HomeMy WebLinkAbout1996-OR-82AN ORDINANCE REGULATING DISTANCE BETWEEN PREMISES
USED FOR CERTAIN CHARITABLE PURPOSES
WHEREAS, on the ~' day of October 1996, the Jeffersonville Plan
Commission ("Plan Commission") recommended the adoption of an ordinance
an~nding the Zoning code of the City of Jeffersonville ("the City") relating to the
distance between buildings used for certain charitable purposes; and
WHEREAS, the Common Council of the City of Jeffersonville ("the Council")
agrees that said ordinance should be adopted in accordance with the recommendation
of the Plan Commission; and
WHEREAS, the purpose of this ordinance is to prohibit certain charitable
activities from concentrating in any one area within the City thereby having a potentially
deleterious effect upon adjacent property values; ..
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Jeffersonville, Indiana, as follows:
The text of the Jeffersonville Zoning Ordinance, being Title XV of the Jeffersonville
Code of Ordinances, is hereby amended to regulate premises used for certain
charitable purposes as follews:
SECTION I
Some charitable uses, because of their nature, may have a deleterious effect upon
property values in adjacent areas. This classification of charitable uses includes the
following:
(a)
(b)
(c)
(d)
Homeless shelters;
Community kitchens;
Youth shelters;
Shelters for abused spouses.
SECTION II
The classification of charitable uses specified in paragraphs a through d in the
preceding section shall be regulated so that, absent a variance or waiver from the City
of Jeffersonville Board of Zoning Appeals it shall be unlawful to operate said charitable
3.
'uses within 2500 feet of any other such charitable use.
SECTION III
The restrictions contained in this ordinance shall be effective as to any of the charitable
use§ §pecified in paragraphs a through d in Section I, above, that were not in existence
and operating at their current location prior to July 1, 1996.
SECTION IV
Penalties. Whoever violates this ordinance, or any provision of this ordinance, shall
be fined minimum of Twenty-five Dollars(S25.00) up to a maximum of Twenty-five
Hundred Dollars ($2,500.00), plus court costs, for each violation; In any event the fine
shall be equal to or exceed all necessary costs incurred by the City in any action taken
to enforce the provisions of this ordinance, up to maximum fine(s) allowed under this
ordinance, as stated above.
Separate Violation. A separate violation shall be deemed committed each instance
the provisions of the ordinance are not adhered to and on each day a violation'
continues.
Other Remedies. In addition to requesting that a fine be levied under this ordinance
the City Attorney may institute an action for mandate or injunction in the Circuit or
Superior Courts of the County to require the abatement of any activity which is
conducted in violation of this ordinance or to restrain any person or entity from
conducting any activity which has or will result in the violation of the provisions of this
ordinance.
Effective date. This ordinance shall become effective immediately after its passage,
approval and publication as required by law.
Precedence Over Other Ordinances. In the event that the terms of this ordinance
conflict with any ordinance previously enacted by the City of Jeffersonville, Indiana, the
terms of this ordinance shall have precedence and shall supersede any inconsistent
terms or provisions of other ordinances.
Each Section Adopted Separately. Each section of this ordinance is adopted
separately. In the event that any part or section of this ordinance is deemed to be
illegal or invalid only that part or section shall be repealed. The remaining parts or
'sections of the ordinance shall remain in effect.
Passed and adopted by the Common Council of the City of J~ffersonville, Clark
County, State of Indiana, on this /-/- day of ,~ ~/. ,199 ~.
Presiding Officer
ATTEST:
C. l~ichard SpencerS, Jr. ~//' '
Clerk and Treasurer
Presented by ~m~ as Clerk and, Tj;easurer to th~Mayor of said City of
Jeffersonville this~ day of ,.,4/~', ,199 ~.
C. Richard Spencer j Jr. C/
Clerk and Treasurer
199~.This Ordinance approved and signed by me this ~ day of ,
H:\ORDINANC~CHARITAB.US E
STATE OF INDIANA
BEFORE THE JEFFERSONVILLE PLAN COMMISSION
CERTIFICATION OF FAVORABLE/UNFAVORABLE/NO RECOMMENDATION
OFPROPOSED ORDINANCE
Whereas the Common Council of the City of Jeffersonville referred to the Plan
Commission for its consideration and recommendation the attached proposed
Ordinance marked as "Exhibit A" to amend the zoning ordinance; and
Whereas, after proper notice by publication, the Jeffersonville Plan Commission
held a public hearing on the proposed ordinance on 9(/42 -'~.~-"~. ~C~ ~,~--
and,
Whereas, at the conclusion of the hearing the Jeffersonville Plan Commission
voted by a majority vote of its entire membership to favorably/unfavorably/not
recommend the proposed ordinance to the Jeffersonville Common Council.
IT IS THEREFORE CERTIFIED~Lhat on /'~,O/~&~-~__, ~-'~/'; ,'/~', the
Jeffersonville Plan Commission~_~vor~nfavorablyidid ~ot recommen~l(ed) {h~t the
Jeffersonville Common Council enac~'Et-~y ordinance the proposed amendment to the
"zoning ordinance attached hereto as "Exhibit A" as referred by the Common Council.
So certified this 2¢ dayof (r'~:,~r'Oz~'~r~__~ ~//
C;~GELSENA~ZONING'~MENDMEN CER
NOTICE OF INTENT TO CONSIDER PROPOSED ZONING AMENDMENT
Notice is hereby given that on November 4, 1996 at 7:00 p.m., in the Multi-
Purpose Hearing Room on the Third Floor of the City-County Building at 501 East Court
Avenue, Jeffersonville, Indiana, the Common Council of the City of Jeffersonville.
Indiana, intends tc consider two ordinances, which, if adopted, would Amend the zoning
ordinance applicable to the entire City of Jeffersonville and its two-mile zoning fringe.
The following are summaries of the Amendments:
(1) Changes to the definitions of "Dwelling" and "Dwelling Unit", to require two or
more rooms and bathroom facilities.
(2) Regulation of the distance between premises used for certain charitable
purposes.
The Plan Commission favorably recommended that the Jeffersonville Common
Council enact by ordinance these proposed Amendments to the Zoning Ordinance. All
interested persons are invited to attend and be heard regarding these matters. This
Common Council meeting may be continued from time to time as found necessary. The
Common Council may take official action at the conclusion of debate at this meeting.
Such notice given and posted this 31st day of October, 1996.
Jeffersonville Clerk-Treasurer
C;/G ELSENA'~ONING~IEN D.NOT