HomeMy WebLinkAbout2016-OR-5 MORITORIUM FOR REZONINGBEFORE THE COMMON COUNCIL FOR CITY OF JEFFERSONVILLE
STATE OF INDIANA
ORDINANCE NO. 2016 -OR- -�D
AN ORDINANCE IMPOSING AN IMMEDIATE, TEMPORARY MORATORIUM ON NEW AND
EXPANDING AUTO RELATED BUSINESSES PENDING COMPLETION OF A ZONING
ORDINANCE UPDATE TO ALIGN WITH THE RECENTLY ADOPTED JEFFERSONVILLE
COMPREHENSIVE PLAN UPDATE (2015 -OR -58).
WHEREAS, the Common Council for the City of Jeffersonville ("Council") is the
legislative body for the City of Jeffersonville ("City"); and
WHEREAS, the Director of Planning and Zoning has recommended said moratorium; and
WHEREAS, the Council has considered the recommendation of the Director of Planning
and Zoning to impose a moratorium on new and expanding auto related uses; and
WHEREAS, the Council has the statutory authority to adopt ordinances to protect the
health, safety, welfare, aesthetic appearance and orderly development of the community as set
forth in Indiana Code subsection 36-1-3 (Article 1. General Provisions - Chapter 3. Home Rule);
and
WHEREAS, the Council has the statutory authority to adopt ordinances promoting the
public health, safety, comfort, morals, convenience, and general welfare of the community as
set forth in Indiana Code subsection 36-7-4-601(b) (Article 7. Planning and Development -
Chapter 4. Local Planning and Zoning); and
WHEREAS, the Council has previously adopted the Jeffersonville Comprehensive Plan
Ordinance before adopting a zoning ordinance in accordance with Indiana Code subsection
36-7-4-601(a) (Article 7. Planning and Development - Chapter 4. Local Planning and Zoning);
and
WHEREAS, the Council has previously adopted a zoning ordinance regulating auto
related uses in all zoning districts; and
WHEREAS, auto related uses would be defined as any use of land relating to:
auto body repair shop,-
auto
hop;auto body shop, enclosed;
auto auction;
auto detailing and cleaning;
auto impound facility;
auto lease;
auto part sales, new;
auto parts/supply retail and wholesale;
auto parts store;
auto rental (moving and travel);
auto repair, major (enclosed);
auto repair shop;
auto sales (open air, limited mechanical services, or body shop);
auto sales (open air, no services);
auto sales (with showroom, open air, full service mechanical with or without body shop);
auto service (tire or muffler shop);
auto service station;
auto reduction, salvage, or recycling yard,-
automobile/truck
ard;automobile/truck storage, outdoors;
auto systems installation (window tinting, audio and other electronic systems);
auto wash, automatic and self;
auto wrecking or grave yard;
commercial truck sales;
commercial truck storage, outdoors;
convenience store, with gas pumps;
filling/gas station,-
terminal,
tation;terminal, bus;
terminal, commercial or institutional fleet;
tire sales;
oil change service, enclosed,-
recreational
nclosed;recreational vehicle sales (motor home sales);
truck stop; and
WHEREAS, auto related uses are being expanded and new auto related uses are
locating throughout the City which may not be consistent with the City's Comprehensive Plan
(2015 -OR -58) and may hinder the growth or orderly development of the City or neighborhood in
which they are located; and
WHEREAS, auto related uses are being expanded and new auto related uses are
locating throughout the 10th Street Corridor which are not consistent with the City's
Comprehensive Plan (2015 -OR -58) as set forth in Chapter 3: Land Use which designates the
10th Street Corridor as a Traditional Marketplace (from 1-65 to just north of Renfroe Way)
Planning District which should develop with the following:
(A) wide sidewalks, street furniture and shade trees to contribute to a pedestrian friendly
environment that invites shoppers to make multiple shopping stops without moving their
vehicle; and
(B) easy access by pedestrians, transit and bicycle users; and
(C) appropriate land use standards that contain a mixture of uses and distinguish uses
that are appropriate for location at nodes or within the balance of the corridor; and
(D) create a vibrant marketplace corridor;
and a Regional Marketplace Center (from just south of Childplace Drive to 1-265) Planning
District which should develop with the following:
(A) centralized, mixed-use shopping districts/activity centers designed to meet regional
consumer needs; and
(B) containing a mixture of high intensity uses including regional shopping, office,
services, entertainment facilities and medium to highly dense residential uses; and
(C) discourage a linear pattern of abutting but separately accessed lots; and
WHEREAS, auto related uses are being expanded and new auto related uses are
locating throughout the 10th Street Corridor which are not consistent with the City's
Comprehensive Plan (2015 -OR -58) as set forth in Chapter 7: Special Focus Areas for Economic
Development's strategy to attract new businesses that make the 10th Street Corridor a
destination with a focus on shopping, sit-down dining and offices;
WHEREAS, the Council maintains that the City of Jeffersonville is adequately served by
a number of auto related uses throughout the City; and
WHEREAS, the Council is currently engaged in a comprehensive review of zoning
standards and regulations pertaining to auto related uses in conjunction with appropriate land
use standards, traffic safety, easy access by pedestrians, transit and bicycle users, and
abatement of separately accessed lots within the City including major thoroughfares, entryways
into the City, and zoning districts within the City; and
WHEREAS, the Council finds and determines that current City ordinances and
regulations do not adequately address auto related uses as a result of the adoption of the
updated Jeffersonville Comprehensive Plan (2015 -OR -58); and
WHEREAS, the Council finds that an immediate moratorium is necessary and
appropriate within all zoning districts of the City to preserve the status quo and prevent
significant investment and establishment of uses and structures which would be inconsistent
with the recently adopted Jeffersonville Comprehensive Plan (2015 -OR -58) pending the
development of a comprehensive zoning ordinance; and
WHEREAS, the Council finds that an immediate, temporary moratorium does not deny
all reasonable use of a landowner's property; and
WHEREAS, the Council finds that an immediate, temporary moratorium can be
characterized as a normal delay incidental to the normal zoning process enacted in support of a
proposed zoning plan or zoning change; and
WHEREAS, the Council finds and determines that such a moratorium shall not apply to
applications for the normal repair, maintenance, and mandated safety improvements of existing
buildings and site improvements which are utilized for the purpose of an auto related use that
have vested prior to the effective date of this ordinance, permit applications to conduct repair
and maintenance of existing auto related uses, and permit applications to implement mandated
safety improvements to comply with City codes and zoning regulation regarding property
maintenance and building codes or as mandated by state or federal regulations; and
WHEREAS, the Council authorizes and directs the Director of Planning and Zoning to
review existing codes and zoning regulations, further study the effects resulting from the
location of new and expansion of existing auto related uses within the boundaries of the City,
prepare comprehensive proposed amendments to the City codes and zoning regulations to
address the effects of such uses, to confer with community members and the appropriate City
commissions and boards, and to present recommended legislation addressing such issues to
the Council for consideration and action; and
WHEREAS, such a moratorium shall be for the term of six (6) months which may at any
time hereafter be (a) modified by the Council in accordance with applicable law; (b) extended for
additional term(s) of six months upon action by the Council; (c) terminated by the Council upon
adoption of appropriate zoning and regulatory codes, or (d) terminated by the Council for any
reason deemed necessary or appropriate, now, therefore.-
BE
herefore:
BE IT ORDAINED BY THE COMMON COUNCIL FOR THE CITY OF
JEFFERSONVILLE:
Section 1. Recitals Adopted as Findings. The "Whereas" recitals above are hereby
adopted as the Council's findings of fact as fully set herein.
Section 2. Moratorium Adopted. Except as permitted in the exemptions set forth in
Section 5 below, a moratorium is hereby adopted on the receipt of applications, permits, and
expansion of (a) any new auto related use, within all zoning districts
of the City, and (b) the expansion of any existing auto related business within all zoning districts
of the City.
Section 3. Definitions. For purposes of this moratorium, the following uses are
considered auto related uses and part of the moratorium:
auto body repair shop;
auto body shop, enclosed;
auto auction,-
auto
uction;auto detailing and cleaning,-
auto
leaning;auto impound facility;
auto lease;
auto part sales, new;
auto parts/supply retail and wholesale;
auto parts store;
auto rental (moving and travel);
auto repair, major (enclosed);
auto repair shop;
auto sales (open air, limited mechanical services, or body shop);
auto sales (open air, no services);
auto sales (with showroom, open air, full service mechanical with or without body shop);
auto service (tire or muffler shop);
auto service station;
auto reduction, salvage, or recycling yard;
automobile/truck storage, outdoors;
auto systems installation (window tinting, audio and other electronic systems);
auto wash, automatic and self;
auto wrecking or grave yard;
commercial truck sales,-
commercial
ales;commercial truck storage, outdoors;
convenience store, with gas pumps;
filling/gas station,-
terminal,
tation;terminal, bus;
terminal, commercial or institutional fleet;
tire sales,-
oil
ales;oil change service, enclosed;
recreational vehicle sales (motor home sales),-
truck
ales);truck stop; and
Section 4. Applications. This moratorium shall apply, without limitation, to
comprehensive land use plan amendments, requests for rezoning, subdivisions, variances,
conditional use permits, site plan review applications and building permits for the construction or
operation of all auto related uses.
Section 5. Exemptions - Vested Rights - Repair, Maintenance, and Mandated
Safety Improvements; Ancillary Uses. The moratorium shall not apply to applications (a) for
the normal repair, maintenance, and mandated safety improvements of existing buildings and
site improvements which are utilized for the purpose of an auto related use that have vested
prior to the effective date of this ordinance, permit applications to conduct repair and
maintenance of existing auto related uses, and mandated safety improvements to comply with
City codes and zoning regulation regarding property maintenance and building codes, or (b) for
auto related uses that are part of an overall development plan provided such auto related uses
are ancillary to the primary uses of such development.
Section 6. Effective Period of Moratorium. The moratorium adopted by this
ordinance shall become effective immediately upon passage and approval of this
ordinance, and shall remain in effect for six (6) months, subject to adopting of findings and
conclusions. This moratorium shall also terminate upon the adoption of permanent
regulations regarding auto related uses. Notwithstanding the above, this moratorium may
be extended by the Council.
Section 7. Directive to Director of Planning and Zoning. The Council hereby
authorizes the Director of Planning and Zoning to review existing codes and zoning regulations;
further study the effects resulting from the location of new and expansion of existing auto related
uses within the boundaries of the City; to prepare comprehensive proposed amendments to the
City codes and zoning regulations to address the effects of such uses; to confer with community
members and the appropriate City commissions and boards as appropriate, and to present
recommended legislation addressing such issues to the Council for consideration and action.
Section 8. Severability. If any section, sentence, clause or phrase of this ordinance
should be held invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase of this ordinance.
This Ordinance shall be in full force and effect from and after its passage by the Common
Council and approval by the Mayor.
VOTED FOR:
Passed and adopted by
on this I day of
AT ST:
A 44
Vicki Conlin, Clerk
Common Council of the City of Jeffersonville, Clark County, Indiana
� 2016.
LAO�
Matt wen, President
Presented by me as Clerk to the Mayor of City of Jeffersonville this a day of
2016.
Vicki Conlin, Clerk
aolb -
This Ordinance approved and signed by me this LAay of"L) 16.
Mike Modre, Mayor