinance," and it may be cited and
referred to as the "Zoning Ordinance," or as the "Zoning Code."
1.2 Defined Words
Words used in a special sense in this Ordinance are defined in Article Fourteen.
1.3 Authority
This Zoning Ordinance is adopted by the City pursuant to its authority under the laws of the State of Indiana,
36-7-4 et seq, Whenever codes cited in this ordinance refer to Indiana Code which has been amended or
superseded, this Ordinance shall be deemed amended in reference to the new or revised code.
1.4 Purpose
This Ordinance is intended to guide the growth and development of the City in accordance with the goals,
objectives, and strategies stated within the Jeffersonville Comprehensive Plan and for the following purposes:
A. To secure adequate light, air, and convenience of access; and safety from fire, flood, and other dangers.
B. To promote the public health, safety, comfort, convenience, morals and general welfare.
C. To plan for the future development of the City to the end:
a. That the community grows only with adequate public ways, utility, health, educational and recreational
facilities;
b. That the needs of agriculture, industry and business are recognized in future growth;
c. That residential areas provide healthful surroundings for family life;
d, That the growth of the community is commensurate with and promotes the efficient and economical
use of public funds; and
e. That the community strive for high aesthetic value and quality planning and design.
1.5 Compliance
No structure shall be located, erected, constructed, reconstructed, moved, altered, converted, enlarged or used,
nor shall any piece of land be used, nor shall any existing use be expanded except when in full compliance
with all provisions of this Ordinance and the permits and certificates required by this Ordinance have lawfully
been issued.
1.6 Severability
If any provision or the application of any provision of this Ordinance is held unconstitutional or invalid by the
courts, the remainder of the Ormnance or the application of such provision to other circumstances shall not be
affected.
1. 7 Interpretation
The provisions of this Ordinance are the minimum requirements necessary for the protection of the health,
safety, comfort, morals, convenience and general welfare of the people at large. The provisions are also
designed to establish and maintain reasonable community standards for the physical environment If two or
more provisions within this ordinance are in conflict or are inconsistent with one another, then the provision
which is most restrictive shall control.
1-2 ---..'
Jeffersonville Zoning Ordinance
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1.8 Ordinance Jurisdiction
This Ordinance applies to all land within the City of Jeffersonville, Indiana, and all land within two (2) miles
of the corporate limits of the City that have been adopted as fringe areas on the official Zoning Map,
1.9 Application
When this Ordinance along with private covenants, private contracts, commitments, permits, agreements,
state laws, federal laws or other regulations regulates a structure or parcel of land, the greater restriction shall
control. ,
1.10 Saving Provision
This Ordinance shall not be construed as eliminating or reducing any action now pending under, or by virtue
of, an existing law or previous zoning ordinance. Also, this Ordinance shall not be construed as discontinuing,
reducing, modifYing, or altering any penalty accruing or about to accrue.
1.11 Repealer
The City of Jeffersonville Zoning Code of June I, 1991, Ordinance No. 91-0R-l 8 and its associated Zoning
Map are hereby repealed. This Jeffersonville Zoning Ordinance and the referenced and updated Official
Zoning Map replace the repealed ordinances.
1.12 Transition Rules
A. Any application for an Improvement Location Permit that has been filed with the Plan Commission or
its designees and is full and complete, prior to the effective date of this Ordinance, shall be regulated by
the terms and conditions of the Zoning Ordinance that was in place at the time of filing. However, all
administrative procedures and penalties shall follow those set forth by this Zoning Ordinance.
B. Any application for a Zone Map Amendment that was filed with the Plan Commission or its designees,
and is full and complete prior to the effective date of this Ordinance, shall continue through the process
to completion pursuant to the terms and conditions of the Zoning Ordinance that was in place at the time
of filing. However, if the proposed use would no longer be permitted in the proposed zoning district or
the proposed zoning district no longer exists in the new ordinance, the Planning Director shall amend the
application such that the request for rezoning would accomplish the same end goal for the applicant.
C. Any application before the Board of Zoning Appeals (i.e. special exception, use variance, development
standards variance) that has been filed with the BZA or its designees and is full and complete, prior to the
effective date of this Ordinance, shall continue the process pursuant to the terms and conditions of the
Subdivision Control and Zoning Ordinances that were in place at the time of filing, provided that:
a. If such application is no longer required by the terms of this Ordinance, the application will be
dismissed; or,
b. If the proposed use or development requires additional approvals from the Board of Zoning Appeals
pursuant to the terms of this Ordinance that were not required under the previous Ordinances, the
application will be amended to include only those additional approvals that are now required and
within the jurisdiction of the Board of Zoning Appeals.
D. All new building sites shall meet the requirements of this Ordinance unless:
a. A Building Permit was issued and is stil! valid, or
b. A parcel was approved as a buildable lot by the Plan Commission or the Board of Zoning Appeals
prior to the effective date of this Ordinance.
Article One: Basic Provisions
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1.13 Effective Date
This Ordinance shall become effective on May 27, 2008.
This Ordinance was approved by the Mayor and the City Council of Jeffersonville, Indiana on the
day of April, 2008.
Thomas Galligan, Mayor
ATTEST:
Clerk. Treasurer
1-4
Jeffersonville Zoning Ordinance
Article Two
General Zoning Districts
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Article Two
General Zoning Districts
2.1 Establishment of Districts
Each of the districts stand alone and are not a part of a hierarchy system of zoning. For example, what is per-
mitted in the C I district is NOT permitted in the C2 district.
Only those uses and development standards which are expressly permitted and noted for each district apply.
For the purpose of this Ordinance, the Planning Jurisdiction is divided into the following zoning districts for
the general uses as stated:
RI-Low Density Residential (Pa!!e 3-2 and 3-3): This district is established for single family, detached,
medium sized homes and medium sized lots.
R2-Medium Density Residential (Pa!!e 3-4 and 3-5): This district is established for single family, de-
tached, small to medium sized homes, and medium sized lots.
RJ-Old City Residential (Pa!!e 3-6 and 3-7): This district is established for existing older neighborhoods
in the City of Jeffersonville.
MI-Low Density Multifamily Residential (Pa!!e 3-8 and 3-9): Thisdistrict is established for duplex,
"paired patio," triplex, quadplex, and similar types of developments.
M2-Medium Density Multifamily Residential (Pa~e 3-10 and 3-11 ): This district is established for small-
scale multifamily apartment or condominium developments.
M3-Hi~h Density Multifamily Residential (Palle 3-12 and 3-13): This district is established for medium
to large sized multifamily developments.
Ml-Limited Multifamilv Residential (Pa!!e 3-14 and 3-15): This district is established for small-scale
multifamily developments.
M2-GeneraJ Multifamily Residential CPa!!e 3-16 and 3-17): This district is established for medium to
large sized multifamily developments.
MP-MobiJe Home Park (Pa~e 3-18 and 3-19): This district is established for leased lot developments
(typically mobile or manufactured home parks) which typically lease dwelling sites for single-wide and
double-wide manufactured homes.
IS-Institutional Uses (Pa~e 4-2 and 4-3): This district is established for institutional and municipal owned
lands, both public or quasi-public, where the use is for public purpose and is anticipated to remain permanent.
PR-Parks and Recreation (Pa!!e 4-4 and 4-5): This district is established for parks, open space, and recre-
ational areas both public and private.
NC-Nei!!hborhood Commercial (Pa!!e 4-6 and 4-7): This district is established for small scale businesses
that provide products and services primarily to local neighborhoods.
OC-Office Commercial (Pa!!e 4-8 and 4-9): This district is established for small to moderate scale office
uses with provisions for some complementary uses.
DC-Downtown Commercial (Pa!!e 4-10 and 4-11): This district is established for special issues and land
use goals for the downtown area in Jeffersonville.
HC-Hi~hwav Commercial (Pa~e 4-12 and 4-13): This district is established for the special issues related
to commercial developments in interchange areas.
I-I
Jeffersonville Zoning Ordinance
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Cl--8mall to Medium Scale General Commercial (Pa!!e 4-14 and 4-15): This district is established for a
wide variety of retail, commercial, service, entertainment, and eating establishments that are small to medium
in scale.
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C2-Medium to Lar!!e Scale General Commercial (Pa!!e 4-16 and 4-17): This district is established for a
wide variety of retail, commercial, service, entertainment, and eating establishments that are medium to large
in scale.
NI-Neil;:hborbood Industrial (Pa!!e 4-18 and 4-19): This district is established for existing industrial uses
in older areas of Jeffersonville.
II-Business Park/Li!!bt Industrial (Pa!!e 4-20 and 4-21): This district is established for small business
parks, light manufacturing facilities, light manufacturing parks and utility usage.
U-Industrial Park/Heavv Industrial (Pa!!e 4-22 and 4-23): This district is established for large industrial
parks, manufacturing facilities, manufacturing parks and utility usage.
2.2 Establishment of Overlay Districts
For the purpose of this ordinance three (3) Overlay Districts have been established as stated below.
CC-OL- Commercial Corridor Overlay (Pa!!e 5-2): This district is established to promote community
character and aesthetics goals and objectives along key corridors.
UP-OL-Utica Pike Overlay (Pa~e 5-3): This district is established to promote and preserve the scenic and
natural character of the Utica Pike corridor.
WH-OL--Wellhead Protection Overlav (Pa~e 5-4): This district is established to protect the integrity and
drinkability of the community's public water supply.
2.3 Planned Development Districts
The provisions of this ordinance aJIow the RI, R2, MI, M2, OC, He, CI, C2, II and 12 districts to be rezoned
for a planned development. No other districts can be rezoned into a planned development district.
On the Official Zoning Map a planned development district, once rezoned, shall be labeled as PO followed by
the district it was created from. The following are the appropriate labels for Planned Development Districts:
PD-RI, PD-R2, PD-MI, PD-M2, PD-OC, PO-He, PD-CI, PD-C2, PO-II and PD-I2.
The provisions that regulate Planned Developments can be found in Article 8 beginning on page 8-2.
2.4 District Land Uses
Land uses are either Permitted, Non-Permitted or a Home occupation in each Zoning District. Jeffersonville's
permitted and special exception uses for each district are noted in the Permitted Use and Special Exception
columns in Article 3 and 4. These articles represent three (3) categories of Zoning Districts. They are:
Residential Districts (Article 3) found on page 3-1;
Institutional, Commercial, and Industrial Districts (Article 4) found on page 4-1; and,
Overlay Districts (Article 5) found on page 5-1.
2.5 Unlisted or Questionable Land Uses
Any land use not listed as a Permitted Use or Special Exception is considered Non-Permitted unless the Plan
Commission or Planning Director makes a determination otherwise. The Plan Commission or Planning Direc-
tor may determine into which category. if any, that a questionable use may be placed if it is not specifically
listed and is significantly similar to another use that is Permitted by right or as a Special Exception. This deter-
mination may be appealed to the Board of Zoning Appeals.
Article Two: General Zoning Districts
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Article Three
Residential
Zoning Districts
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"R1" District
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3.1
"R1" District Intent, Permitted Uses, and Special Exception Uses
District Intent Permitted Uses
The "R1" (Low Density Residential) Residential
District is intended to provide a . child care home (owner-occupied)
land use category for medium lots . dwelling, single family
and medium-sized single fa.m.i1y . residential facility for developmentally
detached home.s. The provl~lo'."S disabled (4 bedrooms or Jess)
that regulate this land use district . residential facility for mentally 111
should protect, promote and
maintain areas in Jeffersonville for (4 bedrooms or less)
existing and future housing growth. Miscellaneous
. accessory uses
. home occupation #1
Jeffersonville's Plan Commission
and Board of Zoning Appeals
should strive to protect this district
from conflicting land uses, and
non-family oriented businesses.
The Plan Commission and Board
of Zoning Appeals should strive
to promote an average net density
of 3 to 4 dwelling units per acre
community-wide in the "R1" district.
Special Exception Uses
Residential
. residential facility for developmentally
disabled (over 4 bedrooms)
Business: Recreation
. golf course
Institutional/Public Facilities
. public park/recreational center
. church, temple, or mosque
Comm u n ication/Utility
. public well
. telecommunication facility
Miscellaneous
. artificial lake or pond over one (1) -acre
in size
. home occupation #2
3-1
jeffersonville loning Ordinance
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"R1 It District
3.2 "R1" District Development Standards
~ I-- Lot Fr~age --j R.~.w.
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R.O.W. = As Oefined on Thoroughfare Plan
Minimum Lot Area:
.10,000 square feet
Minimum Lot Width:
. 70 feet
Maximum Lot Depth:
.2.5 times the Lot Width
Minimum Lot Frontage:
.50 feet on a Public Street with access
from said Public Street
Sewer and Water:
. Requires municipal water and sewer
hookup
Accessory Structures
mechanical
is exempt
chimneys are
exempt
Flat Roof Structures Gable Roof Structures
(from highest (from highest gable roof)
section of fiat roof)
Maximum Structure Height:
. 35 feet for the Primary Structure
. 18 feet for Accessory Structures
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RO.W. = As Defined on Thoroughfare Plan
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R.O.w.
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Minimum Front Yard Setback:
. 30 feet when adjacent to an Arterial
.25 feet when adjacent to a Local Street
Minimum Side Yard Setback:
. 10% of the Jot width per side Yard for
Primary and Accessory Structures
Minimum Rear Yard Setback:
. 20 feet for the Primary Structure
. 5 feet for Accessory Structures
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R.O. W. = As Defined on Thoroughfare Plan
R.o.W.
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Maximum Lot Coverage:
. Square footage of all Primary and
Accessory Structures, and impervious
surface cannot exceed 35% of the Lot
Area
Minimum Main Floor Area:
. 1,500 square feet for one story Primary
Structures; or
. 1,100 square feet for the first floor of
the Primary Structure, provided that
the total Finished Floor Area is 1,500
square feet or more
Additional Development Standards that Apply
Lot, Yard, and Density (LY)
. LY-01 ................. Page 7-3
. ~f~g~~.~~.:.~........ Page 7-4
Accessory Structure (AS)
. AS-01 ................. Page 7-5
. AS-02 ................. Page 7-6
Fences and Walls (FW)
. FW-01................. Page 7-8
Temporary Uses (TU)
.TU-01..................Page 7-9
. TU-02 .................. Page 7-9
Home Occupation (HO)
. HO-01............... Page 7-10
. HO-02............... Page 7-11
Public Improvement (PI)
. PI-01.................Page 7-13
Landscaping (LA)
. LA-01..............Page 7-14
. LA-02.............. Page 7-15
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Environmental IEN)
. EN-01 ............... Page 7-25
Floodplain (FP)
. FP-01 ...............Page 7-27
Performance (PF)
. PF-01 ............... Page 7-30
Lighting (LT)
. LT-01 ................ Page 7-31
General Signs (GS)
. GS-01.............. Page 7-32
Temporary Signs (TS)
. TS-01 .............. Page 7-34
Permanent Signs (PS)
. PS-01 .............. Page 7-35
Parking (PK)
. PK-01.......... Page 7-39
. PK-07 ............. Page 7-41
. PK-08 . Page 7-43
. PK-09........ Page 7-43
Entrances/Drives (ED)
. ED-01...............Page 7-45
Vision Clearance (VC)
. VC-01............... Page 7-47
Telecommunication
Facilities (TC)
. TC-01 ............... Page 7-48
. TC-02 ............... Page 7-51
Special Exception (SE)
. SE-01 ............... Page 7-54
Miscellaneous (MC)
. MC-02 .............. Page 7-58
. MC-04............ Page 7-58
. MC-06........... Page 7-58
Article Three: Residential Zoning Districts
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"R2" District
3.3 "R2" District Intent, Permitted Uses, and Special Exception Uses
District Intent Permitted Uses
The "R2" {Medium Density Residential
Residential) District is intended . child care home (owner-occupied)
to provide a land use category . dwelling, single family
for medium lots and small-sized . residential facility for developmentally
single family detached homes. The disabled (4 bedrooms or less)
provisions that regulate this land . residential facility for mentally ill
use district should protect, promote (4 bedrooms or less)
and maintain areas in Jeffersonville
for existing and future housing Miscellaneous
growth. . accessory uses
. home occupation #1
Jeffersonville's Plan Commission
and Board of Zoning Appeals
should strive to protect this district
from conflicting land uses, and
non-family oriented businesses.
The. Plan Commission and Board of
Zoning Appeals should also strive
to promote an average net density
of 4 to 6 dwelling units per acre
community-wide in the
"R2" district.
Special Exception Uses
Residential
. bed and breakfast
. residential facility for developmentally
disabled (over 4 bedrooms)
Business: Recreation
. golf course
Business: Personal Service
. child care center (day care)
Institutional/Public Facilities
. public park/recreational center
. church, temple, or mosque
Commu n ication/Utility
. public well
. telecommunication facility
Miscellaneous
. home occupation #2
Miscellaneous Standards
Incentives
. Developments of five (5) acres or more
may reduce the minimum lot area under
certain parameters as outlined in Article
Nine of this Ordinance.
Process
. Developments requesting incentives
(above) require development plan
review as defined in Article 9 of this
Ordinance.
3-4
jeffersonville Zoning Ordinance
"R2" District
Lot Width
3.4 "R2" District Development Standards
~ t-- Lot Fron'tage ---j R.~.W.
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R.o.w. = As Defined on Thoroughfare Plan
Minimum Lot Area:
.7,500 square feet
Minimum Lot Width:
. 50 feet
Minimum Lot Frontage:
.35 feet on a Public Street with access
from said Public Street
Sewer and Water:
. Requires municipal water and sewer
hookup
Accessory Structures
mechanical
is exempt
i
I-
I Building I
! Height I
chimneys are
exempt
Flat Roof Structures Gable Roof Structures
(from highest (from highest gable roof)
section of ijat roof)
Maximum Structure Height:
.35 feet for the Primary Structure
. 18 feet for Accessory Structures
r
g.
o
"
"0
5'
~/
R.O.W.::: As Defined on Thoroughfare Plan
R.OW.
I
Minimum Front Yard Setback:
.30 feet when adjacent to an Arterial
.25 feet when adjacent to a Local Street
Minimum Side Yard Setback:
.7 feet per side for the Primary Structure
.3 feet per side for Accessory Structures
Minimum Rear Yard Setback:
.20 feet for the Primary Structure
. 3 feet for Accessory Structures
~/
R.O.W. ::: As Defined on Thoroughfare Plan
R.O.W.
I
Maximum Lot Coverage:
. Square footage of all Primary and
Accessory Structures, and impervious
surface cannot exceed 45% of the Lot
Area
Minimum Main Floor Area:
.1,200 square feet for one story Primary
Structures; or
.900 square feet for the first floor of the
Primary Structure, provided that the total
Finished Floor Area is 1,200 square feet
or more
Additional Development Standards that Apply
Lot, Yard, and Density (LY)
. LY-01 .................. Page 7-3
. ~t8~~.~~.~~........ Page 7-4
Accessory Structure (AS)
. AS-01 ................. Page 7-5
. AS-02 ................. Page 7-6
Fences and Walls (FW)
. FW-OL.............. Page 7-8
Temporary Uses (TU)
.TU-01..................Page 7-9
. TU-02 .................. Page 7-9
Home Occupation (HO)
. HO-01............... Page 7-10
. HO-02............... Page 7-11
Public Improvement (PI)
. PI-01................. Page 7-13
Landscaping (LA)
. LA-01................ Page 7-14
. LA-02................ Page 7-15
Expressway Buffer (EBI
. EB-01 ............... Page 7-24
Environmental (EN)
. EN-01 ............... Page 7-25
Floodplain (FP)
. FP-01 ............... Page 7-27
Performance (PF)
. PF-01 ............... Page 7-30
Lighting (LT)
. LT-01 ................Page 7-31
General Signs (GS)
. GS-01............... Page 7-32
Temporary Signs (TS)
. TS-01 ............... Page 7-34
Permanent Signs (PS)
. PS-01 ............... Page 7-35
Parking (PK)
. PK-01 .............. Page 7-39
. PK-07 ............ Page 7-41
. PK-08 ............. Page 7-43
. PK-09 ............. Page 7-43
Entrances/Drives (ED)
. ED-01 ............... Page 7-45
Vision Clearance (VC)
. VC-01 ............... Page 7-47
Telecommunication
Facilities (TC)
. TC-01 ............... Page 7-48
. TC-02 ............... Page 7-51
Special Exception (SE)
. SE-01 ...............Page 7-54
Miscellaneous (Me)
. MC-02 .............. Page 7-58
. MC-04 .............. Page 7-58
. MC-06 .............. Page 7-58
Article Three: Residentialloning Districts
3-5
-i.. f 1':
"R311 District
3.5 "R3" District Intent, Permitted Uses, and Special Exception Uses
District Intent Permitted Uses
The "R3" (Old City Residential) Residential
District is intended to provide a . child care home (owner-occupied)
land use categorY for small lots . dwelling, single family
and small-sized single family . residential facility for developmentally
detached homes. The provisions disabled (4 bedrooms or less)
that regulate this land use district . residential facility for mentally ill
should protect, maintain and
promote where possible the "old (4 bedrooms or less)
city residential character" in Miscellaneous
Jeffersonville. . accessory uses
. home occupation #1
Jeffersonville's Plan Commission
and Board of Zoning Appeals
should strive to protect this district
from business encroachment,
conflicting land uses, and non-
family oriented businesses.
The Plan Commission and Board
of Zoning Appeals should strive
to promote an average net density
of 7 to 8 dwelling units per acre
community-wide in the"R3" district.
Special Exception Uses
Residential
. bed and breakfast facility
. boarding house (owner-occupied)
. dwelling, two-family
. residential facility for developmentally
disabled (over 4 bedrooms)
Business: Personal Service
. child care center (day care)
Institutional/Public Facilities
. public park/recreational center
. church, temple, or mosque
Communication/Utility
. public well
. telecommunication facility
Miscellaneous
. home occupation #2
3-6
Jeffersol1lville Zoning Ordinance
"R3" District
=
3.6 "R3" District Development Standards
Lot Width
~ I---- Lot Fron\age ----{ RYW.
/
R,O.W. :: As Defined on Thoroughfare Plan
Minimum Lot Area:
. 5,000 square feet/dwelling unit
Minimum Lot Width:
. 30 feet
Minimum Lot Frontage:
. 25 feet on a Public Street with vehicular
access from said Public Street or rear
alley
Sewer and Water:
. Requires municipal water and sewer
hookup
Accessory Structures
mechanical
is exempt
chimneys are
exempt
Fla! Roof Structures Gable Roof Structures
(from highest (from highest gable roof)
section of nat roof)
Maximum Structure Height:
. 35 feet for the Primary Structure
. 18 feet for Accessory Structures
r-
s-
o
'"
-0
:;-
Side
Yard
~/
R.O.W. :;; As Defined on Thoroughfare Plan
~/
R.O.W. =As Defined on Thoroughfare Plan
R.OW.
I
Minimum Front Yard Setback:
. 25 feet when adjacent to an Arterial or
average setback whichever is less
. 20 feet when adjacent to a Local Street
or average setback whichever is less
Minimum Side Yard Setback:
. 5 feet per side for the Primary and
Accessory Structures
Minimum Rear Yard Setback:
. 15 feet for the Primary Structure
. 3 feet for Accessory Structures
Maximum Lot Coverage:
. Square footage of all Primary and
Accessory Structures, and impervious
surface cannot exceed 75% of the Lot
Area
Minimum Main Floor Area:
. 960 square feet for one story Primary
Structures; or
. 700 square feet for the first floor of the
Primary Structure, provided that the
total Finished Floor Area is 960 square
feet or more
R.O.w.
I
Additional Development Standards that Apply
Lot, Yard, and Density (LY)
. LY-01 .................. Page 7-3
. ~~~8~t.~~.:.~........ Page 7-4
Accessory Structure (AS)
. AS-01 ................. Page 7-5
. AS-02 ................. Page 7-6
Fences and Walls (FW)
. FW-01................. Page 7-8
Temporary Uses (TU)
'TU-Ol .................. Page 7-9
'TU-02 .................. Page 7-9
Home Occupation (HO)
. HO-Ol............... Page 7-10
. HO-02............... Page 7-11
Public Improvement (PI)
. PI-Ol............... Page 7-13
Landscaping (LA)
. LA-01...............Page 7-14
. LA-02................ Page 7-15
Expressway Buffer (EB)
. EB-01...............Page 7-24
Environmenta/lEN)
. EN-01.............. Page 7-25
Floodplain (FP)
. FP-01 ............... Page 7-27
Performance (PF)
. PF-01.............. Page 7-30
Lighting (LT)
. LT-01 ................ Page 7-31
General Signs (GS)
. GS-Ol.............. Page 7-32
Temporary Signs (TS)
. TS-01 ............... Page 7-34
Permanent Signs (PS)
. PS-Oi ............... Page 7-35
Parking (PK)
. PK-02.......... Page 7-39
. PK-07 ...... ........ Page 7-41
. PK-08.......... Page 7-43
. PK-09 .......... Page 7-43
Entrances/Drives (ED)
. ED-Ol ............... Page 7-45
Vision Clearance (VC)
. VC-Ol ............... Page 7-47
Telecommunication
Facilities (TC)
. TC-Ol ............... Page 7-48
. TC-02 ............... Page 7-51
. TC-05 ............... Page 7-52
Special Exception (SE)
. SE-01...............Page 7-54
Miscellaneous (MC)
. MC-02 .............. Page 7-58
. MC-04 ............. Page 7-58
. MC-06 .............. Page 7-58
Article Three: ResidentiaQ Zoning Districts
3-1
M1 District
3.7 M1 District Intent, Permitted Uses, and Special Exception Uses
District Intent Permitted Uses
The "M 1" (Low Density Multifamily Residential
Residential) District is intended to . child care home
provide a land use category for . dwelling, multifamily (duplex)
small-scale multifamily residential . dwelling, multifamily (3 to 4 units)
(i.e. duplex, triplex, and quadplex). . dwelling, single-family
The provisions that regulate this . residential facility for developmentally disabled
zoning district allow a limited mix of (4 bedrooms or less)
residential uses and up to two primary . residential facility for mentally ill (4 bedrooms
or less)
structure per Jot.
Miscellaneous Use
The "M 1" district is applicable to new
· accessory uses
and existing developments, small in
area, and development standards that
recognize multifamily development
requires more stringent development
standards to protect the quality of life
of tenants
Jeffersonville's Plan Commission and
Board of Zoning Appeals should use
this district for existing developments
and carefully for new residential
developments. A special exception
use should be granted only when a
development is clearly comparable to
the intent and standards of this district.
Special Exception Uses
Institutional/Public Facilities
. church, temple, or mosque
Miscellaneous Use
. home occupation # 1
3-8
Jeffersonville Zoning Ordinance
~
M 1 District
3.8 M1 District Development Standards
lot Width I
;h'~'''~ - ~_~._~' .~__. _ n _ .._.,.. no"' uu _~. h 'U._ h:: _ ~----.-
'. ...~'.'.'.. 'it : I
:r. .............~
A;:.~or~i~'(' c
llil1f,'q~., i
i'01:';'::~ lA'
i.....i:>r9P/iity.Yi>\1 /..<
:.~)~",ciil.1 [)' I
~ ~ lot Fron~g~ ---1 R.~.w.
R.O.W.; As Defined on Thoroughfare Plan
Minimum Lot Area:
. 12,000 square feet
Minimum Lot Width:
. 70 feet
Maximum Lot Depth:
. 2.5 times the Lot Width
Minimum Lot Frontage:
. 50 feet on a Public Street with access from said
Public Street
Sewer and Water:
. Requires municipal water and sewer hookup
Accessory Structures
d
/
/
mechanical
is exempt
Chimneys are
exempt
\ shed
i
I
i
i !
i Building i
: Height i
I I
Flat Roof Structures Gable Roof Structures
(from highest (from highest gabie roof)
section of fiat roof)
Maximum Structure Height:
. 35 feet for the Primary Structure
, 18 feet for Accessory Structures
n__hn___..._. "UUO'hU_U'''_",___, _'.',
I' Rear Yard ~
~ SetbaCk. .
,. -. _.. __.i. h_ _ ___ __ _ :"~
Side I~I p. "
Yard Pi
Setback: .
, . : '.
~::.. ",'.
:;.~, '..dill fl'
i~t~~I~;UF~i .
~ J R.~.w.
r ,/
R.O.W. ; As Defined on Thoroughfare Plan
-.,
Minimum Front Yard Setback:
. 30 feet when adjacent to an Arterial Street; or
the established setback from neighboring lots
. 25 feet when adjacent to a Local Street; or the
established setback from neighboring lots
Minimum Side Yard Setback:
. 20 feet per side for the Primary Structure
. 5 feet per side for Accessory Structures
Minimum Rear Yard Setback:
. ] 5 feet for the Primary and Accessory
Structures
Maximum Lot Coverage:
. Square footage of all Primary and Accessory
Structures, and impervious surface shall not
exceed 50% of the Lot Area
i
R. o.w.
I
,/
RO.W. :: As Defined on Thoroughfare Plan
Maximum Density:
. 2 units per) 2,000 square foot lot for existing
infilllots, or
. 4 units per acre for new development
Minimum Main Floor Area:
. ] ,000 square feet per Primary Structure for
single family or multifamily uses
Minimum Floor Area Per Unit:
. ] ,000 square feet average per dwelling unit
in a multiple.unit Primary Structure, with 500
square feet the absolute minimum
. ] ,200 square feet for single family Primary
Structures
Maximum Primary Structures:
. I
Additional Development Standards that Apply
Lot, Yard, and Density (LY)
. LY-01 ..................Page 7-3
. ~f~8~~.~~.:.~........ Page 7-4
Accessory Structure (AS)
. AS-01 ................. Page 7-5
. AS-02 ................. Page 7-6
Fences and Walls (FW)
. FW-01................. Page 7-8
Temporary Uses (TU)
. TU-01 ................. Page 7-9
. TU-02 ................. Page 7-9
Home Occupation (HO)
. HO-01............... Page 7-10
. HO-02............... Page 7-11
Public Improvement (PI)
. PI-01................ Page 7.13
Landscaping (LA)
. LA-01............... Page 7.14
. LA-02............... Page 7-15
. LA-03.............. Page 7-17
. ~~_~~r.~.~~~.~~~~age 7-19
. ~8~or~.~.~.~~..~~~:~j~~d4
Environmental (EN)
. EN-01 ............... Page 7-25
Floodplain (FP)
. FP-01 ............... Page 7-27
Performance (PF)
. PF.01 ............... Page 7.30
Lighting (LT)
. LT-01............... Page 7-31
General Signs (GS)
. G8-01............... Page 7.32
Temporary Signs (TS)
. TS-01 ............... Page 7.34
Permanent Signs (PS)
. PS-01 ............... Page 7-35
Parking (PK)
. PK-03 ............... Page 7-39
. PK-07 ............... Page 7-41
. PK-08 ............... Page 7-43
. PK-09 ............... Page 7-43
Entrances/Drives (ED)
. ED-01 ............... Page 7-45
Vision Clearance (VC)
. VC-01 ............... Page 7-47
Telecommunication
Facilities (TC)
. TC-01 ............... Page 7-48
. TC-02 ............... Page 7.51
Special Exception (SE)
. SE-01 ............... Page 7.54
Miscellaneous (Me)
. MC-02 .............. Page 7-58
. MC-04 .............. Page 7-58
. Me.OS ............. Page 7-58
. MC-06 .............. Page 7-58
Article Three: Residentiai loning I!)istricts
3-9
M2 District
3.9 M2 District Intent, Permitted Uses, and Special Exception Uses
District Intent Permitted Uses
The "M2" (Medium Density Multifamily Residential
Residential) District is intended to . dwelling, multifamily (duplex)
provide a land use category for . dwelling, multifamily (3 to 4 units)
small-scale multifamily apartment, . dwelling, multifamily (5 to 8 units)
townhouse, or condominium Miscellaneous
developments. The provisions that . accessory uses
regulate this zoning district allow a
limited mix of multifamily residential
uses and one primary structure per lot.
Jeffersonville's Plan Commission and
Board of Zoning Appeals should strive
to integrate this district near NC, OC,
and DC Commercial Districts, and
very sensitively near other residential
districts. This district should also be
within dose proximity to parks, open
space, services, and retail if possible.
Avoid locating near conflicting land
uses.
The Plan Commission and Board
of Zoning Appeals should strive to
promote a maximum density of up to
8 dwelling units per acre in the "M2"
district.
Special Exception Uses
Residential
. assisted living facility
. dwelling, single-family
. nursing home
. retirement community
. residential facility for developmentally disabled
(4 bedrooms or less)
. residential facility for mentally ill (4 bedrooms
or less)
Institutional/Public Facilities
. church, temple, or mosque
Com m unication/Util ities
. telecommunication facility
Miscellaneous
. home occupation #]
3-00
jeffersonville Zoning Ordinance
M2 District
Lot Width
3.10 M2 District Development Standards
Lot
Area
~ f--- Lot Fronlage --! R.~.w.
,/
R.o.w. :;As Defined on Thoroughfare Plan
Minimum Lot Area:
. 25,000 square feet
Minimum Lot Width:
. 1 00 feet
Maximum Lot Depth:
.2.5 times the Lot Width
Minimum Lot Frontage: .
. 50 feet on 0 Public Street with access trom said
Public Street
Sewer and Water:
. Requires municipal water and sewer hookup
Accessory Structures
~
I
.I
mechanical
is exempt
...
i
i I
18 '1' i
I UI .drng i
! Height I
chimneys are
exempt
,
'I shed
\
fTi
Flat Roof Structures Gable Roof Structures
(from highest (from highest gable roof)
section of flat roof)
Maximum Structure Height:
. 40 feet for the Primary Structure
. 18 feet for Accessory Structures
Maximum Stories:
. 2 Stories
11;]1jl'li
. ., ,,'. ..."......../!!Ii.... ...
:. .:......:.....'.....:......'...:.......:.::.r:.:-:'..-:::'..::,'.
~~~~ :. .!..}I~I;;}j..'.
Setback' . . ...~.. .... .........~. . ...
;., - >::.:'::\.," " -::L::,::,:'_~;.-;;~.(;-~':i;. '.": ',,_ >.:.i::.:....
"',' -'.,' '- '~'"
... ., '_F;",:.:: . . . ,'. . '.' '_.', ',; ,,:'~
ii~Jlu-l
r-
E-
o
III
'0
:T
Minimum Front Yard Setback:
. 35 feet when adiacent to an Arterial Street
. 30 leet when adiacent to a Local Street
Minimum Side Yard Setback:
. 30 feet per side for the Primary Structure
. ] 5 leet per side for Accessory Structures
Minimum Rear Yard Setback:
. 20 feet lor the Primary and Accessory
Structures
~ I
R.ow.
!
,/
R.O.W. = As Defined on Thoroughfare Plan
Maximum lot Coverage:
. Square lootage of all Primary and Accessory
Structures, and impervious sur/ace cannot
exceed 55% of the Lot Area
Maximum Density:
. 8 units per acre
Minimum Main Floor Area:
. 1,200 square leet per Primary Structure for
multifamily uses
Minimum Floor Area Per Unit:
.850 square feet average per dwelling unit in
each multiple-unit Primary Structure, with 500
square feet the absolute minimum
Maximum Primary Structures:
. 10
Additional Development Standards that Apply
Lot, Yard. and Density (L Y)
. L Y-01 .................. Page 7-3
Height (HT)
. HT-01 ................. Page 7-4
Accessory Structure (AS)
. AS-01 ................. Page 7-5
. AS-02 ................. Page 7-6
. AS-OS ................. Page 7-6
Fences and Walls (FW)
. FW-OL.............. Page 7-8
Temporary Uses (TU)
. TU-01 ................. Page 7-9
. TU-02 ................. Page 7-9
Home Occupation (HO)
. HO-01............... Page 7-10
. HO-02............... Page 7-11
Public Improvement (PI)
. PI-01.... ............ Page 7 -13
Landscaping (LA)
.LA-01................ Page 7-14
. LA-02................Page 7-15
. LA-03................Page 7-17
. LA-05................Page 7-18
. ~~~~~.:.~~~.~~:~age 7-19
. g~~o~s.~.~.~~..~~~:~J~~J4
Environmental (EN)
. EN-01 ............... Page 7-25
Floodplain (FP)
. FP-01 ............... Page 7-27
Performance (PF)
. PF-01.............. Page 7-30
. t~~r.~..~~~~....page 7-31
General Signs (GS)
. GS-01.............. Page 7-32
. +~'?mor.a.~.~i~.~a~TeS+_34
. ~~~~r.e~t.~.ig~SareSf_35
Parking (PK)
. PK-03 ............... Page 7-39
. PK-07 ............... Page 7-41
. PK-08 ............... Page 7-43
. PK-09 ............... Page 7-43
Entrances/Drives (ED)
. ED-01 ............... Page 7-45
Vision Clearance (VC)
. VC-01 ............... Page 7-47
Telecommunication
Facilities (TC)
. TC-01 ............... Page 7-48
. TC-02 ............... Page 7-51
Special Exception (SE)
. SE-01 ............... Page 7-54
Miscellaneous (Me)
. MC-02 .............. Page 7-58
. MC-04 ............. Page 7-58
. MC-05........... Page 7-58
. MC-06 ............ Page 7-58
. Me-07 ........... Page 7-59
Article Three: Residentialloning Districts
3-H
M3 District
3.11 M3 District Intent, Permitted Uses, and Special Exception Uses
District Intent Permitted Uses
The "M3" (High Density Multifamily Residential
Residential) District is intended to . assisted living facility
provide a land use category for . dwelling, multifamily (3 to 4 unit)
medium- to large-scale multifamily 0 dwelling, multifamily (5 to 8 units)
developments. The provisions that . dwelling, multifamily (9 to 20 units)
regulate this zoning district allow a . nursing home
mix of multifamily residential uses and . retirement community
many primary structure per lot. Miscellaneous
Jeffersonville's Plan Commission and . accessory uses
Board of Zoning Appeals should strive
to integrate this district as a transition
between commercial districts and
single-family residential districts; or
along major thoroughfares. This
district should be within close proximity
to parks, open space, services, and
retail if possible. Avoid locating near
conflicting land uses including low-
density single-family residential and
industrial districts.
The Plan Commission and Board
of Zoning Appeals should strive to
promote a maximum density up to
16 dwelling units per acre in the "M3"
district.
Special Exception Uses
Residential
. child care institution
. dwelling, multifamily (duplex)
. residential facility for developmentally disabled
. residential facility for mentally ill
Institutional/Public Facilities
. church, temple, or mosque
Commun ication/Util ities
. telecommunication facility
Miscellaneous
. home occupation # 1
3-H
leffer$ol!lville Zoning Ordinance
=-
M3 District
==
3.12 M3 District Development Standards
lot Width
lot
Area
~ I-lot Fro;;;ag~ ---! R-?-W.
./
R.O.w. =As Defined on Thoroughfare Plan
Minimum lot Area;
. 43,560 square feet (1 acre)
Minimum lot Width:
. 120 feet
Minimum lot Frontage:
. 70 feet an a Public Street with access from said
Public Street
Sewer and Water:
. Requires municipal water and sewer hookup
Accessory Structures
d
/
/
/
I
I
Ished
mechanical
is exempt
T
I
! r--:
I I
j Building i
I Height I
chimneys are
exempt
I,
Flat Roof Structures Gable Roof Structures
(from highest (from highest gable roof)
section of nat roof)
Maximum Structure Height:
. 55 feet for the Primary Structure
. 18 feet for Accessory Structures
Maximum Stories:
. 3 Stories
r-
2-
o
<I>
"0
'3-
Side
Yard
//
R.O.W. =As Defined on Thoroughfare Plan
~./
R.O.w. ::: As Defined on Thoroughfare Plan
R. O.w.
I
~ r
R.O.W.
I
Minimum Front Yard Setback:
. 50 feet when adjacent to an Arterial Street
. 40 feet when adjacent to a Local Street
Minimum Side Yard Setback:
.40 feet per side for the Primary Structures
. 30 feet per side for the Accessory Strudures
Minimum Rear Yard Setback:
. 30 feet for the Primary and Accessory
Strudures
Maximum lot Coverage:
. Square footage of 0/1 Primary and Accessory
Strudures, and impervious surface cannot
exceed 60% of the Lot Area
Maximum Density:
. 16 units per acre
Minimum Main Floor Area:
.2,000 square feet per Primary Strudure for
multifamily uses
Minimum Floor Area Per Unit:
. 900 square feet average per dwelling unit
in 01/ multiple-unit Primary Strudures in
the development, with 500 square feet the
absolute minimum
Maximum Primary Structures;
.50
Additional Development Standards that Apply
Lot, Yard, and Density (L Y)
. L Y-01 .................. Page 7-3
. m~~~.~~.:.~........page 7-4
Accessory Structure (AS)
. AS-01 ................. Page 7-5
. AS-02 ................. Page 7-6
Fences and Walls (FW)
. FW-01.................Page 7-8
Temporary Uses (TU)
. TU-01 .................. Page 7-9
. TU-02 .................. Page 7-9
Home Occupation (HO)
. HO-01............... Page 7-10
. HO-02.............. Page 7-11
Public Improvement (PI)
. PI-01................Page 7-13
Landscaping (LA)
. LA-01.............. Page 7-14
. LA-02............... Page 7-15
. LA-03.............Page 7-16
. LA-05.............Page 7-18
. ~{~1~.::.~~~.~~:~age 7-19
Expressway Buffer (EB)
. EB-01 ............... Page 7-24
EnvironmentallEN)
. EN-01............... Page 7-25
Floodplain (FP)
. FP-01 ............... Page 7-27
Performance (PF)
. PF-01 ............... Page 7-30
. t~~Ji~.~..(~:.~....page 7-31
General Signs (GS)
. GS-01 ............... Page 7-32
Temporary Signs (TS)
. TS-01 ............... Page 7-34
Permanent Signs (PS)
. PS-01 ............... Page 7-35
Parking (PK)
. PK-04 ............... Page 7-39
. PK-07 ...............Page 7-41
. PK-08 .....Page 7-43
. PK-09........... Page 7-43
Entrances/Drives (ED)
. ED-01 ............... Page 7-45
Vision Clearance (VC)
. VC-01............... Page 7-47
Telecommunication
Facilities (TC)
. TC-01 ............... Page 7-48
. TC-02 ............... Page 7-51
S()ecial Exception (SE)
. SE-01 ............... Page 7-54
Amenity Standards (AM)
. SE-01 ............... Page 7-55
Miscellaneous (MC)
. MC-02 .............. Page 7-58
. MC-04 .............. Page 7-58
. MC-05 .............. Page 7-58
. MC-06 .............. Page 7-58
. MC-07 ............ Page 7-59
Article Three: Residential Zoning Districts
3-0
"MP" District
3.13 "MP" District Intent, Permitted Uses, and Speciall:xception Uses
District Intent
The "MP" (Mobile Home Park)
District is intended to provide a
land use category for housing
districts (typically mobile homes
or manufactured home parks)
where dwelling sites are leased.
Manufactured home or mobile home
parks shall be in accordance with IC
16-41-27 et. seq., Rule 410 lAC 6-6
and their subsequent amendments.
Additionally all developments in
this district are subject to the State
Board of Health requirements, and
the requirements of this Ordinance.
This district should be within close
proximity to parks, open space,
services and retail if possible.
Avoid locating near conflicting land
uses.
The Plan Commission and Board
of Zoning Appeals should strive
to promote an average net density
of 7 to 8 dwelling units per acre
community-wide in the "MP"
district.
Permitted Uses
Residential
. dwelling, mobile home
. dwelling, manufactured
. dwelling, single-family
. manufactured home park
. residential facility for developmentally
disabled (4 bedrooms or less)
. residential facility for mentally ill
(4 bedrooms or less)
Miscellaneous
. accessory uses
Special Exception Uses
Residential
. child care home (owner-oCCupied)
. child care institution
Institutional/Public Facilities
. community center
. public park/recreational center
Communication/Utility
. telecommunication facility
Miscellaneous
. home occupation #1
3-14
Jeffersonville Zoning Ordinance
..
"MP" District
3.14 "MP" District Development Standards
~ I-- Lot Fronlage ---j R.~.w.
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R.O.W.:;:; As Defined on Thoroughfare Plan
Minimum Lot Area:
. 5 acres
Minimum Lot Width:
. 250 feet
Maximum Lot Depth:
. 3.5 times the Lot Width
Minimum Dwelling Site Size:
'4,000 square feet
Minimum Dwelling Site Width:
. 30 feet
Minimum Lot Frontage:
. 70 feet on a Public Street with access
from said Public Street
Sewer and Water:
. Requires municipal water and sewer
hookup
Accessory Structures
mechanical
is exempt
chimneys are
exempt
T7
Building I
Height
Flat Roof Structures Gable Roof Structures
(from highest (from highest gable roof)
section of flat roof)
Maximum Structure Height:
. 20 feet for the Primary Structure
. 15 feet for Accessory Structures
Owefling Site Front Yard Setback Rear Yard
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Minimum Front Yard Setback:
. 40 feet
Minimum Side Yard Setback:
. 20 feet for the Primary and Accessory
Structures
Minimum Rear Yard Setback:
. 20 feet for the Primary and Accessory
Structures
Minimum Dwelling Site Front Yard
Setback:
. 10 feet from edge of pavement of
interior roads
Minimum Dwelling Site Side Yard
Setback:
. 7 feet for the Primary Structures and 3
feet for Accessory Structures
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R.O.W. = As Defined on Thoroughfare Plan
R.o.W.
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Minimum Dwelling Site Rear Yard
Setback:
. 5 feet for the Primary Structures and 2
feet for Accessory Structures
Minimum Rear Yard Setback:
. 7 feet for the Primary and Accessory
Structures
Maximum Lot Coverage:
. Square footage of all Primary and
Accessory Structures, and impervious
surface cannot exceed 65% of the Lot
Area.
Minimum Main Floor Area per Unit:
. 750 square feet per Primary Structure
on a Dwelling Site.
Additional Development Standards that Apply
Lot, Yard, and Density (LY)
. L Y-01 .................. Page 7-3
. ~~~~~.~~.~.~........ Page 7-4
Accessory Structure (AS)
. AS-01 ................. Page 7-5
. AS-04 ................. Page 7-7
Fences and Walls (FW)
. FW.OL..............Page 7-8
Temporary Uses (TU)
. TU-01 .................. Page 7-9
'TU-02 .................. Page 7.9
Public Improvement (PI)
. PI-01................. Page 7.13
Landscaping (LA)
. LA-01................ Page 7.14
. LA-02................ Page 7-15
. LA-03................Page 7-17
. :~~~~.~~~~.(~:~age 7-19
. ~~~ofs.~~.~~..s.u~:~J~~14
Environmental (EN)
. EN-01 ............... Page 7-25
Floodplain (FP)
. FP.01 ............... Page 7-27
Performance (PF)
. PF-01 ............... Page 7-30
Lighting (LT)
. LT-01 ................ Page 7-31
General Signs (GS)
. GS-01............... Page 7-32
Temporary Signs (TS)
. TS-01 ............... Page 7-34
Permanent Signs (PS)
. PS-01 ............... Page 7.35
Parking (PK)
. PK-05 ............... Page 7-39
. PK-07 ...............Page 7-41
. PK-08 .............. Page 7-43
. PK-09 ............ Page 7-43
Entrances/Drives (ED)
. ED-01............. Page 7-45
. ED.02 ............. Page 7-46
Vision Clearance (VCl
. VC-01 ............... Page.,-47
Telecommunication
Facilities (TC)
. TC-01 ............... Page 7-48
. TC-02 ............... Page 7-51
Special Exception (SE)
. SE.01...............Page 7-54
Miscellaneous (Me)
. MC-01 ..............Page 7.58
. MC-02 .............. Page 7.58
. MC-04 .............. Page 7-58
. MC-05 ............. Page 7-58
. MC-06 ..............Page 7-58
. MC-07 .............. Page 7-59
Article Three: Residential loning Districts
3- 15
ii>
3-t6
Jeffersonville Zoning Ordinance
~'~', "1
Article Seven
.Development Standards .
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Article Seven
Development Standards
7.1 Introduction
All structures, buildings, land uses, land use changes, structural alterations, structural relocations; demolitions,
structural additions, and structural enlargements that are constructed, created, established, or OCcur after the effec-
tive date of this ordinance (except as may otherwise be provided within this ordinance) are subject to all develop-
ment standards and regulations for the applicable zoning district.
7.2 Development Standards that Apply
Under the sections in this article are Development Standards which are arranged by category. To determine which
development standards apply to the subject Zoning District, refer to the "Additional Development Standards that
Apply" section on the Two-Page Layout for that subject Zoning District. The four digit codes noted in the "Ad-
ditional Development Standards that Apply" sections for each Zoning district can be found in the sections below.
Only the four digit codes noted in the "Additional Development Standards that Apply" section apply to that Zon-
ing District.
[As an example, on page 4-6, the four digit code "L Y-O I" can be found under the "Additional Development Stan-
dards that Apply" section in the Neighborhood Commercial (NC) District. Therefore, the Development Standards
following the section below labeled "L y~O I" (on page 7-3) would apply to Neighborhood Commercial (NC)
Districts.]
Lot, Yard and Density Standards (L Y)................ 7.3
Height Standards (HT)......................................... 7-4
Accessory Structure Standards (AS) ................ 7-5
Fence and Wall Standards (FW) ......................... 7-8
Temporary Use/Structure Standards (TU) ......... 7-9
Home Occupation Standards (HO) .................. 7-10
Public Improvement Standards (Pi)................. 7-13
Landscaping Standards (LA)............................ 7-14
Buffer Yard Standards (BY) .............................. 7-19
Expressway Buffer Standards (EB) ................. 7-24
Environmental Standards (EN)......................... 7-25
Floodplain Standards (FP)................................ 7-27
Performance Standards (PF) ............................ 7-30
Lighting Standards (LT) .................................... 7-31
General Sign Standards (GS) ........................... 7-32
Temporary Sign Standards (TS) ....................... 7-34
Permanent Sign Standards (PS) ...................... 7-35
Parking Standards (PK) .................................... 7-39
Loading Standards (LD) .................................... 7-44
Entrance/Drive Standards (ED) ........................ 7-45
Vision Clearance Standards (VC)..................... 7-47
Telecommunications Facility Standards (TC). 7-48
Adult Use Standards (AU)................................. 7-53
Special Exception Standards (SE) ................... 7-54
Amenity Standards (AM) ................................... 7-55
Miscellaneous Standards (MC) ........................ 7-58
7-2
Jeffersonville Zoning Ordinance
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Lot and Yard Standards (LY)
7.3 Lot, Yard and Density Standards (LY)
LY-O I: This Lot, Yard. and. Density.. Sta~dard."'~.",section ~es, t,o the followin
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No building or structure shall be erected or changed unless such building or structure conforms to the
Lot, Yard and Density Standards for the district in which it is located. Also, no building or structure shall
be altered, enlarged or reconstructed unless such alteration, enlargement, or reconstruction conforms with
the Lot, Yard and Density Standards of the district in which it is located. The following Lot, Yard and
Density Standards apply to the District when it is found on the Two-Page Layout in Articles 3 and 4. If
the a type of Lot, Yard and Density Standard does not appear on the Two-Page Layout for a District, it
does not apply to that particular District. The Lot, Yard and Density Standards that may be found in this
Ordinance include:
A. Minimum Lot Area
B. Maximum Lot Area
C. Minimum Lot Width
D. Maximum Lot Depth
E. Minimum Dwelling Site Area
F. Minimum Dwelling Site Width
G. Minimum Lot Frontage
H. Sewer and Water
I. Minimum Front Yard Setbacks
J. Minimum Dwelling Site Front Yard Setbacks
K. Minimum Side Yard Setbacks
L. Maximum Side Yard Setbacks
M. Minimum Dwelling Site Side Yard Setbacks
N. Minimum Rear Yard Setbacks
O. Minimum Dwelling Site Rear Yard Setbacks
P. Minimum Lot Coverage
Q. Maximum Lot Coverage
R. Maximum Density
S. Minimum Main Floor Area
T. Maximum Main Floor Area
U. Minimum Floor Area Per Unit
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Buildings or structures are not permitted within any setback. Parking lots are allowed to project into the
front and side yard setbacks in commercial districts. Driveways are considered exempt from setback
requirements.
Article Seven: Development Standards
7-3
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Height Standards (HT)
7.4 Height Standards (HT)
HT-OI ~bH~~'i]~~~iii~~"8i~es witlUn fudQ'r~Bt dir~ I~ ~]
No structure may be erected or changed so as to make its height greater than specified in its applicable
Zoning District, except as noted below:
A. Church steeples,
B. Municipal water towers, and
C. Chimneys
The above specified height exceptions may exceed the permitted height regulations by twofold (x2) or
sixty (60) feet; whichever is less.
Additional exceptions to height standards include:
A. Necessary mechanical appurtenances, and
B. Elevator bulkheads
These above specified height exceptions may exceed the permitted height standards by up to fifteen (IS)
feet, but must be shielded from view by design features of the building.
1-4
Jeffersonville Zoning Ordinance
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Accessory Structure Standards (AS)
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7.5
Accessory Structure Standards (AS)
AS-Ol. ~bl~~S~J~i~iii~~~~~~e
A. Accessory Structures shall comply with all Development Standards for the subject Zoning District.
B. Accessory Structures must relate to the Primary Structure and its uses.
C. Accessory Structures may not encroach on any platted easement unless the owner of the easement
gives written consent.
D. Enclosed structures such as detached garages, mini-barns, barns, pool houses, etc. are counted toward
the total accessory building area. Unenclosed structures such as gazebos, picnic shelters, etc. are not
counted.
E. Dumpsters, compactors, and all other trash receptacles must be enclosed and screened as per 7.28
MC-07 in this Ordinance.
F. An accessory structure may only be located to the rear or side of the primary structure unless as
specified in 7.5 AS-O I (H).
G. Antennas or Satellite Dishes are only permitted to the rear of the primary structure.
H. Swimming pools, hot tubs, mini barns, campers, recreational vehicles, bath houses or saunas may
only be located to the rear of the primary structure except in the case of corner or through lots; in that
instance, the structures may be placed on the side of the primary structure.
I. No mobile home or manufactured home may be used as an accessory structure in any district unless
otherwise permitted in this ordinance.
ermitted uses within the following districts:
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Article Seven: Development Standards
1-5
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Accessory Structure Standards (AS)
AS-02: This Accessory Structure Standards section applies to the permitted uses within the following districts:
~~~~~~
A. Accessory Structures are not permitted on a lot prior to any Primary Structure being constructed
except where the accessory structure is being used for personal storage or agricultural purposes.
B. The following Accessory Structures are permitted, but must abide by all applicable standards:
. antennas or satellite dishes
. bath houses or saunas
. decks
. garages
. gazebos
. greenhouses, private
. hot tubs
· mini barns
. storage building
. pole bam
. agricultural buildings
. sheds
. boat docks
· sport courts
. carports
. swimming pools (swimming pools must abide by 675 lAC 20)
C. Accessory Structures are not deemed to include swing sets, doghouses, tree houses, playhouses, and
other such incidentals except as otherwise stated in this Ordinance.
D. No more than three (J) Accessory Structures are permitted on a lot.
E. An Accessory Structure cannot exceed one-thousand (1000) square feet or one-hundred percent
(100%) of the square footage of the primary structure, whichever is less.
AS-OJ: This Accessory Structure Standards section applies to the permitted uses within the following districts:
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A. The following Accessory Structures are permitted and shall abide by all applicable Standards:
. antennas or satellite dishes
. decks
. gazebos
. storage buildings
. sheds
. dumpsters
. restroom facilities
B. Accessory Structures are not allowed on a lot prior to a Primary Structure being constructed.
C. No more than two (2) Accessory Structures are permitted on a lot.
(Continued)
7-6
'effersonville loning Ordinance
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Accessory Structure Standards (AS)
AS-04: This Accessory Structure Standards section applies to the pennitted uses within the following district:
~
A. Management offices, sales offices, storage, mini-warehouses, laundry, dry cleaning facilities, and
other structures customarily incidental to manufactured home parks or mobile home parks are
permitted, provided the following criteria are met.
a. The Accessory Structure is subordinate to the residential component of the park and adds aesthetic
value to the park;
b. The Accessory Structure is located, designed and intended to serve only the needs of the park; and
c. The establishments located within the Accessory Structure present no visible evidence of their
business nature to areas outside the park.
B. Each manufactured home or mobile home is entitled to one (I) accessory structure in addition to
a carport or garage. Attached or detached garages, and carports are to be counted toward the total
accessory building area. The total area of all accessory structures may not exceed twenty percent
(20%) of the dwelling site. Permitted accessory structures are as follows:
· decks /patios
· attached/detached garages
· gazebos
. greenhouses
. hot tubs
. mini barns
. sheds
. sport courts
. boat houses
(Continued)
C. Model manufactured or mobile homes as sales units are pennitted provided that the number of model
homes is limited to five percent (5%) of the authorized number of dwelling sites in the park. Model
homes must comply with all standards set forth in the MP District. One (I) unit may be used as a
sales office.
Article Seven: Development Standards
7.7
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Fence and Wall Standards (FW)
7.6 Fence and Wall (FW)
FW-O I; ~1J~ ~jJ~ ]~i~iif~iDoi" following distric~
All fences and walls:
A. Must present the non-structural face outward.
B. Are permitted up to the property line.
C. May not be greater than six (6) feet in height in the side yard and rear yard or greater than three (3)
feet in height in the front yard.
D. May not be closer than two (2) feet to any public right-of-way.
E. May not be placed within the vision clearance triangle as defined in 7.23 Vision Clearance Standards.
F. May not incorporate security wire or sharpened top spikes.
FW-02; This Fence a~ Wall Standards section ~~es to the following distric~:
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All fences and walls:
A. Must present the non-structural face outward.
B. Are permitted up to the property line.
C. May not be greater than eight (8) feet in height in the side yard and rear yard or greater than five (5)
feet in height in the front yard.
D. May not be closer than two (2) feet to any public right-of-way.
E. May not be placed within the vision clearance triangle as defined in 7.23 Vision Clearance Standards.
7-8
Jeffersonville Zoning Ordinance
,0 \.1
Temporary Use/Structure Standards (TU)
7.7
Temporary Use/Structure Standards (TU)
TU~I ~biE~jjt:]~i~ii~~Sgi~ii followin
The following standards pertain to temporary uses or structures.
A. Temporary uses or structures that are intended to transition into a permanent use or structure must
meet all standards for a permanent use or structure. In the event that the intent is not noted upon the
application, the transition to a permanent use or structure will not be permitted for one (I) year from
the application date.
B. The Planning Director may extend the duration ofa temporary use or structure one (1) time with
findings of substantial need. The duration of the extension cannot exceed the lengths of the permitted
time without the application for another temporary use or structure permit.
C. All temporary uses or structures must be removed and the original site reverted to its original
condition, and be completed within the duration of the permit.
districts:
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TU-02: ~bY~trilifu]~~iifit section applies to the following districts:
The following temporary uses are permitted as described below.
A. Garage/yard sales are permitted for a total of seven (7) days per calendar year, per lot. No permit is
required unless the applicant wishes to exceed the permitted duration.
B. Children's roadside stands are permitted for a total of twenty-one (2 I) days per calendar year, per lot.
No permit is required unless the applicant wishes to exceed the permitted duration.
C. Tents for a private party or event are permitted for a total of seven (7) days per calendar year, per lot.
No permit is required unless the applicant wishes to exceed the permitted duration.
D. Construction trailers are permitted for up to twelve (12) months. A temporary improvement location
permit is required.
TV-03: This Temporary Use/Structure Standards section applies to the following district
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The following temporary uses are permitted as described below.
A. Construction trailers are permitted for up to twelve (12) months. A temporary improvement location
permit is required.
B. A roadside sales vehicle or structure is permitted for up to three (3) months up to two (2) times per
calendar year, with permission of the property owner. A temporary improvement location permit is
required.
C. Outdoor sales or events (i.e. tent sale, product specials, seasonal sales) are permitted for up to
fourteen (14) days, up to two (2) times per calendar year. A temporary improvement location permit
is required.
D. Roadside sales of fireworks are not permitted under any circumstances.
Article Seven: DeveBopment Standards
1-9
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Home Occupation Standards (HO)
7.8 Home Occupation Standards (HO)
HO-O 1 ~bi<] ~s~]n~~~i imo~illes ro the following distdc~
Home Occupation # 1: The intent of the Home Occupation # I provisions are to allow minimal busi-
ness practices within certain Zoning Districts. Further, the intent is to protect the district's character or
function. To regulate reasonable business practices and character, the following development standards
apply:
A. The home occupation must not involve retail sales or manufacturing operations.
B. The home occupation must not involve the employment of any person other than those residing at the
location of the home occupation.
C. The equipment used for the business must be limited to computers, fax machines, telephones, copy
machines, and other small equipment.
D. There may not be any exterior storage or display of products, equipment or materials used in
connection with the home occupation.
E. No more than twenty-five percent (25%) of the total floor area of the primary structure may be used
for the home occupation.
F. There may not be any exterior, structural or aesthetic alterations to the dwelling unit to accommodate
the home occupation.
G. There may not be any room additions, structural or aesthetic alterations that change the residential
character of the dwelling unit.
H. There may not be additional entrances to the dwelling unit for the purpose of conducting business or
to accommodate the business.
1. Accessory structures may be used provided the use does not create a nuisance.
J. The home occupation may not generate any additional traffic.
K. No signage for the business is allowed on or off the property.
L. The home occupation may not create electrical interference, odors, noise, vibration, light, smoke,
fumes, or any other offensive problems.
M. The home occupation may not demand increasing or enhancing the size, capacity, or flow of the
water, gas, septic, sewer, or electrical systems beyond what is standard for a residence.
N. No additional parking may be added to the lot(s) on which the residence is located to accommodate
the home occupation.
O. Use of commercial vehicles for pickup and deliveries other than from the U.S. Postal Service, UPS,
and other express couriers is not permitted.
Home occupation uses that meet the above described standards are deemed permitted until the Plan
Commission rules the use to be a nuisance, or until one or more of the adjacent neighbors petition to the
Commission that the use is a nuisance and the Commission rules it to be so thereby prohibiting the use.
The following types of business are not permitted as home occupations:
A. medical clinics of any kind,
B. retail dress shops,
c. funeral homes,
D. tourist homes,
E. animal hospitals,
F. kennels,
G. trailer rentals,
H. automobile, motor vehicles, equipment repair of any kind,
I. painting of automobiles, motor vehicles, or equipment of any kind,
1. photo developing,
1-10
Jeffersonville Zoning Ordinance
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Home Occupation Standards (HO)
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K. television, radio or other electronics repair,
L. tooling, welding, or machining of any kind,
M. retail or manufacturing of any kind,
N. tool or equipment rental of any kind,
O. restaurants or similar establishments,
P. salvage operations of any kind,
Q. freight or trucking operations of any kind,
R. contractors business, and
S. landscaping/lawn care business.
HQ-02 This Home Dc. cu~.t r S... t..andards section applies to the foIl owing districts:
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(Continued)
Home Occupation #2: The intent of the Home Occupation #2 provisions are to allow reasonable busi-
ness practices within certain Zoning Districts. Further, the intent is not to allow the loss of the district's
character or function. To regulate reasonable business practices and character, the foIl owing develop-
ment standards apply:
A. The home occupation must not involve the employment of any more than one (1) person who is not
related and does not reside at the location of the home occupation.
B. At least one (I) member residing on the premises must be the primary operator of the business and
that business must be that person's primary work.
C. There shall not be any use of mechanical equipment other than what is usual for purely domestic or
hobby purposes.
D. There must not be any exterior storage or display of equipment or materials used in connection with
the home occupation.
E. No more than twenty-five percent (25%) of the total floor area of any level of the primary structure
shall be used for the home occupation.
F. There shall not be any exterior structural or aesthetic alterations to the dwelling unit to accommodate
the home occupation.
G. There shall not be any room additions or other structural/aesthetic alterations that change the
residential character of the dwelling unit.
H. There shall not be an additional entrances to the dwelling unit for the pUrpose of conducting business
or to accommodate the business.
1. Business practice in all Accessory Structures is not permitted.
J. Minimal traffic generation due to the business wilI be permitted.
K. A small sign not exceeding two (2) square feet wilI be aIlowed on the primary structure. No off-site
signs or signs in the yard of the property shall be permitted.
L. No business practice, function, equipment, or process shall create electrical interference, odors, noise,
vibration, light, smoke, fumes, or any thing offensive beyond the property lines for the Dwelling
Unit.
M. No home occupation that demands increasing or enhancing the size, capacity, or flow of the water,
gas, septic, sewer, or electrical system beyond what is standard for a residence will be allowed.
N. No additional parking may be added to the Lot(s) the residence is located on to accommodate the
home occupation.
O. Use of commercial vehicles for pickup and deliveries other than from the U.S. Postal Service, UPS,
and other express couriers is not permitted.
Ankle Seven: Development Standards
l-U
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Home Occupation Standards (HO)
(Continued)
P. The permitted uses shall be limited to domestic crafts, professional service, catalog businesses, and
internet businesses, including but not limited to:
a. dressmaking,
b. sewing,
c. weaving,
d. tailoring,
e. ironing,
f. washing,
g. computer/internet based sales,
h. catalog order business,
1. furniture repair,
J. hair grooming - one (I) chair,
k. home office for a lawyer, doctor, architect, engineer, accountant, or planner,
I. home office for a real estate, insurance, notary public, or manufacturer's agent,
m. office for clergy,
n. art studio, writing studio, music studio, photography studio, and
o. teaching art, writing, or music for one student at one time.
Q. The following types of business shall not be permitted:
a. medical clinics of any kind,
b. retail dress shops,
c. funeral homes,
d. tourist homes,
e. animal hospitals,
f. kennels,
g. trailer rentals,
h. automobile, motor vehicles, equipment repair of any kind,
i. painting of automobiles, motor vehicles, or equipment of any kirid,
j. photo developing,
k. television, radio or other electronics repair,
I. tooling, welding, or machining of any kind,
m. retail or manufacturing of any kind,
n. tool or equipment rental of any kind,
o. restaurant or similar establishment,
p. salvage operations of any kind,
q. freight or trucking operations of any kind
r. contractors business, and
s. landscaping/lawncare business.
R. Permitted uses are deemed so until the City Council, Commission or BZA rule the use to be a
nuisance, or until all adjacent neighbors petition to the City that the use is a nuisance.
S. Uses not specifically mentioned will be interpreted by the Planning Director or BZA as to whether the
use is permitted or not.
1-12
Jeffersonville Zoning Ordinance
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Public Improvement Standards (PI>
7.9
Public Improvement Standards (PI)
PC-OJ: This Public i.~. o.v........e,....m... ent Stan....d...a.....r d....S... ..s.ection a~s. t....o... t...h.. e............f,......o.............l.....lowin
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The following public improvement standards apply:
A. Developments are permitted only if the public streets, drainage facilities, and utilities are adequate to
serve the proposed development. Any public streets which will carry the increased traffic from the
development must be adequate to accommodate such traffic.
a. Drainage facilities and public utilities must have sufficient capacity to serve the development.
b. The Planning Director or his/her designee must make a determination as to needed street and
drainage improvements.
c. The Planning Director or his/her designee must make a determination as to needed utility
improvements.
d. When public improvements are required, the developer or authorized representative is required to
post performance and maintenance guarantees for such improvements in a manner specified in the
Subdivision Control Ordinance.
districts:
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B. All private streets must be constructed to the public street standards set forth in the Subdivision
Control Ordinance.
C. Manufactured or Mobile Home Parks must be in accordance with IC 16-1 1-27- 1 et. seq., Rule
410 LAC 6-6 and their subsequent amendments, the State Board of Health requirements, and the
requirements of this Ordinance.
Article Seven: Development Standards
1-13
17/ 'J.
Landscaping Standards (LA)
7.10 Landscaping Standards (LA)
LA-O I: This Landscaping Standards section applies to the followin
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LillJ[!j
Landscaping is an essential part of the design and development of a site. Landscape plantings are a ben-
efit to the environment, public health, air quality, safety, comfort, convenience and general welfare of the
community. These standards will result in the reduction of stann water runoff, glare, and heat buildup.
They may reduce energy costs in structures and will improve the aesthetics of the community. The fol-
lowing general standards apply.
A. No landscaping materials, shrubs, trees, retaining walls, lighting, or mounds may extend into any
existing or proposed right-of-way without pennission from the Jeffersonville Board of Public Works
and/or the City Engineer.
B. No landscaping materials, trees, retaining walls, lighting, or mounds may extend into any existing or
proposed easement without the written pennission from the easement holder.
C. Trees, vegetation, irrigation systems, fences, walls and other landscape elements are considered
elements of a project in the same manner as parking and other site details. The applicant and!
or landowner and their successors in interest are responsible for the regular maintenance of all
landscaping elements so that they are kept in good condition. All landscaping shall be maintained
free from disease, pests, weeds and litter. All landscape structures, such as fences and walls, shall be
repaired and replaced periodically to maintain a structurally and aesthetically sound condition.
D. Nothing in these standards shall preclude the use and enjoyment of a wildlife area that is certified by
a state or nationally recognized organization.
E. Any landscape element required by this Ordinance, the Plan Commission, or the Board of Zoning
Appeals that dies, or is otherwise removed, must be replaced within sixty (60) days of death or
removal or be subject to fines and penalties as a civil violation. The Planning director may grant an
extension due to weather to comply, but not more than thirty (30) days in total.
F. Under no circumstances may the species identified and listed in Schedule 1 _ Pest Plants or any
artificial plant be installed and/or counted as part of the minimum plantings required by use or
parking lot planting.
Acer ginnala
Acer plantonoides
Ailanthus altissima
Albizzo iu/ibrissin
Euonyumus alata
Euonymus fortunei
Ligustrum spp.
Ligustrum vulgare
Lonicera japonica
Lythrum salicaria
Pinus nigra
Polygonum cuspidatum
Pueraria lobata
Rhamnus cathartica
Rhamnus davurica
Rhamnus fran ula
Amur maple
Norway maple
Tree-ai-heaven
Mimosa
Winged wahoo-burning bush
Wi nter creeper
Privets
Privet
Japanese honeysuckle
Purple loosestrife
Austrian pine
Japanese knotweed
Kudzu 'Ii ne
Common buckthorn
Oahurian buckthorn
Alder buckthorn
7-14
Jeffersonville Zoning Ordinance
"
. . .
Landscaping Standards (LA)
( continued)
G. Nothing in these standards shall preclude the use and enjoyment of a wildlife area that is certified by
a state or nationally recognized organization.
H. All site plans must contain the species and caliper size at DBH of all existing trees, bushes and
significant plants.
1. Care should be taken to attempt to preserve all trees with a caliper size of twenty-four (24) inches or
greater.
LA-02: This Landscaping Standards section applies to the following districts:
fRf1~frjJHr;iJ~~~~M~
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Single Family (Option 2) . Deciduous, and
Evergreen
Multiple Family
Deciduous, and
Evergreen, and
Flowering Ornamental, aod
Foundation Plantings
Retail Commercial (Not ,Deciduous, and
DC district) Evergreen, and
Flowering Ornamental, and
Foundation Plantings
Office Commercial (Not Deciduous, and
DC district) Evergreen, and
Ornamental, and
Foundation Plantings
Deciduous, and
Evergreen, and
Flowering Ornamental, and
Foundation Plantings
Industrial (Not DC district) Deciduous, and
(Not NI district) Evergreen, and
Flowering Ornomental, and
Foundation Plantings
Institutional (Not DC
district)
2
lot <] 0,000 sq. ft. and 1 per additional 10,000
sq. ft.
lot <] 0,000 sq. ft. and 1 per additional] 0,000
sq. ft.
lot < 1 0,000 sq. ft. and 1 per additional] 0,000
sq. ft.
2 dwelling units
2 dwelling units
4 dwelling units
10 In. ft. of perimeter
] 000 sq. ft. floor area
] 000 sq. ft. floor area
] 000 sq. ft. floor area
20 In. ft. of perimeter
1000 sq. ft. floor area
1000 sq. ft. floor area
1000 sq. ft. floor area
lOin. ft. of perimeter
1000 sq. ft. floor area
1000 sq. ft. floor area
1000 sq. ft. floor area
] 0 In, ft. of perimeter
3000 sq.. ft. floor area
3000 sq. ft. floor area
3000 sq. ft. floor area
30 In. ft. of perimeter
2" caliper
,6 feet tall
2" caliper
6 feet tall
,6 feet tall
12" tall
2" caliper
6 feet tall
6 feet toll
18" tall
2" cali per
6 feet tall
.6 feet tall
18 tall"
2" caliper
6 feet tall
6 feet tall
18" tall
2" caliper
6 feet tall
6 feet tall
24" tall
A. All tree caliper's must be measured at DBH.
B. The plantings required to meet Buffer Yard or Parking lot standards may not be counted toward this
minimum landscaping requirement listed above.
Article Seven: Development Standards
7-15
(1 !'
.' T
if
T
Landscaping Standards (LA)
C. The use of species native to the region is encouraged. A reduction of up to twenty percent (20%) of
the total number of trees or shrubs required may be granted by the Planning Director if eighty percent
(80%) or more of the trees and/or shrubs to be planted are native species as identified and listed in
Schedule 2.
(continued)
Schedule 2: Native Plants . ,
CaITOPY Trees . . "., ' '"
SCientific Name
Quercus alba
Quercus rubro
Quercus velutina
Acer rubrum
Acer sacharum
Diospyros virginiana
Fraxinus americana
Nyssa sylvatica
Pinus enhinata
Quercus coccinea
Quercus falcata
Quercus marilandica
Quercus muhlenbergii
Quercus shumardii
Quercus stellato
Ulmus rubra
Sassafras albidum
Fagus grandifolia
Liriadendran tulipifera
Aesculus glabra
Gymnocladus dioicus
Juglans nigra
Liquidambar styraciflua
Platanus occidentalis
Common Name
White oak
Red oak
Black oak
Red maple
Sugar maple
Common persimmon
White osh
Block tupelo
Short-leaf pine
Scarlet oak
Southern red oak
Blackjack oak
Chinkapin oak
Shumard's oak
Post oa k
Slippery elm
Sassafras
American beech
Tulip tree
Ohio buckeye
Kentucky coffeetree
Black walnut
Sweet gum
American s camore
Sciimtific Nanie
Amelanchier orborea
Ceanothus americonus
Cercis canadensis
Cornus drummandi
Cornus florido
Corn us racemosa
Parthenocissus quinquefolia
Rhus oromotica
Symphoricarpos orbiculatus
Ostrya virginiano
Hamamelis virginiona
Asimina triloba
Car inus coro/iniona
CommonNllme
Downy service-berry
New Jersey. teo
Redbud
Rough-leaf dogwood
Flowering dogwood
Gray dogwood
Virginia. creeper
Fragrant sumac
Coral.berry
Eastern hop-hornbeom
American witch. hazel
Cammon pawpaw
American hornbeam
Scientific Name
Campsis rod icons
lIex decidua
Common Name
Trumpet-creeper
Deciduous hell
1-16
jeffersonville Zoning Ordinance
..
. .,
.
-"
Landscaping Standards (LA)
D. Any existing deciduous tree over six (6) inches in caliper at DBH counts as three (3) new trees of the
same "type"; and any existing evergreen tree over ten (10) feet tall counts as two (2) new trees of the
same "type".
E. Existing vegetation on site may be counted toward the minimum landscaping requirements if it meets
or exceeds the above size requirements, and is in good health.
F. Plantings within a certified wildlife area may be counted toward the minimum landscaping
requirements if they meet or exceed the above size requirements.
G. Orange construction fencing must be installed during construction at or beyond the drip line of each
tree to be preserved and be marked "Do Not Remove" on the site plan. This requirement may be
waived by the Planning Director.
H. Any trees marked "Do Not Remove" on the site plan that are removed or injured beyond repair
will be subject to civil violations as outlined in Article 13. Each tree removed or injured shall be
considered a single civil violation.
I. All foundation plantings must be within ten (10) feet of the structure's foundation and should consist
of shrubs, ornamental shrubs, ornamental plants, or flowering plants.
J. Substitutions of minimal plantings required (table above) must be reviewed and approved by the
Planning Director and must be equal to or greater than that which is required.
(continued)
LA-03: This Landscaping Standards section a lies to the following districts:
wmrn.; ~ M f?[f ~."..:.;
~~~~ ~ ~ ~
Minimum parking lot and perimeter standards:
A. Trees must be provided at a ratio of one (1) tree per twenty-five (25) lineal feet along a public street
and one (1) tree per thirty-five (35) lineal feet along a side and rear lot line setback area. Trees may
be spaced irregularly in informal groupings or be uniformly spaced, as consistent with larger overall
planting patterns and organization. Perimeter landscaping along a street may be located in, and
should be integrated with, the streetscape in the street right-of-way. Plantings within the right-of-way
require permission from Jeffersonville Board of Public Works
B. Parking lots with six (6) or more spaces must be screened from adjacent uses and the street.
Screening must consist of an earthen berm, plant material or a combination of such elements which
must have a minimum height of thirty-six (36) inches. The screening must extend a minimum of
seventy percent (70%) along the street frontage and rear and side lot lines.
C. To eliminate excessive heat build-up and emission from large parking areas, landscape islands must
be provided for every thirty (30) parking spaces. All landscape islands must be at least three hundred
(300) square feet in size, contain at least one six (6) foot tall tree that will exceed thirty (30) feet when
fully mature, and be designed such that any root ball of a tree is not wi thin four (4) feet of any edge
of the island.
D. Plans submitted shall include a graphic depiction of the parking lot screening and islands as seen
from the street.
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i.
Landscaping Standards (LA)
LA-04: This Landsi1 Standards section applies 10 Ihe following districts:
[@~ NI
(continued)
Minimum parking lot and perimeter standards:
A. Trees must be provided at a ratio of one (1) tree per twenty-five (25) lineal feet along a public street
and one (1) tree per forty (40) lineal feet along a side and rear lot line setback area. Trees may be
spaced irregularly in informal groupings or be uniformly spaced, as consistent with larger overall
planting patterns and organization. Perimeter landscaping along a street may be located in, and
should be integrated with, the streetscape in the street right-of-way. Plantings within the right-of-way
require permission from the Jeffersonville Board of Public Works.
B. Parking lots with six (6) or more spaces must be screened from adjacent uses and the street.
Screening must consist of a masonry wall, planter, earthen berm, plant material or a combination of
such elements. which shall have a minimum height of thirty-six (36) inches. Concrete block fences
are not permitted. The screening must extend a minimum of seventy percent (70%) along the street
frontage and rear and side lot lines. Plans submitted shall include a graphic depiction of the parking
lot screening as seen from the street.
LA-OS: This Landscaping Standards section applies to the following districts:
~~
A. Any part of a property adjacent to a public street shall be required to install landscaping as described:
a. When adjacent to an arterial or collector street:
I. An additional ten (10) feet of setback is required and must be designated on the development
plan or site plan as a landscape easement.
2. Either a decorative fence or undulating berm must be required as described below:
i. Fence: A minimum six (6) foot tall decorative metal fence. The fence must be between ten
(10) and twenty (20) feet from the property line. The fence shall have a "finished" look to
both sides and shall be black or other very dark color. The fence must have the character of
a wrought iron fence.
11. Undulating Berm: A five (5) foot tall undulating berm parallel to the property line. The
undulating berm must not have slopes exceeding one (I) unit of rise for every three (3) unit
of run (1:3 ratio). The slope of the undulating berm must maintain at least five (5) feet of
separation from the right-of-way.
3. One (I) evergreen tree and two (2) deciduous canopy trees must be planted for every forty (40)
feet of contiguous boundary with the street.
4. All required trees must be planted between five (5) and fifteen (15) feet from the property line.
b. When adjacent to a local street:
I. An additional five (5) feet of setback is required and must be designated on the development
plan or site plan as a landscape easement.
2. Either a decorative fence or undulating berm must be required as described below:
i. Fence: A minimum four (4) foot tall decorative metal fence. The fence shall have a
"finished" look to both sides and shall be black or other very dark color. The fence must
have the character of a wrought iron fence.
II. Undulating Berm: A three (3) foot tall undulating berm parallel to the property line. The
undulating berm must not have slopes exceeding one (I) unit of rise for every three (3) unit
of run (1:3 ratio).
3. One (I) evergreen tree and one (] ) deciduous canopy tree must be planted for every forty (40)
feet of contiguous boundary with the street, planted within twenty (20) feet of the property line.
1-18
Jeffersonville Zoning Ordinance
,0
'. .
Buffer Yard Standards (BY)
7.11 Buffer Yard Standards (BY)
BY-O 1: This BUffi. er ~a.,:d S. t..a..... n. d'HIs sectio~. a.~1ies to, the following districts:
r0~m~~~ "','.'", lMJITfj
A. The general purpose of a buffer yard is to soften the potential conflicts between potential uses in one
zoning district from the potential uses in another adjacent district by using distance, plantings, fences,
and mounds. The potential degree (or intensity) of conflict (or potential conflict) between two Zoning
Districts will detennine the extent of Buffer Yard required.
B. The following Buffer Yard Standards apply to all buffer yards.
a. The Buffer Yard Standards only apply along the property lines where the two (2) conflicting
Zoning Districts meet.
b. The developer or owner of the subject property is responsible for installing the Buffer Yard.
c. The adjacent property owner does not have to participate in installing the Buffer Yard.
d. An irregular row and spacing of trees is preferred. However, trees shall be a maximum of twenty
(20) feet apart.
e. All deciduous canopy trees must have at least a two (2) inch caliper and all evergreen must be six
(6) feet in height when planted.
f. Trees, vegetation, irrigation systems, fences, walls and other landscape elements shall be
considered as elements of the project in the same manner as parking and other site details. The
applicant and/or landowner, and their successors in interest are responsible for the regular
maintenance of all landscaping elements so that they are kept in good condition. All landscaping
must be maintained free from disease, pests, weeds and litter. All landscape structures such as
fences and walls must be repaired or replaced periodically to maintain a structurally sound and
aesthetic condition.
g. [fthe applicant can produce evidence that the planting area is too wet for evergreen trees, the
applicant may substitute another type of tree as approved by the Planning Director.
h. Nothing in these standards precludes the use and enjoyment of a wildlife area that is certified by a
state or nationally recognized organization.
1. Plantings within a certified wildlife area may be counted toward the minimum landscaping
requirements if they meet the size requirements.
J. Any existing deciduous tree in the buffer yard and over six (6) inches in caliper at DBH counts as
three (3) new trees of the same "type"; and any existing evergreen tree in the buffer yard over ten
(10) feet tall counts as two (2) new trees of the same "type".
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Article Seven: Development Standards
1-19
I....
... T
Buffer Yard Standards (BY)
(continued)
k. Under no circumstances may the species identified in Schedule I - Pest Plants be planted and/or
counted as part of a buffer yard planting.
. ... ~ommonNam~
Amur maple
Norway maple
Tree-of-heaven
Mimosa
Winged wahoo-burning bush
Winter creeper
Privets
Privet
Japanese honeysuckle
Purple loosestrife
Austrian pine
Japanese knotweed
Kudzu vine
Common buckthorn
Dahurian buckthorn
Alder buckthorn
SciliiitifkName
Acer ginnala
Acer plantonoides
Ailanthus altissima
Albizza julibrissin
Euonyumus olata
Euonymus fortunei
Ligustrum spp.
Ligustrum vulgare
Lonicera iaponica
Lythrum salicario
Pinus nigra
Polygonum cuspidatum
Pueraria lobata
Rhamnus cathartica
Rhamnus davurica
Rhamnus fran ula
1. Any buffer yard element required by this Ordinance, Plan Commission, or the Board of Zoning
Appeals that dies, or is otherwise removed, must be replaced within sixty (60) days of death or
removal or be subject to fines and penalties as a civil violation. The Planning director may grant
an extension due to weather to comply, but not more than thirty (30) days in total.
7-10
JeffersonviBIe Zoning Ordinance
.,
,
" .
,
Buffer Yard Standards (BY)
m. The use of species native to the region is encouraged. A reduction of up to twenty percent (20%)
of the total number of trees or shrubs required may be granted by the Planning Director if eighty
percent (80%) or more of the trees and/or shrubs to be planted are native species as identified and
listed in Schedule.
(continued)
Scientific ,.a!1ie' > .
Quercus alba
Quercus rubra
Quercus velutina
Acer rubrum
Acer sacharum
Diospyros virginiona
Fraxinus americana
Nyssa sylvatica
Pinus enhinata
Quercus caccinea
Quercus falcata
Quercus marilandica
Quercus muhlenbergii
Quercus shumardii
Quercus stellato
Ulmus rubra
Sassafras albidum
Fagus grandifalia
Liriadendron tulipifera
Aesculus glabra
Gymnocladus dioicus
Jug/ans nigra
Liquidambar styracif/ua
Platanus occidental is
.~Cll!1fu*~ 'Name...
White oak
Red oak
Black oak
Red maple
Sugar maple
Common persimmon
White ash
Block tupelo
Short-leaf pine
Scarlet oak
Southern red oak
Blackjack oak
Chinkapin oak
Shumard's oak
Post oak
Slippery elm
Sassafras
American beech
Tulip tree
Ohio buckeye
Kentucky coffeetree
Black walnut
Sweet gum
American s camore
Scientific Naine.
Amelanchier arborea
Ceanothus americanus
Cercis canadensis
Camus drummondi
Comus Horida
Comus racemosa
Parthenocissus quinquefolia
Rhus aromatica
Symphoricarpos orbiculatus
Ostrya virginiana
Hamamelis virginiana
Asimina triloba
Cor inus caroliniana
CommoriNlIme' .
Downy service-berry
New Jersey - tea
Redbud
Rough-Ieof dogwood
Flowering dogwood
Gray dogwood
Virginia-creeper
Fragrant sumac
Coral-berry
Eastern hop-hornbeam
American witch-hazel
Common pawpaw
American hornbeam
Scientific Name
Campsis radicans
Ilex decidua
Common Name
Trumpet-creeper
Deciduous holl
Article Seven: Development Standards
7-2 f
!- .y'" ..... T
Buffer Yard Standards (BY)
(continued)
C. The following matrix determines the type of Buffer Yard which must be installed as part of the
subject development. First find the Zoning District of the Subject Property (across the top). Second,
find the Zoning District of the Adjacent property (in the left column). Where the two intersect on the
matrix there is a letter (A, 8, C, etc. ) or a blank space. When there is a blank space no Buffer Yard is
necessary. If an "A", "B", "C" or other letter is indicated in the matrix, a Buffer Yard is mandatory.
/1 Adjacent
District ~
RI E 0 G B ( A B ( (
R2 E D G B ( A B E ( (
R3 E D G B ( A B E ( C
MI E G E ( A B E ( (
M2 E G E ( A B E ( (
M3 A E E A E E 0
MP E G ( A B ( (
IS B B G B B E
PR G B
HC G
OC B
DC E
HC E
CI D
C2 D
HI B
II (
12 (
A = "A" Buffer Yard E = "En Buffer Yard
B = "B" Buffer Yard F = "Fn Buffer Yard
( = "e" Buffer Yard G = "G" Buffer Yard
o = "D" Buffer Yard
F
F
F
F
F
F
F
F (
(
(
(
(
(
F
o
D
o
D
o D
D 0
D
D
o
(
(
D
D
D
D
o
E
E
E
E
E
H. Buffer Yard "A":
a. One (I) deciduous canopy tree every twenty (20) feet and one (I) evergreen tree every forty (40)
feet shall be planted for of contiguous boundary with the conflicting district.
b. All trees must be planted between five (5) and fifteen (I5) feet from the property line that is
contiguous to the conflicting property.
D. Buffer Yard "B":
a. An additional ten (10) feet of setback is required in addition to the normal setback.
b. One (I) deciduous canopy tree and one (1) evergreen tree must be planted for every twenty (20)
feet of contiguous boundary with the conflicting district.
c. All trees must be planted between five (5) and fifteen (15) feet from the property line that is
contiguous to the conflicting property.
7-22
Jeffersonville Zoning Ordinance
.....
.
Buffer Yard Standards (BY)
E. Buffer Yard "e":
a. An additional twenty (20) feet of setback is required in addition to the nonnal setback.
b. One (1) deciduous canopy tree and two (2) evergreen trees must be planted for every twenty (20)
feet of contiguous boundary with the conflicting district.
c. All trees must be planted between five (5) and fifteen (15) feet from the property line.
F. Buffer Yard "0":
a. An additional thirty-five (35) feet of setback is required in addition to the nonnal setback.
b. A row of deciduous canopy trees must be planted no more than twenty (20) feet apart from one
another.
c. Additionally, a five (5) foot tall fence, or five (5) foot tall undulating benn, or a row of evergreen
trees no more than twelve (12) feet apart shall also be installed parallel to the property line and at
least five (5) feet from the deciduous canopy trees.
d. All trees must be planted between ten (10) and thirty (30) feet from the property line.
G. Buffer Yard liE":
a. An additional ten (10) feet of setback is required in addition to the nonnal setback.
b. A six (6) foot tall fence, or five (5) foot tall undulating benn, or a row of evergreen trees planted
no more than twelve (12) feet apart, must also be placed parallel to the property line.
1. Buffer Yard "F":
a. A six (6) foot tall fence or a row of evergreen trees planted no more than twelve (12) feet apart,
must be placed parallel to the property line.
b. All trees must be planted between five (5) and fifteen (15) feet from the property line which is
contiguous to the conflicting property.
1. Buffer Yard "G":
a. An additional fifteen (IS) feet of setback is required in addition to the nonna! setback.
b. Either a fence or undulating benn shall berequired as described below:
1. Fence: A six (6) foot tall decorative metal or decorative wood privacy fence. The fence must
be at least fifteen (15) feet but no more than twenty-five (25) feet from the property line. The
fence shall have a "finished" look to both sides of the fence.
2. Undulating Senn: A five (5) foot tall undulating berm must be installed parallel to the property
line. The undulating benn must not have slopes exceeding one (I) unit of rise for every
three (3) unit of run (I :3 ratio). Also, in addition to the trees required below, at least two (2)
understory trees or woody bushes must be planted on the benns for every thirty (30) feet of
contiguous boundary with the conflicting district.
c. One (I) evergreen tree and two (2) deciduous canopy trees must be planted for every thirty (30)
feet of contiguous boundary with the conflicting district.
d. All trees must be planted between five (5) and fifteen (15) feet from the property line.
(continued)
Article Seven: Development Standards
1-23
...."" 't',
. ,
Expressway Buffer Standards (EB)
7.12 Expressway Buffer Standards (EB) .
EB-O I: This Expressway Buffer Yard Standards section applies to those properties within the following districts
which are adjacent to an expressway:
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A. The intent of an expressway buffer yard is to mitigate and buffer land uses from the negative effects
of an expressway such as noise and safety concerns.
B. The Primary Structure must be a minimum of one-hundred (100) feet from the lot line that is adjacent
to the expressway. In addition the following buffer requirements apply:
a. Two staggered rows of deciduous canopy trees must be planted such that there is one tree every
(20) feet along the entire property line that abuts the expressway.
b. Additionally, a six (6) foot tal! fence, or five (5) foot tal! undulating berm, or a row of evergreen
trees no less than twelve (12) feet apart must also be planted parallel to the property line and the
evergreen trees must be at least twenty (20) feet from the deciduous canopy trees.
c. All trees must be planted between ten (10) and forty (40) feet from the property line and within the
subject property.
C. Trees, vegetation, irrigation systems, fences, walls and other landscape elements shall be considered
as elements of the project in the same manner as parking and other site details. The applicant and/
or landowner, and their successors in interest, are responsible for the regular maintenance of all
landscaping elements so that they are kept in good condition. All landscaping must be maintained
free from disease, pests, weeds and litter. All landscape structures such as fences and walls must be
repaired and replaced periodically to maintain a structurally and aesthetically sound condition.
D. Any landscape element that dies, or is otherwise removed, must be promptly replaced based on the
requirements of this Article.
E. The Planning Director may waive the requirements for a wall or berm if the expressway has a natural
or built feature that serves the same purpose.
7-14
Jeffersonville Zoning Ordinance
.. -j"
Environmental Standards (EN)
7.13 Environmental Standards (EN)
EN-O 1: This Environmental Standards sect. ion a~s to the follOwin
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No land shall be used or structure erected where the land is unsuitable for such use or structure due to
pre-development slopes greater than twenty-five percent (25%), adverse soil or rock formation, erosion
susceptibility, low percolation rate or bearing strength, or any other feature likely to be harmful to the
health, safety, prosperity, aesthetics, and general welfare of the community. In addition the following
standards must be met:
A. Drainage and Surface Water: All development which requires official review and approval of Plan
Commission or its Plat Review Committee, Board of Zoning Appeals, Board of Public Works
and Safety, City Engineer or Building Commissioner is also subject to drainage review by the
Jeffersonville Drainage Board as described in the Storm, Drainage, Erosion and Sediment Control
Ordinance (Ord. #98-0R-36). Single family dwellings and two-family dwellings and their accessory
structures are exempt from drainage review. For those structures the following regulations apply.
a. It is the responsibility of the owner of any lot or parcel ofland developed for any use to provide
for adequate surface water drainage. Existing natural surface drainage must be maintained.
\Vhenever the natural surface drainage is inadequate the owner must provide the parcel with an
adequate surface water drainage system that is integrated into the drainage pattern of surrounding
properties. Swales must be placed in an easement to prohibit future filling or constructing.
b. Drainage: Drainage swales (ditches) along dedicated roadways and within the right-of-way or on
dedicated drainage easements may not be altered, except for maintenance as originally constructed
and as approved by the Planning Director, City of Jeffersonville, the Jeffersonville Drainage
Board, or Indiana Department of Transportation. Driveways may be constructed over these or
other approved structures, only as permitted by the appropriate agency.
B. Preservation of Natural / Historic Features: Existing natural and historic features which would add
value to development of natural or man-made assets of the city such as trees, streams, vistas, lakes,
historical landmarks, and similar irreplaceable assets must be preserved, when possible, through
harmonious and careful design. Land to be developed must be designed and improved as far as
practical in conformity to existing topography in order to minimize storm water runoff, and conserve
the natural cover and soil.
C. Landscaping: Any part or portion of a non-farm parcel which is not used for structures, loading
or parking spaces, sidewalks and accessory uses must be landscaped or left in a natural state. If
landscaped, the parcel must be planted with an all season ground cover, must be landscaped with trees
and shrubs in accordance with the site plan, and shall be in keeping with natural surroundings.
D. Cut / Fill Grade: No cut or fill grade may exceed a slope of 3: 1 or 33-1/3 percent. This provision
applies to all cuts and fills exceeding 100 square feet in exposed surface area, including cuts or fills
on land naturally exceeding 3: I in slope.
E. Erosion Prevention: All land, regardless of slope, from which structures or natural cover has been
removed or otherwise destroyed, must be appropriately graded and seeded within thirty (30) days
after the removal or destruction of said natural cover to prevent erosion.
F. Alterations to Shoreline: No alteration of the shoreline or bed of a river or public lake shall be made
until written approval is obtained from the Indiana Department of Natural Resources and Army Corp
of Engineers, and the provisions of this ordinance are complied with. Alterations include, among
other things, filling of a river or wetlands, dredging of a riverbed, and ditch excavation within one
halfmile ofa water body.
Article Seven: Development Standards
7-25
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Environmental Standards (EN)
G. Retention. Detention. and Pond Ede-es: All retention, detention, and pond edges must be maintained
with a buffer of natural plantings within twenty (20) feet of the peak elevation. The use of engineered
hard edges is not permitted except around inlets and outlets. The use of engineered hard edges may
not exceed five percent (5%) ofIineal feet of the total edge of any retention facility, detention facility,
or pond. Under no circumstances is "rip-rap" permitted.
H. Code Compliance/Hazardous Waste: All development must be in compliance with Title 7 of the
Indiana Code, as amended, as it relates to hazardous waste, low level nuclear waste, underground
storage tan.kS, waste tires, and other applicable chapters of said Title.
1. Code Compliance/ Environmental Ouality: All development must be in compliance with Title 13
of the Indiana Code, as amended, as it relates to air pollution control, water pollution control, solid
waste management, and other applicable chapters of said Title.
1. Waste Disposal: No waste materials such as garbage, rubbish, trash, construction material, gasoline,
oil, flammables, soils, tars, chemicals, greases, industrial or agricultural waste, or any other material
of such nature, quantity, obnoxiousness, toxicity, or temperature that may contaminate, pollute, or
harm the waters may be deposited, located, stored, or discharged on any lot in a way that would be
likely to runoff, seep, or wash into surface or ground water.
K. Fuel Storage: No flammable or explosive liquids, solids, or gasses as specified by the State Fire
Marshal may be stored in bulk above ground, except tanks or drums of fuel connected directly with
energy devices or heating appliances located and operated on the same lot as the tanks or drums of
fuel.
L. Debris/Refuse: Debris, refuse, trash, construction material, garbage, litter, unfinished buildings, or
rotting wood may not accumulate on any property, in any zoning district.
M. Sedimentation /Public Health: No debris, weeds, trash, or construction material may accumulate
along the curb, gutter or ditches in front of any property.
N. Treatment ofFill: Material used for fill where permitted by this ordinance and/or by the IDEM,
IDNR, or other governmental agency, must be promptly covered and seeded.
o. View Requirements: Where a proposed structure will eliminate more than fifty percent (50%) of an
adjacent structure's view or exposure to the sun, an additional yard area setback may be required by
the Planning Director so that at least a fifty percent (50%) view or exposure may be maintained.
P. Improvement Location Permit/Building Permit Requirements: The following activities are permitted
with no Improvement Location Permit/Building Permit required, provided all other applicable
standards are met.
a. Normal plowing and preparing the land for farming, gardens, and yards.
b. Normal trimming and/or removal of trees and shrubs for maintenance and/or site preparation.
c. Earth movements related to farming and other agricultural activity.
d. Drain tile laying and ditch cleaning.
Q. Proiects Affectin~ Regulated Drains: Regulated drains are under the jurisdiction of the Jeffersonville
Drainage Board. The Jeffersonville Drainage Board or Jeffersonville City Engineer shall review
and approve all development or projects directly affecting a regulated open ditch or tile per I.c.
36-9-27-13 of the Indiana Drainage Code.
(Continued)
7-26
Jeffersonville Zoning Ordinance
. ~ ": II
Floodplain Standards (FP)
7.14 Floodplain Standards (FP)
FP-O I: This ~~Iai. n Standards sect. ion ~.......~es to the fOllOW.... ing districts:
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Intent: The intent of floodplain standards are to protect from loss of property and maintain natural areas
that help mitigate flooding downstream. Jeffersonville's Plan Commission and Board of Zoning Ap-
peals should strive to prevent any infilling of land in the floodplain, or constructing of any structures.
The floodplain includes the channel, floodway, and floodway fringe of a 100 year flood. Floodplain'
boundaries are to be determined by using the Floodway-Flood Boundary Maps of the Federal Insurance
Administration/Federal Emergency Management Administration or best available information. The Plan-
ning Director may require a applicant to acquire a surveyor or engineer to whether a parcel of land lies
partially or entirely within the floodplain.
Statement of Purpose: Under the authority granted to local units of government to control land use within
their jurisdiction, which includes taking into account the effects of flooding, the City Council adopts the
following floodplain management regulations in order to accomplish the following:
to prevent unwise developments from increasing flood or drainage hazards to others,
to protect new buildings and major improvements to buildings from flood damage,
to protect human life and health from the hazards of flooding,
to lessen the burden on the taxpayer for flood control projects, repairs to flood-damaged public
facilities and utilities, and flood rescue and relief operations, and
to maintain property values and a stable tax base by minimizing the potential for creating flood-
blighted areas.
All development shall be prohibited within the floodplain except as outlined below.
A. The following uses shall be permitted, provided they are permitted by the underlying district:
a. Agricultural uses such as crop production, pastures, orchards, tree farms, plant nurseries,
vineyards, and general farming.
b. Forestry, wildlife areas and nature preserves.
c. Parks and recreational uses.
d. Public streets, bridges, and roadways.
B. Uses permitted as a Special Exception are as follows:
a. Unenclosed riding stables or trails,
b. Telephone exchange,
c. Utility substations,
d. Public wells,
e. Water treatment plants,
f. Water management use facilities such as dams, docks, channel improvements, dikes, jetties,
marinas, piers, wharves, levees, seawalls, floodwalls, and irrigation facilities,
g. Public/private parking areas of any type,
h. Golf courses,
i. Driving ranges, and
j. Artificial lakes of one (I) or more acres.
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Artkle Seven: Development Standards
7-27
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Floodplain Standards (FP)
C. An Improvement Location Permit is required if any structure or use (except farming activities
other than the construction of structures) is proposed to be erected, any excavation opened, or any
material deposited in the floodplain. The application for an Improvement Location Permit must be
accompanied by the following:
a. A description of the proposed development.
b. Location of proposed development - sufficient to accurately pinpoint the property and structure in
relation to existing roads and streams.
c. A legal description of the property site.
d. A site development plan showing existing and proposed structure locations and existing and
proposed land grades.
e. Elevation of lowest floor (including basement) of all proposed structures.
f Base flood elevations. If the stream or waterway is located outside the FEMA detailed study areas
base flood elevations must be approved by IDNR.
D. If the site is in the floodway the staff shall require the applicant to forward the application, along with
all pertinent plans and specifications, to IDNR and apply for a permit for construction in a floodway.
Under the provisions ofIC 13-2-22 a permit from IDNR is required prior to any excavation, deposit,
construction or obstruction activity located in the floodway. This includes land preparation such as
filling, grading, clearing, and paving, etc. undertaken before the actual start of construction of the
building. No action shall be taken by the staff until a permit has been granted by IDNR granting
approval for construction in a floodway. The Planning Director may issue an Improvement Location
Permit provided that the provisions contained in FP-O I of this Ordinance and The Storm, Drainage,
Erosion and Sediment Control Ordinance have been met.
E. If the site is located in the floodway fringe, the Planning Director may issue an Improvement
Location Permit provided that the provisions contained in FP-OI of this Ordinance and The Storm,
Drainage, Erosion and Sediment Control Ordinance have been met.
F. Facilities (nonresidential) may be constructed within the floodplain provided that the flood protection
grade for all buildings is at least two (2) feet above the regulatory flood profile. Floodproofed
nonresidential may also be constructed; provided, that the plans and necessary specifications are
certified by a professional engineer or registered architect licensed to practice in the State of Indiana.
A registered professional engineer or architect shall certify that below the flood protection grade
the structure and attendant facilities are watertight and capable of resisting the affects of regulatory
flood. The building design must take into account flood velocities, duration, rate of rise, hydrostatic
pressures, and impacts from debris or ice. Also, on-site waste disposal systems may be permitted
only in accordance with the policies of the Clark County Health Department.
G. The Planning Director and/or Jeffersonville Drainage Board may require any or all of the following
measures as conditions of approval of new construction:
a. Retention or detention of storm water runoff to minimize the increase in floodflows due to
watershed urbanization.
b. Erosion and sedimentation control during construction projects to reduce siltation resulting in loss
of channel carrying capacity.
c. Additional fill to reduce flood danger.
H. Under no circumstance may there be a net loss offlood water capacity. No development is permitted
that acting alone or in combination with existing or future similar works, will cause any increase in
the elevation of the regulatory flood.
(Continued)
7-28
Jeffersonville Zoning Ordinance
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Floodplain Standards (FP)
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I. The Jeffersonville Board of Zoning Appeals when hearing variance requests from this section of the
Ordinance shall consider the following:
a. The potential damage to personal property belonging to private individuals other than the property
or building owner.
b. The increased hazard the proposed structure may cause to other structures and properties.
c. The potential risk to stranded individuals and rescue workers.
d. Whether the site is subject to more frequent flooding than the 100-year flood.
e. Whether there are other options for locating the structure.
f. The necessity of the particular use or structure within the floodplain.
1. The applicant must demonstrate that there will be no net loss offlood storage capacity. All fill must
come from subject property in order to ensure flood water storage capacity.
(Continued)
Article Seven: Development Standards
7-29
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Performance Standards (PF)
7.15 Performance Standards (PF)
PF-O I:
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All uses established or placed into operation after the effective date of this Ordinance shall comply with
the following performance standards in the interests of protecting public health, safety, and general
welfare and lessening damage to property. No use on a property shall exhibit obnoxious characteristics
to the extent that it constitutes a public nuisance or interferes with reasonable enjoyment of neighboring
properties. No use in existence on the effective date of this Ordinance shall be altered or modified to
conflict with these standards:
A. Air Pollution: No use on a property shall release fly ash, dust, smoke, vapors, noxious, toxic or
corrosive matter or other air pollutants in such concentration as to be detrimental to health, animals,
vegetation or property, or to conflict with public air quality standards.
B. Electrical Disturbance: No use on a property shall cause electrical disturbance adversely affecting
radio, television or other equipment in the vicinity.
C. Fire Protection: Fire fighting equipment and prevention measures acceptable to the local Fire
Departments shall be readily available and apparent when any activity involving the handling and
storage of flammable or explosive materials is conducted.
D. Noise: No use on a property shall produce noise in such a manner as to be objectionable because
of volume, frequency, intermittence, beat, shrillness, or vibration. Such noise shaH be muffled or
otherwise controHed so as not to become detrimental. Public safety sirens and related apparatus used
solely for public purposes shall be exempt from this standard.
E. Odor: No use on a property shall emit across lot lines any gas or matter with a bad odor in such
quantity as to be readily detectable at any point along such lines.
F. Vibration: No use on a property shall cause vibrations detectable beyond lot lines without the aid of
instruments.
G. Heat and Glare: No use on a property shaH produce heat and glare in such a manner as to create
a hazard to neighboring property. Nor shall any such heat or glare interfere with the reasonable
enjoyment of neighboring property, or transportation function.
H. Waste Matter: No use on a property shall accumulate within the lot or discharge waste matter beyond
the lot lines.
1. Water Pollution: No use on a property shall produce erosion or other pollutants in such a quantity as
to be detrimental to adjacent properties or to conflict with public water quality standards.
7-30
Jeffersonville Zoning Ordinance
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Lighting Standards (LT)
7.16 Lighting Standards (LT)
LT-O I: This Lighting .St.a ndards...se..ct~...n..l~.......l.....l'.~....s. to the fOllow. ..ing. d......l....S......t..........r.....'. cts:
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The intent of lighting standards is to provide a level of illumination necessary for adequate, safe and
efficient movement of vehicles and persons without affecting neighboring properties. Further the level
ofiIlumination may vary according to the type of use on a lot. The intensity oflight created on any site
may not significantly go beyond the property line of the subject property.
The following lighting standards apply:
A. All lighting must be shielded with opaque material to prevent direct lighting on streets, alleys, and
adjacent properties.
B. All lighting elements used to cast light on building facades, features of buildings or signs must have
cutoff luminaires with less than a ninety-degree (90) angle ("down lighting").
C. Lighting for parking lots must all be consistent in color, size, height, and design. Further, all parking
lot lights must have cutoff luminaires with less than a ninety-degree (90) angle (down lighting) and
may be no more than twenty (20) feet in height.
D. All freestanding lights and lights mounted on walls or facades must have cutoff luminaires with less
than a ninety-degree (90) angle.
E. All lights within a single development must be consistent in style, design, height, size and color
throughout the development.
F. Lighting from a property may not cause more than a one-half (1/2) foot candle of illumination beyond
the property line of that property. The only exception to this standard is as follows:
a. When the subject property is zoned for business use and the adjacent property is also zoned for
business or industrial use, then the allowable light at the property line is one (I) foot candle (only
on the sides of the property that are adjacent to the similar Zoning District) .
b When the subject property is zoned for industrial use and the adjacent property is also zoned for
industrial use, then the allowable light at the property line is two and one half (2 1/2) foot candles
(only on the sides of the property that are adjacent to the similar Zoning District).
G. Measurements of light readings shall be taken along any property line of the subject property with a
light meter facing the center of the property at a height of six (6) feet.
ArticKe Seven: Development Standards
7.3 j
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General Sign Standards (GS)
7.17 General Sign Standards (GS)
GS-OI ~bG~~~~it~~~~i~~t~~~Wiillstricts INuO]
The intent of sign standards is to further the goals of the Comprehensive Plan; avoid the proliferation
of signage; encourage signs to be compatible with the scale of buildings and the surrounding area; to
maintain and enhance the aesthetic environment of the city; eliminate potential hazards to motorists and
pedestrians resulting from sign clutter; and, to promote the health, safety, and welfare of the citizens of
Jeffersonville.
A. Except as otherwise provided herein, it shall be unlawful for any person to erect, construct, enlarge,
move or convert any sign, or change the permanent copy on an existing sign structure within the
jurisdiction of the Jeffersonville Plan Commission, or cause the same to be done, without first
obtaining a sign permit from the Planning Director or its designee.
B. [nspection: Signs for which a permit is required may be inspected periodically by the Plan
Commission or Planning Director for compliance with this ordinance and other codes of the City.
C. Removal of Signs: The Plan Commission or Planning Director may order the removal of any
sign erected or maintained in violation of this Article. A thirty (30) day written notice describing
the violation and ordering either the removal of the sign or requiring the sign to be brought into
compliance shall be given to the owner and/or business operator. No notice shall be given for
temporary or portable signs. The Plan Commission or Planning Director may remove a sign
immediately and without notice if the condition of the sign presents an immediate threat to the safety
of the public. Any cost associated with signs removed by the Plan Commission and/or his agent,
pursuant to the provisions of this Article, shall be reimbursed by the owner of said sign. Should said
sign not be redeemed within forty-five (45) days of its removal, it may be disposed of in any manner
deemed appropriate by the City.
D. Maintenance: All signs and components thereof shall be kept in good repair and in safe, neat,
clean and attractive condition. If failure to maintain a sign is determined by the Plan Commission
or Planning Director, a written notice will be given to the owner, business operator or lessee of the
property. Thirty (30) days notice shall be given to the owner, business operator, or lessee of the
property to comply with the regulations. After thirty (30) days if the owner/business operator fails to
comply, penalties shall be imposed according to Article 13.
E. Abandoned Signs: A sign, all mountings, and related components shall be removed by the owner
or lessee of the premises upon which the sign is located when the business which it advertises
is no longer conducted on the premises. If the owner or lessee fails to remove the sign, the Plan
Commission or Planning Director shall give the Owner thirty (30) days written notice to remove it.
Upon failure to comply with this notice, the Plan Commission or Planning Director may remove the
sign. Any cost associated with signs removed by the Plan Commission and/or its designee, pursuant
to the provisions of this Article shall be reimbursed by the owner of said sign. Should said sign not
be redeemed within forty-five (45) days of its removal, it may be disposed of in any manner deemed
appropriate by the City.
F. Illuminated Signs: All illuminated signs must meet the standards as specified in the State Electrical
Code, as adopted and amended by the State of [ndiana. In addition, all illuminated signs shall comply
with the following standards:
a. No sign shall have blinking, flashing, or fluttering lights, nor shall any device be utilized which
has a changing light intensity, brightness of color, or give such illusion except that portion of the
sign reserved for time and temperature.
b. All illuminating elements shall be kept in satisfactory working condition and immediately repaired
or replaced if damaged or burned out.
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7-31.
Jeffersonville Zoning Ordinanc.e
,~ .:.
General Sign Standards (GS)
c. All electrical wiring for pennanent signs shall be in conduit. All electricity for signs shall have a
disconnecting switch located in a readily accessible place.
d. The direct or reflected light from a primary light source shall not create a traffic hazard to
operators of motor vehicles on public and/or private roadways.
e. The light from any illuminated sign shall be so shaded, shielded, or directed such that the light
intensity or brightness will not be objectionable to the surrounding properties. No light shall shine
directly onto adjacent property.
G. Exempt Sig:ns: The following signs are exempt from all provisions of this ordinance.
a. Flags of any country, state, unit of local government, institution of higher learning, or similar
institutional flags.
b. Names of buildings, date of erection, monumental citations, commemorative tablets and the
like when carved into stone, concrete or similar material or made of bronze, aluminum, or other
pennanent type construction and made an integral part of the structure. No commercial messages
or logos are pennitted on such integral signs.
c. Public signs of a noncommercial nature and in the public interest erected by or on the order of
public officer(s) in the perfonnance of public duty, such as signs to promote safety, no trespassing,
or traffic signs, memorial plaques, signs of historical interest, and signs directing people to public
and quasi-public facilities.
d. Utility signs used to mark cables and lines for public and private utilities except if detennined to
be a hazard by the Plan Commission.
H. Prohibited Signs: The following types of signs are expressly prohibited in all Zoning Districts.
a. Signs that utilize any motion picture, laser, or visual projection of images or copy in conjunction
with any business or advertisement.
b. Signs that emit audible sound, odor or visible matter.
1 c. Signs that purport to be or are in imitation of, or resemble an official traffic sign or signal or which
bear the words "Stop", "Slow", "Caution", "Danger", "Warning", or similar words.
d. Signs that may be construed as a light of an emergency or road equipment vehicle.
e. Signs in the Right-of- Way or that hide from view any traffic or roadway sign, signal or device.
f. Signs that interfere with the vision clearance triangle as defined in this Article, Section 7.23.
g. Signs that extend above the roof line or parapet of a building.
h. Roof signs.
\. Signs that have blinking, flashing, or fluttering lights or which has a changing light intensity,
brightness or color, or give such illusion, except that portion of a sign reserved for time and
temperature.
J. Signs that obstruct any door, fire escape, stairway, or any opening intended to provide entrance or
exit for any building or structure.
k. Signs placed on vehicles parked on public or private property primarily for the purpose of
displaying the sign. Prohibited signs do not include those displayed on vehicles parked for the
purpose of lawfully making deliveries or random sales or service. Prohibited signs do not include
vehicles which are customarily used for transporting persons or properties, and vehicles parked at
a driver's place of residence during non-business hours or for incidental purposes.
I. Any sign that is not expressly permitted in this Ordinance.
I. Noncommercial message: Noncommercial messages are permitted on all signs permitted by this
Article.
(Continued)
Article Seven: Development Standards
7-33
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Temporary Sign Standards (1S)
7.18 Temporary Sign Standards (TS)
TS-O I ~bTriE~~s~ni~r~i~i applies to the following distric~
The following temporary signs shall be pennitted. No permit is required.
A. Ground signs no larger than sixteen (16) square feet used to advertise the property for sale or lease.
B. A sign no larger than sixteen (16) sq. ft. advertising a legally permitted event which must be removed
ten (10) days after the event has transpired.
The following temporary signs shall be permitted and requires a Temporary Sign permit.
A. One (1) construction sign up to 32 square feet in size for one (I) year and renewable in one (I)
year increments in conjunction with a new sign permit being issued. Upon 90% build out of the
development, a construction sign is no longer permitted as temporary sign.
The following development standards apply.
A. No temporary sign shall be located within the vision clearance triangle as described in section 7.23.
B. Ground signs shall be a minimum often (10) feet from any property line.
TS-02: This T~8ra.........ry.........Standards section ~ies to the fOI...I_O..,.".'...w...'.'........i.n districts:
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The following temporary signs shall be permitted. A Temporary Sign permit is required unless otherwise
specified.
A. Temporary ground signs are permitted thirty (30) days per year.
B. Ground signs may be no larger than thirty-two (32) square feet.
C. A sign advertising a legally permitted event which shall be removed ten (10) days after the event has
transpired.
D. No temporary sign shall be located within the vision clearance area as described in section 7.23.
E. Temporary signs shall be a minimum often (10) feet from the property line.
F. Streamers and pennants are permitted for grand openings or special promotions. Such signs shall
only be permitted under the following conditions.
a. Such devices shall not be not be used for a time to exceed thirty (30) days in a six (6) month
period.
b. Such devices shall not contain any flashing lights at anytime.
G. Portable signs and banners are pennitted for grand openings or special promotions under the
following conditions.
a. Such signs shall not be not be used for a time to exceed thirty (30) days in a six (6) month period.
b. Such signs shall not exceed thirty-two (32) square feet.
c. One (1) portable sign is permitted per street frontage.
d. Such signs shall not contain any flashing lights at anytime.
e. Such signs shall not exceed nine (9) feet in height.
H. Off-site directional signs associated with a grand opening or special promotion are not to exceed six
(6) square feet or three (3) feet in height. Such signs are only permitted for the duration of the grand
opening or special promotion.
I. One (I) construction sign up to 32 square feet in size for one (l) year and renewable in one (I)
year increments in conjunction with a new sign permit being issued. Upon 90% build out of the
development, a construction sign is no longer permitted as temporary sign.
7-34
Jeffersonville Zoning Ordinance
. ) ~; ..
Permanent Sign Standards (PS)
7.19 Permanent Sign Standards (PS)
PS-O I: This Permanent Sign Standards section applies to the following districts:
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The following signs shall be permitted. All signs require a permit unless otherwise specified. No ground
sign shall be located within the vision clearance area. Ground signs shall be a minimum of fifteen (15)
feet the from right-of-way.
A. One (I) sign not exceeding a combined area of one (I) square foot in area is permitted on the primary
structure. No permit is required. No illumination is permitted.
B. Identity signs for residential projects in conjunction with a legally permitted use may have two (2)
signs per entrance. Said signs shall not exceed four (4) feet in height. Maximum size for all signs in
combination shall be fifty (50) square feet in area.
PS-02: This Permanent Sign Standards section applies to the following districts:
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The following signs shall be permitted for institutional uses and park lands. All signs require a permit
unless otherwise specified. No ground sign shall be located within the vision clearance area. Ground
signs shall be a minimum of fifteen (15) feet from the right-of-way.
A. One (I) ground sign per entrance in conjunction with a legal permitted use not exceeding six (6) feet
in height and fifty (50) square feet in area.
B. One wall sign in conjunction with a legally permitted use not exceeding thirty-two (32) square feet in
area.
C. Directional signs no more than five (5) feet in height and no more than six (6) square feet in area. No
permit is required.
PS-03: This Permanent Sign Standards section applies to the following district:
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The following sign regulations shall apply. All signs require a permit unless otherwise specified.
A. Total sign area allowed per lot: One (I) x the length of building that faces the road equals (=) the
amount of signage allowed per lot. [For example: If a building is fifty (50) feet wide then fifty (50)
square feet of signage would be allowed for the lot.]
B. Any combination of the following signs may be used as long as they do not exceed the total area
allowed per lot.
. Wall sign
. Awning sign
. Projecting sign
. Ground sign
. Directional sign
. Changeable copy sign
. Time & temperature sign
Article Seven: Development Standards
7-35
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Permanent Sign Standards (PS)
(Continued)
C. Development standards per type of sign are as follows.
a. Projecting sign: No projecting sign shall be at its lowest point (except for the supporting building,
structure, or column) less than eight and one-half(8 1/2) feet above grade level. In no case shall it
extend more than four (4) feet beyond its supporting structure. Permission must be granted by the
Board of Public Works if the proposed sign extends into the right-of-way.
b. Ground sign: One (I) ground sign per lot not to exceed nine (9) feet in height. Sign area must be
within the total sign area allotted per lot. Sign shall be placed a minimum often (10) feet from the
right-of-way.
c. Window signs: Non-illuminated window sign~ not exceeding twenty-five percent (25%) of
the window area are permitted. No permit is required. Illuminated window signs containing a
commercial message that can be seen from the road shall be counted toward the total sign area and
require a sign permit.
d. Directional Signs: Directional signs must be no more than five (5) feet in height and no more than
six (6) square feet in area. No permit is required and they shall not be counted toward the total
area allowed per lot. _
D. In addition, the following maximums apply.
a. Under no circumstance may a ground sign exceed fifty (50) square feet, per side, nor may there be
more than one (1) ground sign per site.
b. Under no circumstance may a wall sign exceed fifty (50) square feet.
c. Under no circumstance may a projecting sign exceed twelve (12) square feet, per side.
E. On lots without a structure or building a noncommercial ground sign not to exceed twenty-four (24)
square feet in area is permitted.
PS-04: This Permanent Sign Standards section applies to the following districts:
~~~
The following sign regulations apply. All signs require a permit unless otherwise specified.
A. Total sign area allowed per lot: one and one-quarter times (I 1/4 X) the length of building that faces
the road equals (=) the amount of signage allowed per lot. [For example: If a building is one hundred
(100) feet wide then one-hundred and twenty-five (125) square feet of signage would be allowed for
the lot. ]
B. Any combination of the following signs are permitted as long as they do not exceed the total area
allowed per lot.
. Wall sign
. Awning sign
. Projecting sign
. Ground sign
. Window sign
. Directional sign
. Changeable copy sign
. Time & temperature sign
1-36 Jeffersonville loning Ordinance
'. ~, ~
Permanent Sign Standards (PS)
C. Development standards per type of sign are as follows.
a. Projecting sign: No projecting sign shall be at its lowest point (except for the supporting building,
structure, or column) less than eight and one-half (8 112) feet above grade level. In no case shall it
extend more than four (4) feet beyond its supporting structure. Permission must be granted by the
Board of Public Works, if the proposed sign extends into the right-of-way.
b. Ground sign: One (I) ground sign per lot not to exceed nine (9) feet in height. Sign area must be
within the total sign area allotted per lot. Sign shall be placed a minimum often (10) feet from
right-of-way.
c. Window signs: Non-illuminated window signs not exceeding twenty-five percent (25%) of the
window area are permitted. No permit is required. Illuminated window signs containing a
commercial message that can be seen from the road shall be counted toward the total sign area and
require a sign permit.
d. Directional Signs: Directional signs must be no more than three (3) feet in height and no more
than six (6) square feet. No permit is required and they shall not be counted toward the total area
allowed per lot. _
D. In addition, the following maximums apply.
a. Under no circumstance may a ground sign exceed fifty (50) square feet, per side.
b. Under no circumstance may a projecting sign exceed twelve (12) square feet, per side.
c. Under no circumstance may a wall sign exceed fifty (50) square feet.
d. Under no circumstance may the total square footage of all combined sign facings exceed one-
hundred and twenty-five (125) square feet.
E. On lots without a structure or building a noncommercial ground sign not to exceed twenty-four (24)
square feet is permitted.
PS-05: This Permanent Sign Standards section applies to the following districts:
(Continued)
The following sign regulations apply. All signs require a permit unless otherwise specified.
A. Total si!ffi area allowed per lot - One and one-half times (I 1/2 X) the length of building that faces the
road equals (=) the amount of signage permitted per lot. [For example: If a building is one-hundred
(100) feet wide then one-hundred fifty (150) square feet of sign age would be permitted per lot.]
B. Any combination of the following signs are permitted as long as they do not exceed the total area
allowed per lot.
. Wall sign
. Awning sign
. Ground sign
. Window sign
. Directional sign
. Changeable copy sign
. Time & temperature sign
C. Development standards per type of sign are as follows.
a. Ground sign: One (I) ground sign per lot not to exceed twenty (20) feet in height. Sign shall be
placed a minimum of ten (10) feet from the right-of-way. Sign area must be within the total sign
area allowed per lot.
b. Window signs: Non-illuminated window signs not exceeding fifty percent (50%) of the window
area are permitted. No permit is required. Illuminated window signs containing a commercial
message that can be seen from the road shall be counted toward the total sign area. A sign permit
is required.
Article Seven: Development Standards
7.37
't:~ ... T',
Permanent Sign Standards (PS)
(Continued)
c. Directional Signs: Directional signs must be no more than five (5) feet in height and no more than
six (6) square feet in area. No permit is required and they shall not be counted toward the total
sign area allowed per lot. _
D. In addition, the following maximums apply:
a. Under no circumstance may ground sign exceed eighty (80) square feet per side.
b. Under no circumstance may a wall sign exceed fifty (50) square feet.
c. Under no circumstance shall the total square footage of all combined sign facings exceed two-
hundred (200) square feet.
d. Under no circumstances may more than one (l) ground sign be erected on a single lot.
E. On lots without a structure or building a noncommercial ground sign not to exceed thirty-six (36)
square feet in area is permitted.
PS-06: This Permanent Sign Standards section applies to the following districts:
IT!]
The following sign regulations apply. All signs require a permit unless otherwise specified.
A. Total sign area allowed per lot - Two times (2X) the length of building that faces the road equals (==)
the amount of signage permitted per lot. [For example: If a building is one-hundred (l00) feet wide
then two-hundred (200) square feet of signage would be permitted per 10t.J
B. Any combination of the following signs are permitted as long as they do not exceed the total area
allowed per lot.
. Wall sign
. Awning sign
. Ground sign
. Window sign
. Directional sign
. Changeable copy sign
· Time & temperature sign
C. Development standards per type of sign are as follows.
a. Ground signs: One (1) ground sign per lot not to exceed twenty (20) feet in height. Sign shall be
placed a minimum of ten (10) feet from the right-of-way. Sign area must be within the total sign
area allowed per lot.
b. Window signs: Non-illuminated window signs not exceeding fifty percent (50%) of the window
area are permitted. No permit is required and they shall not be counted toward the total sign area.
Illuminated window signs containing a commercial message that can be seen from the road shall
be counted toward the total sign area.
c. Directional Signs: Directional signs must be no more than five (5) feet in height and no more than
six (6) square feet in area. No permit is required and they shall not be counted toward the total
sign area allowed per lot.
D. In addition, the following maximums apply:
a. Under no circumstance may a ground sign exceed one-hundred (100) square feet per side.
b. Under no circumstance shall the total square footage of all combined sign facings exceed four-
hundred (400) square feet.
c. Under no circumstances may more than one (I) ground sign be erected on a single lot.
E. On lots without a structure or building a noncommercial ground sign not to exceed thirty-six (36)
square feet is permitted.
7.38
Jeffersonville Zoning Ordinance
.p
,
. .
.
Parking Standards (PK)
7.20 Parking Standards (PK)
PK-O I This Parking Standards section applies to the following districts:
[[Lj~ .
Two (2) off-street paved parking spaces are required per dwelling unit. Neither of the off-street parking
spaces required may include spaces within car ports or garages. Further, off-street parking spaces may
not fully or partially be in a public right-of-way or utility easement. Each space must be at least nine (9)
feet wide and eighteen (18) feet long.
PK-02 This Parking Standards section applies to the following districts:
[@d
Two (2) paved off-street parking spaces are required per dwelling unit. All others are required to be
within thirteen-hundred twenty (1,320) feet of the subject property. Parking spaces required may include
spaces within car ports or garages. Each space shall be at least nine (9) feet wide and eighteen (18) feet
long.
PK-03 This Parking Standards section applies to the following districts:
M]~
Two (2) paved off-street parking spaces are required per dwelling unit. In addition, at least one (1) space
per two (2) units is required for visitor parking and shall be spread evenly throughout the development.
Visitor parking spaces shall not include spaces in car ports or garages. Further, any required off-street
parking space shall not fully or partially be in a public right-of-way or utility easement. Each space shall
be at least nine (9) feet wide and eighteen (18) feet long. Parking lots shall have the same setbacks as
the primary structure in the district which they are located. Entrance and exit drives may be within the
setback area.
PK-04 This Parking Standards section applies to the following districts:
m
Two (2) paved off-street parking spaces are required per dwelling unit. Fifty percent (50%) of all re-
quired parking spaces are required to be in either an attached garage or detached garage. In addition, at
least one (1) space per two (2) dwelling units is required for visitor parking and shall be spread evenly
throughout the development. Visitor parking spaces shall not include spaces in car ports or garages.
Further, any off-street parking space shall not fully or partially be in a public right-of-way or utility ease-
ment. Each space shall be at least nine (9) feet wide and eighteen (18) feet long. Parking lots shall have
the same setbacks as the primary structure in the district which they are located. Entrance and exit drives
may be within the setback area.
PK-05 This Parking Standards section applies to the following districts:
~
Two (2) paved off-street parking spaces are required per dwelling site. In manufactured or mobile home
parks at least one (I) space per dwelling site is required for visitor parking and shall be spread evenly
throughout the development. Visitor parking spaces shall not include spaces in car ports or garages.
Further, any off-street parking space shall not fully or partially be in a public right-of-way or utility ease-
ment. Each space shall be at least nine (9) feet wide and eighteen ( 18) feet long.
Art&de Seven: Development Standards
7-39
'i.~' I.j'"\
Parking Standards (PK)
PK-06
This Parking Standards section a
~~~ .
All parking lots for commercial, industrial, institutional, business, publicand private employee parking,
offices, organizations, and places of assembly must be paved. Expansion of an existing gravel, stone,
rock, dirt, sand or grass lot is not pennitted. In addition, parking lots must confonn to all the following
requirements:
A. All ingress/egress into parking areas must be paved.
B. Parking lots may project into the front yard setback by twenty-five percent (25%) of the minimum
front yard setback. Parking lots may project into the side yard setback by fifty percent (50%) of the
minimum front yard setback. Entrance and exit drives may be located within the setback area.
C. Parking spaces shall be installed as follows:
a. Maximum of thirty percent (30%) in front of the primary structure
b. Maximum of seventy percent (70%) to the side of the primary structure
c. Minimum often percent (10%) to the rear of the primary structure
d. Under no circumstances shall parking be pennitted within any required setback or buffer areas.
(Continued)
mbD 0 fOI1O~~~it
D. Parking spaces shall be a minimum of nine (9) feet by eighteen (18) feet and be striped so as to show
each parking space.
E. Parking aisle widths shall be as follows:
a. 90 degree angle space - twenty-four (24) feet wide parking aisle
b. 60 degree angle space - eighteen (I 8) feet wide parking aisle
c. 45 degree angle space - fourteen (14) feet wide parking aisle
F. Parking areas shall be designed to prevent vehicles from maneuvering in the public right-of-way.
G. Parking areas must be constructed to allow proper drainage.
H. Parking spaces prescribed in this section must be located either on the premises or on a lot approved
by the Plan Commission. All required off-street parking spaces, however, must be located within six-
hundred (600) feet of the subject lot.
L A group of adjacent properties may provide a joint parking area if the number of spaces required
for all properties is adequate, and the joint lot provides at least seventy percent (70%) of the total
spaces required for each use and ifthe Planning Director approves the joint parking area. A written
reciprocal parking agreement signed by all property owners involved is required and must include
provisions concerning at least the following items: maintenance, snow removal, ownership, and
liability and must be recorded in the office of the Clark County Recorder. The agreement must be
reviewed/approved by the Planning Director and/or City Attorney. A copy of the recorded agreement
must also be kept in the office of the Plan Commission.
7-40
Jeffersonville Zoning Ordinance
~l
. .
,"
Parking Standards (PK)
PK-07 ~u~J~rnn~]~.~~i~i~~~B~ d~icts:
(Continued)
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A. To reduce traffic congestion and hazards along roadways, off-street parking shall be required for
business and industrial uses. The minimum number of parking spaces shall be determined by adding
up the spaces required for each applicable statement below. The numbers below do not guarantee
the quantity needed per use, only minimums are expressed. The developer/builder must calculate
additional parking spaces that may be necessary.
Employee parking for office, com-
mercial, institutional, communication/
utilities, and industrial uses.
Visitor parking for affice, institutional
and industrial uses.
Visitor parking for nursing home, hospi-
tal, ar similar facilities_
Visitor parking for hotel, motel and other
overnight stay facilities.
Automobile, trador, boat, bus, or similar
sales facility.
Restaurants, food services, theater, com-
munity center, auditorium, conference
center, church, racetrack, or similar
facility that seats people.
Furniture, appliance, or similar large
item sales facility.
Hardware, home improvement, lum-
beryard, auto parts stores, or similar
moderate-size item sales facility.
Fitness center, health spa, skating rink,
or similar facilities.
Retail stores, grocery stores, gasoline
stations, banks, liquor stores, and simi-
lar high volume and/or small item sales
facilities.
Day-care ar similar facility.
Airport, heliport, or similar facility.
Self-storage, warehouse, or similar
facility.
Body shop, vehicle repair, cor wash, or
similar facility.
Medical facility, clinic, doctor's office, or
similar facility.
Barber/beauty shop, fingernail salon,
tanning salon, or similar facility
One (1) parking space per employee that potentially can be working at any given time.
Businesses with multiple shifts must also provide one (1) additional parking space per
two (2) employees on the largest abutting shift. Subtract one (1) parking space per sixty
(60) employees and subtract one thirtieth (1/30) of the total employee spaces if the
property is within five hundred (500) feet of a bus or mass transit stop.
One (1) visitor parking space per twenty (20) employees working at any given time up to
three hundred (300) total employees, plus one (1) vi sitar space per fifty (50) employees
for the amount over three hundred (300) employees.
One (1) visitor space per three (3) beds in a hospital or nursing home facility.
One (1) visitor parking space per rental unit.
Two (2) parking space plus one (1) per sales person working on any given shift.
Parking spaces must equal one third (1/3) of the allowable seating capacity.
One (1) parking space per lour hundred (400) sq. ft. of GFA up to 30,000 sq. ft. and
one (1) parking space per six hundred (600) sq. ft. above 30,000 sq. ft.
One (1) parking space per three hundred (300) sq. ft. of GFA up to 30,000 sq. ft. and
one (1) parking space per four hundred (400) sq. ft. above 30,000 sq. ft.
One (1) parking space per three hundred (300) sq. ft. of GFA
One (1) parking space per two hundred fifty (250) sq. ft. of GFA up to 40,000 sq. ft.
and one (1) per four hundred (400) sq. ft. up to 80,000 sq. ft. and ane (1) per six hun-
dred (600) sq. ft. above 80,000 sq. ft.
One (1) parking space per every ten (10) children enrolled. This number of spaces may
be reduced by one-quarter (1/4) in trade for passenger loading spaces.
One (1) parking space perfive (5) aircraft tie-downs and hangar spaces, plus one (1)
per every three (3) waiting room and classroom seats.
One (1) parking space per 5000 sq. ft. lor a single tenant facility or one (1) space per
six leasable storage units. Loading areas may account for up to one-quarter (1/4) of this
requirement.
One (1) parking space per interior service bay and per car wash stall.
One (1) parking space per treatment or examination room/space.
One and one-half (1.5) parking space per operator station and tanning booth.
Article Seven: Development Standards
7-41
"'J~ i}
Parking Standards (PK)
(Continued)
Governmental offices, service com-
mercial, libraries, organizational office,
repair shop, or similar facility.
Public or private school, trade or busi-
ness school, or similar functioning
facility.
Swimming pool, sport fields, recre-
ational fields, or similar facility.
Golf course, driving range, baiting
cages, bowling alley, or similar facility.
One (1) parking space per eight hundred (800) sq. ft. of GFA.
One (1) parking space per two (2) elementary classrooms; and two (2) parking spaces
per iunior high classroom; and one (1) parking space per five (5) high school students;
and one (1) parking space per two (2) students in a trade or business schoo/.
Twenty (20) parking spaces per sport/recreational field; and one (1) parking space per
ane hundred (100) sq. ft. of water surface.
Thirty (30) parking spaces per nine (9) holes; and one (1) space per driving range or
batting cage; and two (2) parking spaces per bowling alley lane.
B. Additional parking spaces may be required by the Plan Commission or Board of Zoning Appeals if
deemed necessary.
C. If a use is not clearly noted above, the Planning Director may determine into which category the uses
best fits, therefore determining the parking requirements.
D. A maximum number of spaces applies to all parking requirements listed above in the matrix. The
maximum number of parking spaces allowed is twenty-five percent (25%) more than the minimum
required.
1-42
geffersonviile Zoning Ordinance
1.\
~\ III
Parking Standards (PK)
PK-08 This Parking Standards secti.on.ap~.....li~.S to the fOlloWi.n. g district:
~~~HJj~~'.. ~QQ~
(Continued)
~[U
~~
A. Vehicles or trailers of any type without current license plates or in an inoperable condition shall be
prohibited in residential zone districts other than in completely enclosed buildings and prohibited in
commercial zone districts unless fully screened, and shall not be parked or stored in any zone unless
specifically authorized under the terms of this Ordinance.
B. No vehicle or tractor/trailer of any type may be used predominantly for the purpose of personal
storage.
PK-09 This Parking Standards section apii to the following district
~~.~HJjm~.':'D".,
A. The parking of a commercial vehicle in residential zone districts shall be prohibited; except that one
commercial vehicle of not more than three (3) tons capacity may be parked on any lot where there is
a principal building as long as it is:
a. Used by a resident of the premises, and
b. Parked in an enclosed garage or accessory building, or is located in the rear yard at least ten (10)
feet from the rear property line, and on a paved surface.
B. This regulation shall not be interpreted to prohibit commercial vehicles from temporary loading and
unloading in a residential district.
Article Seven: Development Standards
7-43
~J" ~.
Loading Standards (LD)
7.21 Loading Standards (LD)
LD-O', This Loadin6~ndards section a ~li~ to the fOllO~.....~........... ~.:.:...iS......t.,.r........:cts:
~~ .. NI [!;J>I]
There shall be provided off-street loading berths not less than the minimum requirements specified in this
section in connection with any building or structure which is to be erected or substantially altered, and
which requires the receipt or distribution of materials or merchandise by trucks or similar vehicles.
A. Location: All required off-street loading berths shall be located on the same lot as the use to be
served, and no portion of the vehicle shall project into a street right-of-way or alley easement. No
permitted or required loading berth shall be located within twenty-five (25) feet of the nearest point
of intersection of any two (2) streets, nor shall it be located in front of the primary structure, or on the
side of the primary structure adjoining a street.
B. Size: Off-street loading berths for over-the-road tractor-trailers shall be at least fourteen (14) feet in
width by at least sixty (60) feet in length with a sixty (60) foot maneuvering apron, and shall have a
vertical clearance of at least fifteen (15) feet. For local pick-up and delivery trucks, off-street loading
berths shall be at least twelve (12) feet in width by at least thirty (30) feet in length with a thirty (30)
foot maneuvering apron, and shall have a vertical clearance of at least twelve (12) feet.
C. Access: Each required off-street loading berth shall be designed with appropriate means of vehicular
access to a street or alley in a manner which will least interfere with traffic movements. There shall
be no maneuvering in the right-of-way.
D. Surfacing: All open off-street loading berths shall be improved with a compacted base of asphalt or
concrete.
E. Space Allowed: Space allowed to any off-street loading berth shall not, while so allocated, be used to
satisfy the space requirements of any off-street parking areas or portions thereof.
F. Off-Street Loading Berth Requirements:
Minimum Loading Berths Required Gross Floor; Area
2
3
4
up to 40,000 sq. ft.
40,000 to 80,000 sq. ft.
80,000 to 120,000 sq. ft.
120,000 to 160,000 sq. ft.
One (I) additional off-street loading space shall be required for each additional 80,000 sq. ft. after
160,000 sq. ft.
In situations where the structure clearly does not need and will not in the foreseeable future need
loading docks, the Planning Director and/or Plan Commission may reduce the number required or
eliminate the requirement all together.
7-44
Jeffersonville Zoning Ordinance
> ..-
Entrance/Drive Standards (ED)
7.22 Entrance/Drive Standards (ED)
ED-O I; This EntrancelDrive Standards Sectio.>.? a~s to the..fo. llowin
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The intent of Entrance and Drive Standards is to provide for a safe and efficient vehicular and pedestrian
transportation system. The following standards apply to entrances and drives..
A. All Classification of roads shall be based on the Thoroughfare Plan as found and maintained in the
Jeffersonville Comprehensive Plan.
B. No entrance or drive shall be permitted to begin within:
a. Two-hundred (200) feet of any intersecting road if along an Arterial (see "C" below in the
illustration).
b. One-hundred fifty (ISO) feet of any intersecting road if along a Local Road (see "C" below in the
illustration).
The distances for the above standards shall be determined by measuring from Right-of- Way line to
the curb or edge of pavement (whichever is less) of the entrance or drive.
C. No two entrances or drives shall be within:
a. One-hundred (100) feet of one another if along an Arterial (see "0" below in the illustration).
b. Fifty (50) feet of one another if along a Local Street (see "0" below in the illustration).
The distances for the above standards shall be determined by measuring from the curb or edge of
pavement to the curb or edlle of oavement (whichever is less) of each entrance, or drive.
,:
ci
0:
R.ow.
D. No entrance or drive shall be permitted within:
a. One-hundred forty (140) feet of the apex ofa curve (30 degrees or greater) where the road is an
Arterial.
b. Seventy (70) feet of the apex ofa curve (30 degrees or greater) where the road is a Local Road.
The location of drives on or near curves may be investigated individually by the Planning Director or
City Engineer and evaluated for their sight distance and the design speed of the roadway or the posted
speed limit, whichever is greater. In no case shall the Planning Director or City Engineer be able to
reduce the above stated distances by greater than fifty percent (50%).
Article Seven: Deveiopment Standards
7-45
.,' ~
Entrance/Drive Standards (ED)
(Continued)
E. No entrance or drive shall exceed the following pavement widths for two-way traffic (if one-way, the
measurements shall be one-half (112) of the below measurements):
a. Thirty (30) feet if from a commercial, industrial, or institutional zoning district onto an Arterial.
b. Twenty-six (26) feet iffrom a commercial, industrial, or institutional zoning district onto a Local
Street.
c. Thirty (30) feet if from a multifamily residential zoning district onto an Arterial.
d. Twenty-eight (28) feet if from a multifamily residential zoning district onto a Local Street.
e. Twenty-eight (28) feet iffrom a single-family residential zoning district onto any type of street.
The distances for the above standards shall be determined by measuring from the outside edges of
the curb or pavement (whichever is more) of the entrance, or drive.
F. The Plan Commission may determine if the following are necessary:
a. An acceleration or deceleration lane, or
b. A passing blister at a new entrance or drive.
G. All curb cuts require an Improvement Location Permit at specified in Article 12, Section l2.3(I)(g).
ED-02: This EntrancelDrive Standards section applies to the following districts:
.
In manufactured or mobile home parks with forty (40) or more dwelling sites:
A. Two (2) access points shall be required into and out of the manufactured or mobile home park.
B. Individual dwelling sites may only have driveways on interior roads.
1-46
Jeffersonville Zoning Ordinance
~ \.-
Vision Clearance Standards (VC)
7.23 Vision Clearance Standards (VC)
VC-Ol ~b~~~~]~an~~1~~~~i$1I0Win
districts:
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The intent of Vision Clearance Standards are to provide for a safe vehicular and pedestrian transportation
system. The visibility at intersections, driveways, curb cuts, and entrances are particularly important for
the safe movement of vehicles and pedestrians.
The following Vision Clearance Standards apply to all intersections, drives, curb cuts, and entrances.
A. No entrance, curb cut, or drive shall be permitted if within:
a. One-hundred sixty (160) feet of the crest of a hill where the slope on either side of the crest is six
percent (6%) or greater, or the visibility is determined to be impaired by the Planning Director or
City Engineer, and the speed limit is 45 MPH or greater.
b. One-hundred (100) feet of the crest ofa hill where the slope on either side of the crest is six
percent (6%) or greater, or the visibility is determined to be impaired by the Planning Director or
City Engineer, and the speed limit is 30 MPH or greater.
c. Eighty (80) feet of the crest of a hill where the slope on either side of the crest is six percent (6%)
or greater, or the visibility is determined to be impaired by the Planning Director or City Engineer,
and the speed limit is under 30 MPH.
B. All intersections must maintain a vision clearance triangle where no Primary or Accessory Structures,
or signs other than road signs are allowed to be placed or to project into. The vision clearance
trianeJe is illustrated below.
~
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The following triangle leg lengths will apply to the determination of a clear vision triangle.
a. Along Arterials 45 feet
b. Along Local Roads 20 feet
Article Seven: Development Standards
7-47
\' ,
Telecommunication Facility Standards (Te)
7.24 Telecommunication Facilities Standards (TC)
TC-O I ~bT~[p~]~~~~S~i~~oe~i to the fOlJOiJ~r~r ~gjf$]
Statement of Purpose: The purpose of these standards is to provide for sensible and reasonable land uses
to allow for the provision of adequate reliable public and private telecommunication service; and where-
as, there is a need to maximize the use of any telecommunications transmission towers in order to reduce
the total number of towers needed to serve the telecommunications needs of the area; and whereas, there
is a need to minimize the adverse, undesirable visual effects of such telecommunications towers and to
provide for the reasonable location of such towers in the City of Jeffersonville
General Provisions: All Wireless Telecommunication Facilities must comply with the following provi-
sion.
A. Buffer Requirements: The location of the tower and equipment buildings must comply with all
local, state and federal natural resource protection standards. The following buffer plantings must be
located around the perimeter of the outer most perimeter or security fence of a telecommunications
facility:
a. A live evergreen screen consisting of a hedge, planted three (3) feet on center maximum, or a row
of evergreen trees planted a maximum of ten (10) feet on center must be planted around the entire
telecommunication facility and each of the guy wires and anchors, if used, and the height of all
plants at the time of planting may be no less than five (5) feet;
b. Existing vegetation (trees and shrubs) must be preserved to the maximum extent possible on the
entire site; and
c. An eight (8) foot high wooden privacy and security fence shall completely surround the entire
telecommunications facility.
B. Access to Site: Proposed telecommunications towers and antennas must meet the following access
requirements:
a. Vehicular access to the tower and equipment building must be provided along any existing
driveways, whenever feasible.
b. The wireless telecommunications facility must be fully automated and unattended on a daily
basis, and may be visited only for periodic maintenance, emergencies, installations or equipment
removal.
C. Design Requirements: Proposed telecommunications towers and antennas must meet the following
design requirements:
a. Telecommunications towers and antennas must be designed to blend into the surrounding
environment through the use of color, camouflaging and architectural treatment, except in an
instance where the color is dictated by federal or state authorities such as the Federal Aviation
Administration.
b. The entire facility must be aesthetically and architecturally compatible with its environment. The
use of materials compatible with the surrounding environment such as wood, brick, or stucco
is required for associated support structures, which must be designed to architecturally match
the exterior of residential or commercial structures within the neighborhood or area. Only if the
facility will be one hundred percent (100%) screened during all seasons, with an eight (8) foot
high wooden privacy fence and evergreen shrubs, will other materials be approved.
c. Only lighting that is for safety or security reasons, or required by the Federal Aviation
Administration or other federal or state authority is permitted. All required lighting must be
oriented inward so as not to project onto surrounding residential properties.
7-48
Jeffersonviile Zoning Ordinance
"
.,' 'p
Telecommunication Facility Standards (Te)
(Continued)
D. Co-location Requirements:
a. At a minimum, a monopole must be constructed to support the initial user plus the anticipated
loading of the number of additional users required in accordance with this ordinance.
b. The site of the initial telecommunications tower and telecommunication facility must be of
sufficient area to allow for the location of one (I) additional telecommunications tower and
associated telecommunications facility.
c. Any proposed telecommunication tower must be designed, and engineered structurally,
electrically and in all other respects, to accommodate both the and the number of additional users
as required in accordance with this ordinance. Telecommunication towers must be designed to
allow for future rearrangement of cellular communication equipment and antennas upon the tower
and to accept cellular communication equipment and antennas mounted at varying heights.
E. Siting Requirements: A proposal for a new telecommunications tower shall not be approved unless
the applicant submits verification that the telecommunication equipment planned for the proposed
tower cannot be accommodated on an existing or approved tower or buildings or other structure due
to one or more of the following reasons:
a. The planned cellular communications equipment would exceed the structural capacity of the
existing or approved towers, buildings, or structures as documented by a qualified and licensed
professional engineer, and the existing or approved towers, buildings or structures cannot be
reinforced, modified, or replaced to accommodate the planned cellular communication equipment
at a reasonable cost.
b. The planned cellular communications equipment would cause interference impacting the usability
of other existing cellular communications equipment at the site if placed on existing structures.
Supportive documentation by a qualified and licensed professional engineer indicating that the
interference cannot be prevented at a reasonable cost.
c, The existing or approved towers, buildings or structures within the search radius cannot
accommodate the planned cellular communications equipment at a height necessary to function
reasonably as documented by a qualified and licensed professional engineer.
d. Other unforeseen reasons that make it unfeasible or impossible to locate the planned cellular
communications equipment upon an existing or approved tower, building or structure.
e. The applicant has been unable to enter a commonly reasonable lease term with the owners of
existing towers, buildings or structures.
f. Additional land area is not available at the base of existing towers, buildings or structures to
accommodate the proposed telecommunications facility.
F. Construction Requirements: All antennas, telecommunications towers, accessory structures and any
other wiring constructed within the Jeffersonville Plan Commission jurisdiction shall comply with the
following requirements:
a. All applicable provisions of this ordinance and the Building Code of the State ofrndiana, as
amended, and the Federal Communications Commission when applicable.
b. All telecommunications towers and cellular communications equipment shall be certified by a
qualified and licensed professional engineer to conform to the latest structural standards and wind
loading requirements of the Uniform Building Code, as amended, and the Electronics Industry
Association.
c, With the exception of necessary electric and telephone service and connection lines approved
by the Board of Zoning Appeals, no part of any cellular communications equipment or
telecommunications tower nor any lines, cables, equipment or wires or braces in connection with
either shall at any time extend across or over any part of a right-of-way, public street, highway,
sidewalk, trail or property line without appropriate approval in writing.
Article Seven: Development Standards
7-49
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Telecommunication Facility Standards (Te)
d. All telecommunications towers and cellular communications equipment shall be designed to
conform with accepted electrical engineering methods and practices and to comply with the
provisions of the National Electrical Code, as amended.
e. All telecommunications towers and cellular communications equipment shall be constructed to
conform with the requirements of Occupational Safety and Health Administration.
f. All signal and remote control conductors of low energy extending substantially horizontally above
the ground between a tower and other cellular communications equipment, or between towers,
shall be at least ten (10) feet above the ground at all points, unless buried underground.
g. All telecommunications towers and cellular communications equipment shall be designed and
constructed to all applicable standards of the American National Standards Institute manual, as
amended.
h. An engineer's certification shall be submitted for all telecommunications towers and all other
cellular communications equipment to document and verifY the design specifications, including,
but not limited to, the foundation for all towers, anchors for all guy wires (if used), the location
of all co-location sites, strength requirements to withstand natural forces such as ice, wind, earth
movements, etc.
1. All telecommunications towers and cellular communication equipment shall be designed and
constructed, at a minimum, to withstand wind gusts of at least eighty (80) miles per hour with
one-half (1/2) inch of ice and to accommodate all co-location sites as required by this ordinance.
G. Existinll Structures: The following shall apply to existing antennas, telecommunications towers and
cellular communications equipment:
a. May continue in use for the purpose now used and as now existing, but may not be replaced or
significantly structurally altered without complying in all respects to the requirements set out in
this Ordinance.
b. All requests to install any cellular communications equipment on an existing approved or
"grandfathered" tower, building or structure must be submitted to the Department of Planning
and Zoning for approval. All such requests will only require an electrical permit, staff zoning
approval, and the contract between the applicant and the owner of the existing tower, building or
structure, unless other approvals are required as set out in this ordinance.
H. Inspection of Towers: The following shall apply to the inspection of telecommunications towers:
a. All towers may be inspected at least once every year, or more often as needed to respond to
complaints received, by an official of the Department of Planning and Zoning, the City Engineer,
and/or a qualified and licensed consulting engineer to determine compliance with the original
construction standards. Deviation from original construction for which a permit was obtained
constitutes a violation of this Ordinance.
b. Notice of Violations will be sent by registered mail to the owner and the owner will have thirty
(30) days from the date the notification is issued to make repairs. The owner is required to notifY
the Planning Director that the repairs have been made, and as soon as possible thereafter, another
inspection will be made and the owner notified of the results of same.
I. Abandoned Towers: Any tower unused or left abandoned for six (6) months will be removed by the
tower owner at its expense. Should the telecommunications tower Owner fail to remove the tower
after thirty (30) days from the date a Notice of Violation is issued, the City of Jeffersonville may
remove the tower and bill the owner for the costs of removal and cleanup of the site.
(Continued)
7-50
Jeffersonville Zoning Ordinance
~I\ ,~
:-
Telecommunication Facility Standards (Te)
TC-02 This Telecommunication Facilities Standards section applies to the following districts
rE]~~~~~~~1]
(Continued)
A. All telecommunications facilities require a Special Exception approval from the Board of Zoning
Appeals and must meet the following and all other requirements of this ordinance;
B. All telecommunications towers must be set back from any property line a distance equal to at least
one hundred percent (100%) the height of the tower;
C. Maximum height: tower, one hundred (100) feet - accessory structure, fifteen (IS) feet;
D. Telecommunications towers are not permitted in front yards;
E. Minimum number of additional co-location sites to be provided on a one hundred (l00) foot tower is
two (2);
F. All telecommunications towers must be a monopole design;. and
G. All telecommunications towers must be camouflaged through the use of color, materials and
landscaping as specified by this ordinance and the Planning Director.
TC-03 This Telecommunication Facilities Standards section applies to the following districts
~Qge ~
A. All telecommunications facilities require a Special Exception approval from the Board of Zoning
Appeals and must meet the following and all other requirements of this ordinance;
B. All telecommunications towers must be set back from any property line a distance equal to at least
eighty percent (80%) of the height of the tower;
C. Telecommunications towers are generally not permitted in front yards, except where evidence
provided by the applicant demonstrates that placement in a front yard would provide the best
camouflage for the tower;
D. Maximum height: tower one hundred fifty (ISO) feet - accessory structure fifteen (15) feet;
E. Minimum number of additional antenna sites to be provided on a one hundred fifty (150) foot tower
is four (4);
F. A tower may not be placed closer to any residential structure than five hundred (500);
G. All telecommunications towers must be a monopole design; and
H. All telecommunications towers must be camouflaged through the use of color, materials and
landscaping as specified by this ordinance and the Planning Director.
Article Seven: Development Standards
7-5 t
"',' .. ,'J
Telecommunication Facility Standards (Te)
(Continued)
TC-04: This Telecommunication Facilities Standards section applies to the following districts:
ri]
A. All telecommunications facilities require a Special Exception approval from the Board of Zoning
Appeals and must meet the following and all other requirements of this ordinance;
B. All telecommunications towers must be set back from any property line a distance equal to at least
fifty percent (50%) of the height of the tower;
C. Telecommunications towers are generally not permitted in front yards, except where evidence
provided by the applicant demonstrates that placement in a front yard would provide the best
camouflage for the tower;
D. Maximum height: The tower shall be a maximum of one hundred fifty (ISO) feet. The accessory
structure shall be a maximum of fifteen (15) feet;
E. Minimum number of additional co-location sites to be provided on a one hundred fifty (150) foot
tower is four (4);
F. A tower may not be placed closer to any residential structure than five hundred (500) feet; and
G. All telecommunications towers must be camouflaged through the use of color, materials and
landscaping as specified by this ordinance and the Department of Planning and Zoning.
TC-05 This Telecommunication Facilities Standards section applies to all property located in the Jeffersonville
Historic District within the following districts:
~~
A. An antenna or cellular communications equipment may be located on an existing building or structure
that is located in a Jeffersonville Historic or Conservation District only after obtaining a Certificate of
Appropriateness from the Jeffersonville Historic Preservation Commission, and thereafter obtaining
all other necessary and required approvals from the Planning Director;
B. A telecommunication facility or telecommunication tower is not permitted in or within one quarter
(1/4) of a mile of a Jeffersonville Historic or Conservation District.
1-52
Jeffersonville Zoning Ordinance
f~ ~ 1;1'
.
Adult Uses Standards (AU)
7.25 Adult Uses Standards (AU)
AU-O 1: This Adult Uses Standards section applies to the following districts:
A. Adult bookstores or adult entertainment businesses shall be sited a minimum of twenty- five-hundred
(2500) feet from churches, parks or schools.
B. Adult entertainment businesses shall comply with the City of Jeffersonville's general ordinance no.
95-0R-35, Operation of Live Adult Entertainment Businesses and its subsequent amendments.
Article Seven: Development Standards
7-53
~~' ~. .1
Special Exception Standards (SE)
7.26 Special Exception Standards (SE)
SE-Q I: This Me~a1 EXC~J Standa..,ds S';"'i~~Plies to the [ollowin
[ETIR2~ ~~~ ~~
districts:
rffiJ[TI
m11J
A. The development standards assigned to each zoning district are considered appropriate for the
permitted uses within that district. However, the development standards are not considered
appropriate for all special. exception uses within a zoning district. For instance, some business
uses are allowed in residential districts as special exceptions. In this case, residential development
standards would not necessarily be applicable.
B. The Board of Zoning Appeals shall determine which development standard sections within this
Article shall apply to all Special Exception Uses. The development standards determined to apply
shall be documented in the application and approval.
C. If the special exception use is a permitted use within another district, the development standards for
that district must be used as a guideline.
D. In situations where the special exception use is not a permitted use in any district, the most stringent
development standards may be assigned by the Board of Zoning Appeals as appropriate.
E. The approval process and criteria for Special Exceptions is in Article 12 of this Ordinance.
F. All special exceptions must meet the following requirements:
All Single Family Residential Uses
All Two~family and Three.family Residential Uses
All Multifamily Residential Uses
All Other Residential Uses
Institutional/Public Facility Uses
Business: Auto Soles/Services Uses
Business: Food Soles/Service Uses
Business: General Business Uses
Business: Office/Professional Uses
Business: Retail Uses
Development standards from R 1 Distrid
Development standards from M 1 Distrid
Development standards from M3 Distrid
Development standards from R 1 Distrid
Development standards from IS Distrid
Development standards from C2 Distrid
Development standards from C1 Distrid
Development standards from C 1 Distrid
Development standards from OC Distrid
Development standards from C2 Distrid
Development standards from C1 Distrid
Development standards from PR Distrid
Development standards from /1 Distrid
Development standards from /2 Distrid
Business: Personal Service Uses
Business: Recreation Uses
Communication/Utility Uses
I ndustrial Uses
].54
Jeffersonville Zoning Ordinance
..
.~
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Amenity Standards (AM)
7.27 Amenity Standards (AM)
AM-O I : This Amenity Standards section applies to the following district:
~
A. Multifamily residential developments shall be required to provide on-site amenities to its inhabitants.
The following amenities are required for each multifamily development, based on the number of
dwelling units in the development:
1. 30 to 59 dwelling unit developments are required to provide a:
a. Small fitness center.
2. 60 to 99 dwelling unit developments are required to provide a:
a. Small fitness center, and
b. Small park.
3. 100 to 149 dwelling unit developments are required to provide a:
a. Medium fitness center, and
b. Medium park (Alternate: Small park and Sport court).
4. 150 to 199 dwelling unit developments are required to provide a:
a. Medium fitness center,
b. Medium park or Small clubhouse (Alternate: Small park and Sport court), and
c. Small clubhouse.
5. 200 to 299 dwelling unit developments are required to provide a:
a. Large fitness center,
b. Large park (Alternate: Medium park and Sport court),
c. Sport court, and
d. Small clubhouse.
6. 300 to 399 dwelling unit developments are required to provide a:
a. Large fitness center,
b. Large park (Alternate: Medium park and Sport court),
c. Small park in location away from other park, and
d. Small clubhouse.
7. 400 to 499 dwelling unit developments are required to provide a:
a. Large fitness center,
b. Large park (Alternate: Medium park and Sport court).
c. Small park in location away from other park,
d. Sport court, and
e. Large clubhouse (Alternate: Small clubhouse and Swimming pool).
8. 500 or more dwelling unit developments are required to provide a:
a. Large fitness center,
b. Large park (Alternate: Medium park and Sport court),
c. Small park in location away from other park,
d. Large clubhouse, and
e. Swimming pool.
A. Minimum standards for each type of amenity facility.
I. Small Fitness Center:
a Minimum square feet: 225. 7-
b. Minimum variation in cardiovascular equipment: At least four .(,4-;rdifferent types of
equipment.
c. The facility shall be fully contained in one (I) of the primary structures.
2. Medium Fitness Center:
a. Minimum square feet: 300. "3
b. Minimum pieces of cardiovascular equipment: Six~ommerciaJ grade pieces.
Articie Seven: Development Standards
1-55
'- '" j
Amenity Standards (AM)
3.
2-
c. Minimum variation in equipment: At least four ftjdifferent types of equipment.
d. Minimum pieces of strength equipment: At least four'(41Commercial grade pieces (e.g. Life
Fitness or Hammer equipment). ,~ L
e. Minimum variation in strength equipment: At least four-Oij-different types of equipment
each for different muscle groups.
f. The minimum required equipment shall be located in one (1) location and be contained
within a primary structure or community structure.
Large Fitness Center:
a. Minimum square feet: 450. &
b. Minimum pieces of cardiovascular equipmenJ:i. Ten+HnCommercial grade pieces.
c. Minimum variation in equipment: At least four'~41 different types of equipment.
d. Minimum pieces of strength equipment: At least ten~ommercial grade pieces (e.g. Life
Fitness or Hammer equipment). Lf
e. Minimum variation in strength equipment: At least six (61 different types of equipment each
for different muscle groups. :3
f. The minimum required equipment shall be located in one (1) or two (2) locations and be
contained within a primary structure or community structure.
Small Park:
a. Land area: One-quarter (1/4) acre contiguous area at least eighty (80) feet in width.
b. Minimum equipment: One (1) slide, two (2) swings, one (1) climbing apparatus and one (I)
additional piece of equipment, but different apparatus; all commercial grade.
c. Ground cover: Six (6) inches of mulch under and extending at least fifteen (15) feet in every
direction from each piece of equipment.
Medium Park:
a. Land area: One-third (1/3) acre contiguous area at least ninety (90) feet in width.
b. Minimum equipment: Two (2) slides, four (4) swings, two (1) climbing apparatuses and one
(I) additional piece of equipment, but different apparatus; all commercial grade.
c. Ground cover: Six (6) inches of mulch under and extending at least fifteen (15) feet in every
direction from each piece of equipment.
Large Park:
a. Land area: One-half (1/2) acre contiguous area at least one-hundred (100) feet in width.
b. Minimum equipment: Three (3) slides, six (6) swings, three (3) climbing apparatuses and
two (2) additional pieces of equipment, but different apparatus; all commercial grade.
c. Ground cover: Six (6) inches of mulch under and extending at least fifteen (15) feet in every
direction from each piece of equipment.
d. Fence: Decorative metal fence nor more than four (4) feet in height, safe for children, sur-
rounding one-hundred percent (100%) of the playground equipment and with at least two .(2)
gates at opposite ends.
S port Court:
a. Tennis: Regulation sized and surfaced court (with regulation striping) with at least twelve
(12) feet of same surface at each end and eight (8) feet of same surface on each side for
comfortable and safe play; minimum eight foot (8') tall fence surrounding hard surface with
at least two (2) gates at opposite ends; commercial grade net. poles, and striping.
b. Basketball: Minimum three-quarter (3/4) length regulation-sized asphalt court (with regu-
lation striping) with at least ten (10) feet of same surface extending the ends and sides for
comfortable and safe play; minimum eight foot (8') tall fence surrounding hard surface with
at least two (2) gates at opposite ends; and commercial grade goals, rims, and nets at oppo-
site ends.
c. Volleyball: Minimum regulation-sized sand volleyball court (with court boundary tape) with
at least eight (8) feet at each end and six (6) feet of same surface on each side for comfort-
able and safe play; commercial quality net, poles, and boundary (court) tape; and at least ten
4.
5.
6.
7.
1-56
Jeffersonville Zoning Ordinance
,
"
!"
f.
Amenity Standards (AM)
(l0) inches of very fine sand.
8. Small Clubhouse:
a. Minimum size: Six-hundred (600) square feet of usable space for gatherings; and a men's
and women's rest room; and one-hundred (100) square feet additional space for secure
storage.
b. Features: HVAC for four-season use; designed to reflect the character of primary structures;
and three-hundred (300) square feet of usable outdoor gathering space at least fifteen (15)
feet in width; plus sidewalks to each ingress/egress of the building from the street, sidewalk,
and/or parking areas adjacent to the building.
c. Furnishings: Portable chairs and tables to seat thirty (30) people.
9. Large Clubhouse:
a. Minimum size: One-thousand (1,000) square feet of usable space for gatherings; and a men's
and women's rest room; and one-hundred fifty (ISO) square feet additional space for secure
storage.
b. Features: HVAC for four-season use; designed to reflect the character of primary structures;
and five-hundred (500) square feet of usable outdoor gathering space at least twenty (20)
feet in width; plus sidewalks to each ingress/egress of the building from the street, sidewalk
and/or parking areas adjacent to the building.
c. Furnishings: Indoor portable chairs and tables to seat sixty (60) people; outdoor (commercial
grade) chairs and tables to seat sixteen (16) people.
10. Swimming Pool:
a. Minimum size: One-thousand (1,000) square feet of pool surface area; and a men's and
women's rest room/locker room if not contained within a clubhouse with such facilities.
b. Features: Non opaque fencing surrounding the entire pool area per State Statute; hard sur-
face extending at least twelve (12) feet in all directions from the pool's edge; and notable
landscaping along the outside of at least seventy percent (70%) of the fence.
c. Furnishings: Seating for at least thirty (30) people using lounge chairs; as well as chair and
table sets.
B. The Plan Commission shall have the authority to accept a clearly equivalent or greater equivalent
amenity in-lieu-of what is required. The developer shall provide plan view drawings, two (2) eleva-
tion drawings, supportive illustrations, and a description of the facility, products, and furnishings
proposed to be used for the Plan Commission to determine equivalency.
C. Once twenty-five percent (25%) of the total number of dwelling units in a development have
received a certificate of occupancy, the required amenity facilities shall be ready for use by tenants
prior to any more dwelling units being constructed or issued a certificate of occupancy.
D. If two (2) or more multifamily developments are:
I. Contiguous; and/or
2. Separated by a right-of-way; and/or
3. Separated by an easement; and/or
4. Within two-hundred (200) feet of the boundary of each other;
And is
5. Developed by a single developer, partners, corporation, or associate organizations; or
6. Built-out by a single builder or dominantly built-out by a single builder; then:
The developments shall aggregately be subjected to the amenity standards above. For example, if a
one-hundred ten ( II 0) unit multifamily development is separated by a local street from a three-hun-
dred fifty (350) unit multifamily development constructed by the same developer, then the amenity
standards shall apply to the two (2) developments as if they were a single development. Together
they would be regulated as if they were a four-hundred sixty (460) unit development. This provi-
sion applies even if the 1\\10 (2) or more developments are approved at different times (e.g. months or
years).
Article Seven: Development Standards
7-57
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~ ;0'( ):
Miscellaneous Standards (Me)
7.28 Miscellaneous Standards (Me)
MC-O I: This Miscellaneous Standards section applies to the following districts:
~
A. Each manufactured or mobile home in a manufactured or mobile home park must be tied down and
have perimeter skirting.
MC-02 ~D ~e[bJ~ ]ij~i~~~ ~a~~~IOWin distric~ (N Jj ITTI
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Storage or parking of recreational vehicles is subject to the following conditions:
A. At no time may anyone occupy or use a parked or stored recreational vehicle for living, sleeping or
housekeeping purposes, except as outlined below.
B. A property owner may allow a recreational vehicle to park on the owner's property for up to fifteen
(15) consecutive days, but not to exceed thirty (30) total days in anyone calendar year to allow a visit
by the recreational vehicle's occupant.
C. No more than one (1) recreational vehicle may be stored or parked outdoors on a residential parcel at
anyone time.
D. A recreational vehicle shall not be parked on a parcel without a primary building.
E. The owner of a recreational vehicle may store or park the recreational vehicle behind or alongside the
primary building in such a manner that no part of the vehicle projects beyond the front of the primary
structure, side yard setback, or rear yard setback.
F. A recreational vehicle shall not block a sidewalk.
G. A recreational vehicle shall not be used for personal storage.
MC-04:~b~li~~]~~i1~~~~a~~~OWin dismc~ (NJjITTI
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All side property lines must be within ten (10) degrees of perpendicular to the street center line or radial
on curve.
MC-OS: This Miscellaneous Standards section applies to the following districts:
~ITTI
A. Temporary outdoor storage of construction materials, palettes and like materials must be sheilded
from view with a six (6) foot privacy fence on all sides.
B. Outdoor storage of products or materials for sale must be approved by the Planning Director.
MC-06: This Miscellaneous Standards section applies to the foIlowin districts:
[]~~010~~~~~ ~ITTII
~IJ
Street addresses must be posted on all primary structures and be visible from primary roadway and/or be
posted on mailbox or other suitable structures visible from primary roadway.
1-58
Jeffersonville Zoning Ordinance
'" ~
.!.
'; '~
Miscellaneous Standards (Me)
Me-07: This Miscellaneous Standards section ap lies to the following districts:
~~~~~~ .~ [ffiJ[O. mlJ
(Continued)
Dumpsters, compactors and similar containers must be screened on all sides by a fence or wall and must
be constructed with the same exterior building materials as the primary structure. However, glass or sim-
ilar translucent and breakable materials shall not be used. The height of the enclosure must be five (5)
feet tall or higher if the height does not block the view of the dumpster, compactor or similar container.
Article Seven: Development Standards
1-59
. ,
,,;
Article Fourteen
Definitions
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Article Fourteen
Definitions
14.1 General:
The definitions contained in this Article shall be observed and applied in the interpretation of all Articles in this
Ordinance, except where the context clearly indicates otherwise. Words used in the present tense shall include
the future; words used in the singular number shall include the plural and the plural the singular; words used in
the masculine gender shall include the feminine.
14.2 Defined Words:
The following tenns shall have the following meanings:
Abandonment: The relinquishment of property or a cessation of the use of the property for a continuous pe-
riod of one year by the owner with the intention neither of transferring rights to the property to another owner
nor of resuming the use of the property.
Accessory Buildinl!. or Structure: A building or structure which:
Is subordinate to a primary building or structure in area, intent, and/or purpose,
Contributes to the comfort, convenience, or necessity of occupants of the primary building, structure, or
principal use,
Does not alter or change the character of the premises,
Is located on the same zoning lot as the primary building, structure, or use,
Confonns to the setback, height, bulk, lot coverage, and other requirements of this Ordinance unless other-
wise provided for by this Ordinance,
May not be constructed prior to the time of construction of the primary building or structure, unless used
for agricultural or personal storage or otherwise specified in this Ordinance,
Is not designed for human occupancy as a dwelling or commercial use, and,
In the case of a telecommunications tower, antenna, or other radio or cellular communications or equip-
ment, a subordinate structure detached from but located on the same site, the use of which is incidental and
accessory to that of the principal telecommunications tower, antenna, or other radio or cellular communi-
cations equipment.
S4-1
Jeffersonville Zoning Ordinance
Adiacent Property: Any property adjacent to or directly diagonal to the subject property. Properties across
a public right~of~way (ROW) are also considered adjacent. The illustratIon below notes the properties that
would be considered adjacent to two different subject properties;
Adult Bookstore: An establishment having more than ten percent (10%) of its stock in trade or its dollar
volume in books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video
cassettes, slides, tapes, records or other forms of visual or audio representations which are distinguished or
characterized by their emphasis on matter depicting, describing or relating to sexual activities or sexual ana~
tomical areas.
Adult Entertainment: An adult bookstore, adult retail store, adult motion picture theater, or adult strip club
or like uses.
Adult Motion Picture Theater: A facility for audio and visual productions and performing arts specifically
for adult motion pictures and adult entertainment.
Adult Retail Store: An establishment having more than ten percent (l 0%) of its stock in trade or its dol-
lar volume in devices, toys, audio or visual recordings, games, attire, or other items intended for adult sexual
activities or used for erotic, pornographic, or related sexual activities.
Adult Strip Club: A facility (indoor or outdoor; and private or public) for audiences or individuals to ob~
serve nudity or partial nudity of any person, or any other services appealing to or designed to appeal to erotic
or sexual appetites or inclinations.
Advisory Plan Commission: A plan commission serving a single local government jurisdiction established
as defined under the Indiana Code, 36~7~1~2 (1983) as amended. The Jeffersonville Plan Commission is an
Advisory Plan Commission.
Al!riculture: The use of land for agriculture purposes, including farming, dairying, pasturage, apiculture, ag-
riculture, horticulture, floriculture, viticulture, and animal and poultry husbandry, and the necessary accessory
uses for packing, treating, or storing the produce; provided, however, thatthe operation of any accessory uses
shall be secondary to that of the normal agricultural activities.
"Agriculture" does not include feed lots, stock yards, or the commercial feeding of garbage or offal to swine or
other animals.
AUey: A public right-of-way, other than a street, road, crosswalk, or easement, that provides secondary access
for the special accommodation of abutting property.
Article Fourteen: Definitions
84-3
Antenna: Any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or
reception of electromagnetic or radio waves.
Applicant: The owner, owners, or legal representative of real estate who makes application to the Jefferson-
ville Plan Commission and/or Board of Zoning Appeals for action by said commission or board affecting the
real estate owned thereby.
Arterial Street: See Street, Arterial.
Assisted Livin~ Facility: A residential facility where assistance with daily activities, such as taking medicine,
dressing, grooming, and bathing are provide for the aged or infirm, or any other reasonably independent person
in need of nursing care; and which does not contain equipment for surgical care or for treatment of disease or
injury, and is not inclusive of patients being treated for mental illness or alcohol or drug addiction. Assisted
living facilities have private rooms that are not shared by non-related persons.
Attached Buildin~: A building that is structurally connected to another building by a foundation, wall, or roof
line. Carports, garages, porch awnings and the like are considered attached buildings and must abide by all
regulations pertaining to primary structures.
Auto Repair. Maior: Engine rebuilding or major reconditioning of worn or damaged motor vehicles or trail-
ers; collision service, including body, frame, or fender straightening or repair; and overall painting of vehicles.
Auto Repair. Minor: Incidental repairs, replacement of parts, and motor service to automobiles but excluding
any operation specified under "Automobile Repair, Major".
Automobile Service Station: Any building or premises used for the dispensing, sale, or offering for sale to
the public, automobile fuels stored only in underground tanks and located wholly within the lot lines; lubricat-
ing oil or grease for the operation of automobiles; and the sale and installation of tires, batteries, other minor
accessories, and minor auto repair, but not including a bulk plant, conducting of major auto repairs, automobile
wrecking, automobile sales, or car washes; provided, however, that the washing of individual automobiles
where no chain conveyor is employed may be included.
Avera~e Setback: An average of the front yard setbacks of structures on either side of the subject property. If
the average setback encroaches into the right-of-way, permission is not required from the Jeffersonville Board
of Zoning Appeals. If the subject property is a comer lot, the average of the front yard setback of structures
adjacent to the subject property, along with the front yard setback of structures directly across the street of the
subject property must be used.
Base District Zone: A base district zone is the existmg zoning district of the subject lot:
prior to the approval of a planned development, or
prior to the effects of an overlay district.
Bed and Breakfast Facility: An owner occupied or owner employee occupied residence containing no more
than six (6) guest rooms for hire, for lodging by prearrangement for periods not to exceed three (3) consecutive
weeks and providing for occasional meals daily (usually breakfast) and not a hotel, boarding house or motel.
Berm: A man-made, formed, earth mound of definite height and width used for landscaping and screening
purposes, the intent of which is to provide a transition between uses of differing intensity or to screen uses
from sight.
14-4
Jeffersonville Zoning Ordinance
~ Property abutting on one side of a street and lying between the two (2) nearest intersecting or intersect-
ing streets, intersecting railroad, intersecting waterway, or the end of a dead end street.
Board: See Board of Zoning Appeals.
Board of ZODin~ Appeals: The Jeffersonville Board of Zoning Appeals or any division thereof.
Boardin~ House: A building or part of a building that contains accommodation facilities for lodging, and
typically with meals reserved solely for the occupants thereoffor a fee. Boarding houses do not include bed
and breakfasts, multifamily dwellings, hotels or motels.
Bond: Any fonn of security including a cash deposit, surety bond, collateral, property, or instrument of credit
in an amount and fonn satisfactory to the Plan Commission. All bonds shall be approved by the Commission
wherever a bond is required by these regulations.
ButTer Landscapin~: Any trees, shrubs, walls, fences, benns, space, or related landscaping features required
under this Ordinance for buffering lots from adjacent properties or public rights-of-way for the purpose of
increasing visual shielding or other aspects of privacy and/or aesthetics.
Article Fourteen: Definitions
tt4-S
Buffer Yards: An area adjacent to front, side and rear property lines, measured perpendicularly from adjacent
property lines and/or right-of-way lines, intended to provide attractive spaces to reduce the impacts of pro-
posed uses on adjacent property or natural features and to screen incompatible uses from each other and from
the right-of-way. Buffers also help to maintain existing trees or natural vegetation, to block or reduce noise,
glare or other emissions and to maintain privacy. Buffer Yards are in addition to (separate from) front, rear, or
side yard setbacks.
or
R.O.W. = As Defined on Thoroughfare Plan
BuiJdin~: A structure having a roof, supported by columns or walls, for the shelter, support, or enclosure of
persons, property, or animals; and when separated by division walls from the ground up and without openings,
each portion of such building shall be deemed as a separate building.
BuiJdin~ Area: The horizontal area of the buildings on a lot, measured from the outside exterior walls,
excluding open areas or terraces, unenclosed porches or decks, and architectural features that project no more
than two feet.
Buildinl! Code: The Indiana Building Code which establishes and controls the standards for constructing all
forms of permanent structures and related matters. Also referred to herein as the Jeffersonville Building Code.
BuiJdinl! Hei~ht: see Structure Height.
BuiJdinl! Envelope: The setback lines that establishes an area on a lot in which building can occur.
//
R.O.W. = As Defined on Thoroughfare Plan
R.O.w.
i
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,{/ /
// R.OW. = As Defined on Thoroughfare Plan
R.O.W.
d4-6
Jeffersonville Zoning Ordinance
=-
Business: The engaging in the purchase, sale, barter, or exchange of goods, wares, merchandise, or services,
or the maintenance or operation of offices, recreational, or amusement enterprises.
Business Districts: Refers to the NC, OC, DC, HC, C I and C2 Districts.
BZA: See Board of Zoning Appeals.
Camp~round: Any site, lot, field, or tract of land designed with facilities for short tenn occupancy by recre-
ational vehicles and other camping equipment but not including mobile homes.
Cellular Communication Equipment: Antennas and other transmitting and/or receiving device or other as-
sociated devices used in the provision of telecommunications service.
Cemetery: Property used for interring of the dead. H includes any crematory, mausoleum, or mortuary oper-
ated in conjunction with and on the same property.
Central Water Svstem: A community water supply system including existing and new wells and/or surface
water sources and intakes, treatment facilities, and distribution lines and includes such of the above facilities
established by the developer to serve a new subdivision or commercial/ industrial development.
Central Sewer Svstem: A community sewer system including collection and treatment facilities owned and
maintained by the City of Jeffersonville.
Certificate of ComDliance: A certificate that is issued prior to the Certificate of Occupancy stating that the
building, structure or use has been constructed and complies with the provisions of this Ordinance, Developer
Commitments, and all conditions of the Plan Commission or BZA. A posting of bond may be accepted for in-
complete requirements that will be completed as per a written agreement. The time period and amount of bond
shall be detennined by the Planning Director.
Certificate of OccuDancy: A certificate stating that the occupancy and use of a building or Structure complies
with the provisions of all applicable Jeffersonville Codes and Ordinances.
Child Care Home: An establishment providing non-overnight care, supervision, and protection of children in
private residences which is ancillary to the primary use as residential. A residential structure in which at least
(6) children (not including the children for whom the provider is parent, stepparent, guardian, custodian, or
other relative) at any time receive child care from a provider: (I) while unattended by a parent, legal guardian
or custodian; (2) for regular compensation; and (3) for more than four (4) hours but less than twenty-four (24)
hours in each often (10) consecutive days per year, excluding intervening Saturdays, Sundays, and holidays.
The tenn includes class I child care home and class II child care home as defined in IC 12-7-2-33.7 and IC
12-7-2-33.8.
Child Care Center: Any institution operated for the care of children, licensed pursuant to I.C. 12-3-2-3.1, et
seq., and as defined by Indiana Code Section 12-3-2-3.
Child Care Institution: (A) a residential facility that provides child care on a twenty-four (24) hour basis for
more than ten (10) children; or
(8) a residential facility with a capacity of not more than ten (10) children that does not meet the residential
structure requirements of a group home; or
(C) operates under a license issued under IC 12-17.4; provides for delivery of menta! health services that are
appropriate to the needs of the individual; and complies with the rules adopted under IC 4-22-2 by the Division
of Family and Children.
Children's Home: see Child Care Institution.
City: The City of Jeffersonville.
Article Fourteen: Definitions
44.7
Clinic: An establishment in which human patients are admitted for medical or dental study or treatment and in
which the services of at least two physicians or dentists are provided.
Co-location Site: A site on an existing or proposed telecommunication tower that can be used for the instal-
lation and/or mounting of antennas or radio or cellular communication equipment that operates on a different
frequency from the initial user.
Commission: See Advisory Plan Commission.
Comprehensive Plan: Refers to the Jeffersonville Comprehensive Plan. The plan includes goals, objec-
tives and strategies for land use, growth management, transportation/thoroughfares, community facilities and
services, environment concerns, infrastructure, aesthetics and identity, economic development, and parks and
recreation. The plan was developed and adopted by the Commission pursuant to the LC. 36-7-4-500 series and
includes any part and/or policies separately adopted and any amendment to such plan and/or policies, or parts
thereof.
Condition of Approval: Stipulations or provisions set forth by the Board of Zoning Appeals or Plan Commis-
sion required as a prerequisite for approval of a petition.
Condominium: Real estate lawfully subject to LC. 32-1-6 (1-31), (the Horizontal Property Law), by the
recording of condominium instruments, in which undivided interests in the common areas and facilities are
vested in the condominium unit owners.
Construction Plan(s): The maps or drawings showing the specific location and design of improvements to be
installed in accordance with the requirements of this Ordinance and the Indiana Building Code as a condition
of approval.
County: Clark County, Indiana.
Covenants: Private and legal restrictions of various kinds on the usage of lots, typically within a subdivision
and applied by the subdivider. In the case of public health, safety and welfare, covenants may be applied by
the Plan Commission, that are recorded with the plat and deed. Covenants can also be placed on commercial
and industrial developments. Unless specifically agreed to, covenants are not enforceable by the Plan Commis-
sion or its designees. However, they are enforceable in civil court by interested or affected parties.
Cul-De-Sac: A street having one (I) end open to traffic and being permanently terminated by a vehicular
turnaround at the other end.
DBH: Diameter-at-breast-height is a tree trunk diameter measured in inches at a height of 4.5 feet above
the ground. If a tree spits into multiple trunks below 4.5 feet, the trunk is measured at ist most narrow point
beneath the split.
Day Care Center: See Child Care Center.
Dedication: The setting apart of land or interests in land for use by the municipality or public by ordinance,
resolution, or entry in the official minutes as by the recording of a plat.
d4-8
Jeffersonville Zoning Ordinance
Detached BuUdin!!: A building that has no structural connection with the primary building or any other
building or structure.
~/
R.o.w. = As Defined on Thoroughfare Plan
R.O.W.
I
Developer: The owner or legal representative of land proposed to be subdivided or residentially/com-
mercially lindustrially utilized.
District: Areas within the City of Jeffersonville for which uniform zoning regulations governing use,
height, area, size, intensity of use of buildings and land, and open spaces about buildings, are established
by this Ordinance. Districts are drawn on the Official Zoning Map.
Domestic Pets: Animals commonly used as household pets, protection, companions, and for assistance to
disabled persons. Domestic pets shall include animals that are cared for and treated in a manner accept-
able for pet dogs, cats, and birds. Domestic pets shall include, but not be limited to, dogs, cats, parakeets,
parrots, finches, lizards, spiders, guinea pigs, hamsters, gerbils, rats, mice, rabbits, aquarium fish, ferrets,
and snakes if cared for in the manner described above.
Drives. Private: See Street, Private.
Duplex: See Dwelling, Two-Family.
DweHin2': A building or structure or portion thereof, conforming to all requirements applicable to the
District in which it is located, all Building Codes, and that is used exclusively for residential occupancy,
including single-family dwelling units, two-family dwelling units, and multifamily dwelling units, but
excluding hotels, motels, and boarding houses.
Dwelling. Manufactured Home: A single-family dwelling unit designed and built in a factory, installed
as a permanent residence, 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. 5401 et seq.), and which
also complies with the following specifications:
Was constructed after January 1, 1981, and exceeds nine hundred fifty (950) square feet of occupiable
space per I.c. 36-7-4(d),
ls attached to a permanent foundation of masonry construction and has a permanent concrete or
concrete block perimeter enclosure constructed in accordance with the One and Two Family Dwelling
Code,
Has wheels. axles, and towing chassis removed,
Has a pitched roof with a minimum rise of2/12, and
Consists of two (2) or more sections which, when joined, have a minimum dimension of23' in width
for at least 60% of its length.
Article fourteen: Definitions
14-9
Dwellin~. Mobile Home: A transportable dwelling unit which is a minimum of 8' in width and which is
built on a permanent foundation or tied down with perimeter skirting when connected to the required utilities,
and includes the plumbing, heating, air conditioning, and electrical system contained therein, and which was
manufactured either:
Prior to June 15, 1976 and bears a seal attached under Indiana Public Law 135, 1971, certifying that it was
built in compliance with the standards established by the Indiana Administrative Building Council, or
Subsequent to or on June 15, 1976 and bears a seal, certifying that it was built in compliance with the Fed-
eral Mobile Home Construction and Safety Standards.
DwelIin~. Multifamily: A residential building designed for or occupied by three (3) or more families, with the
number of families in residence not exceeding the number of dwelling units provided.
Dwellin~. SineIe-Family: A detached residential dwelling unit designed for and occupied by one (1) family.
A single family dwelling shall be at least 23 feet wide for sixty percent of its length.
DwelJinf Site: A site within a manufactured home park and/or mobile home park with required improvements
and utilities that is leased for the long term placement of a manufactured home and/or mobile home.
Dwellin~. Two-Family: A residential building containing two (2) dwelling units designed for occupancy by
not more than two (2) families.
Dwellin~ Unit: Any structure or portion thereof designed for or used for residential purposes as a self-
sufficient or individual unit by one (I) family or other social association of persons and having permanently
installed sleeping, cooking, and sanitary facilities.
Easement: A grant by a property owner to specific persons, the general public, corporations, utilities, or oth-
ers, for the purpose of providing services or access to the property.
Established Setback: The average setback for existing primary structures on the two (2) lots on either side
of the subject lot. Ifprimary structures do not exist on one (1) or both sides of the subject lot, an established
setback cannot be determined.
Expressway: Any roadway that operates at a high service level, consists of limited access, is divided, carries
region-wide traffic and is generally classified as part of the interstate system.
Familv: An individual, or two (2) or more persons related by blood, marriage, or adoption, or a group of not
more than three (3) persons, not related by blood, marriage, or adoption, living together as a single housekeep-
ing unit in a dwelling unit.
Finished Floor Area: See Floor Area, Finished.
Floodplain: The relatively flat area or low land adjoining the channel of a river or stream which has been or
may be covered by flood water. The flood plain include the channel, floodway, and floodway fringe. Flood
plain boundaries are to be determined by using the Floodway-Flood Boundary Maps of the Federal Insurance
AdministrationlFederal Emergency Management Administration.
Floodplain (lOOyr)
Floodway Fringe
Floodway
Flood Protedion' Grade: The elevation of the lowest point around the perimeter of a building at which a one
hundred (100) year flood may enter any Finished Floor Area.
i 4-1 0
Jeffersonville loning Ordinance
Floor Area: The sum of all horizontal surface areas of all floors of all roofed portions of a building enclosed
by and within the surrounding exterior walls or roofs, or to the center line(s) of party walls separating such
buildings or portions thereof. Floor area of a building shall exclude exterior open balconies and open porches.
Floor Area. Finished: That portion of floor area constructed, completed, and usable for living purposes with
normal living facilities which includes sleeping, dining, cooking, working, entertainment, common space link-
ing rooms, areas for personal hygiene, or combination thereof. Floor area or portion thereof used only for stor-
age purposes and not equipped for the facilities mentioned above shall not be considered Finished Floor Area.
Floor Area. Main: That portion of Finished Floor Area located on the first (or nearest ground level) floor of
the dwelling unit. The Main Floor Area of a primary structure does not include a garage, carport, deck, unfin-
ished storage, patio, or open porch.
Foundation: The supporting member of a wall or structure.
Freeway: See Expressway.
Front Line: With respect to a building, the foundation line that is nearest the front lot line.
Front Lot Line:
A. For an interior or through lot, the line marking the boundary between the lot and the abutting street, right-
of-way or a Lake or watercourse; and
B. For a corner lot, the line marking the boundary between the lot and each of the abutting streets.
(SEE GRAPHICS FOR "FRONT YARD")
Front Yard: The horizontal space between the nearest foundation of a building or structural appurtenance, or
roof eave (whichever is closer) to the Front Lot line, extending to the side lines of the lot, and measured as the
shortest distance from that foundation to the Front Lot line.
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Fronta~e: See Lot Frontage.
Gara~e: An attached or detached structure whose principal use is to house motor vehicles or personal prop-
erty for the accommodation of related dwelling units or related business establishments.
Ground Floor Area: See Floor Area, Main.
Article Fourteen: Definitions
a 4-1 ~
Group Home: A facility that houses not more than ten (10) children that are either (A) in need of service
under IC 31-34-1; or (B) children who have committed a delinquent act under IC 31-37-2-2, IC 31-37-2-3, or
IC 31-37-2-5. Group homes are not subject to Covenants, deeds or other instruments pertaining to the trans-
fer, sale, lease, or use of property that would permit the residential use of property but prohibit the use of that
property as a group home as a matter of State public policy reasons. Group homes cannot be prohibited on the
grounds that they are a business, the persons living in a group home are not related, or any other reason. All
group homes must abide by IC 12-17.4-5 and must be a licensed facility with the State, meeting fire codes,
building codes, and specific group home regulations.
Hardship: A difficulty with regard to one's ability to improve land stemming from the application of the
development standards of this Ordinance, which mayor may not be subject to relief by means of variance.
In and of themselves, self-imposed situations and claims based on a perceived reduction of or restriction on
economic gain shall not be considered hardships. Self-imposed situations include: the purchase of land with
actual or constructive knowledge that, for reasons other than physical characteristics of the property, the de-
velopment standards herein will inhibit the desired improvement; any improvement initiated in violation of the
standards of this Ordinance; any result ofland division requiring variance from the development standards of
this Ordinance in order to render that site buildable.
Hei!!ht: See Structure Height.
Hobbv Farmin&:: The use ofland for purposes, including: dairying, pasturage, apiculture, agriculture, horti-
culture, floriculture, viticulture, and animal and poultry husbandry. Processing and storage of harvested pro-
duce or other end products shall not be allowed on site. The hobby farming use(s) shall not exceed 40% of the
land area of the lot and shall abide by all setback regulations. Hobby farming cannot be the principal income
source for the owner, operator or household on site.
Hobby farming shall not include feed lots, stock yards, or the commercial feeding of garbage or offal to swine
or other animals.
Home Occupation #1: Specified activities or business practices that may be carried on in a residence that
have little to no impact to structure or surroundings within residential Zoning Districts. These activities or
business practices do not allow the loss of the residential district's character or function as a residential area or
neighborhood. To regulate minimal business practices within residential districts, development standards for
home occupations have been established and can be found in Article 7 Section 7.18 Subsection HO-O I.
Home OccuDation #2: Reasonable business practices that may be carried on in a residence that have mini-
mal impact within residential Zoning Districts. These business practices do not allow the loss of the residential
district's character or function as a residential area or neighborhood. To regulate reasonable business practices
for home occupations, development standards have been established and can be found in Article 7 Section 7.18
Subsection HO-02.
Hotel: A building in which temporary lodging or board and lodging are provided and offered to the public for
compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office
supervised by a person in charge at all hours. As such, it is open to the public. Compensation is usually as-
sessed on a day-to-day basis.
Hospital: An institution providing primary health services and medical or surgical care to persons, primarily
inpatients, suffering from illness, disease, injury, and other abnormal physical or mental conditions and includ-
ing, as an integral part of the institution, related facilities, such as laboratories, outpatient facilities, training
facilities, medical offices, and staff residences.
Impervious Surface: Any material that prevents absorption of storm water into the ground such as concrete or
asphalt. This does not include gravel, rock, or stone.
14-11
Jeffersonville Zoning Ordinance
=
Improvement Location Permit: A permit issued under the Zoning Ordinance prior to receiving a Building
Permit, permitting a person, firm, or corporation to erect, construct, enlarge, alter, repair, move, occupy, use,
improve, remove, convert, or demolish any building or structure within its jurisdiction, or permitting a person
to change the condition of the land.
Improvement: Any permanent structure that becomes part of, placed upon, or is affixed to real estate, or any
alteration to the land. In the case of the Park and Recreation District, this excludes paved walkways and plant-
ings.
Incidental: A minor occurrence or condition which is customarily associated with a permitted use and is
likely to ensue from normal operations.
Industry. Li~ht: See Manufacturing, Light.
Industry. Heavy: See Manufacturing, Heavy.
Industrial District: Refers to the NI, I I, and 12 Districts.
Initial User: The applicant, person, organization or corporation that originally applies to the City of Jefferson-
ville for approval for the installation of an antenna or other radio or cellular communication equipment or for
approval for the construction of a telecommunication tower or facility.
Interior Lot: See Lot, Interior.
Interstate: See Expressway.
Jurisdiction: See Planning Jurisdiction.
Junk: An automobile, truck, other motor vehicle, watercraft, large appliances, furniture or like materials
which have been damaged to such an extent that they cannot be operated under their own power or used and/or
will require major repairs before being made usable. This also includes such a vehicle which does not comply
with State, County, or City vehicle licensing or other laws or ordinances.
Junk Yard: A place, usually outdoors, where waste or discarded used property, including but not limited to
automobiles, farm implements and trucks, is accumulated and is or may be salvaged for reuse or resale. This
does not include industrial scrap metal or accumulation of organic matter.
Kennel (Commercial): A place primarily for keeping more than four (4) adult dogs, or other small animals
that are ordinarily bred for sale as pets, including temporary care facilities for animals for compensation.
Kennel (Private): A place for keeping up to four (4) adult dogs, or other small animals for personal use and
el1ioyment which is subordinate to the principal use. Private kennels are not regulated in this Ordinance and
are permitted in all districts.
Landscapin~: The improvements of a lot with grass, shrubs, trees, and other vegetation and/or ornamental
objects. Landscaping may include pedestrian walks, flower beds, berms, fountains and other similar natural
and man-made objects designed and arranged to produce an aesthetically pleasing effect.
Legal Nonconforming Building or Structure: Any continuously occupied, lawfully established structure or
building prior to the effective date of this Ordinance, or its subsequent amendments, that no longer meets the
development standards.
Legal Nonconforming Lot of Record: Any legally established and recorded lot prior to the effective date of
this Ordinance, or its subsequent amendments, that no longer meet the lot-specific development standards.
Le~al Nonconformin~ Sign: Any sign lawfully existing on the effective date of this ordinance, or amend-
ment thereto, that does not conform to all the standards and regulations of this Ordinance and has been regis-
tered within the allotted time period as described in 10.7 of this Ordinance.
Article Fourteen: Definitions
t 4- . 3
,
Lelia) Nonconforminl! Use: Any continuous, lawful use of structures, land, or structures and land in combi-
nation established prior to the effective date of this Ordinance or its subsequent amendments that is no longer
a permitted use in the district where it is located.
Local Street: See Street, Local.
Lot: A piece, parcel or tract of land designated by its owner or developer to be used, developed or built upon
as a unit under single or multiple ownership or control. There are generally three types of lots identified in
this Ordinance: lnterior Lots, Comer Lots, and Through Lots. In all other Districts, a lot may only contain one
primary structure. In and M2 Districts, a lot may contain more than one primary structure.
Lot. Buildable: See Lot, Improved.
Lot. Corner: A lot situated at the intersection of two (2) streets or which fronts a street on two (2) or more
sides forming an interior angle of less than one-hundred and thirty-five (135) degrees.
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Lot Covera~e: The area of a lot occupied by the primary building, any accessory structures and impervious
surface.
14-14
Jeffersonville Zoning Ordinance
Lot DeDth: The horizontal distance between the front and rear lot lines.
Lot Lot
Area r- Area r-
a a
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Lot. Developed: A lot with buildings or structures situated thereon.
Lot Frontae-e: The length of the front lot line bordering upon a public right-of-way. The lot frontage is deter-
mined by measuring the total distance in which the front lot line touches a public right-of-way. Lot frontage
requirement for a cul-de-sac lot is one half (1/2) the distance required for standard lots.
Lot. Im{)roved: A lot upon which a structure or building can be constructed and occupied as a result of the
fact that it has frontage on and access to an improved street, meets minimum setback requirements, and has all
necessary utilities available to the lot such as sewer, water, electricity, etc.
Lot. Interior: A lot other than a corner lot or a through lot.
Lot of Record: A lot which is a part ofa subdivision recorded in the office of the County Recorder, or a par-
cel or lot described by metes and bounds, a description of which has been so recorded.
Article Fourteen: Definitions
f 4- f 5
.~h-
Lot. Throu~h: A lot fronting on two (2) parallel or approximately parallel streets, or abutting two (2) streets
which do not intersect at the boundaries of the lot. Also includes lots fronting on both a street and watercourse
or lake. Accessory builqings are allowed in front yards facing watercourses or lakes.
Lake
Lot Width: The distance between the side lot lines as measured on the front lot line. Cul-de-Sac and irregular
shaped lots shall measure their front lot widths along the front setback line from one side lot line to the other.
Lot I
Area r- r-
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Main Floor Area: see Floor Area. Main.
Maneuverin~ Space: An open space in a parking area which:
Is immediately adjacent to a parking space,
Is used for andlor is necessary for turning, backing or driving forward a motor vehicle into such parking
space, but
Is not used for the parking of or storage of motor vehicles.
Manufactured Home: See Dwelling, Manufactured Home.
Manufactured Home Park: A parcel of land containing two or more dwelling sites, with required improve-
ments and utilities, that are leased for the long term placement of Mobile Home Dwellings andior Manufac-
tured Home Dwellings, and shall include any street used or intended for use as part of the facilities of such
Manufactured Home Park. A Manufactured Home Park does not involve the sales of Mobile Home Dwellings
or Manufactured Home Dwellings in which unoccupied units are parked for inspection or sale.
n4.t6
Jeffersonville Zoning Ordinance
Manufacturin~. Heavv: The assembly, fabrication or processing of goods and materials using processes
that ordinarily have greater than minimal impacts on the environment, or that otherwise do not constitute
light manufacturing, and which may include open uses and outdoor storage. Heavy manufacturing generally
includes processing and fabrication of products made from extracted or raw materials. Heavy manufacturing
shall not include any use that is otherwise listed specifically in any zoning district as a permitted use or special
exception.
Manufacturin~. Li~ht: The assembly, fabrication or processing of goods and materials using processes that
ordinarily do not create noise, smoke, fume, odors, glare or health or safety hazards outside of the building or
lot where such assembly, fabrication, or processing of goods are housed entirely within an enclosed building.
Light manufacturing generally includes processing and fabrication of finished products predominantly from
previously prepared materials. Light manufacturing shall not include any use that is otherwise listed specifi-
cally in any zoning district as a permitted use or special exception.
Marker (survey): A stake, pipe, rod, nail, or any other object which is not intended to be a permanent point
for record purposes.
Master Plan: See Comprehensive Plan.
Mobile Home: See Dwelling, Mobile Home.
Mobile Home Park: See Manufactured Home Park.
Monument (survey): A permanent physical structure which marks the location of a comer or other survey
point.
Motel: An establishment consisting of a group of attached or detached living or sleeping accommodations
with bathroom and closet space, located on a single zoning lot, and designed for use by transient automobile
travelers. A motel furnishes customary services such as maid service and laundering of linen, telephone, secre-
tarial, or desk service, and the use and upkeep of furniture.
Motor Home: See Recreational Vehicle.
Motor Vehicle: Any passenger vehicle, truck, tractor, tractor-trailer, truck-trailer, trailer, boat, recreational
vehicle, semi-trailer, or any other vehicle propelled or drawn by mechanical power.
Mural: A painting on the side of a building, wall, or structure; or a painting on the ground or the ceiling of a
building or structure. A mural that does not function as a sign is not regulated by this Ordinance., Murals that
function as a sign are regulated in this Ordinance as a Wall Sign.
Nonconforming Buildin~: A building, structure, or portion thereof, which was designed, erected, or structur-
ally altered such that it does not conform to the regulations of the district in which it is located.
Nonconforming- Lot of Record: A lot which was created such that it does not conform to the regulations of
the district in which it is located.
Nonconformiofl Si~n: A sign or portion thereof, which was designed, erected, or structurally altered such that
it does not conform to the regulations of the district in which it is located.
Nonconforminf! Use: A use which does not conform with the use regulations of the district in which it is
located.
Nursinf Home: A private home for the care of the aged .or infirm, or any other person in need of nursing
care; and which does not contain equipment for surgical care or for treatment of disease or injury, and is not
primarily used for patients being treated for mental illness or alcohol or drug addiction.
Article fourteen: Definitions
14-.7
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Official Zonin!! Map: A map of the City of Jeffersonville, fndiana, that legally denotes the boundaries of
zoning districts as they apply to the properties within the planning jurisdiction. There is only one Official Zon-
ing Map, and it is kept up to date by the Plan Commission and the Planning Director. .
Official Zonjn~ Map Copies: A map of the City of Jeffersonville, fndiana, that legally denotes the boundar-
ies of zoning districts as they apply to the properties within the planning jurisdiction. These maps may be out
of date.
Off-site Improvements: Any premises not located within the area of the property to be subdivided, used, or
built upon whether or not in the same ownership of the applicant for subdivision approval.
Open space: An area of land not covered by buildings, parking structures, or accessory uses except for rec-
reational structures. Open space may include nature areas; streams and flood plains; meadows or open fields
containing baseball, football, and soccer fields, golf courses, swimming pools, bicycle paths, etc. Open space
does not include street rights-of-way, platted lot area, private yard, patio areas, or land scheduled for future
development.
Outdoor Stora~e: See Storage, Outdoor.
Owner: Any person, group of persons, firm or firms, corporation or corporations, or any other legal entity
having legal title to or sufficient proprietary interest in the land sought to be subdivided under these regula-
tions, or their legal representative.
Parcel: See Lot.
Parent Tract: A lot of record as recorded on the effective date of this ordinance. Multiple pieces (lots) owned
by one person, persons in partnership, or a company and that are contiguous shall together be considered one
(I) parent tract. Roads, rivers, easements, and other built or natural features shall not constitute a separation of
two or more pieces of land owned by one person, persons in partnership, or a business.
Parkin~ Space. Automobile: Space within a public or private parking area for the storage of one (I) passen-
ger automobile or commercial vehicle under a one and one-half(I-I/2) ton capacity.
Paved: A durable surface for parking, driving, riding or similar activities that utilizes asphalt, concrete, brick,
paving blocks or similar material. Crushed gravel, stone, rock, or dirt, sand or grass are not permitted as a
paved surface.
Performance Bond: An amount of money or other negotiable security paid by the subdivider, developer,
or property owner or his/her surety to the City which guarantees that the subdivider will perform all actions
required by the City regarding an approved plat or in other situations as stated forth in this Ordinance and/or as
deemed by the Planning Director that provides that if the subdivider, developer, or property owner defaults and
fails to comply with the provisions of his/her approval, the subdivider, developer, or property owner or his/her
surety will pay damages up to the limit of the bond, or the surety will itself complete the requirements of the
approval.
Permanent Foundation: A structural system for transposing loads from a structure to the earth at a depth
below the established frost line without exceeding the safe bearing capacity of the supporting soil.
Permanent Perimeter Enclosure: A permanent perimeter structural system complete[y enclosing the space
between the floor joists of the home and the ground, except for the necessary openings, constructed in accor-
dance with the One and Two Family Dwelling Code.
Person: A corporation, firm. partnership. association. organization, unit of government. or any other group
that acts as a unit, as well as a natural person.
Plan Commission: See Advisory Plan Commission.
14- i 8
Jeffersonville loning Ordinance
..
Planned DeveloDment: A large-scale unified development meeting the requirements for zoning approval
under the provisions of Article Five of this ordinance. Generally a planned development consists of a parcel
or parcels of land, controlled by a single landowner, to be developed as a single entity which does not corre-
spond in size oflots, bulk or type of buildings, density, lot coverage, and required open space to the regulations
established in any district of this Ordinance. This may result in more attractive and affordable development
than conventional developments would allow. . Clustered housing (dwellings built in innovative lot arrange-
ments around common open space) and zero lot line housing (dwellings built immediately adjacent to lot lines)
are possible as part of planned developments. A planned development requires approval through an Official
Zoning Map amendment.
Plannin~ Director: The officer appointed by and/or delegated the responsibility for the administration of this
ordinance's regulations by the Plan Commission.
Plannin~ Jurisdiction: All land within the corporate limits of Jeffersonville, Indiana, including the land
within 2-miles ofthe corporate boundaries of Jeffersonville, as set out on the Official Zoning Map.
Plat: A map or chart that shows a division of land and/or the layout for subdivisions that is intended to be filed
for record.
Plat. Primary: The primary plat, pursuant to I.C. 36-7-4-700 series, is the plat and plans upon which the ap-
proval of a proposed subdivision are based. The primary plat and plans shall be subject to public notice and
public hearing according to law and according to Plan Commission rules. (Under former state statutes, the
primary plat was referred to as a "preliminary" plat.)
Plat. Secondary: The secondary plat, pursuant to I.c. 36-7-4-700 series, is the final plat document in record-
able form. A secondary plat shall substantially conform with the preceding primary plat, or section thereof.
The secondary plat and plans are not subject to public notices and public hearings.
Porch: A roofed-over structure projecting out from the wall or walls of a main structure and commonly open
to the weather in part.
Practical Difficultv: A difficulty with regard to one's ability to improve land stemming from regulations of
this Ordinance. A practical difficulty is not a "hardship," rather it is a situation where the owner could com-
ply with the regulations within this Ordinance, but would like a variance from the Development Standards to
improve his site in a practical manner. For instance, a person may request a variance from a side yard setback
due to a large tree which is blocking the only location that would meet the Development Standards for a new
garage location.
Primary Arterial: See Street, Primary Arterial.
Primary Plat: See Plat, Primary.
Primary Structure/BuiJdinf: The building or structure in which the principal use of the lot or premises is
located or conducted, with respect to residential uses, the principal building or structure shall be the main
dwelling. Only one primary structure shall be allowed on anyone lot at any time, with the exception of any
recorded secondary plats involving multiple family residential development with more than one residential
structure.
Principal Use: The main use of [and or buildings as distinguished from an accessory use. A principal use may
be either a permitted use or a special exception.
Private Street: See Street, Private.
Professional Office: An office used by members of a recognized profession such as architects, artists, den-
tists, engineers, lawyers, musicians, planners, physicians, surgeons, pharmacists. and realtors or insurance
agents and brokers.
Article Fourteen: Definitions
.4- . 9
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Public Improvements: Any stann drainage facility, street, highway, parkway, sidewalk, pedestrian-way, tree,
lawn, off-street parking area, lot improvement, utility, or other facility for which the local government may
ultimately assume the responsibility for maintenance and operation, or which may affect an improvement for
which local government responsibility is established.
PubliclPrivate Parkin~ Area: A group of parking spaces in an open area not including any part of a street or
alley, designed or used for temporary parking of motor vehicles.
Public Street: See Street, Public.
Public Utility: Any person, firm, or corporation duly authorized to furnish under public regulation to the pub-
lic, electricity, gas, steam, telephone, fiber optics, transportation, water, or sewage systems.
Rear Lot Line: The lot line that is opposite the front lot line and farthest from it, except that for a triangular
or other irregularly-shaped lot, the line ten feet long, parallel to the front lot line, and wholly within the lot,
that is farthest from the lot line. (See Graphic for Rear Yard)
Rear Yard: The horizontal space between the nearest foundation or structural appurtenance of a building to
a rear lot line and that rear lot line, extending to the side lines of the lot, and measured as the shortest distance
from the foundation to the rear lot line. Corner lots do not have rear yards, rather they have two side yards.
Rear Lot Line
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Recreational Vehicle: A vehicular-type portable structure without penn anent foundation that can be towed,
hauled, or driven and primarily designed as a temporary living accommodation for recreational, camping, and
travel use and including but not limited to, travel trailers, truck campers, camping trailers, boats, and self-pro-
pelled motor homes. A recreational vehicle shall not be used as living quarters.
Recreational Vehicle Park: Any commercially zoned site, lot, field, or tract of land under single owner-
ship, or ownership of two or more people, designed with facilities for short term occupancy for recreational
vehicles only.
Rel!istered Land Survevor: A land surveyor properly licensed and registered or through reciprocity permit-
ted to practice in the State of Indiana
Rel!istered Professional En~ineer: An engineer properly licensed and registered or through reciprocity per-
mitted to practice in the State of Indiana.
14-20
Jeffersonville Zoning Ordinance
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Re~ulatorv Flood: A flood having a peak discharge which can be equalled or exceeded on the average of
once in a one hundred (I 00) year period, as calculated by a method and procedure which is acceptable to and
approved by the Indiana Natural Resources Commission; Further, this flood is equivalent to a flood having a
one percent (1 %) probability of occurrence in any given year.
Re~ulatory Floodway: The channel of a river or stream and those portions of the flood plains adjoining the
channel which are reasonably required to efficiently carry and discharge peak flow of the regulatory flood of
any river or stream and, is that area covered by floodwaters in significant downstream motion or covered by
significant volumes of stored water during the occurrence of the regulatory flood.
Residential District: Refers to the RI, R2, R3, Ml,M2, M3, and MP Districts.
Residential Facility for the Developmentallv Disabled (Iar!!e): A residential facility which provides resi-
dential services for more than eight (8) developmentally disabled individuals as described in I.C. 12-28-4.
Residential Facility for the Developmentallv Disabled (small): A residential facility which provides resi-
dential services for eight (8) developmentally disabled individuals or less as described in I.C. 12-28-4.
Residential Facility for the Mentally III: A residential facility which provides residential services for men-
tally ill individuals as described in I.C. 12-28-4. No two Residential Facilities for the Mentally III shall be
within three thousand (3,OOO)feet of one another in the Jeffersonville planning jurisdiction as stated in Indiana
Code.
Re-subdivision: A change in a recorded subdivision plat if such change affects any street layout or area re-
served thereon for public use or any lot line or easement; or if it affects any map or plan legally recorded.
Ri!!ht-of-Way: A strip ofIand occupied or intended to be occupied by transportation facilities, public utilities,
or other special public uses. Rights-of-way intended for any use involving maintenance by a public agency
shall be dedicated to the public use by the maker of the plat on which such right-of-way is established.
Retirement Community: An age-restricted development, which may include detached and attached dwelling
units, apartments, and may also have a nursing home component.
ROW: See Right-of Way.
Road: See Street.
Satellite Oishi Antenna: An apparatus capable of receiving communications from a transmitter relay located
in a planetary orbit, or broadcasted signals from transmitting towers.
School: A public or private institution which offers instruction in any of the branches of learning and study
comparable to that taught in the public schools under the Indiana School Laws, including pre-kindergarten,
kindergarten, elementary school, and junior and senior high schools, but excluding trade, business, or commer-
cial schools.
School. Trade. Business. or Commercial: An educational facility which offers instruction specific to a trade,
business, or commercial.
Article fourteen: Definitions
14-11
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Scrap Metal Yard: A general industrial use established independent or ancillary to and connected with anoth-
er general industrial use, which is concerned exclusively in new and salvaged metal pipes, wire, beams, angles,
rods, machinery, parts, filings, clippings, and/or all other metal items of every type, and which acquires such
items incidental to its connection with the other general industrial use or by purchase, consignment or bailment
which stores, grades, processes, melts, cuts, dismantles, compresses, cleans, or in any way prepares said items
for reuse by the connected other general industrial use or for storage, sale or shipment and/or use in other in-
dustries or businesses including open hearth, electric furnaces and foundry operations. Such an establishment
shall not include junk yards, dumps, or automobile or other vehicle graveyards.
The storage, dealing in or the permitting of the accumulation of significant quantities of combustible, organic
or nonmetal scrap materials such as wood, paper, rags, garbage, bones and shattered glass on the premises of
such an establishment will disqualifY it from being classified as a scrap metal yard, and the same will be classi-
fied as a j unk yard.
Setback: The minimum horizontal distance between the building line and a lot line or right-of-way.
Side Lot Line: A lot boundary line other than a front or rear lot line.
(SEE GRAPHIC UNDER "SIDE YARD")
Side Yard: The horizontal space between the nearest foundation or structural appurtenance of a building to
the side lot line.
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Si~n: Any name, identification, description, display, or illustration which is affixed to, painted on, or is
represented directly or indirectly upon a building, structure, or piece of land, and which directs attention to an
object, product, place, activity, person, institution, organization, or business. Religious symbols on places of
worship or structures owned and operated by religious organizations shall not be considered a sign unless ac-
companied with text.
Si~n. Ground: A sign in which the bottom edge of the sign is permanently affixed to the ground. A monu-
ment sign is another name for a Ground Sign.
Si~n. Mural: A sign painted onto the side of a building, wall, ground, or structure. A mural sign is regulated
as a wall sign in this Ordinances. Mural's without a commercial message are not regulated by this Ordinance.
Sil!n. Non-Commercial: Any sign wording, logo or other representation that, directly or indirectly, does not
name, advertise, or call attention to a business, product, service, or other commercial activity.
.4-21
Jeffersonville loning Ordinance
l'
1" ( ~ ;,-
Si!!n. Outdoor Advertisin!!: A sign which directs attention to a business, commodity, service, or entertain-
ment conducted, sold, or offered elsewhere than upon the premises where such sign is located or to which it is
affixed. Also called billboard or off-premise sign.
Si!!D. Portable: Any sign not pennanently attached to the ground or other pennanent structure, or a sign
designed to be transported, including, but not limited to, signs designed to be transported by means of wheels;
signs converted to A or T-frames; menu or sandwich board signs; balloons used as signs; umbrellas used for
advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, un-
less said vehicle is used in nonnal day-to-day operations of the business.
Si!!D. TemDorarv: An on-premise advertising device not fixed to a pennanent foundation, for the purpose of
conveying infonnation, knowledge, or ideas to the public about a subject related to the activities on the prem-
ises upon which it is located.
Si~DS. TYVes of: The graphic below depicts the primary types of signs. Regulations for the type of signs per-
mitted will vary by zoning district.
Svecial Exception: The authorization of a use that is designated as such by this ordinance as being pennit-
ted in the district concerned if it meets special conditions, is found to be appropriate and upon application, is
specifically authorized by the BZA.
Stora!!e. Outdoor: The outdoor accumulation of goods, junk, motor vehicles, equipment, products, or materi-
als for pennanent or temporary holding.
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.
Any portion of a story exceeding fourteen (14) feet in height shall be considered as an additional story for each
fourteen (14) feet or fraction thereof.
Article fourteen: Definitions
t4-23
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Street: Any vehicular right-of-way that:
Is an existing state, county, or municipal roadway,
is shown upon a plat approved pursuant to law,
is approved by other official action, or
is shown on a plat duly filed and recorded in the office of the county recording officer prior to the appoint-
ment of a planning board and the grant to such board to review plats; includes the land between the street
lines, whether improved or unimproved.
Street. Local: A street designed primarily to provide access to abutting properties and discourage through
traffic, as depicted by the Thoroughfare Plan within the Comprehensive Plan.
Street. Primarv Arterial: A street with access control, restricted parking, and that collects and distributes
traffic to and from secondary arterials, as depicted by the Thoroughfare Plan within the Comprehensive Plan.
Street. Private: Vehicular streets and driveways, paved or unpaved, which are wholly within private prop-
erty except where they intersect with other streets within public rights-of-way and that are maintained by the
owner(s).
Street. Public: All property dedicated or intended for public highway, freeway, or roadway purpose or subject
to public easements therefore.
Structural Alterations: Any change in the supporting members of a building or structure such as bearing
walls, partitions, columns, beams or girders, or any change in the footprint or increase in the size of living
space. Also, substantial roofing and siding work when repairs are made to the structure beneath.
Structure: Anything constructed or erected which requires location on the ground or attachment to some-
thing having a location on the ground, including but not limited to buildings, sheds, detached garages, mobile
homes, manufactured homes, above-ground storage tanks, free-standing signs and other similar items.
Structure Hei~ht: The vertical distance measured from the lot ground level to the highest point of the roof.
Accessory Structures
chimneys are
exempt
Flat Roof Structures Gable Roof Structures
(from highest (from highest gable roof)
section of "at roof)
Subdivision: The division of a parent tract or other piece of land into at least two (2) smaller lots or the com-
bination of two or more smaller lots into one lot so that, either now or in the future, the subdivider can, transfer
ownership, construct buildings or establish a use other than vacant, or create new building sites for leasehold,
and as further defined in the Jeffersonville Subdivision Control Ordinance.
Secondarv Plat: See Plat, Secondary.
14-24
Jeffersonville Zoning Ordinance
~ \I
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Swimminl:" Pool: A self-contained body of water at least eighteen (18) inches deep and eight (8) feet in diam-
eter or width and used for recreational purposes. It may be above or below ground level, and shall be consid-
ered an accessory structure/use.
Telecommunications Facilitv: A site that houses a telecommunications tower, support structure, antennas,
accessory structures and/or associated radio or cellular communications equipment.
Telecommunications Tower: A monopole or lattice structure situated on a site used to support antennas and
radio or cellular communications equipment.
Temporarv Improvement Location Permit: A permit issued under the Zoning Ordinance pennitting a tem-
porary use or structure not to exceed two (2) months. One (1) extension of two (2) months may be authorized
by the Planning Director for reason/cause.
Temporarv Use/Structure: A land use or structure established for a limited and fixed period of no more than
four (4) months with the intent to discontinue such use or structure upon the expiration of the time period.
Theater: A facility for audio and visual productions and performing arts, excluding adult motion picture the-
aters and adult entertainment businesses.
Thorou~hfare Plan: The official plan, now and hereafter adopted, which includes a street plan, sets forth the
location, alignment, dimensions, identification, and classification of existing and proposed streets, and other
thoroughfares, as found in the Jeffersonville Comprehensive Plan.
Tower: See Telecommunications Tower.
Two-Pa~e Layout: Two-Page Layout refers to the two-page layout accompanying each zoning district in ar-
ticles three (3) and four (4) of this Ordinance. The two-page layout includes permitted uses, special exception
uses, and basic zone district information. Below is an example from Article 3.
"R3"Oistrict
"R3"District
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Use: The purposes for which land, building, or structure thereon is designed, arranged, or intended, or for
which it is occupied, maintained, let, or leased.
Variance. Use: The approval of a use other than that prescribed by the zoning ordinance, an act granted by
I.C.36-7-4-918.3.
Variance. Development Standards: A specific approval granted by the Board of Zoning Appeals in the man-
ner prescribed by this Ordinance, to deviate from the development standards (such as height, bulk, area) that
the Ordinance otherwise prescribes.
Article fourteen: Definitions
14-25
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Variety Store: A retail establishment that sells a multitude of consumer goods.
Vehicle: See Motor Vehicle.
Yard: A space on the same lot with a principal building that is open and unobstructed except as otherwise
authorized by this ordinance. All required yards shall be kept free of all material including but not limited to,
buildings, structures, material for sale, storage, advertising or display to attract attention and parking lots.
Zonin~ District: See District.
Zonin~ Map: See Official Zoning Map.
14-26
Jeffersonville Zoning Ordinance