Loading...
HomeMy WebLinkAbout09) Title 15 Land UsageTn',.E XV: LAND USAGE Chapter 150. BUILDIN(3 CODE 151. FLOOD PIJ%~ MANAG~W:NT 15:~. ~TO~C D~CT 1~3. HO~G CODE; SL~ CL~CE I~. ~~ HO~G 18~. S~D~ION CO~'l'hOL ~O~ ~P~ C~ ~ ~"r~ DET~ 1~6. ZO~G OODE 2 Je~emonv~e - I~.ud Usa. ge CHAP'£~ 180: BUILDING CODE Section 150,001 150.002 150.003 150.004 150,005 150.006 150,007 150.008 150,009 150.010 150.011 150.012 150,013 150.014 150.015 150.016 t50.017 150.018 150.019 Title Purpose Authority to enforce; scope of chapter Adoption of building rules, codes, and standards by reference Temporary buildings or uses; exceptions Tents to comply Police Department to assist the Building Commission Fire Department to assist the Building Commission Storm water and subsoil drainage systems Construction work and building material in public right-of-way Interceptor required Change of use or occupancy Buildings to be maintained in safe and sanitary condition Authority to take emergency action Disconnection of unsafe electrical service by Public Service Indiana Electrical connections by heating and air-conditioning contractors and plumbers Sealing vacant buildings and structures Unsafe buildings and structures Wood shingles 150,025 150.026 150.027 150,028 150.029 150.030 150.031 150,032 150.033 Application for permit Building and mechanical penuits required Permit to be obtained prior to commencing work Penrdt to be posted on site Changes not be made in plans after permit is issued Nonconform/ty to law discovered after permits issued or plans approved Expiration of permit Revocation of permit Work to conform to other ordinances 150.045 Fees to be paid to City Clerk-Treasurer 150.046 Building permit fees 150.047 Sign permit fees 150.048 Electrical permit fees 150,049 Plumbing permit fees 3 4 Jef~'~o~e - L~.ncl Usage 150.050 Fees for fuel storage tanks and gasoline dispensers 150.051 Fees for refrigeration machinery 150.052 Heating fees 150.053 Air-condition/rig fees 150.054 Re/nspection fees 150.055 Fees doubled when permit not obtained 150.056 Duration of advertising sign permits; payment of fees 150.065 150.066 150.067 150.068 150.069 150.070 150.071 150.072 150.073 150.074 150.075 150.076 150.077 Review of application Inspections Commissioner's right to enter premises Stop work order Certificate of occupancy; improvement location permit Work to be workmanlike Liability Right of appeal Remedies Board of Mechanical Controls Electrical licenses Heating and air-conditioning licenses Registration of plumbing contractors Wmc/dn~' Bu//d/ng~ and Structures 150.085 Wrecking permit requ/red 150.086 Liability for property damage and bodily injury 150.087 Minimum standards for demolition Mo~nl7 B~ldi~7~ or Stn~c~ur~ 150.095 Approval and pe.rmit required for moving buildings and structures 150.096 Insurance and bonding requirements /t~nm-n Standards ~r ~r~er/or Ma/ntenanc~e 150.105 Exterior maintenance standards 150.106 Remedies 150.107 Right to appeal 150.108 Notice of violation; failure to comply 150.120 Establishment; terms and conditions 150.998 Violations 150.999 Penalty Bu~rmo C, od~ GE~:mAL PROV~NIONS 5 § 180.001 'rrr,.E. This chapter, and all ordinances supplemental or amendatory hereto, shall be known as the Building Code Chapter of the City Code of Ordinances, may be cited as such, and will be referred to herein as "this chapter." (Ord. 87-OR-55, passed 7-7-87) § 150.002 PURPOSE. The purpose of this chapter is to provide minimum standards for the protection of life, limb, health, environment, and public safety and welfare, and for the conservation cf energy in the design and construction of buildings and structures. (Ord. 87-OR-53, passed 7-7-87) 150.003 AUTHORITY TO ENFORCE; SCOPE OF CHAPT~ (A) Authority to enforce chapter. The City Building Commissioner and his duly-authorized representatives are hereby authorized and directed to administer and enforce all of the provisions of this code. Whenever in this code ff is provided that anything must be done to the approval of or subject to the direction of the Commissioner, his duly-authorized representatives or any other officer of the Building Commission, this shall be construed to give such person only the discretion cf determining whether the rules and standards established by this chapter have been complied with, and no such provision shall be construed as giving any officer discretionary powers as to what such regulations, codes, or standards shall be, or power to require condi!ions not prescribed by ordinances or to enforce ordinance provisions in an arbitrary or discriminatory manner. (B) Scope of chapter. The provisions of this code apply to the constrt!ction, alteration, repair, use, occupancy, maintenance, demolition, moving, and addition to all buildings and structures, including fences, in the city. (Ord. 87-OR-53, passed 7-7-87) § 150.004 ADOPTION OF BUII~DING RULES, CODES, AND STANDARDS BY R~'~CE. (A) Building rules of the State Fire Prevention and Building Safety Commission as set out in the following Articles of Title 675 of the Indiana Administrative Code are hereby incorporated by reference in this chapter and shall include later amendments to those Articles as the same are published in the Indiana Register or the Indiana Administrative Code with effective dates as fbced therein: (1) Article 13 - Building Codes. (a) Fire and Building Safety Standards (675 lAC 13-1). (b) Indiana Building Code (675 lAC 13-2). (c) Indiana Building Code Standards (675 IAC 13-3). 6 ]'efferso~ - Land Usage (d) Indiana Handicapped Accessibility Code (675 lAC 13-4) (2) Article 14 - One and Two Family Dwelling Codes. (a) Council of American Building Officials One and Two Family Dwelling Code (675 IAC 14-1). (b) CABO One and Two Yarrdly Dwelling Code; Amendments (675 lAC 14-2.1). (e) Standard for Permanent Installation of Manufactured Homes (675 IAC 14-3). (3) Article 16 - Plumbing Codes. (a) Indiana Plumbing Code (675 lAC 16-1). (4) Article 17 - Electrical Codes. (a) Indiana Electrical Code (675 lAC 17-1.1). (b) Safety Code for Health Care Facilities (675 lAC 17-2). (5) Article 18 - Mechanical Codes. (a) Indiana Mechanical Code (675 lAC 18-1). (6) Article 19 - Energy Conservation Codes. (a) Indiana Energy Conservation Code (675 lAC 19-1). (b) Modifications to the Model Energy Code (675 lAC 19-2). (7) Article 20 - Swimming Pool Codes. (a) Indiana Swimming Pool Code (675 lAC 20-1). (B) Copies of adopted building rules, codes, and standards are on f~e in the office of the Building Commission. (Ord. 87-OR-53, passed 7-7-87) § 150.005 'I'I:;IVlPORARY BUILDINGS OR USES; EXCEP?IONS. (A) No temporary building or structure, trailer, mobile or manufactured home, or mobile or manufactured office or classroom unit shall be used for any purpose by any commercial, industrial, or institutional occupancy within the corporate limits of the city unless such building, structure, trailer, or mobile or manufactured home or unit is placed on a permanent foundation and plans and specifications for such construction and use are submitted to and approved by the State Building Commissioner. (B) The provisions of this section shall not apply in the following instances: Buff:ling Code 7 (1) Contractor trailers and sheds used in conjunction with construction or demolition work; (9.) Accessory buildings and structures with an area equal to or less than 120 square feet; and (3) The installation of a commercis] mobile unit bearing a state seal of compliance under Public Law 135, when the use of such unit is intended for a limited period of time not exceeding 12 months' duration and when such installation complies with the standards and requirements of the Zoning Code of the city. The Building Commissioner shall issue a building permit for the installation of a commercial mobile unit. This permit shall indicate the period of time the commercial mobile unit shall be used, which shall not exceed 12 months. Upon the expiration of the time limit specified in the permit, the commercial mobile unit shall be completely removed from the premises or said permit renewed prior to expiration by the Board of Zoning Appeals. (Ord. 87-OR-53, passed 7-7-87) Penalty, see § 150.999 § 150.006 'r.~NTS TO COMPLY, Any tent or air-supported structure erected within the corporate limits of the city and intended to be used by the public shall comply with the provisions of the Indiana Fire Prevention Code. (Ord. 87-OR-53, passed 7-7-87) Penalty, see § 150.999 § 180.007 POLIC~. DEPARTMENT TO ASSIST TI~ BUILDING COMMISSION. The City Police Department, upon request of the Building Commmsioner, shall assist in the enforcement of this chapter. The Building Commissioner or his duly-authorized representative may request the police to accompany them to any premises to help enforce the law and serve required notices. (Ord. 87-OR-53, passed 7-7-87) § 150.008 ~ DEPARTMENT TO ASSIST THE BUILDIN~ COMMISSION. The City Fire Department shall cooperate with and provide assistance to the Building Commismoner in determining the compliance of new buildings and structures under construction with the frae safety siandard requirements of thi~ chapter. (Ord. 87-OR-53, passed 7-7-87) § 150.009 STORM WAT.~ AND SUBSOIL DRAINAGE When storm water and subsoil drainage systems are installed, they shall be discharged into an approved sump or recexving tank and shall be discharged at an approved location, but shall not be discharged into a sanitary sewer. (Ord. 87-OR-53, passed 7-7-87) Penalty, see § 150.999 For further provisions regarding drainage assistance please see § 150.120 8 Jeffemonville - ;.and Usage § 150.010 CONSTRUCTION WORK AND BUII~ING MA'£~dAL IN PUBLIC RIG~IT-OF-WKIr. No construction work, demolition work, or storage of building materials shall occur within the public right-of-way adjacent to the construction or demolition site without the prior approval of the Board of Public Works and Safety. Whenever authority is granted to use the public right-of-way, the Board shall require appropriate safety measures to protect the public, as set forth in Chapter 44 of the Indiana Building Code as adopted by reference in § 180.004. (Ord. 87-OR-53, passed 7-7-87) Penalty, see § 150.999 § 150.011 ll~'r~ca~r.~R P, EQUIRED. An interceptor shall be required to be installed in occupancies where grease, oil, sand, solids, flammable wastes, acid, or alkaline substances, or other ingredients may be introduced into the drainage or sewage system in quantities that can effect line stoppage or hinder sewage treatment. Such occupancies include, but are not limited to restaurants, cafes, lunch counters, cafeterias, bars and clubs; hotel, hospital, nursing home, factory, or school kitchens; slaughterhouses; soap factories; and packing, fat-rendering, hide-curing, and vehicle-washing establishments. Interceptors shall be installed in compliance with the provisions of the Indiana Plumbing Code. (Ord. 87-OR-53, passed 7-7-87) Penalty, see § t50.999 § 150.012 CHANGE OF USE OR OCCUPANCY. No change shall be made in the use or character of occupancy of any building which would place the building in a d/fferent class or group of occupancy and use, unless such building is made to conform with this chapter for the proposed revised use of the building. (Ord. 87-OR-53, passed 7-7-87) Penalty, see § 150.999 § 150.013 BD"~DINGS TO BE MAINTAll~r.~ IN SAFE AND SANITARY CONDITION. All buildings and structures, and their electrical, plumbing, heating, and air conditioning systems, both existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition. Ail devices, safeguards, and systems shall be maintained in conformance with the provisions of the Building Code in effect when installed. The owner or his authorized agent shall be responsible for the maintenance of buildings and structures. To determine compliance with this section, the Building Commissioner or his authorized representative may cause any building or strncture to be reinspected. (Ord. 87-OR-53, passed 7-7-87) Penalty, see § 150.99 § 180.014 AUTHORITY TO TAKE EMERur.~CYACTION. The Building Commissioner and his duly-authorized representative have the authority to take necessary emergency action concerning any unsafe premise within the corporate limits of the city. Such action may include but not be limited to the vacating of an unsafe building or the disconnection of any electrical service or natural gas service to any premises upon detenuination that such immediate action Building Code 9 is necessary for safety to persons or proper~y. Such emergency action taken shall be limited to removing any immediate danger. (Ord. 87-OR-53, passed 7-7-87) § 150.015 DISCONNECTION OF UNSA~ ]~BCTF/CAL Sk;KVICB ~ PUBLIC SERVICE INDIANA. In the event Public Service In~na removes an electrical meter or disconnects the service drop to a building or structure because the electrical system of said building or structure is unsafe and hazardous, the electrical system of said building or structure shall not be placed back in service unless such system is inspected by an electrical contractor licensed under the provisions of this chapter, and unless the system is upgraded as necessary to bring such sysiem into compliance with the provisions of the Indiana Electrical Code. (Ord. 87-OR-53, passed 7-?-87) Penalty, see § 150.999 § 150.015 I~LECTRICAL CONNECTIONS BYHEATIN(J AND A1R.CONDITIONINa CON'rhACTOI~S AND PLUMBERS. Any licensed heating and air-conditioning contractor or person in his employ or any registered plumbing contractor or journeyman plumber may make the necessary electrical connections as may be required for the satisfactory performance of either a new or replacement heating or air-conditioning system or a hot water heater, provided the rating of circuit conductors are not exceeded and the electrical connection meets the requirements of the Indiana Electrical Code. However, such persons shall not be permitted to install service equipment, branch circuits, over current devices, or resistance electric heat. (Ord. 87-OR-53, passed 7-7-87) Penalty, see § 150.999 § 150.01'/ SEAI/NG VACANT BUILDINC, S AND STRU(~TUI~$. The sealing and securing of any vacant building or structure, including any work performed subject to an order issued under this chapter, or any work performed by an owner on his own initiative, shall be required to be accomplished pursuant to the following uniform standard: (A) Double-headed nails shall be utilized to fasten 1/2-inch exterior grade plywood to all exterior openings of every floor. The plywood Shall be cut and installed to precisely fit each opening so as to present a neat, workmanlike appearance. (B) Prior to the sealing and securing of any vacant building or structure, the building or structure shall be cleared of all human inhabitants. (C) Any building or structure that has been sealed and secured shall be repaired and rehabilitated as required to bring said building or structure into compliance with this chapter prior to said building or structure being again occupied or used. (Ord. 87-OR-53, passed 7-7-87) Penalty, see § 150.999 10 Je/Sm~onvms - Land Us~;e § 150.015 UNSAFE BUILDINGS AND STRUCTURe. The regulation and abatement of unsafe buildings and structures shall be in accordance with Ord. 84-OR-18, a copy of which is on file in the office of the City Clerk-Treasurer for public inspection during normal business hours. (Ord: 87-OR-53, passed 7-7-87) § 150.019 WOOD SHIN~'%ES. Wood shingles shall not be used in the roofing of new structures, the re-roofing of structures, or in any other manner unless said wood shingles have been "fire retardant" and proof of said treatment is provided in writing from the manufacturer of the wood shingles to the Building Commissionen Prior to the use of any such wood shingles, such proof must be provided to the Building Commissioner and he must issue a permit specifically allowing the use of these items. (Ord. 93-OR-19, passed 3-15-93) § 150.025 APPLICATION FOR PERMI?. (A) The Building Commissioner or his duly authorized representative shall require as a part of the application for a permit the subrnission of a proposed plat; showing location of lot boundaries, street location, sidewalks, driveways, existing structures on existing properties, proposed new structures on newly developed sites and dimensions to property lines and/or existing structures. If located in flood plain area the map number and zone, along with the proposed lowest finish floor elevation must be shown. Site plan or plat shall include lot number and street address (if assigned). (B) The owner, developer or engineer (licensed in Indiana) shall provide to the Building Commissioner's office a certified site plan prepared by an Indiana licensed land surveyor "as built plat" within ten days of the pouring of, or laying of foundation walls. In the case of a flood plain application, the proper federal forms shall.be returned within ten days noting the lowest floor level being installed. Failure to comply with this regulation will result in a "STOP WORK'' order being issued until compliance is met. (C) Further regulations required of the site plan or plat shall require elevation of top of curb (if applicable) and elevation of finish grade at the lowest part of the top of foundation wall. Minimum difference shall be 1'-0" or minimum fall of 6" per 10'-0" whichever is the most restrictive. (D) The above regulations shall apply for new construction, additions, sheds, outbuildings (such as garages, cerpons, decks) and installation of pools and fences so that all zoning regulations may be checked and verified for compliance. All plans and specffications for construction under the authority of the Department of Fire and Building Services must also be filed with the State Building Commissioner. No local permits shall be issued hereunder until a copy of a Design Release for construction from the State Building Commi~ioner and a copy of the plans and specifications approved and stamped by the State Building Comm~sioner are received by the Building Commission. (Ord. 87-OR-53, passed 7-7-87; Am. Ord. 91-OR-2, passed 1-19-91) Bufld/n~ ~:fe ' 11 All building permits and mechanical perraits are required to be obtained from the Building Commission prior to commencing work in the following instances: (A) Building permit. (1) All construction, alteration, remodeling, or repair of any building or structure, the cost of which exceeds $100; (2) Ail roofing and siding installations; (3) The demolition of any building or structure; (4) The moving of any building or structure; (5) The construction of a public or private swimming pool; and (6) The installation of a modular or manufactured home on a permanent foundation. (B) Electrical permit. (1) The installation, alteration, extension, or replacement of electrical wiring, panels, and devices within the service area of Public Service Indiana, including all new, temporary, or replacement electrical service provided by Public Service Indiana, new or replacement electric distribution panels, wiring for additional circuits, rewiring and circuit replacement, and wiring for appliances and equipment including signs; (2) The installation, alteration, extension, or replacement of all heating and air conditioning systems, equipment, apparatus, or devices; (3) The installation, alteration, extension, or replacement of all plumbing, piping, f'~xtures, appliances, and appurtenances in connection with sanitary drainage, liquid waste and sewerage systems, venting systems, and water supply systems; (4) The installation of all new or replacement water heaters, regardless of cost; and (5) The installation or replacement of tanks and dispenSing equipment for flammable and combustible liquids or gases. (6) Mechanical installation permits are not required in the following instances: (a) The installation or replacement of liquid petr°leum gas (LPG) st°rage facilities having a total capacity of not more than 4,000 gallons and no single tank having a capacity of more than 2,000 gallons measured as gallons of water; (b) The installation or replacement of storage tanks for Class I, II, IliA, or IIIB liquids, having a capacity of 660 gallons or less, that meet the requirements of Section 4-2 of National Fire Protection Association (NFPA) Standard 30 as incorporated by reference in 675 lAC 22-1; 12 Jeflersonwtlle - Land Usage (c) Installation of public utilities with respect to construction, maintenance, and development work performed in the exercise of their public function; (d) Installations of electrical equipment employed by a railway utility directly in the exercise of its functions as a public carrier and located outdoors or in buildings used exclusively for that purpose; (e) The installation of a portable heating appliance or of a portable air conditioning appliance; (f) Equipment used for radio transmission, whether erected on a building or on the ground. Such exception does not extend to equipment and wiring for power supply and the installation of radio towers and antennae and grounding means; (g) The maintenance or servicing of an existing electrical, heating, air-conditioning, fire- extinguishing, fire-alarm, or plumbing system or flammable and combustible liquid or gas tank and dispensing equipment for the purpose of maintaining it in safe operating condition in conformance with the provisions of this chapter; and (h) The drilling of welis and the installation of pumps, pressure tanks and piping incidental to a well system and the installation of water-softening equipment. (Ord. 87-OR-53, passed 7-7-87; Am. Ord. 91-OR-2, passed 1-19-91) Penalty, see § 150.999 § 150.027 PERMIT TO BE OBTAINED PRIOR TO COMMENCING WOP~ It shah be the duty of the property owner or Ids authorized agent to obtain all necessary permits before any work has been started, except that is cases where this chapter requires that work be performed by a licensed contractor, it shall be the responsibility of the licensed contractor to obtain all necessary permits prior to commencing work. (Ord. 87-OR-53, passed 7-7-87) Penalty, see § 150.999 § 150.028 P~IIT TO BE POST,-:,, ON SITE. A building perm/t card shall be required to be posted on the job site in a conspicuous place in full view of the public during the construction, alteration, remodeling or repair of a building or structure until said work shall be completed and finally inspected. A copy of the respective permit shall be required to be available on the job site pending inspection. (Ord. 87-OR-53, passed 7-7-87) Penalty, see § 150.999 § 150.0~9 CHANG'ES NOT TO BE I~D~. IN PLANS A~--n:a~ PI~,~IT IS ISSI~;u. No change shall be made in any plans, specifications, or construction after the plans and specifications have been released by the State Building Conuuk~ioner or a building permit or mechanical permit has been issued, unless such change is approved in writing by State Building COmmissioner or by the Department of Building Commission. (Ord. 87-OR-53, passed 7-7-87) Penalty, see § 150.999 § 180.030 NONCONFORMI'I~ TO LAW DISCOVERED A~'r~:~ PEI~MIT ISSUED OR PLANS APPROVED. (A) The issuance of a permit pursuant to the provisions of this chapter or the approval of plans, prints, or specifications, shall not be deemed to authorize any erection, construction, alteration, or repafr, or the performance of any work, in violation of any of the provisions of this chapter, nor shall such issuance or approval, be a guaranty, warrant, or assurance to any person that any such plans, print or set of specifications, are in conforn'dty to the provisions of this chapter and to all laws and ord/nances. Upon the discovery of any departure of any such plans, print, or specifications, from the requirements of this chapter, such departure shall be corrected immediately, and the erection, construction, repair, or work shall be trade to conform to the provisions of this chapter. (B) If no construction has begun above the foundation of a proposed building or structure within one year of the date of issue of the permit, the permit shall expire by limitation. (Ord. 87-OR-53, passed 7-7-87) § 180.031 EXPIP~ATION OF PERMIT. Every permit shall expire by limitation if active work shall not have been commenced within 60 day~ of the date of issue thereof. If the work authorized by such permit is suspended or abandoned at any time after work is commenced, for a period of 90 days, such work shall be recommenced only after the issuance of a new permit. (Ord. 87-OR-53, passed 7-7-87) Penahy, see § 150.999 § 180.032 REVOCATION OF PERMIT. The City Building Commissiener or his duly-authorised representative may revoke a permit i.[ it/s determined that the permit was issued in error or in violation of any rules of the state or provisions of this chapter, if the permit is based on incorrect or insufficient information, or if the person to whom the permit was issued ceases work and abandons the job prior to that job being completed and f'mally inspected. A written notice of revocation shall be served on the person who obtained the permit and the owner of the property either by delivery in person or certified mail. (Ord. 87-OR-53, passed 7-7-87) § 180.033 WORK TO CONFORM ?O ~ ORDINANCES. All work done under any permit issued hereunder shall be in full compliance with all other ordinances pertaining thereto, and in addition to the fees for permits hereinafter provided for, there shall be paid the fees prescribed in such ordinances. (Ord. 87-OR-53, passed 7-7-87) Penalty, see § 150.999 ]'eflersor, v~ - Land Usage § 150.045 r~,'S TO BE PAID ?O CI~ (A) All fees for permits required to be paid by any section in this chapter, or elsewhere in this code, shall be paid to the City Clerk-Treasurer when such permits are issued by him, with the approval thereof by the Building Corrum/ssioner. (B) The permit fee for all publicly-owned structures or structures owned and wholly occupied by religious or nonprofit Organizations shall be one-hal~ the fee as stated in any section of this chapter. (Ord. 87-OR-53, passed 7,7-87) § 150.046 BL~DIN~ PEP,,MIT l-',-.'~.'S. Fees for the issuance of the various permits prodded for by this code, and for various kinds of construction work and inspections shall be as follows: (A) Original construction permit fees. For each building permit covering the original construction of any building or structure, the fees shall be as follows: ( 1 ) Residential construction. For all residential construction the fee for permits shall be $.02-1/2 per square foot of l/ring area, including garage area if applicable. Porches, if not enclosed are excluded from square footage charge. Square footage shall be calculated by the extreme outside dimensions of the structure. Basements and attics shall be excluded from square footage charge if unfinished. (2) Commercial construction. For all commercial cons-truction the fee for permits shall be $.04 per square foot of floor area. (3) Detached garage. The fee to erect a detached residential garage or carport shall be $t5 per car space. (4) Utility building. The fee to erect a utility building up to 120 square feet shall be $10. The fee for utility buildings of 121 square feet and up shall be $15. Utility buildings of 120 square feet and over must be on a foundation. (5) Alterations, repairs, or additions. For each building permit covering alterations, repairs, or additions to any building or structure, the fee shall be $5 for each $1,000 or fraction thereof of the written estimated costs frOm the building contractor. In no event shall this fee be less than $15. (B) Moving structures. The fee for a permit to move any building of two stories or less on or over any street, alley, or public highway shall be $300. Intentions must be approved by the Board of Public Works and Safety before a moving permit may be issued by the Building COmmissioner. (I) The fee for a permit to move any structure upon a self-powered moving vehicle shall be $50. Intentions must be approved by the Board of Public Works and Safety before a moviug permit may be issued by the Building Commissioner. (2) The fee for a permit to move any ~d~,g ~o~ o~e loc~t~o~ to ~ot~e~ o~ ~ o~e lot s~ ~ $25. (C) Fo~dalion ~l. ~ foundation ~l for the new loc~tion sha~ ~ req~ed and ~hall ~ de~e~ by cost of work at the ~e of $10 ~r $1,000 of cos~ or ~ac~ion ther~fi (D) ~r~. The ~ f~ ~c ~k ~ sl~ct~e sha~ ~ $.01 ~r s~are foo~ of floor ares ~ fi~ for new s~c~. The ~ ~t f~ Io ~k any st~c~ure sha~ ~ $28. ~ ~ pe~ of $10 o~y ~ r~ for conde~ed s~ct~es. (E) Tents. The f~ to ~ ch~g~ for a ~t to erst a tent sh~ ~ $25. ~y ~t to erect to erect a tent ~ r~e p~or appro~ of the Bo~d of Public Wor~ ~d S~ety, the Co--stoner of Bufl~gs, ~d the C~ef of the F~e De,merit, ~d sh~ be ~sued for a ~od of not to exc~ 30 daw ~ ~y one ~er. (~ ~ues or sm°kestac~. The fee for a ~t for the erection or alte~tion of a steel or b~ck stack or flue sh~ be a flat rate of $25. (G) Fences. The permit fee for the erection of line fences shall be at the rate of $15 for the tn'st 100 lineal feet of such fence, or fraction thereof, and $5 for each additional 50 feet er fraction thereof. (H) Swimming pools. (1) Permits shall be required for all pools either in ground or above ground, public or private, as set forth Under 675 IAC 20. Pools with a depth of less than 3'-6", and not permanent, are not regulated by permits, or to be of permanent installation by definition. (2) Pools shall be in compliance with the current N.E.C. in addition to the above requirements. Fees for above ground pools shall be $30 and in the ground pools shall be $60. This fee is in addition to the minimum required electrical inspection fee of $15 as required by ordinance. (Ord. 67-OR-3, passed 2-6-67; Am. Ord. 70-OR-11, passed 7-6-70; Am. Ord: 87-OR-53, passed 7-7-87; Am. Ord. 89-O1{-12, passed 3-20-89; Ara. Ord. 91-OR-2, passed 1-19-91) § 150.047 SIGN PEP, MIT (A) The fees to be charged for the erection of all signs, or advertising display, Shall be as follows: TITE OF SIGN ~"~""-' (1) GroUnd sign beards. The first 50 square feet or fraction thereof $15 From 50 to 100 square feet 20 From 100 to 200 square feet 25 Over 200 square feet, for each additional 50 square feet, add 10 Billboards 100 16 Jefier~:rmlle - Land (2) Roof signs. Up to and including 250 square feet in area Over 250 square feet, add $50 20 (3) Wall bulletins and wall signs. For the fa'st 16 square feet From 16 square feet up to and including 200 square feet For each additional 100 square feet, or fraction thereof, over 200 square feet, add 10 20 10 (4) Projecting signs. Up to and including 20 square feet in area 15 For each additional 20 square feet, or fraction thereof, add 10 (B) The area of two or more advert/sing displays, when their combined areas are less than the minimum for their class, shall not be added or included in one permit, but a separate permit shall be taken for each d/splay. Each face shall be calculated in determining total fee. (C) Any sign or advert/sing display that shall be taken down temporarily from its fastenings or supports or replaced in any manner, shall be considered as a new sign or display, and an erection permit shall be required, as for a new installation before such sign or advert/sing d/splay shall be re- erected. All wiring for signs must be done in accordance with the provisions of the Indiana Electrical Code. (Ord. 67-OR-3, passed 2-6-67; Am. Ord. 68-OR-5, passed 4-1-68; Am. Ord. 87-OR-53, passed 7-7-87; Am. Ord. 89-OR-12, passed 3-20-89) § 180.048 ELECTRICAL PERMIT r'~--'~-'~. Fees for electrical permits shall be as follows: (A) Residential, single occupancy only. New or replaced service entrance (B) New double- or multi-occupancy residential and commercial building. New or replaced service entrance (C) Industrial buildings. New or replaced service entrance $25 per AMP .40 per AMP .50 per AMP Buitding Code (D) Additions or repairs to any building not requiring new or replaced service entrances $16.00 per inspection (Ord. 87-OR-53, passed 7-7-8'/; Am. Ord. 89-OR-12, passed 3-20-89) 17 § 150.049 PLUMBIN(~ PEItMIT ~'~-'~--~. (A) For a permit for the installation and inspection of new work, the fees shall be as follows: First fixture $15.00 Each additional fixture up to and including 50 fixtures 2.00 Above 50 fixtures 1.00 A fixture shall be defined as any receptacle intended to receive and discharge water, liquid, or water- carried soft and for wastes into drainage system with which they are connected. (B) Process piping such as sprinkler systems shall be $15 per $1,000 or fraction thereof. (C) The fee for replacement of existing plumbing fixtures and existing water services shall be $5 excepting replacement of garbage disposals. When electrical system is grounded to metallic water service and water service is changed to plastic, it is the responsibility of the installer of the plastic service to see that the electrical service is grounded properly. (Oral. 70-OR-11, passed 7-6-70) (D) For additions or repairs to any building not requiring new or replaced plumbing, the fee shall be $15 per inspection. (Ord. 87-OR-53, passed 7-7-87; Am. Ord. 89-OR-12, passed 3-20-89) § 150.050 i-'~-'~:S FOR FUIEL STORAGE TANKS AND C_,A~OLINI~ DISPENSERS. (A) Fuel storage tanks for flammable liquids or other liquids. For a permit for the installation of fuel storage tank or tanks for flammable liquids or other liquids, the ~ee shall be as follows: (1) Up to 300-gallon capacity $15.00 (2) 300-gallon to 1,100-gallon capacity 25.00 (3) 1,100-gallon to 25,000-gallon capacity 35~00 (4) Over 26,000-gallon capacity 50.00 (B) Gasoline or other flarru'nable liquid dispensers. The fee shall be $25 for each dispenser. 18 Jet~mo~ - LaM Usalle (C) The fees required in divisions (A) and (B) above shall be payable in addition lo any fees required by any other section of this chapter. (Ord. 67-OR-3, passed 2-6-67; Am. Ord. 68-OR-5, passed 4-1-68; Am. Ord. 87-OR-53, passed 7-7-87; Am. Ord. 89-OR-12, passed 3-20-89) § 180.081 l~m~ FOR Re;l-'alom~.YION (A) Fees for refrigeration machinery or equipment where the compressor is remote from the low pressure side shall be as follows: (I) Up to and including one horsepower of prime movers rating $15 (2) Over one horsepower and up 30 (B) These fees are based on individual compressor units; provided, however, that no permit shah be required for the installation of any self-contained refrigerating unit in which both the high pressure side and the low pressure side are assembled as one unit in the same cabinet or structure by the manufacturer, except as provided hereinafter specified for BTU output up to 300,000 BTU. (Ord. 67-OR-3, passed 2-6-67; Am. Ord. 68-OR-5, passed 4-1-68; Am. Ord. 87-OR-53, passed 7-7-87; Am. Ord. 89-OR-12, passed 3-20-89) § 150.08~. ItEATING l-',-:~:-~. (A) The fees for heating, air conditioning, and ventilating are as follows: (1) Forced warm air system heating perrait $15.00 (2) Each supply and return outlet 1.00 (3) Wall stack inspection including PVC flues 5.00 (B) The fee for a conversion permit, any fuel, shall be $15. (C) The fee for a unit heater or wall heater shall be $15. (D) The fee for a gas-fired incinerator shall be $25 for commercial and $15 for domestic. (E) The fee for a gas-fired commercial clothes dryer shall be $25, and $15 for residential. (F) Permit fees for heating boilers for steam, hot water, and radiant heat shall be as follows: (I) Group 1. Heating boilers (low pressure) of a capacity to supply a net load of 1,500 square feet or less of direct steam radiation, or the equivalent, $15. (2) Group 2. Heating boilers (low pressure) of a capacity to supply a net load of mere than 1,500 square feet of direct steam radiation, or the equivalent, $30. Low pressure boilers are defined as those boilers designed to operate at a maximum safe working steam pressure of 15 pounds per square inch gauge, or, for water, 30 pounds per square-fitch gauge. Hot water supply boilers will also be classified in those g~oups for the purposes of this section. (G) The heating permit fee for any type of electric heating system shall be charged at the rate of $15 each 100,000 BTU or fraction thereof. (Ord. 87-OR-53, passed 7-?-87; Am. Ord. 89-OR-12, passed 3-20-89) (A) Fees for installation of air.conditioning equipment shall be $2 per ton for each ton up to 50 tons. For air.conditioning equipment weighing 50 tons or more, fees shall'be charged at a rate of $3 per ton. (B) The fees for additions or repairs to any building not requiring new or replaced HVAC shall be $15 per inspection. (Ord. 87-OR-53, passed 7-7-8?; Am. Ord. 89-OR-12, passed 3-20-89) § 180.084 It~NSPECTION ~'~:~, (A) Whenever so requested, or when for any use it becomes the duty of the Commissioner of Buildings, on h/s own motion, to reinspect, or cause to be reinspected, any building, structure, electrical circuit, machinery, device, or apparatus or equipment for combustion, the owner, lessee, tenant, or person in possession or control thereof, or of the premises on or in which the same may be situated, shall pay in advance a fee of $15 to the City Clerk-Treasurer, if he requests such reinspection; or he shall pay such fee within ten days after the delivery to him of a certificate certifying that such building, structure, electrical circuit, machinery, device, or apparatus or equipment for combustion has been reinspected, when it was not done at the request of such person. (B) Unless the fee provided by division (A) above shall be paid as herein prescribed, no reinspection shall be made when so requested by any such person; or if not paid after reinspection on the motion of the Corru-rdssioner of Buildings and being billed therefor, as aforesaid, such charge may either be collected by suit, or be certified by the Commissioner of Buildings to the City Clerk-Treasurer, who shall enter the same on the tax duplicate of the owner of such premises, to be a lien thereon and to be collected as taxes are collected. (C) Should the Commk~ioner of Buildings be requested to inspect structures for whatever the reason by the owner/occupant of the structure, the fee shall be charged in advance as follows: (1) Residential $25 (2) Apartment (per unit) 25 (3) Comrnercial 50 (Ord. 87-OR-53, passed 7-7-87; Am. Ord. 89-OR-12, passed 3-20-89) 20 Jef~mo~ - Land Usage § 150.055 ~ DOUBI~ WHIEN PI~'I' NOT OBTA1N]~. Should any person, copartnership, or corporation begin work of any kind such as set forth in this chapter, or for which a permit from the Bureau of Buildings is required by ordinance, without having secured the necessary permit therefor from the Bureau of Buildings either previous to, or during the day of commencement of any such work, or on the next succeeding day where such work is commenced on a Saturday or on a Sunday or a holiday, he shall, when subsequently securing such permit, be required to pay double the fees in addition to a flat rate fee of $100 hereinbefore provided for such pen'nit in this chapter, and shall be subject to all the penal provisions of this chapter. (Ord. 87-OR-53, passed 7-7-87; Am. Ord. 89-OR-12, passed 3-20-89) § 150.056 DURATION OF ADrv~r,.~/NO SIGN PEP, MITS; PAYMENT OF (A) The fee chargeable and paid at the time of the issuance of a permit for the erection of any kind of advertising display or sign, as provided for in tl'~s chapter, shall cover all charges for any such advertis'mg display or sign for the remainder of the calendar year in which such permit is issued. The annual inspection fee for any kind of such advertising display or sign shall be due and payable on the first of January of the year next following the erection of any such advertising display or sign, but it shall not be delinquent until 30 days after such annual inspection is made and a written notice thereof is delivered or mailed to the person owning same. (B) When any/nspection fees shall be unpaid and delinquent, the person owning same or in control of the sign shall again be notified in writing thereof and that unless paid within one week from the marling of such notice, or its personal service, the Building Commissioner will cause such sign to be removed at such person's expense. If so removed, no sign shall be replaced without payment of all arrears due and also of the new permit fees. (C) A separate fee shall be paid for each and every kind of sign or advertising display described in this chapter. However, two or more such sign~ or advertising displays may be grouped on one inspection slip, and when the fees therefor shall be paid one tag may be issued for the entire group. No reinspection fee shall be required for signs painted on the w~l!~ of buildings. (Ord. 87-OR-53, passed 7-7-87; Am. Ord. 89-OR-12, passed 3-20-89) § 150.065 RL"v--w OF APPLICATION. Prior to the issuance of any permit hereunder, the Building Commissioner or his authorized agent shall: (A) Review all permit applications to deterrrdne whether full compliance with the provisions of this chapter has been met; (B) Review all permit applications for new construction or substantial improvements to determine whether proposed building sites will be reasonably safe for flooding; (C) Review permit applications for major repaim within the floodplain area having special flood hazards to determine that the proposed repair uses construction materials and utility equipment that are resistant to flood damage, and uses construction methods and practices that will minimize flood damage. (D) Review permit applications for new construction or substantial improvements within the floodplain area having special flood hazards to assure that the proposed construction (including that of prefabricated and mobile homes) is protected against, flood damage; is designed or modified and anchored to prevent flotation, collapse, or lateral movement of the structure; and uses construction methods and practices that will minimize flood damage. (E) Determine if the permit applicant meets the necessary licensing or registration requirements °f this chapter. (Ord. 87-OR-53, passed 7-7-87) § 180.066 INSPECTIONS. (A) After the issuance of any permit hereunder, the Building Commissioner or his duly-authorized representative shall make such inspections of the work being done under the permit as are necessary to insure full compliance with the provisions of this chapter and the terms of the permit. (B) Any person, fu'm, or corporation who has obtained a permit from the Building Commission shall be required to request an inspection of the work performed in the following instances: (1) The installation of temporary electrical service on a pole; (2) Footing and foundation excavations prior to the placement of concrete; (3) The installation of all underground and underslab electrical, heating, air-conditioning, and plumbing systems and tanks and dispensing equipment prior to being covered; (4) The construction of structural components of a new building or structure or of an addition to a building or structure, including floors, walls, ceilings, and roof, prior to said structural components being covered; (5) The installation of all rough-in and final electrical, heating, air-conditioning, and plumbing systems within a building or structure prior to being covered; (6) The installation of an electrical meter on a building or structure; (7) The final installation of a new or replacement tank and dispensing equipment f°r flammable and combustible liquids or gases; (8) The installation of replacement furnaces, heat pumps, central air-conditioning systems, water heaters, and dryers; (9) The demolition of a building or structure in the following instances: (a) After the basement floor is broken and the water and sewer services are sealed; 22 Je~e~onv[~ - Land Usage removed; (b) After bacl~llfng is completed and the site is uniformly graded and all debris has been (10) The excavation of an inground swimming pool and the electrical bonding and grounding of all metal components prior to the Placement of concrete; (11) The installation of a modular or manufactured home on a permanent foundation. (C) The inspection shall be requested at least 24 hours in advance of the need for such inspection. It shall be the duty of the person requesting the inspection to provide access to and means for the proper inspection of such work. The person responsible for performing the work or his representative shall be present on the job site during the inspection. No portion of work shall be covered or concealed until inspected and approved. The city shall not be liable for any expense entailed in the removal or replacement of material required to permit inspection. It shall be the responsibility of the person obtain/rig the permit to insure that all phases of the work are completed before request/rig a f'mal inspection. (D) No person, firm, er corporation shall connect or permit to be connected any electrical installation, heating or afr-conditientug installation, or water heater to a source of electrical or flammable and combustible liquid or gas energy until such installation has been inspected and approved by the Building Cormnissien and a certificate of approval has been attached to such installation by the Commission. The certificate of approval shall be in the form of a sticker and shall be signed by the Building Commissioner or his duly-authorized representative. (Ord. 87-OR-53, passed 7-7-87) Penalty, see § 150.999 § 150.0W/ COMMISSION~K'S RIGHT TO Upon presentation of proper credentials, whenever necessary to make an inspection to enforce any of the provisions of this chapter or whenever there is reasonable cause to believe that there exists in any building, structure, or preraises any condition or violation of this chapter which makes such building, structure, or premises unsafe, dangerous, or hazardous, the Building Commissioner or his duly-authorized representative may enter at reasonable times any building, structures, or premises in the city to perform any duty imposed upon him b'y this chapter. (Ord. 87-OR-53, passed 7-7-87) § 150.068 STOP WORK ORDER. Whenever any work is being done contrary to the provisions of this chapter or whenever satisfactory progress is not being made in correcting work ordered by the Building Commissioner or his duly- authorized representative, the Building Co--loner or his representative may order the work stopped on that portion deemed to be in violation, or on the enth'e project, by posting a stop work card on the job site. Any person, firm, or corporation who shall continue any work on a stopped project, or portion thereof, other than corrective work, shall be liable to penalty for violations as set forth in § 150.999. Each day, or portion thereof, of any continued work shall be considered a separate offense. (Ord. 87-OR-53, passed 7-7-87) But~ding Code 23 § 1[~0.069 Ol~'r~-'lC3t'l'l~ OP OCCUPANCY; IMPR~ LOCA'I'ION PI~RM1T. (A) Certificate of Occupancy. (1) After the adoption of this chapter, it shall be unlawful for any owner, lessee, or tenant to occupy, use, or permit the use of any building, structure, or part thereof that is constructed, erected, altered, repaired, or the use of which is changed, prior to the issuance of a cer~ilicate of occupancy by the Building Commission. The fee to be charged for a certificate of occupancy shall be $15. (2) No certificate of occupancy shall be issued unless such building or structure was constructed, erected, altered, repaired, or changed in compliance with the provisions of this chapter. The Building Commission may require that the owner or the professional inspecting architect or engineer of a construction project submit to the Department, prior to the issuance of a certificate of occupancy, a statement indicating that the project construction work is substantially complete in accordance the construction documents released by the State Building Commissioner. This statement shall also list all remaining items that recluire completion or correction. (B) Improvement Location Permit. The fee for an improvement location permit shall be $25. (Ord. 87-OR-53, passed 7-7-87; Am. Ord. 89-OR-12, passed 3-20-89) Penalty, see § 150.999 § 11~0.070 WORK '1'O BI~. WORKMANLII~I. All work on the construction, alteration, and repair of buildings and other structures shall be performed in a good and workmanlike manner according to accepted standards and practices in the trade. (Ord. 87-OR-53, passed 7-7-87) Penalty, see § 150.999 § 180.071 I~IABI~ITY. The city, the Building Commissioner, or his duly-authorized representatives charged with the enforcement of this chapter, acting in good faith and without malice in the discharge of their duties, shall not thereby render themselves personally liable and they hereby are relieved from all personal liability for any damage that may accrue to person or property as a result of any act required or by reason of any act of omission in the discharge of their duties. Any suit brought against the city or the Commissioner or Boards, or his duly-authorized representatives, because of such act or omission performed by them in the enforcement of any provisions of this chapter, shall be defended by the City Attorney until final termination of the proceedings, as covered in lC 34-4-16.5-1 et seq. (Ord. 87-OR-53, passed 7-7-87) § 180.072 RIGHT OI~ APPEAL. All persons shall have the right to appeal the decision of the Building Commissioner or his duly- authorized representatives first through the Board of Public Works and Safety of the city and then through any admirdstrative agency set forth in the state code or to a court of competent jurisdiction. (Ord. 87-OR-53, passed 7-7-87) § 150.0~3 P~2/m~ The Building Commissioner shall request the City Attorney to bring action on behalf of the cffy in the County Circuit or Superior Courts for mandato~ and injunctive relief in the enforcement of and to secure compliance with any order or orders made by the Commissioner or his duly-authorized representative, and any such action for mandato~ or injunctive relief may be joined with an action to recover the penalties provided for in this chapter. Any person adjudged guilty of a violation of this chapter may also be adjudged to pay the costs of prosecution. (Ord. 87-OR-53, passed 7-7-87) § 150.0'/4 BOA,V,D OF M~CI-',ANICAL CONTROLS. (A) To carry out the provisions of this subchapter, there has been established a board for the examination and licensing of persons engaged in inst~]l~ng electrical systems, known as the City Board of Mechanical Controls. The Board of Mechanical Controls, referred to hereafter as the Board, shall examine applicants for licenses under this subchapter, issue certificates of license to qualified applicants who have paid the prescribed fees and who have passed the examination hereinafter required, and revoke and suspend any license after just cause shown before such Board. (B) Any member of the Board so serving under a previous appointment at the time this chapter takes effect shall continue to serve pursuant to his previous appointment. Thereafter, the Board shall consist of ten members. The members are listed as follows: (1) The Building Commissioner or a representative of his office to serve as an ex officio member; (2) A regularly registered architect of the state; (3) A registered professional engineer of the state; (4) A reputable building construction contractor engaged in business; (5) A reputable plumbing contractor engaged in business; (6) A reputable electrical contractor engaged in business; (7) The County Health Officer or his representative; (8) The City Engineer; (9) A reputable heating, air conditioning and ventilating contractor engaged in business; and (10)The Chief of the Fire Department or his representative. (C) Members shall serve for a term of one year and shall hold office at the pleasure of the Mayor. Each term shall expire on December 31 of each year. However, each member shall continue to serve until a successor is appointed. Vacancies occun'ing within a term shall be filled by the Mayor for the unexpired portion of the term. This position is a nonpaying position. Liability for bodily injury Liability for property damage Or combined single limit coverage as follows: Liability for bodily injury and property E~/~ $100,000 $100,000 damage $300,000 (Ord. 87-OR-53, passed 7-7-87) Penalty, see § 150.999 $300,000 $3OO, OOO $300,000 31 § 150.08'/ ~ STANDARDS FOR DEMOLITION. All persons engaged in the demolition of a building or structure shall comply with the following rnkdmum standards: (A) Control shall be maintained over the site and operation to eliminate hazards to the public. Nails or other tire-puncturing items shall not be dropped on streets, alleys, and adjacent property. Public streets, curbs, and sidewalks shall be protected from damage. The person engaged in the demolition work shall be liable for any and all damage to curbs, streets, sidewalks, and other public or private property and for any bodily injury occurring as a result of the demolition work. (B) Basement walls and all other concrete slabs and footings not intended or not able to be reused shall be removed two feet below finished grade. Material used for backfill shall be free of wood and compacted thoroughly. (C) All sewer and drain lines shall be removed for a d~stance of two feet outside of the basement wall and shall be thoroughly plugged and sealed with cement. All water service shall be turned off at the service valve and water lines shall be removed for a distance of two feet outside of the basement wall and shall be thoroughly plugged and sealed to prevent leakage. (D) Basement floors shall be broken to provide positive drainage for a minimum of 20% of the floor area uniformly d/stributed. (E) All underground tanks present on the site shall be removed. Cisterns present on the site shall be filled in accordance with the requirements for basements. (F) All debris resulting from the demolition work shall be properly disposed of. (G) The demolition site shall be left with a uniform grade and shall be free of debris. (H') The person engaged in the demolition work shall be responsible for requesting two inspections during the course of the work. The first inspection shall be made after the basement floor is broken and the water and sewer services are sealed. The second inspection shall be made after the bsckfill is completed, the site is uniformly graded, and all debris has been removed. (Ord. 87-OR-53, passed 7-7-87) Penalty, see § 150.999 laf/an~nv~ - ~ Usage MOV~VG B~D~ OR Bf'RUC~ § 150.098 APPROVAL AND PERMIT REOUI~ FOR MOVING BUILDINGS AND STRUCTURES. (A) No building or structure shall be moved to a new location over any street, bridge, or other public property or private property within the corporate limits of the city without first obtaining the approval of the Board of Public Works and Safety of the city, and obtaining a permit from the Building Commissioner. ' (B) Any person desiring to move a building or structure shall submit an application to the Building Commissioner on such forms as may be prescribed by his Department. The application shall be accompanied bY the followLug: (1) A map indicating the proposed route; (2) A letter from all public utility companies, railroads, and cable television companies with facilities along the proposed route indicating that the applicant has deposited with such company adequate surety to cover the cost of any damage or changes in facilities resulting from moving the building or structure; (3) A letter from the Traffic Division of the City Police Department with recommendations regarding the proposed route and traffic control; (4) A letter from the Director of the Department of Public Works indicating any problems or recommendations regarding public facilities and improvements; (5) A letter from the Building Commissioner regarding the overall structural condition of the building or structures proposed to be moved; (6) Approval from the County Highway Engineer if the proposed route includes any county highway or bridge; (7) Approval from the State Department of Transportation ff the proposed route includes any state highways; (8) Written authorization from any private property o'~mer whose land must be crossed during the move; and (9) A certificate of insurance and performance bond as required below. (C) Ail applications for a permit to move a building or structure shall be referred to the Board of Public Works and Safety of the city. The Board shall review the application and recommendations made by all interested parties. If the Board of Public Works and Safety determines that the moving and relocation of the building or structure can be made without injury to persons or to curbs, sidewalks, bridges, sewers, or other public or private property and improvements, the Board may approve the moving permit application and the Building Commission may issue a moving permit. (D) The Board of Public Works and Safety shall approve the route to be utilized for the move, the time and date such move shall take place, and the time and date'when such move shall be completed. 33 The Board may require other reasonable conditions as necessary to protect the public health, safety, and (E) No application for moving shall be approved by the Board if the building or structure proposed to be moved has been damaged by wear or tear of any other cause to an extent exceeding 50% of its original cost. (F) Any building or structure that has been moved to a new location shall be rehabilitated or reconstructed so as to be made to conform to the provisions of this chapter for new construction. (Ord. 87-OR-53, passed 7-7-87] Penalty, see § 150.999 § 180.096 II~URANOE AND BONDING I~0~, (A) The applicant for a moving permit shall agree to assume the responsibility for any personal injury or any damage to public or pnvate property occurring as a result of moving a building or structure. The applicant shall agree to defend, indemnify, and hold harmless the city, its depanmems, boards. employees, officers, and agents from and against all claims, charges, damages, demands, costs~ suits, liabilities, payments, expenses (including counsel fees), f'mes, judgments, penalties, or losses of any kind or nature whatsoever, resulting from or in respect of any injury or damage to persons or property caused negligently or otherwise from the moving of any building or structure or the granting of a moving permit. (B) The applicant shall submit to the Building Commissioner a certificate of insurance as evidence that said applicant has liability insurance coverage properly endorsed for moving of a building or structure in the following minimum amounts: F~.~ Liability for bodily injury $500.000 $1,000,000 Liab~ty ~rpublic and private property damage $500,000 $1,000,000 Or combined single limit coverage as follows: Liability for bodily injury and property damage $1,000,000 $1,000,000 (C) A building or structure shall be required to be placed on its permanent foundation within 30 days after being moved to a new location. An applicant for a moving permit shall submit to the Board of Public Works and Safety a performance bond, or other form of surety acceptable to said Board, in an amount to be determined by the Board, guaranteeing that the moving of the building or structure shaB be completed within the time specified by the Board and that the building or structure shall be placed on its permanent foundation within 30 days after being moved to a new location. (D) In the event of adverse weather conditions or other unforeseen circumstances, the Board may, upon the request of the applicant, grant an extension of time to complete the move or to place the 34 Je~ersonvflle - Land Usage building or structure on its permanent foundation. The Board shall release the performance bond upon the satisfactory completion of the move and the placement of the building or structure on its permanent foundation. (Ord. 87-OR-53, passed 7-7-87) Penalty, see § 150.999 § 150.105 ~A'rrmuOR MAIN'r~G'E STANDAP, DS. (A) The exterior of all premises and the condition of all buildings and structures thereon shah be maintained so that the appearance thereof shall reflect a level of maintenance in keeping with the standards of the city and so as to avoid blighting effect and hazards to health, safety, and welfare. (B) The owner and operator shall keep the exterior of all pren'dses and every structure thereon, including but not limited to walls, roofs, cornices, chimneys, drains, towers, porches, landings, f'~e escapes, stairs, refuse, or garbage containers, store fronts, signs, windows, doors, awnings, and marquees, in good repair, and all surfaces thereof shall be kept painted or protected with other approved coating or material where necessary for the purpose of preservation and avoiding a blighting influence on adjoining properties. Exterior wood, composition, or metal surfaces shall be protected from the elements by paint or other protective covering. Surfaces shall be maintained so as to be kept clean and free to flaking and loose or peeling paint or covering. Those surface materials whose appearance and maintenance would be enhanced by a natural weathering effect or other natural effects may remain untreated. (C) Alt surfaces shall be maintained free of broken glass, loose shingles, crumbling stone or brick, peeling paint, when such peeling consists of at least 33-1/3% of the surface area, or other conditions reflective of deterioration or inadequate maintenance, and not show evidence of weathering, discoloration, ripping, tearing, or other holes or breaks, to the end that the property itself may be preserved safely, fire hazards eliminated from adjoining properties, and the neighborhood protected from blighting influence. (D) All premises shall be maintained and lawn, hedges, bushes, trees, and other vegetation shall be kept trimmed and from be6oming overgrown and unsightly where exposed to public view or where such vegetation may constitute a blighting influence on adjoining property. (E) All premises shall be maintained free of all debris, trash, rubbish, litter, garbage, refuse, junk, and foundation remnants. No premises shall be used for storage of inoperable motor vehicles, machinery, junk vehicles or machinery, and vehicle paris when such storage is within view of any public premises or public alley, streets, or highway so as not to cause a blighting problem or adversely affect the public health or safety. (F) All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure, and sanitary condition as provided herein. (Ord. 87-OR-53, passed 7-7-87) 35 § 150.106 (A) The Building Commissioner shall request the City Attorney to bring action on behalf of the city in the County Circuit or Superior Courts, for mandatory and injunctive relief in the enforcement of and to secure compliance with any order or orders made by the Building Commissioner or his authorized representative, and any such action for mandatory or injunctive relief may be joined with an action to recover the penalties provided for in this chapter. Any person adjudged guilty of a violation of this chapter may also be adjudged to pay the costs of prosecution. (B) The owner of the property shall be notified in writing stating that the property owner shall have a maximum of 30 days to comply with the standards of maintenance as outlined in this sub~hapter, after which time if the property owner has not complied, a fine shall be assessed as provided for in § 150.108. (Ord. 87-OR-53, passed 7-7-87) § 150.10'/ RIGHT TO APPEAL. (A) The Board of Public Works and Safety shall have the authority to grant special variances or relief to any provisions or requirements of this subchapter and may prescribe any conditions or requirements deemed necessary to minimize adverse effects upon the community. (B) The Board of Public Works and Safety may develop standards and procedures for the implementation and enforcement of these provisions. (Oral. 87-OR-53, passed 7-7-87) § 150.108 NOTICE OF VIOLATION; FAILURE TO COMPLY. (A) If any property owner violates the provisions of this subchapter, said property owner shall be notified in writing of such violation. (B) The Building Commissioner or his authorized representative shall send a violation notice by certified marl or by delivery in person to the property owner found to be in violation of this subchapter, and said person shall have a ~um of 15 days to complete and return a form letter indicating agreement to correct the violation within 30 days or to appeal the violation. (C) Upon receipt of a request for an appeal the Building Commissioner shall notify the appellant in writing of the place and dates to schedule an appeal. The property owner may appeal the violation, the compliance requirements, or the completion date. (D) Upon presentation of convincing evidence the Board of Publi~ W°rks and Safety may neg°tiate an adjusted compliance schedule commensurate with the evidence presented and in keeping with this subchapter. (E) Upon proof of hardship a resident-owner may be granted a continuance and be excepted from fines for those violations requiring the expenditure of unavailable funds provided that said violations do not adversely affect the public health or safety. 36 Je~m~o~ - ~,az'td U,~ge (F) In the event the owner failed to respond to any of the above procedures the owner would be found in violation of this subchapter and fined accordingly. He shall be cited before the City Court, and upon conviction of the violation shall be fined not less than $25 nor more than $2,500. (Ord. 87-OR-53, passed 7-7-87) § 180.1~0 ES'I'AB~.~; '£~:;~1S AND CONDITIONS. It is ordained by the Common Council of the city that it hereby establishes the Jeffersonville Drainage Assistance Program on the following terms and conditions: (A) The Common Council shall make a special appropriation of up to $50,000 in 1991 in order to establish and fund the Jeffemonville Drainage Assistance Program. (B) The Jeffersonville Drainage Advisory Committee shall be formed, and shall consist of the following: (1) Two City Councflpersons elected by maiority vote of Council; (2) City Engineer; (3) City Attorney; and (4) A citizen appointment made by the Mayor, although no more than two of the three appointments in this subdivision and subdivisions (2) and (3) above may be of the same political party (C) The Committee shall adopt an application for drainage assistance by property owners in the city which shall be forwarded to the Common Council for review and approval. (D) Applications made under the Drainage Assistance Program shall be given preference in cases where several adjacent property owners join in the application upon projects which effect a relatively large number of property owners. (~..) Upon each and every application the Committee shall investigate the existing problem, and may utilize the advice of outside engineers and consultants where deemed advisable by the Committee. The Comm.ittee shall rain/really give written advice to the property owner as to the cost effective method of solving the existing problem or shall advise as to the economic impossibility to provide a solution. (F) However, in those situations where a solution to the existing drainage problem can be provided under this program the Committee shall undertake a detailed cost analysis of the anticipated cost effective solution. The applicant or applicants shall then be advised as to the anticipated cost of the project. At such time the applicant or applicants may commit to the project by paying into the office of the City Engineer the sum of one-half of the engineering estimate to be matched by the city under this program up to a maximum of $15,000 total cost for any one application or project. This contribution shall be the ma~mum contribution to be received from the applicants, and the city will bear the costs of any change orders or cost overruns in the project in their entirety. Bufldin~ Code 37 (G) No application by a single property owner which does' not identify any benefit to properties other than that owned solely by that applicant shall not be considered or investigated under this program. (H) Applications received by the Committee shall be ranked in their priority in accordance with the size of the area affected, the number of property owners affected, and the severity of the drainage problem. (I) Upon such ranking the Committee shall proceed to approve such applications and offer matching funding herein to the maximum cost identified per projectl and also up to the maximum allocation of funds for 1991 identified hereinabeve. (J) Upon a determination by the Committee that a publicly dedicated drainage easement is necessary for the continued maintenance of any drainage improvement undertaken herein, it may make the dedication of such easement by the applicant or applicants a condition precedent to the award of any public assistance under this program. (K) Should the Common Council deem this program desirable and effective it shall make a budgetary appropriation for the program for 1992 and ensuing years thereafter. (Ord. 91-OR-29, passed 6-3-91) § 150.998 VIOLATIONS. It shall be unlawful for any person, firm, or corporation, whether as owner, lessee, sub-lessee, or occupant, to erect, construct, enlarge, alter, repair, improve, remove, convert, demolish, equip, use, occupy, or maintain any building or structure, including fences, in the city, or cause or permit the same to be done, contrary to or in violation of the provisions of this chapter. (Ord. 87-OR-53, passed 7-7-87) Penalty, see § 150.999 § 160.999 PENAL'~. (A) If any person, fu'rn, or corporation shall violate any of the provisions of this chapter, or shall do any act prohibited herein, or shall fail to perform any duty lawfully enjoined, within the time prescribed by the Building Commissioner or his duly-authorized representative, or shall fail, neglect, or refuse to obey any lawful order given by the Commiss/oner or his duly-authorized representative, in connection with the provisions of this chapter, for each such violation, failure, or refusal, such person, fLrm, or corporation shall upon conviction of said violations be fined not less than $15 nor more than $500, if no other penalty is provided in this chapter. (B) The continued violation of any provision of this chapter shall be and constitute a separate offense for each and every day such violation shall coninue. (C) Enforcement of this chapter shall be by the Building Commissioner er his duly-authorized representatives. (Ord. 87-OR:53, passed 7-7-87; Am. Ord. 89-OR-12, passed 3-20-89) CHAP'I'I:;a llll: FLOOD Pl..~l~ MANAG'EMEN~ Section 151.01 151.02 151.03 151.04 151.05 151.06 151.07 151.08 151.09 151.10 151.20 151,21 151.22 Definitions Classification of district Tlood insurance study adopted by reference Certain uses permitted by right Special exception uses Nonconforming uses Variances Subdivisions in flood prone areas Minimizing or eliminating infiltration of flood waters Riding on or damaging flood walls prohibited Plan Commission to keep records; issue permits Development permits Base flood data § 181.01 DEFINi'i'~ONS. For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning. D~,'~Oi~I~tI~FI'. Any man-made change to improved or unimproved real estate including, but not liraited to, buildings and other structures, mining~ dredging, filling, grading, paving, excavation, or drilling operations. F~OOD or F~OODW'A'~'~f. The water of any lake or watercourse which is above the banks or outside the channel and banks of the watercourse. .F~OOD ~ ~ AnY flood plain, floodway, floodway fringe district, or any combination thereof. .F~ COD .P.~OO~-;e;/2 ./~ U/~-,D/i¥(~. Acommercial or industrial bu/lding designed t o exclude floodwaters from the interior of that building. All floodprooding shall be adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the reguiatory flood. 39 40 Je~soma31e - Lancl Use~;e FLOOD .Z'R(:FI'EC'~ON GIMDF,. The elevation of the lowest floor of a building or structure. If a basement is included, the basement floor is considered the lowest floor. Exception; if a commercial or industrial building is floodproofed as hereinafter defined, the term F~OOD PR~TION ~Eapplles to the water surface elevation for which the building is protected. ~rO$;~'m- HO.i'~4~ :~2~'DOWA~; $C~')UA~. Sufficient anchorage to resist flotation, collapse, or lateral movement of any mobile home. At a minimum, the anchorage shall consist of (1) over-the-top ties provided at each of the four comers of the mobile home, with two additional ties per side at intermediate locations, with mobile homes less than 50 feet long requiring only one additional tie per side; (2) frame ties be provided at each comer of the home with five additional ties per side at intermediate points and mobile homes less than 50 feet long requiring four additional ties per side; (3) all components of anchoring system be capable of carrying a force of 4,800 pounds; and (4) any additions to the mobile home be similarly anchored. N.;ITU/M~ Fu~OURC]5~. The Indiana Natural Resources Commissien. F,-~G-'UI~TORFFLOOD. That flood having a peak discharge which can be expected to be equaled or exceeded on the average of once in a 100-year period, as calculated by a method and procedure which is acceptable to and approved by the Indiana Natural Resources Commission. This flood is equ/valent to a flood having a probability of occurrence of 1% in any given year. /?.~GUA;ITOA"FF~OOD .P.~OFU.~. A longitudinal pro£fle along the thread of a stream shewing the max/mum water surface elevation attained by the regulatory flood. SU~$T.~5~., .MOD.~"/C-~T/ON. Any alteration, repair, enlargement or extension of an existing building. SUBSTANTIAL AfODiF~C~ATIONis considered to occur when the Cu-*st alteration of any wall, ceiling, floor or other structural element of the building commences. This term does not, however, include either; (1) any project for improvement of a structure to comply with existing health, sanitary or safety code specifications; or (2) any alteration of a structure listed on the National Register of Historic Places or the Indiana Sites, Structures, Districts and Objects. (Ord. 79-OR-19, passed 7-2-79; Am. Ord. 85-OR-28, passed 6-16-85; Am. Ord. 91-OR-18, passed 5-6-91) § 181.02 CLASSIFICATION OF DISTINCT. In the FP, FW, and FF Districts established herein, the degree of flood protection established in this chapter is considered reasonable for regulatory purposes and is based on engineering and scientific considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes such as ice or debris jams. Thia chapter does not imply that areas outside flood hazard districts, as defined herein, will be free of flooding or flood damage. This chapter does not create any ]~-,ility on the pan of the city, the Plan Commission, Natural Resources, the state, or any elected or appointed o~cial or employee thereof for any flood damages that result from reliance on this chapter or any admir~strative decision lawfully made thereunder. (A) FloodPlain (Fl:') District. The purpose of the Flood Plain (FP) District is to guide development in those areas for which detailed flood data has not been provided. These areas are identified as Boundary and Floodway Maps and as Zone A on the Flood Insurance Rate Map. The Flood Plain (FP) District may stand by itself or be combined with any other district. Flood lmla~n ~t 41 (B) Floodway (FW) DistHct. The purpose of the Floodway (FW) District is to guide development in areas identified as a floodway on the Flood Boundary-Floodway Map~ Natural Resources exercises primary jurisdiction in the Floodway (FW) District under the provisions of IC 13-1-11; however, the Plan Commission or the Building Commissioner may impose terms and conditions on any permit issued in this District which are more restrictive than those imposed by Natural Resources. The Floodway (FW) District may stand by itself or be combined with any other district, (C) .F/oodway r'%'/nge (PP') D/mr/ct. The purpose of the Floodway Fringe (FF) District is to guide development in areas subject to potential flood damage, but outside an identified Floodway (FW) District. The Floodway Fringe (FF) District may stand by itself or be combined with any other district. The principal requirement of th/s district is that the flood protection grade of all buildings shall be at least two feet above the regulatory flood profile. (Ord. 79-OR-19, passed 7-2-79; A.m. Ord. 86-OR-28, passed 6-15-85; Am. Ord. 91-OR-18, passed 5-6-91) § 151.03 FLOOD INSURANCE STUDY ADOPT~.~u BY Ik~-'~OE. The flood plain districts (areas subject to inundation by the regulatory flood) as identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for the City of Jeffersonville, Indiana", dated February 1983, with the accompanying Flood Insurance Rate Maps and Flood Boundary-Floodway Maps as revised February 18,1983, along with any subsequent revisions to the text or maps, as adopted by the Insurance Study, is on file at the office of the Building Corrurdss~oner. (Ord. 79-OR-19, passed 7-2-79~ Am. Ord. 85-OR-28, passed 6-15-85; Am. Ord, 91-OR-18, passed 5-6-91) (A) Floodway (FW) Distr/ct and I~ood Plain (FP) District. The following uses shall be permitted by right, provided they do not involve the erection of any structure or obstruction, the opening of any excavation or the deposition of any material or substance. (1) Agricultural uses such as the production of crops, pastures, orchards, plant nurseries, vineyards, and general farming, (2) Forestry, wildBfe areas, and nature preserves. (3) Parks and recreational uses, such as golf courses, driving ranges, and play areas. (B) Flood Fringe (FF) Distdct. The following uses shall be permitted by right: All facilities, structures, uses and buildings consistent with other provisions of this chapter such as businesses, medical facilities, community and government buildings, industrial facilities, restaurants, commercial facilities, storage facilities, mobile homes, utility buildings, amusement facilities, residential buildings, and civic or fraternal facilities, may be constructed irt this district provided that the flood protection grade for all buildings shall be at least two feet above the regulatory flood profile. Further, mobile homes must have pads (concrete or stands of compacted fill) at or above the elevation of the regulatory flood elevation and meeting Mobile Home Tie Downs; Schedule A. In addition adequate drainage and access for hauler shall be provided. Flood proofed buildings may also be constructed in this district provided that the plans and specifications for all necessary structural facilities and modifications are ce~ified by a Professional Engineer or Registered Architect licensed to practice in Indmna. Also, on site waste 42 JeEersomrme - ~.aZl~ Usage disposal systems must be so located as to avoid impairment of them or contamination from them during the occurrence of the regulatory flood. (Ord. 79-OR-19, passed 7-2-79; Am. Ord. 85-OR-28, passed 6-15-85; Am. Ord. 91-OR-18, passed 5-6-91) § 151.08 SPECIAL EZGt:;t, TION USES. (A) F/cod Plain (r"P) District. The following special exception uses may be permitted in the Flood Plain (PP) District only after a proper permit or letter of recommendations for same has been granted by Natural Resources. All terms and conditions are to be imposed by the Plan Commission. The Plan Commis~on may impose greater restrictions. All buildings or additions to existing buildings shall have flood protection grades at least two feet above the regulatory flood profile. (1) Water management and use facilities, such as dams, docks, dolphins, channel improvements, dikes, jetties, groins, marinas, piers, wharves, levees, seawalls, floodwalls, weirs, and irrigation facilities. (2) Transportation facilities, such as streets, bridges, roadways, fords, airports, pipe lines, railroads, and utility transmission facilities. (3) Temporary or seasonal flood plain occupancy, such as circus sites, fair sites, carnival sites, boat ramps, camps, roadside stands, and transient amusement facility sites. (4) Water-related urban uses, such as wastewater treatment facilities, storm sewers, electric generating and transmission facilities, and water treatment facilities. (5) Other flood tolerant or open space urban uses, such as flood-proofed buildings, race tracks, tennis courts, park buildings, outdoor theaters, fills, truck freight terminals, radio or TV towers, parking lots, and mineral extractions. (6) Mobile homes (temporary or permanent) having pads (concrete or stands of compacted fi/l) at or above the regulatory flood elevation and ground anchors meeting Mobile Home Tie Downs; Schedule A. In addition adequate drainage and access for a ha~tler shall be provided. (7) Residential structures. (B) The structure, if penuitted in a Floodplain (FP) District, shall be constructed on the building site so as to minimize obstruction to the flow of floodwaters. (C) Flood proofing of non-residential structures, if proposed, must be in accordance with the definition of a flood proofed building as set forth in this chapter and must be so as to minimize obstruction to the flow of floodwaters. (D) On site waste disposal systems must be so located as to avoid impairment of them or contamination from them during the occurrence of the regulatory flood. (E) Floodway (FW) District. The following special exception uses may be permitted in the Floodway (FVv') District only after a permit for construction in a floodway has been granted by Natural Resources. They will be incorporated in any permit issued by the Plan Commission. The Plan 43 Conu'rdssion may impose greater restrictions. All buildings or additions to ex~ting buildings shall have flood protection grades at least two feet above the regulatory flood plain. (1) Water management and use facilities, such as dams, docks, dolphins, channel improvements, dikes, jetties, groins, marinas, piers, wharves, levees, sea walls, floodwalls, weirs, and in-igation facilities. (2) Transportation facilities, such as streets, bridges, and roadways, fords, airports, pipe lines, railroads, and utility transmission facilities. (3) Temporary or seasonal flood plain occupancy, such as circus sties, fair sites, carnival sties, boat ramps, camps, roadside stands, and transient amusement facility sites. (4) Water-related urban areas, such as wastewater treatment facilities, storm sewers, electric generating and transmission facilities, and water treatment facilities. (5) Other flood tolerant or open space urban uses, such as flood proofed buildings, race tracks, tennis courts, park buildings, outdoor theaters, fills, truck freight terminals, radio or TV towers, parking lots, and mineral extraction. (F) Flood proofing of non-residential structures, if proposed, must be m accordance with the definition of a flood proofed building as set forth in this chapter and must be so certified by a Professional ~..ngineer or a Regmtered Architect licensed to practice in Indiana. (G) The stn.tcture or structures, if permitted in the floodway~ shall bo constructed on the building site so as to minimize obstruction to the flow of floodwaters. (Ord. 79-OR-19, passed 7-2-79; A.m. Ord. 85-OR-28, passed 6-15-85; Am. Ord. 91-OR-18, passed 5-6-91) § 11~1.06 NONCONFORMING USES. (A) Any building, structure, or other use in a Flood Plain (FP), Floodway (FW) or Floodway Fringe (FFI District which is not in conformance with this chapter constitutes a nonconforming use. (B) In a Floodway (FW) District, no nonconforming use may be expanded or enlarged nor can a building undergo substantial modification without a permit for construction in a floodway from Natural Resources. (C) In a Floodway Fringe (FF) District a building which constitutes a nonconforming use may undergo substantial modification provided the modification is on a one-trine-only basis and further provided that the modification does not increase the value of the building by more than 40% of its pre.- improvement market value (excluding the value of the land), unless the building, structure or use m permanently changed to a conforming use. (D) A nonconforming use in a Flood Plain (FP) District may be altered, enlarged, or extended, on a one-time-only basis, provided the procedures set forth in this chapter with respect tc new construction m a Flood Plain (FP) District are followed and further provided the alterations, enlargements~ or extensions do not increase the value of the building, structure, or other use (excluding the value of the land), by more than 40% of its pre-improvement market value, unless the building, structure or use is permanently changed to a conforming use. 44 Jeffe~o~ - Larval Us~[e (E) Any nonconforming use in the FP, FW, and FF Districts which is damaged by flood, fire, explosion, act of God, or the public enemy may be restored to its original dimensions and conditions, provided the damage does not reduce the value of the buildings, excluding the value of the land, by more than 40% of its broadened value. (Ord. 79-OR-19, passed 7-2-79; Am. Ord. 85-OR-28, passed 6-15-8S; Am. Ord. 91-OR-18, passed 5-6-91) § 1[~1.07 VARL~NG'ES. (A) The Board of Zoning Appeals may consider issuing a variance to the terms and provisions of the Flooding (FW), Floodway Fringe (FF), or Flood Plain (FP) Districts provided the applicant offers that: (1) There exists a good and suffieient cause for the requested variance; (2) The strict application of the terms of this chapter will constitute an exceptional hardship to the applicant; and (3) The grant ~f the requested variance wi~~ n~t increase ~~~d heights~ create additi~nal threats to public safety, cause additional public expense, create nuisances, or conflict with existing laws and ordinances. (B) The Board of Zoning Appeals may issue a variance to the terms and provisions of the Floodway (FW), Floodway Fringe (FF). or Flood Plain (FP) Districts, subject to the following standards and conditions: (1) No variance or exception for a residential use in a Floodway (l°W) District may be granted; (2) Any variance or exception granted in a Floodway (FW) District will require a permit from Natural Resources; (3) Variances or exceptions to the flood protection grade requirements in a Floodway Fringe (FF) District may be granted only when a new structure is to be located on a lot of one-half acre or less in size, contiguous to and surrounded by lots with existing structures constructed below the flood protection elevation; (4) Any variance or exception granted in a Flood Plain (FP) District will require a permit or letter of recormmendation from Natural Resources. If a letter of recommendation is received from Natural Resources, the Board of Zoning Appeals may apply the standards pertaining to the Floodway Fringe (FF) District contained in d/vis/on (B)(3) of this section; (5) Variance or exception may be granted for the reconstruction or restoraticn of any structure listed on the Natural Register of Historic Places or the Indiana State Survey of Historic, Architectural, Archaeological and Cultural Sires, Structures, District and Objects; (6) Ail variances shall give the minimum relief necessary, and be such that the maximum practical flood protection will be given to the proposed construction; and (7) The Board of Zoning Appeals shah issue a written notice to the recipient of a variance or exception that the proposed construction will be subject to increased risks to life and property and could requn'e payment of excess flood insurance premiums. Plood Plain Managemant 45 (8) Variances shall not be issued within the Floodway (PW) District ff any increase in the elevation of the regulatory flood would result. (Ord. 79-OR-19~ passed ?-2-79; Am. Ord. 85-OR-28, passed 6-15-85; Am. Ord. 91-OR-18, passed 5-6-91) § 181.0~ SUBDIVISIONS IN FI~OOD PRONE AREAS. (A) The Building Commissioner shall review all proposed subdivisions to determine whether the subdivision lies in a flood prone area as defined elsewhere by ordinance. If the Commissioner finds the subdivision to be so located, the Commismoner shall forward pertinent plans and materials to the Indiana Department of Natural Resources for review and comment. The Commissioner may require appropriate changes and modifications in order to assure that it is consistent with the need to minimize flood damages; all public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage; adequate drainage is provided so as to reduce exposure to flood hazards; and on site waste disposal systems, if provided, will be so located as to avoid impairment of them or contamination from them during the occurrence of the regulatory flood. (B) All subdivision plats containing lands identified elsewhere by law as flood prone areas shall have the elevation of the 100-year flood listed thereon. (Ord. 79-OR-19, passed 7-2-79; Am. Ord. 85-OR-28, passed 6-15-85; Am. Ord. 9t-OR-18, passed 6-6-91) § 181.09 ~-~'O OR ELIIMINATING INFILTI~TION OF FLOOD WA'~.'k.;~U~. All new or replacement water mains, valves, and other appurtenances; and all other appurtenances constructed in a Flood Hazard Area as defined in § 151.01, shall be designed and constructed as to rrd.nimize or eliminate infiltration of floodwaters into these systems and discharges from these systems into floodwaters. (Ord. 79-OR-19, passed 7-2-79; Am. Ord. 85-OR-28, passed 6-15-85; A.m. Ord. 91-OR-18, passed 5-6-91) § 181.10 RIDING ON OR DAMAGING FLOODWALLS PROH~rr.um. (A) It shall be unlawful for any person to ride or drive upon or over, with any type of motorized vehicle, any flood wall or earth levee which is under the control of the City Flood Control District, except for the purpose of passing over the same at a public or private crossing, or upon those parts as may be or become part of a public highway, or for the purpose of inspection or repair. (B) It shall be unlawful for any person to damage, destroy, desecrate, or in any manner vandalize any flood wall, earth levee, flood wall sign, gate, fence, pumping plant, right-of-way, or any other item which is under the control of the City Flood Control District. (Ord. 84-OR-25, passed 3-17-84; Am. Ord. 91-OR-18, passed 5-6-91) Penalty, see § 151.99 46 Je~mr~le - I,~:1 U~ge ~IVI~TR~TION § 151.20 PI~N COMMISSION TO ,~-:~-:,' I~COi~DS; ~SSU~ PI~M1TS. (A) The Planning and Zoning Board shall keep and maintain all records, including all lowest floor elevations, certificates, plans and other mater~l~ associated with any permit or variance issued in a Floodway (FW) District, Floodway Fringe (FF') District, or Flood Plain (FP) District. (B) The Planning and Zoning Board shall not issue any permit, license, or variance for the location or occupancy of any mobile home in a Floodway (FW), Floodway Fringe (FF), or Flood Plain (FP), until the time as proper notice written on lease, deed, or purchase contract is given to the mobile home owner that the mobile home is irt a flood hazard area. (C) The Planning and Zoning Board shall notify FlA. of all permits issued in the Floodway or Flood Plain Districts concerning watercourse alteration. In addition to forwarding a copy of all the permits to FIA, the Plan Commission shall require that the maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. (Ord. 79-OR-19, passed 7-2-79; Ant. Ord. 85-OR-28, passed 6-15-85; Am. Ord. 91-OR-18, passed 5-6-91) § 151.21 DE"V'ELOPMENT PI~RMITS. (A) The Plan Conurdssion or the Building Commissioner shall implement this chapter and grant or deny development permit applications as herein provided. (B) The Plan Commission or Building Commissioner shall: (1) Review all development permits to assure all permit requirements are satisfied. (2) Review development permits to ascertain if all prior approva/s from federal, state, and city have been obtained. (3) Ascertain if prol~osed development is in Floodway. If so, assure that the encroachment does not cause any increase in the elevation of regulatory flood. (4) In an identified flood hazard area, require that all new construction and substantial improvements be designed and built with materials resistant to flood damages, appropriate to prevent flotation, collapse, or lateral movement of the structure, and to minira/ze potential future flood damages. (Ord. 79-OR-19, passed 7-2-79; Am. Ord. 85-OR-28, passed 6-15-85; Am. Ord. 91-OR-18, passed 5-6-91) § 151.22 BASLE FLOOD DATer In the absence of base flood data provided by the Federal Insurance Administration, the Plan Commission or Building Commissioner shall ut~.e other base flood data approved by Natural Resources to assure all structures meet the flood protection grade requirements. (Ord. 79-OR-19, passed ?-2-79; Am. Ord. 86-OR-28, passed 6-15-85; Am. Ord. 91-OR-18, passed 5-6-91) 47 § 151,99 Pli~lqAI~. (A) A.ny person, tirm, partnership, or corporation which violates the provisions of § 151,10 shall pay an assessraent of $15 (except a~ here~ter provided) ff paid within 72 hours of the time of the violation to the Clerk-Treasurer and in addition pay any and all actual damages to the Superintendent of the City Flood Control District within the same 72-hour period. (B) In the event that any person charged with a violation hereunder f~l~ to pay as above provided, that person shall be charged in city court and upon conviction shall be charged not less than $15 nor more than $500. In addition, the court may, upon conviction of a violation hereof, require the violator to pay the actual damages suffered by the City Flood Control District. These damages shall be paid directly to the Superintendent of the City Flood Control District. In no event shall the total of the abevementioned fine and damages awarded by the court exceed $2,500. (Ord. 84-OR-26, passed 3-17-84; Am. Ord. 91-OR-18, passed 5-6-91) 48 Je~sol't¥1]le. Lancl Usage CHAPT~ 152: I-~ISTORIC DISTRICTS section 152.01 152.02 152.03 152.04 152.05 152.06 152.07 152.20 152.21 152.22 152.23 152.98 152.99 Purpose of regulations Boundary description of city historic district Application of city zoning code Certificate of appropriateness required Construction, reconstruction of buildings to meet visual compatibility requirements Maintenance, relocation, and the like of historic buildings to meet development standards Changes to internal design, areas, not visible to public Historic Board of Review established Powers and duties of Board Decisions of Board may be appealed Adm/ssion status Authority to require certain work to be undone Penalty § 15~..01 PURPOSE OF I~G'ULATIONS. The purpose of this chapter ~s to preserve and protect the historic or architecturally worthy buildings, structures, sites, monuments, street scapes, squares, and neighborhoods of the city. (Ord. 84-OR-34, Passed 7-21-84) § 15~..02 BOUNDARF DESOlaTION OF CITY HISTORIC DIS'IT/CT. (A) A portion of the city described as follows: The area lying within the outer boundary line as designated on the map which shall be made a part hereof by reference; including the property along Riverside D~ve from the western boundary of the Jefiboat property to the eastern right-of-way of 1-65, the properW on Spring Street from Riverside Drive to Court Avenue and the area commencing at the intersection of Court Avenue and Kentucky Avenue; thence northeast along the centerline of Kentucky to Spring Street; thence south along the centerline of Spring Street to Federal Place; thence east along the centeriine of Federal Place to Wall Street; thence south along the centerline of Wall Street to Court 49 JeEemonvi[le - I..and Usage Avenue; thence West along the center line of Court Avenue to the intersection of Court Avenue and Kentucky, to the true place of beginning; all of which is located within the cffy shall be designated ~s the historic district of the city. (B) The structures designated as contributing structures on the Old Jeffersonville National Register District map are designated es historic buildings and the restrictions set forth concerning historic buildings, and the buildings adjacent to them, which are within the historic district, shall apply to each structure designated es a historic building. (Ord. 84-OR-100, passed 12-10-84) § 182.03 APPLICATION OF CITY ZONIN(~ CODE. The zoning regulations of the city are still in effect. If there is conflict between the zoning regulations and the requirements of a historic district, the more restrictive requirements apply. (Ord. 84-OR-34, passed 7-21-84) § 152.04 CER'r~-'iCATE OF APPROPRIAT.i::N"ESS REQU'/RED. (A) Application for a certificate of appropriateness may be made in the office of the Building Commissioner on forms provided by that office. Detailed drawings, plans, or specifications are not required. However, to the extent reasonably required for the Historic Board of Review to make a decision, each application must be accompanied by such sketches, drawings, photographs~ descriptions, or other information showing the proposed exterior alterations, additions, changes, or new construction. (B) Action on applications for certificate of appropriateness. (1) The Board may advise and make recommendations to the applicant before acting on an application for a certificate of appropriateness. (2) If an application for a certificate of appropriateness: is approved by the Board; or is not acted on by the Board; within 30 days after it is filed, a certificate of appropriateness shall be issued. If the certificate is issued, the application shall be processed in the same manner as application for building or demolition permits as required by the city, the applicant may proceed with the work authorized by the certificate, after approval by the Building Commissioner. (3) If the Board denies an application for a certificate of appropriateness within 30 days after it is filed, the certificate shall not be issued. The Board must state its reasons for denial in writing. Notice must be sent to the applicant at the address set forth on the application by regular mail. (4) The Board may grant an extension of the 30-day limit prescribed by division (B)(1) and (2) f.f the applicant agrees to it. (Ord. 84-OR-34, passed 7-21-84) Penalty, see § 152.99 I'I~tori~ D~ricts 51 § 152.08 CONSTRUCTION, F. ECONSTRUCTION OF BUILDINGS TO MEET VISUA~ COMPA'I'IBILI'IU (A) The construction of a new building or structure and the moving, reconstruction, alteration, or major maintenance conspicuously affecting the external appearance of any nonhistorical building that is adjacent to a historical building, structure, or appurtenance must be of a design, form, proportion, mass, configuration, building material, texture, and location on a lot compatible with historic buildings in the historic district (particularly with buildings designated as tgstoric) and with squares and places to which it is visually related. Streets and alleys shall not be considered to be boundaries as far as determining what is an adjacent piece of property with the exception of Spring Street which shall be determined to be a boundary to adjacent pieces of property. (B) Within the area of this historic district, new buildings, structures, and appurtenances that are moved, reconstructed, materially altered, or repaired must be visually compatible with any adjacent historic buildings, squares, and places to which they are visually related in terms of the following visual compatibility factors: (1) Height. The height of proposed buildings must be visually compatible with adjacent buildings. (2) Proportion of buflding's front facade. The relationship of the width of a building to the height of the front elevation must be v/sually compatible to buildings, squares, and places to which it is visually related. (3) PropOrtion of openings within the facilitY. The relationship of the width of the windows to the height of the windows in a building must be visually compatible with buildings, squares, and places to which they are visually related. (4) Rhythm of solids to voids in front facades. The relationship of solids to voids in the front facade of a bugding must be visUally compatible with buildings, squares, and places to which it is visually related. (5) Rhythm of spacing or buildings on streets. The relationship of a building to the open space betWeen it and adjoining buildings must be visually compatible with the buildings, squares, and places to which it is visually related. (6) Rhythm of entrances and porch projections. The relationship of entrances and porch projections to sidewalks of a building must be visually compatible to the buildings, squares, and places to which it is visually related. (7) Relationship ofmater~ texture, and color. The relationship of the materials, texture, and color of the facade of a building must be visually compatible with the predominant materials used in the buildings to which it is visually related. (8) Roof shapes. The roof shapes of a building must be visually compatible with the buildings to which it is visually related. (9) W~!~s of continuity. Appurtenances of a building, such as walls, wrought iron fences, 52 Je~emonv~ - Imnd U,m~e landscape masses, and building facades, must form cohesive walls of enclosure along with the street, if necessary, to insure visual compatibility of the building to the buildings, squares, and places to which it is visually related. (10) Scale of a building. The size of a building and the building mass of a building in relation to open spaces, windows, door openings, perches, and balconies must be visually compatible with the buildings, squares, and places to which it is visually related in its directional character, including vertical character, horizontal character, or nondirectional character. (11) Directional expression of front elevation. A building must be visually compatible with the buildings, squares, and places to which it is visually related in it directional character, including vertical character, horizontal character, and nondirectional character. (Ord. 84-OR-34, passed 7-21-84) Penalty, see § 152.99 § 152.06 MA~'z'~ANCE, ]~.OCATION, AND TH~ LIKE OF t~STOP/C BUILDINGS TO I~:~:T DEVELOPMENT STANDARDS. (A) A historic building or structure or any part of or appurtenance to such a building or structure, including stone walls, fences, light f'm'tures, steps, paving, and signs may be moved, reconstructed, altered, or maintained only in a manner that will preserve the historical and architectural character of the building, structure, or appurtenance. (B) A historic building may be relocated to another site only if it is shown to the Historic Board of Review that preservation on its current sffe is inconsistent with division (A) above. (C) Historic buildings shall be maintained to meet the applicable requirements established under statute for buildings generally. (Ord. 84-OR-34, passed 7-21-84) Penalty, see § 152.99 § 152.07 CHANGES TO IN'£~NAL DESIGN, AREAS NOT VISIBLE TO PUBLIC. This chapter shall not be ~onstrued to restrict the internal design of any residence or building; nor shall it be construed to restrict any penion of any residence or building which is not visible from a street, alley, sidewalk, waterway, or other area accessible to the public. This chapter shall not restrict any person or organization from planting, trimming, or removing a plant, flower, shrub, bush, or tree. (Ord. 84-OR-34, passed 7-21-84) § 182.20 HISTORIC BOARD OF RE'%,~w ESTABLISb~J, (A) There is estabSshed the Historic District Board of Review of and for the city. (B) The Board shall consist of seven voting members. These members shall be appointed by the Mayor, subject to the approval of the Common Council. (C) Voting members shall serve for a term of three years; however, to provide for staggered terms of the members, the initial terms of the members shall be as follows: (1) Two members for one year. (9.) Two members for two years. (3) Three members for three years. (D) The members of the Historic District Review Board shall be residents of the city and shall have demonstrated an interest in historic preservation. (E) Any vacancy shall be filled for the duration of the term of the member who is being replaced by the Mayor, (F) The Mayor may, with the approval of the Common Council, appoint such advisory members as deemed necessary. (G) The Historic District Review Board may act without the serv'~ces of an administrator. (H) Members of the Historic District Board of Review shall serve without compensation, but may be paid for reasonable expenses incurred in the performance of their duties. (I) The Board shall elect from its membership a chairman, vice chaff'man, and secretary who shall serve for one year and who may be reelected, however, these individuals shall not serve more than two consecutive terms in any one position. The Board shall adopt rules for the transaction of its business not inconsistent with this chapter. The rules must include the time and place of regular meetings and a procedure for the call of special meetings. All meetings of the Board must be open to the public and a public record shall be kept of the Board's resolutions, proceedings, and actions. (J) The Board shall hold regular meetings at least once a month, except when it has no business pending, at a time and place to be decided on by the Board, however, such meetings must be held within the city limits. (K) Each official of the city who has responsibility for building inspections, building permits, planning or zoning, shall provide technical, administrative, and clerical assistance as may be requested by the Board and when such assistance is feasible, subject to economic or time restraints. (Ord. 84-OR-34, passed 7-21-84) § 182.~.I POw~:~,~ AND DI~'£,,-:S OF BOARD. (A) The Historic Board of Review may adopt any bylaws as it may deem necessary for carrying out the powers and duties set forth in this section. (B) The Board shall conduct or have conducted a survey to identify historic buildings, structures, and places located within the city. 54 Je~en~mvme - ~ Ue~4~e (C) Based on its survey, the Board shall submit to the Common Council, for its approval, a map describing the boundaries of a historic district or districts. A district may be limited to a single building, structure, or site. The map may divide a district into primary and secondary areas. (D) The map setting forth the h/stori¢ district boundaries and building classifications must be submitted to, and approved by, the Common Council before the historic district is established and the building classifications take effect. The Board may conduct additional surveys, and draw and submit additional maps for approval of the legislative body, as it considers appropriate. (E) The Historic Board of Review shall issue a certificate of appropriateness before any one of the following actions is taken. (1) Demolition of any historic building or structure. (2) Moving a historic building. (3) Maldng changes in the exterior contours ofhistoric bufldings or bufldings that are adjacent to historic buildings by additions, reconstructions, alterations, changes of material, or by additions such as aluminum siding or sandblasting. (4) Any new construction adiacent 4o a historic building of a principal building, accessory building or structure and subject to view from a public street, changes in the streetscape, includ/ng radically altering pavement materials, curbs, walls, fences, walks, and lighting. (Ord. 84-OR-34, passed 7-21-84) § 15~..~ DECISIONS OF BOARD MAY BE APPEALED. A decision of the Historic Board of Review is subiect to judicial review under lC 4-22-1, if it was a decision of a state agency. (Ord. 84-OR-34, passed 7-21-84) § 15~..~.3 ADMISSION S'I'A'I'US. An applicant for ad--ion to a historic district may apply for admittance in either one of the following ways: (A) Regular status admission that grants all the protections of and places all restrictions on adjacent properties as provided by the original historic district ordinance. (B) Singular status admission that places only the properties admitted to the historic district under the restrictions of the original historic district ordinance and does not place any restrictions on adjacent properties. (Ord. 86-OR-7, passed 5-5-86) Historic Districts 55 § 152.99 AUTHOP/TT TO I~OD']KE GI~TA~N WOP, K TO BE ~O~. A ~n who: ~ues a ~t or ~ work ~ ~olation' of th~ chapter; moves, r~o~t~cts, ~tem, or ~ a ~o~c b~g or ~y st~ct~e ~t~ ~he ~o~c ~c~ bound~es ~ ~olation of ~ ~52.~; demo~ ~y b~g ~ the ~o~c ~t~ct ~ ~olation of ~ 152.21; f~ to ~t~ a ~to~c b~g ~ r~ ~ ~ 1 ~2.06; ~do~ ~y co~t~ction, r~o~t~ction, mo~g, ~temtbn, ~jor ~te~ce, or re~ ~ ~o~tion of ~ 152.05(A); ~do~ ~y correction, r~onst~ction, mo~g, ~temfion, re~ or color ch~ge ~ ~o~tion o~ 152.05(B); or ~olates t~ chapter, ~y ~ order~ by ~e CiW B~g Co~ioner, ~d ~y co~ ha~g junction, to undo ~y ch~ges that were ~de ~thout a ce~cate of approp~tene~. (Ord. ~-OR-~, ~ ~-21-~) § 152.99 PENALTY. It shall be unlawful to carry out any act for which a certificate of appropriateness is required without first acquiring the certificate. Any person, group, company, or corporation who acts in such an unlawful manner may be fined a sum not to exceed $2,500 for each act. (Ord. 84-OR-34, paSSed 7-21-84) 56 J~ - L~I U~ge CI-L~P'r~:~ 1~.~: HOUSING OODE; $~UM ~i~EARA~OE Section 153.001 153.002 153.003 153.004 153.005 153.006 153.007 153.008 Adoption of housing code Title Purpose Scope; application Del'tuitions General responsibilities of owner or occupant Lodging or rooming house; permit required Stricter provisions shall prevail 153.020 153.021 153.022 153.023 153.024 153.025 153.026 153.027 153.028 Minimum standards required Water closets; lavatories; bathtubs or showers Kitchen sink Water and sewer system Garbage, rubbish disposal facilities or containers Water heating facilities Means of egress Removal of unsafe, uusanitary dwellings, fences, and outbuildings Storage of automobiles, trucks, and other vehicles and Heating 153.040 153.041 153.042 153.043 153.044 153.045 153.046 153.047 Minimum standards required Windows, skylights Bathrooms, water closets Floor or wall type electric convenience outlets Heating facilities Public halls, stair ways Door openings, screens Basement, cellars 153.060 Proper installation, satisfactory worldng condition of facflity, equipment, or utility required 153.061 Shutting off services prohibited; temporary interruption for repairs 153.062 Compliance with requirements 153.063 Foundation walls 153.064 Dwelling units to be watertight, weathertight, and rodent-preef 57 58 Je~er~nvflle - L~:I U~e 153.065 Gutters, downspouts 153.066 Stairways, porches, and the like 153.067 Water upon roof for cooling purposes prohibited 153.068 Chimneys, smoke pipes, and the like 153.069 Protective coating of exterior surfaces required 153.070 Plumbing fixtures, water pipes, and drains 153.071 Floor surfaces to be kept clean !W~timum Spsc~ Coiling Hsight, and U~e Roqulrera~ 153.080 Compliance 153.081 Floor space 153.082 Floor area 153.083 Cellar, basement space 153.084 Access to bathrooms, water closets 153.095 Established; appointment 153.096 Hearings; written petition required 153.097 Sustaining, modifying, or withdrawing notice; suspension of perm/t 153.098 Findings and decision of Board to become public ~'ecord 153.110 Enforcement officer 153.111 Inspection author/ty 153.112 Notice of violation 153.113 Situation deemed emergency; urgent action; hearing 153.114 Technical assistance 153.116 Unfit dwellings; procedure for correction 153.999 Penalty O'I:;IV.~;~ PROVISION5 § 183.001 ADOPTION OF HOUSINa CODE. (A) There is hereby set forth in full in this Chapter 153 Ordinance 68-OR-4, passed April 1, 1968. Copies of this chapter are on file in the office of the Clerk-Treasurer for public inspection. (B) Whenever in this Chapter 153 the context dictates that the terms contained in, or the meaning of a section heading to any section or division thereof be used to interpret the meaning of that section or division, it is hereby declared by the Common Council that the same shall be done. (C) The housing cede as it appears in this Chapter 153 is a restatement or reenactment of Ordinance 68-OR-4 passed by the Common Council on April 1, 1968. ('77 Code, § 10-1) Cods; Slum Cle~ance 59 § 153.00~ 'rn',.~-. The provisions embraced within the following sections shall constitute, and may be cited as, The Housing and Slum Clearance Code of the city. ('77 Code App. B, § 1) § I~%003 PURPO,~. The purpose of this code is to protect the public health, safety, and welfare in buildings used for dwelling purposes as hereinafter provided by: (A) Establishing minimum standards for basic equipment and facilities for light, ventilation, space heating and sanitation; for safety from fire; for space, use and location; and for safe and sanitary maintenance; for cooking equipment in all dwellings and multi-family dwellings now in existence. (B) Fixing the responsibilities of owners, operators, and occupants of dwellings and multi-family dwellings. (C) Providing for administration, enforcement, and penalties. ('77 Code App. B, § 2) § 18,3.004 SCOPE; APPLICATION. Every building used in whole or in pan as a dwelling unit or as two or more dwelling units, or as a rooming or boarding house, shall conform to the requirements of this code irrespective of the primary use of the building, and irrespective of when the building may have been constructed, altered, or repaired; and every building structure and place, shall be subiect to its health and safety requirements. ('77 Code, App. B, § 3) Penalty, see § 153.999 § 155.005 D~ll~rrlOl~. For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning. Whenever the words, D~'.e;IJ.4~G, D~,.e;aA/NG ~ .~OO./%4~rO~HO/.;'~ .~OO./~l~r~ Ul¥?/'or .P~ are used in this chapter, they shall be construed as though they were followed by the words, "or any part thereof'. ~ A portion of the building partly underground but having less than half its clear height below the average grade of the adjoining ground. .~D'I/~DINGI/%'$P~C'i"O/~. The Chief Building Commissioner of the city or his authorized representative. c~',.r.~2% That portion cfa building located partly or wholly underground and having more than half its clear floor-to-ceiling height below the average grade of the adjoining ground. ~"]'ll.~-' OF.,-'~D.~P.~IfTIt'II~IT. The Chief of the Fire Department of the city or his authorized representative. 60 Je~emonv~le - Land Usage ~ OF POLI(Y~ D.~.F~RTb~". The Chief of the Police Department of the city or his authorized representative. DORb~FORZ. A building arranged or used for lodging six but net mere than twenty individuals and having common toilet and bathroom facilities. D~,'z:aJ~G. Any building which is wholly or partly used or intended to be used for living or sleeping by human occupants; provided that temporary housing as hereinafter defined shall not be regarded as a dwelling. D~.ea,AIN~ U/V/'/'. Any portion of a build/rig used, intended, or designated as a separate abode for a family or used or intended to be used for living, sleeping, cooking, or eating. K'r.K'~"'/'R/C,~5 .~R. The Chief Building Comn'dssioner, electrical inspector, deputy inspectom, or their authorized representatives. ENFO.~'~3'/EN~ OFF/~"E~. The Chief Building Commissioner of the city or his representative and shall include the Director of the Department of Redevelopment or his authorized representative in any urban renewal area. ~-'XTh~./t,fl~T/ON. The control and elimination of infestation by eliminating harboring places, removing or making inaccessible materials that may serve as food, and pest control by poisoning, spraying, trapping, fumigation by fumigator or any other recognized, legal, effective pest elimination procedure. C,~V~. The animal and vegetable waste resulting from the handling, preparation, cooking, and consumption of food. HAB/T.~BLE/~OO/~ A room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet compartments, laundries, pantries, foyers, or communicating corridors, closets, and storage spaces. /'/F-.&5~/'/OFF/C/~. The legally designated health authority of the Clark County Board of Health, or his authorized representative. HOT,--',.. Includes buildings or groups of buildings under the same management in which there are more than ten sleeping accommodations for hire, primarily used by transients who are lodged with or without meals, whether designated as a hotel, club, or motel, or by any other name. So-called apartment hotels shall be classified as hotels because they are potentially subject to transient occupancy like that of hotels. ~TATIO. N. The presence of household pests, vermin, or rodents within or around the dwelling. IVIULT~LED~,Ii~I2]VGorAPARTI~EAnfHOUSE. Any dwelling containing more than two dwelling units. O~]P.~v'f. Any person living, sleeping, cooking, or eating in, or having actual possession of, a dwelling unit or rooming unit. 61 OP. EI~tTO. P.. Any person who has charge, care, or control Of a building, or part thereof, in which dwelling units or rooming units are let, ~ The holder of the title in fee simple and any person, group of pemons, company, association, or corporation in whose name tax bills on the property are submitted. It shall also mean any person who, alone or jointly or severally with othem: (1) Shall have legal title to any dwelling or dwelling units, with or without accompanying actual possession thereof, or (2) Shall have charge, care, or control of any dwelling, or unit, as owner or agent of the owner, or as executor, executrix, administrator, administratri~ tnmtee or guardian of the estate of the owner. Any person thus representing the actual owner shall be bound to comply with the provisions of this chapter, and of rules and regulations adopted pursuant thereto, to the same extent as if he were the owner. It is his responsibility to notify the actual owner of reported infractions of these regulations pertaining to the property which apply to the owner. PLU~HIN~. Includes all of the following supplied facilities and equipment; gas pipes, gas-burning equipment, water pipes, garbage disposal units, waste pipes, water closets, sinks, lavatories, bathtubs, shower baths, catch basins, drains, vents, and any other similar supplied fixtures, together with all connections to water, sewer, or gas lines. PLU/t,I~/IV~/AW~ECTO/~. The Chief Building Commissioner, Plumbing Inspector, Deputy Inspectom, or their authorized representatives. ROO/l~G'or LOnG~HOUSE, Any dwelling or that part of any dwelling containing one or more rooming units, in which space is let by the owner or operator to three or more pemons who are not husband or wife. son or daughter, mother or father, or sister or brother of the owner or operator. ROO/t~IING UN/TS. Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes. .~OO/t,IIA~G UN/'/~. Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes. RU/~IE~/or/~:rJ2:ac Combustible and nonc°mbustible waste materials, except garbage, and the term shall include the residue froTM the burning of wood, coal, coke, and other combustible material, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery, and dust. Paid for, furnished, or provided by, or under the control of, the owner or operator. TEIV~O~HOUS~G. Any tent, trailer, or other structure used for human shelter which is designed to be transportable and which is not attached to the ground, to another structure, or to any utilities system on the same premises for more than 80 consecutive days. ('77 Code, ApP. B, § 4) 62 JeEemom,'~te - I.,and § 1~.00~ GEI~.~L P,P_,SPONfIBIIu'r~$ OF OWl~l~ OR OCCUPANT. (A) h shall be the duty of beth the owner and the occupant or inhabitant of any building, dwelling, or dwelling unit, within their respective spheres of responsibility as specified below, to keep the interior and exterior of the building, dwelling, or dwelling unit, including its premises, yards, lawns, and courts clean, clear, and free of any accumulations of dirt, junk, filth, rubbish, garbage, debris, combustible materi~t~ or excessive growing of weeds or grass, or similar matter, which are conducive to rodent, vermin, or insect infestation, or conditions conduc/ve to spread of fire or disease; and the sarae duty shall rest upon the owner of any vacant lot. (B) Every owner of a dwelling containing two or more dwelling units shall be responsible for maintaining a clean and sanitary condition in the shared or public area of the dwelling and premises thereof. (C) Every occupant of a dwelling unit shall keep, and upon depar[ure leave, in a clean and sanitary condition that part of the dwelling unit and premises thereof, which he occupies and controls or which is provided for his particular use. (D) Every occupant of a dwelling or dwelling unit shall dispose of all his garbage and any other organic waste which might provide food for rodents and all rubbish in a clean and sanitary manner, by placing it in the garbage disposal facilities or garbage or rubbish storage containers as required by § 153.024 of this chapter. (E) Every owner of a dwelling or dwening unit shall, before renting or sub-letting the dwelling units, provide serviceable screens whenever the same are required under the provisions of this chapter and shall replace the screens when necessary due to deterioration through normal fair wear and tear. Every occupant of a dwelling or dwelling unit shall be responsible for maintaining the screens in good sen4ceable condition, excluding deterioration through normal fair wear and tear. (F) Every occupant of a dwelling or dwelling unit shall be responsible for the extermination of any insects, rodents~ or other pests there'm or on the premises, notwithstanding the foregoing provisions of tl'ds section. Whenever infestation is caused by failure of the owner to maintain a dwelling in a ratproof or reasonable insectproof condition, extermination shall be the responsibility of the owner. (G) Every occupant of a dwelling unit shall keep all plumbing fm'tures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof. (H) No person shall occupy or let to any other person for occupancy any vacant dwelling or dwelling unit unless it is clean, sanitary, and fit for human occupancy. If, in the opinion of the Director of Health, or the Director of Housing, or any authorized enforcing offzcer of the city, a dwelling or a dwelling unit has been erected, altered, or occupied contrary to law or if a dwelling with contagious disease (or is dangerous to life or health by reason of want of repair or defects in drainage, plumbing, ventilation or construction) or by reason of the existence on the premises of a nuisance, the Director of Health or the Director of Housing or the duly authorized enforcing officer of the city may require aH persons to vacate the dwelling or dwelling unit within not less than 24 hours or more than ten days for the reasons set out in their order. In case that order is not complied with, the Director of Health or the Director of Hous'mg or any duly authorized enforcing officer of the city may cause the dwelling or dwelling units to be vacated until the time as the condition upon which the order is based has been corrected. ('77 Code, App. B, § 12) Penalty, see § 153.999 § 11~.007 ~ODG'IN(I OR ROOMII~IO HOUSE; PERMI? REOUIRED. (A) Except as otherwise provided in this section, §§ 153.006(F), 153.022, and 153.083(B), no person shall operate a rooming and lodging house or shall occupy or let or sub-let to another for occupancy any rooming unit in any rooming or lodging house Which does not meet with all other requirements of this chapter. (B) No person shall operate a rooming or lodging house unless he holds a valid rooming or lodging house license issued by the city in the name of the operator and for the specific dwelling or dwelling unit. The operator shall apply to the Bureau of Buildings for a permit as a requisite to issuance of the license, and shall pay to the Clerk-Treasurer at the time of making application for the permit, a fee of $10. Upon the payment of $10 annual fee, a license to operate a lodging or rooming house will be issued by the Clerk-Treasurer to a holder of an approved permit. The license together with the other information as required by state law shall be displayed in a conspicuous place within the rooming and lodging house at all times. No license shall be transferable. Every person holding a license shall give notice in writing to the issuing department witkin ten days after having sold, transferred, given away or otherwise disposed of ownerShip of interest in or control of the rooming or lodging house. Rooming and lodging house licenses expire as of December 31 of each year, unless sooner suspended or revoked as hereinafter provided. (C) Any perSon whose appliCatiOn for a permit to operate a rooming or lOdging house has been denied may request a hearing on the matter before the Board of Public Works and Safety. (D) Whenever upon inspection of any teeming or lodging house the Enforcement Officer finds that conditions or practices exist which are in violation of any provision of this chapter, or of any rule or regulation adopted pursuant thereto notice shall be given in writing to the operator of the rooming or lodging house that unless conditions or practices are corrected within a reasonable period to be determined by the Enforcement Officer, revocation of the operator's rooming Or lodging house license will be recommended to the Board of Public Works and Safety. At.the end of the period the Enforcement Officer shall reinspect the rooming or lodging house and ifhe finds that the conditions or practices have not been corrected, he shall file with the Board of Public Works and Safety a written recommendation that the operator's rooming or lodging house license be revoked, stating the reason therefor. (1~) At least one flush water closet and one lavatory basin properly connected to a water and sewer system shall be supplied for each eight persons or fraction thereof residing within a rooming or lodging house, including members of the operator's family whenever they share the use of the facilities; provided that in a rooming or lodging house where rooms are let only to males, flush urinals may be substituted for not more than one-half the required number of water closets. All facilities shall be so located within the dwelling as to be reasonably accessible from a common hall or passageway to all persons sharing the facilities. Every lavatory basin shall be supplied with hot and cold water at all times. (F) At least one bathtub or shower, properly connected to a water and sewer system shall be supplied for each eight persons or fraction thereof residing within a rooming or lodging house, including members of the operator's family, whenever they share the use of the facilities. All facilities shall be located within the dwelling as to be reasonably accessible from a common hall or passageway to all 64 Je~sonville - Land Usage persons sharing the facilities. Every bathtub or shower shall be supplied with hot and cold water at all (G) The operator of every rooming and lodging house shall change supplied bed linen and towels therein at least once each week, and prior to the letting of any room to any occupant. The operator shall be responsible for the maintenance of all supplied bedding in a clean and sanitary manner. (H) Every room occupied for sleeping purposes shall contain at least 70 square feet of floor space, and every room occupied for sleeping purposes by more than one person shall contain at least 50 square feet of floor space for each occupant thereof. (I) Every sleeping room above the street floor shall have access to two separate means of exit, at least one of which shall cons~t of an enclosed interior stairway, or an exterior stairway, or a [].re escape or horizontal exit, also arranged as to provide a safe path of travel to the outside of the building without reversing any corridor or space exposed to an unprotected ve~ical opening, except that traversing unprotected vertical openings may be permitted in existing sprinkler equipped buildings. (J) Any sleeping room below the street floor shall have direct access to the outside of the building. (K) The operator of every rooming or lodging house, hotel er motel shall be responsible fer the sanitary maitenance of all walls, floors, and ceilings, and for maintenance of a sanitary condition in every other part of the rooming or lodging house; and he shall be further responsible for the sanitary maintenance of the entire premises where the entire structure or building is under the control of the operator. ('77 Code, App. B, § 13) Penalty, see § 153.999 § 153.008 STRI(~'£~ PROVISIONS SHALL PREVAIL. In any case where a provision of this chapter is found to be in conflict with a provision of any zoning, building, plumbing, electric, heating, ventilation, fire, or safety code of the city, existing on the effective date of this chapter, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail. ('77 Code, App. B, § 16.2) § 163.0~.0 ~ STANDARDS No person shall occupy as owner-occupant, or let to another for occupancy, any dwelling unit for the purpose of living, sleeping, cooking, or eating therein which does not comply with the following requirements. ('77 Code, App. B, § 8) Penalty, see § 153.999 § 183.0~1 WA'£~.u~ CLOSETS, LAVATORIES; BATHTUBS OR SHelverS. (A) Every dwelling unit shall contain within its walls, a room, separate from the habitable rooms, which affords privacy and which is equipped with a water closet. ('77 Code, App. B, § 8.1) 65 (B) Every dwelling unit shall cOntain a lavatory, which, when a closet is required, shall be in the same room with the water closet. ('77 Code, App. B, § 8,2) (C) Every dwelling unit shall contain a room which affords privacy to a person in the room and which is equipped with a bathtub or shower. ('77 Code, App. B, § 8.3) Penalty, see § 153.999 § I~.0~2 '~"£Gw~IEN ~ Every dwelling unit shall contain a kitchen sink apart from the lavatory required. ('77 Code, App. B, § 8,4) Penalty, see § 153.999 Every kitchen sink, lavatory, basin, bathtub, or shower and water closet required under the provisions of this subchapter, shall be properly connected to either a public water and sewer system or to an approved private water and sewer system. All sinks, lavatories, bathtubs, and showers shall be supplied with hot and cold running water. ('77 Code, App. B, § 8.5) Penalty, see § 153.999 § 183.0~4 GARBAGE, RUBBISH DI~POSAB PACrr.,r~:S OR COI~ITAINERS. Every dwelling unit shall have adequate serviceable garbage and rubbish disposal facilities or covered garbage storage containers of not more than 20-gallon capacity, verminproof, complete with lids. All trash containers shall be kept m an inconspicuous location, such as rear yards. Further, the containers shall be set out for trash collection only on days designated by the Sanitation Department. ('77 Code, App. B, § 8.6) Penalty, see § 153.999 § 155.015 WA'r~.m~ PLEATING FACILn',,-:S. Every dwelling shall have supplied water heating facilities which are properly connected with the hot water lines required under the provisions of § 153.023 of this chapter, and are capable of heating water to a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub, or shower at a temperature of not less than 120°F. ('77 Code, App. B, § 8.7) Penalty, see § 183.999 § 153.026 MEANS OF EGRESS. Every dwelling unit shall have safe unobstructed means of egress leading to safe and open space at ground level. ('77 Code, App. B, § 8.8) Penalty, see § 153.999 Ie~e - Land Usage § 165.0~7 REMOVAL OF UNSAFE, UNSANITARY Dw,-:,.LINGS, FENCES, AND OD'r~UILDINaS. All dwellings, fences, and outbuildings in a dilapidated or unsafe condition shall be removed or repaired. All sheds and au~]f~7 structures attached to dwellings which create blind rooms or which overcrowd the land shall be removed. All yard structures, privies, fences, and rubbish which obstruct light and air, harbor rats and vermin and create an undesirable environment shall be removed. ('77 Code, App. B, § 8.9) Penalty, see § 153.999 § 153.028 S~:)RAGE OF AU'I'OMOB~, TRUCKS, AND O~IER VEHICLES. (A) Automobiles, trucks and other vehicles of a similar nature, not in use shall not be stored in yards or on the premises in or about any dwelling, specifically junk automobiles shall not be deposited and kept in yards, either front, rear or side of any dwelling, or place of business unless a permit for the storage has been issued and the property has been zoned in a classification permitting the use. (B) If a vehicle remains unused and unlicensed for a period of 30 days in any yard, it shall be prima facie evidence that the vehicle is an unused vehicle and in violation of division (A). ('77 Code, App. B, § 8.10) Penalty, see § 153.999 § 153.040 MINIMUM STANDARDS I~OUIltED. No person shall occupy as owner-occupant or let or sub-let to another for occupancy any dwelling, dwelling unit or rooming unit, for the purpose of living therein, which does not comply with the following requirements. (,77 Code, App. B, § 9) Penalty, see § 153.999 § 153.041 w~/'DOWS, SK~IGHTS. (A) Every habitable room shah have at least one window or skylight facing directly to the outdoors. The rrdnirnum total window area, measured between stops, for every habitable room shall be 10% of the floor area of the room; except that whenever walls or other portions of structures face a window of any room and the light-obstruction structures are located less than three feet from the window and extend to a level above that of the ceiling of the room, the minimum total window area, measured between stops, shall be 12% of the floor area of the room whenever the only window in a room is a skylight type window in the top of the room. the total window area of the skylight shall equal at least 10% of the total floor area of the room. ('77 Code, App. B, § 9.1) (B) Every habitable room shall have at least one window or. skylight which can easily be opened, or a device as will adequately ventilate the room. The total of the openable window area in every habitable room shall be equal to at least 50% of the rrdnLmum window area size or minimum skylight-type window size, as required in division (A) of this section except where there is supplied some other device affording adequate ventilation or lighting approved by the Enforcement Officer. ('77 Code, App. B, § 9.2) Penalty, see § 153.999 Hou~ng ~:ie~ Slum C~aran~e 67 § 183.04~ BATI.~OOM~. WA'rr.~ CLOSETS. Every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable room contained in § 153.041 exeept that no window or skylight shall be required in adequately ventilated bathrooms and water closet compartments equipped with a ventilation system which ls kept in continuous operation and approved by the Enforcement Officer. ('77 Code, App. B, § 9.3) Penalty, see § 153.999 § 15~.045 FLOOR OR W~,T.T. 'I'~PE ~.EC'I'RIC CONVENIENCE OUTLETS. Every habitable room of a dwelling shall contain at least two separate and remote floor-or-wall-type electric convenience outlets, or one convenience outlet and one supplied ceiling-type electric light fixture; and every water closet compartment, bathroom, laundry room, furnace room, and pubiic hall shall contain at least one supplied ceiling- or wall-type electric light fixture. Every outlet and fixture shall be properly installed, shall be msintained in good and safe working condition, and shall be connected to the source of electric power in a safe manner. ('77 Code, App. B, § 9.4) Penalty, see § 153.999 § 153.044 HEAT/NG FAC1Ln'~.~. Every dwelling and multi-family dwelling shall have heating facilities and the owner of the heating facilities shall be required to see that they are properly installed, safely maintained and in good working condition, and that they are capable of safely and adequately heating all habitable rooms, bathrooms, and toilet rooms located therein, to a temperature of at least an average of 70°F. with an outside temperature of -10°. The owner shall maintain a minimum average room temperature of 70°F. in all habitable rooms including bathrooms and toilet rooms at all times on the basis of -10° outside. ('77 Code, App. B, § 9.5) Penalty, see § 153.999 § 158.045 PUBLIC HALLS, ST~w,,~$. (A) Every public hall and stairway in every multiple dwelling containing three or more dwelling units shall be adequately lighted at all times. (B) Every public halls and stairway in structures devoted solely to dwelling occupancy and containing not less than three dwelling units, when not provided with electrically controlled time clock, shall have an adequate lighting system which may be turned on when needed instead of full-time lighting. ('77 Code, App. B, § 9.6) Penalty, see § 153.999 § 153.046 DOOR OPENINGS, SCI~':~':~S. Every door opening directly from a dwelling unit to outdoor space shall have supplied 14 x 18 mesh wire screens or equivalent, and a self-closing device (at least a spiral spring) and every window and other device with openings to outdoor space, used or intended to be used for ventilation, shall likewise be supplied with screens; provided that screens shall not be required for openings to outside for continuous ventilation system as required in § 153.042. ('77 Code, App. B, § 9.7) Penalty, see § 153.999 68 Je~ville - Land Usage § 1~3.047 ~, Every basement or cellar window used or intended to be used for ventilation, and every other opening to a basement which might provide an entry for rodents shall be supplied with a screen or other device as will effectively prevent their entrance. ('77 Code, App. B, § 9.8) Penalty, see § 153.999 ~ ~WAV/T~TI'~ Oi~ Dr/r~MIVG5, D~r, mLING UAT/~ § 1~3.060 PROPER INSTAI/~TION, SATISFACTORY WORKING OONDITION OF FACILITY. EOUIPMENT. OR UTILiTr RNOUIRED. Every supplied facility, piece of equipment, or utility which is required under this chapter shall be properly installed, shall be approved by the appropriate department, and shall be maintained in a safe and satisfactory working condition. ('77 Code, App. B, § 10A) Penalty, see § 153.999 § 183.061 .~G O1~ $~VICES PROI-llI~rrr.~; 'r~VlPORARY I~'r~,RUPTION i~R RSPAIRS. (A) No owner or occupant shall willfully cause to be removed from, shut off from, or discontinued for any occupied dwelling let or occupied by him any service, facility, equipment, or utility which is required under this chapter, except for such temporary inten-uption as may be necessary while actual repairs or alterations are in process, or during temporary emergencies when discontinuance of service is approved by the enforcement officer. ('77 Code, App. B, § 10.2) (B) Every supplied facility, piece of equipment, or utility required in this chapter shall be maintained in a safe and satisfactory working condition. No owner or occupant shall cause any service, facility, equipment, or utility required in this chapter to be removed from or discontinued for any occupied dwelling or dwelling unit except for such temporary interruption as may be necessary while actual repairs, replacements, or alterations are in process. ('77 Code, App. B, § 10.13) Penalty, see § 153.999 § 185.062 COMPLIANCI=.. Wn'14 RSQ~S. No person shall occupy, or let to another for occupancy, any dwelling or dwelling unit for the purpose of living, sleeping, cooking, or eating therein, which does not comply with the following requirements and which has been declared in violation by an inspector upon inspection and based upon a written order. ('77 Cede, App. B, § 10.3) Penalty, see § 153.999 69 § 183.063 FOUNDATION WALI~S. All foundation w'~11~ shall be structurally sound, reasonably rodent-proof, and maintained in good repair. Foundation walls shall be considered to be so if they are capable of bearing imposed loads and are not deteriorated. ('77 Code, App. B, § 10.4) Penalty, see § 183.999 § 183.064 Dwr..~.,ING ~ YO BE WA'rr.~TIGHT, w~'I'HERTIGHY, AND RODENT-PROOF. Every dwelling unit shall be reasonably watertight, weathertight, and rodent-proof. Floors, walls, ceilings, and roofs shall be capable of affording adequate shelter and privacy and shall be kept in good repair. W'mdows and exterior doors shall be reasonably weathertight, watertight, and rodent-proof and shall be maintained in good working condition. All parts of the structures that show evidence of rot or other deterioration shall be repaired or replaced. ('77 Code, App. B, § 10.5) Penalty, see § 153.999 § 183.068 G'U'~I'~c;ttS, DOWNSPOUTS. Every roof of a dwelling or dwelling unit shall be equipped with adequate gutters and downspouts capable of carrying off normal rainfall and such roof guttem and downspouts shall be kept in good repair and free of obstruction. ('77 Code, App. B, § 10.6) Penalty, see § 153.999 § 183.066 STAll, WAYS, PORCHES, AND THE LIKE. Every inside and outside stairway, porch, and every appurtenance thereto, shall be maintained in a safe condition and be capable of supporting loads which normal use may nnpose. ('77 Code, App. B, § 10.7) Penalty, see § 153.999 § 183.067 WA'i'~:~ UPON ROOF FOR COOLING PUP, POSES PROH~BI'r~-'~. Water shall not be allowed to stand on any roof for cooling purposes. ('77 Code, App. B, § 10.8) Penalty, see § 153.999 § 183.068 CHIMNEYS, SMOKE PIPES, AND ?HE LIXE. Every chimney and smoke pipe and all flue and vent attachments thereto, shall be maintained in such condition thal there will be no leakage or backing up of smoke and noxious gases into the dwelling. ('77 Code, App. B, § 10.9) Penalty, see § 153.999 7O Je~onv~ - Land Usage § 153.069 PRO'I'SC'I'IVE COA'I'IN~ OF ~-'-'r~;~/OR SUP, FACES I~OUIRED. All exterior surfaces subject to deterioration shall be properly maintained and protected from the elements by paint or other approved protective coating applied in a workmanlike fashion. ('77 Code, A~p. B, § 10.10) Penalty, see § 153.999 § 15~.070 PLUMBING ~,~'ru'l~S, WA'£r.~ PIPES, AND DRAINS. Every plumbing fixture, water pipe, waste pipe, and drain shall be maintained in good sanitary working condition free from defects, leaks, and obstructions. ('77 Code, App. B, § 10.11) Penalty, see § 153.999 § 15~.071 FLOOR SURFACES TO BE KEPT CLEAN. The floor surface of every water closet compartment, bathroom, and shower room shall be maintained so as to be reasonably impervious to water and so as to permit such floor to be easily kept in a clean and sanitary condition. ('77 Code, App. B, § 10.12) Penalty, see § 153.999 § 153.080 COMPLIANCE. No person shall occupy, let or sub-let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein; which does not comply with the following requirements contained in this subchapter. ('77 Code, App. B, § 11) Penalty, see § 153.999 § 153.081 FLOOR SPACE. (A) Every dwelling unit shall contain at least 150 square feet of floor space for the fu"st occupant thereof and at least 100 additional square feet of floor space for every additional occupant thereof, the floor space to be calculated on the basis of total habitable room area. ('77 Code, App. B, § 11.1) (B) In every dwelling unit every room occupied for sleeping purposes by an occupant (except as indicated in § 153.083(B)) shall contain at least 70 square feet of floor space, and every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floor space for each occupant thereof. ('77 Code, App. B, § 11.2) Penalty, see § 153.999 § 153.0~ FLOOR AREA. At least one-half of the floor area of every habitable room shall have a ceiling height cf at least seven feet, and the floor area of any room where the ceiling height is less than five feet shall not be considered as a part of the floor area in computing the total floor area Of a room for the purpose of determiningghe maximum perm.k~ible occupancy thereof. ('77 Code, App. B, § 11.3) Penalty, see § 153.999 (A) No cellar space shall be used as a habitable room or dwelling unit. ('77 Code, App. B, § 11.4) (B) No basement space shall be used as a habitable room or dwelling unit unless the following requirements are met. (1) The floor and w~!!~ are irnpervious to leakage of underground and surface runoff water and are insulated against dampness; (2) The total window area in each room is equal to at least the minimum window area sizes as required in § 153.041(A). (3) Such required minimum window area is located entirely above the grade of the ground adjoining such window area. (4) The total openable window area in each room is equal to at least the minimum as required under § 153.041 (B), except where there is supplied some other device affording adequate ventilation and approved by the appropriate official. ('77 Code, App. B, § 11.5) Penalty, see § 153.999 § 158.084 ACCESS TO BATHROOMS, WA'r~;K CLOSETS. No dwelling or dwelling unit containing two or more sleeping rooms shall have such room arrangements that access to a bathroom or water closet compartment intended for use by occupants of more than one sleeping room can be had only by going through another sleeping room, nor shall room arrangements be such that access to a sleep/ng room can be had only by going through another sleeping room or a bathroom or water closet compartment. ('77 Code, App. B, § 11.6) Penalty, see § 153.999 HOUSING ~PE~$ BOARD § 158.095 ESTABLISI-n:~: APPOINTMENT. The municipality shall appoint and establish an Appeals Board of five persons, qualified by education and experience in the building profession who shall have the duty, responsibility, and authority to decide the matters referred to them. ('77 Code, App. B, § 7.1) 72 Je~sonvFlle - Land Usage § 155.098 I-IF_.,AP, INGS; wKn"n~N' P,-.'TrrlON ttE-O~. Any person affected by any notice which has been issued in connection with the enforcement of any provision of this chapter, or of any rule and regulation adopted pursuant thereto may request and shall be granted a hearing on the matter before the Appeals Board, provided, that such pemon shall file in the office of the Enforcement Officer a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within ten days after the day the notice was served. Upon receipt of such petition the Appeals Board shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than ten days after the day on which the petition was filed; provided that upon application of the petitioner the Appeals Board may postpone the date of the hearing for a reasonable time beyond such ten-day period if in its judgment the petitioner has submitted a good and sufficient reason for such postponement. ('77 Code, App. B, § 7.2) § 183.097 SUSTAINING, MODIFYING, OR wA','A4DRAwuqG NOTICE; SUSPENSION OF PERMIT. After such hearing the Appeals Board shall sustain, modify, or withdraw the notice, depending upon its finding as to whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been complied with. If the Appeals Board sustains or modifies such notice, it shall be deemed to be an order. Any notice served pursuant to § 153.112 shall automatically become an order if a written petition for a hearing is not filed in the office of the Enforcement Officer within ten days after such notice is served. After a hearing in the case of any notice suspending any permit required by this chapter or by any other rule or regulation adopted pursuant thereto, when such notice has been sustained by the Appeals Board the permit shall be deemed to have been revoked. Any such permit which has been suspended by a notice shall be deemed to be automatically revoked if a petition for hearing is not filed in the office of the Enforcement Officer within ten days after such notice is served. ('77 Code, App. B, § 7.3) § 155.0~8 FINDINGS AND DECISION OF BOAP/) TO BEGOMEPUBLIC I~ECOI{D. The proceedings at such hearing, including the findings and decision of the Appeals Board, shall be summarized, reduced to writing, and entered as a matter of public record in the office of the Enforcement Officer. Such record shall also include a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of the Appeals Board may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this state. ('77 Code, App. B, § 7.4) § 153.110 ENFOR~ 01~"l~h;~. The primary responsibility and authority for the enforcement of provisions of this chapter shall be vested in the Building Commissioner, the Fire Department Bureau of Fire Prevention, the Health Department, and the Police Department of the city. The Director of the Department of Redevelopment shall have vested authority in enforcement within any urban renewal area. ('77 Code, App. B, § 6.1) Housin~ Code; Slum Clearance 73 § 153.111 ]NSPE'C'I'ION AUTHORI'IS'. (A) The Enforcement Officer is hereby authorized and directed to make inspections to determine the condition of dwellings, dwelling units, rooming units, buildings, and premises, located within the city in the interest of safeguarding the health and safety of the occupants of dwellings and of the general public. For the purpose of making such inspections, the Enforcement Officer is hereby authorized to enter, examine, and survey at all reasonable times all dwellings, dwelling units, rooming units, buildings, and premises. The owner or occupant of every dwelling, dwelling unit, rooming unit, or building, or the person in charge thereof shall give the Enforcement Officer free access to such dwelling, dwelling unit, rooming unit, or building and its premises, at all reasonable times for the purpose of such inspection, examination, and survey. Every occupant of a building, dwelling, or dwelling unit shall give the owner thereof, or his agent or employee, access to any pan of such building, dwelling, or dwelling unit, or its premises, at all reasonable times for the purpose of improving or making such repan's or alterations as are necessary to effect compliance with the provisions of this chapter or with any lawful rule or regulation adopted pursuant to the provisions of this chapter. ('77 Code, App. B, § 5.1) (B) In the performance of his duties hereunder, the Enforcement Officer shall be authorized at any time to seek from the legally designated health authorities of the county such assistance and cooperation as those authorities may be able to give in the area of the city, within their respective jurisdictions. ('77 Code, App. B,§ 5.2) § 153.112 NO'lICE OF VIOI~TION. Whenever the Enforcement Officer determines that there are reasonable grounds to believe that there has been or does exist a violation of any provision of this chapter or of any rule or regulation pursuant thereto, he shall give notice of suc~t alleged violatiOn to the person or persons responsible therefor, as hereinafter provided. Such notice shall: (A) Be put in writing; (B) Be signed by the Enforcement Officer; (C) Include a statement of the reasons why it is being issued; (D) Contain an outline of remedial action which, if taken, will effect compliance with the rules and regulations adopted pursuant thereto; (E) Specify a reasonable time for the performance of any act or acts it requires; (F) State that failure to comply within the specified time will be cause for service of charges; (G) Be served upon the owner or his agent or the occupant, as the case may require; provided that such notice shall be deemed to be properly served upon such owner or agent, or upon such occupant, if a copy thereof is served upon him personally; or if a copy thereof is sent by registered mail to his last known address; or if a copy is posted in a conspicuous place in or about th dwelling affected by the notice; or if he is served with such notice authorized or required under the laws of this state. ('77 Code, App. B, § 6.2) 74 Je~.,om.lle - L~nd U,,~e § 163.113 SITUATION DEI~II~) EMERG'ENGT; UR~3~:u, FI' A(~TION; HEARING. Whenever the Enforcement Officer finds that an emergency exists which requires immediate action to protect the public health, he may without notice or hearing, issue an order reciting the existence of such an emergency and requiring such action as he deems necessary to meet the emergency. Notwithstanding the other provisions of this chapter, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately but upon petition to the Housing Appeals Board shall be afforded a hearing as soon as possible. After such hearing, depending upon its finding as to whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been complied with, the Appeals Board shall continue the order in effect, or modify it, or revoke it. ('77 Code, App. B, § 6.3) § 153.114 TECHNICAL ASSISTANCE. Whenever pursuant to hfs duties prescribed by this chapter the Enforcement Officer shall require technical assistance in the preparation of any matter for presentation to any court, and the actual presentation of the matter in any court, he shall be authorized to request assistance from the Chief Building Inspector, Plumbing Inspector, Chief of the Fire Department, the Electrical Inspector, Chief of the Police Department, City Attorney or the Health Department Director. (77' Code, App. B, § 6.4) § 153.118 UN~-'~'r D~v,~LIN(3S; PROCEDUP, E FOR COI~I~CTION. (A) Any building, structure, enclosure, place, or premise is a nuisance where it is perilous to life or property by reason of its construction, or of the condition or quantity of its contents, or of the use of the building or its contents or the enclosure, or of the overcrowding at any time of persons therein, or of deficiencies in/ts fire alarm or fire prevention equipment, or of conditions in its construction 1/kely to cause fire or the spreading of fire, or of conditions therein which would hamper or impede the Fire Department in combating a fire in or about the building; or where the condition of the walls, floors, or roof is such that the building is likely to fall on account thereof, thereby endangering the safety of its occupants or of the public. (B) Any dwelling or dwelling unit which shall be found to have any of the following defects shall be condemned as unfit for human habitation and shall be so designated and placarded by the Enforcement Officer. (1) One which is so damaged, decayed, dilapidated, unsanitary, unsafe, or verrnin_infested that it creates a serious hazard to the health or safety of the occupants or of the public. (2) One which lacks illumination, ventilation, or sanitation facilities adequate to protect the health or safety of the occupants or of the public. (3) One which because of its general condition or location is unsanitary, or otherwise dangerous, to the health or safety of the occupants or of the public. (4) Those having inadequate facilities for egress in case of fire or panic or these having insufficient stairways, elevators, fire escapes, or other means of communication. (C) Any dwelling or dwelling unit condemned as unfit for human habitation, and so designated and placarded by the Enforcement Officer, shall be vacated within a reasonable time as ordered by the Enforcement Officer. (D) No dwelling or dwelling unit which has been condemned and placarded as unfit for human habitation sl'mll again be used for human habitation until written approval is secured from, and such placard is removed by, the Enforcement Officer. The Enforcement Officer shall remove such placard whenever the defe~t or defe~ts upon which the conderrmation and placarding action were based have been eliminated, (E) No person shall deface or remove the placard from any dwelling or dwelling unit which has been condemned as unfit for human habitation and placarded as such, except as provided in division (D) ~bove. (F) Any person affected by any notice or order relating to the condemning and placarding of a dwelling or dwelling unit as unfit for human habitation may request and shall be granted a hearing on the matter before the Appeals Board under the procedure set forth in§§ 153.095 through 153.098. ('77 Code, App. B, § 14) § 153.999 PENAL~I. Any violation of this chapter shall constitute an offense, and shall be punishable by a frae of not more than $2,500, and each day of continued violation thereafter or failure to comply with any such provision shall constitute a separate offense. ('77 Code, App. B, § 15) 184: MANUFACTURED HOUSING section 154.01 154.02 154.03 154.04 154.05 154.06 154.07 154.15 154.16 154.25 154.26 154.27 Purpose Definitions Permitted placement Noncoufonning homes; replacement Structural alteratien Schedule of uses Permits, certificates required for installation ~xterbr ;4:~an~ Manufactured homes classified as to acceptable compatibility Mobile homes; determining appropriateness for placement permanent perimeter enclosure Foundation siding/skirting for temporary structures Support system 154.98 Remedy; injunctive relief 154.99 Penalty PROVISIONS § l~i. O1 PUP, POSE. (A) It is the intent of this chapter to allow the provision of alternative modest income housing in general residential areas by permitting the use of type I manufactured homes, as defined in § 154.02, in all districts in which s'unilar dwellings constructed on site are permitted, subject to the requirements and procedures set forth herein to assure acceptable similarity in exterior appearance between such type I manufactured homes and dwellings that have been or might be constructed under these and other lawful regulations on adjacent or nearby lets in the same district. (B) h is the further intent of this chapter to allow the provision of alternative modest inc°me h°using in certain residential areas by permitting the use of type II and type III manufactured housing, as defined herein, in certain specified districts, when they are shown to meet the requirements and procedures set forth herein. (Ord. 84-OR-40, passed 5-19-84) 77 78 Jeffe~onv~ - Land Usage § 1~4.0~ D~rnONS. For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning. .,~DD-A-ROOM ~. A unit of manufactured housing, not designed as a part of the original structure, which may have less occupied space than a manufactured housing section. ANI::~HO.R~t~,.~r:~Tf..;~I. An approved system of straps, cables, turnbuckles, chains, ties, or other approved materials used to secure a manufactured or mobile home. AiV~/Ar~.~ 801 STANDARD ~R INST$r.r.~TION Or. (MANDTACTURED) MOBILE HO1W~5. Model national standards (including all authorized successor documents) for installation of manufactured and mobile homes, as adopted and copyrighted by the National Fire Protection Association and the Manufactured Housing Institute. ~oPROVED. Acceptable to the appropriate authority having jurisdiction, by reason of investigation, accepted principles, or tests by nationally recognized organizations. EEP~ ~ An expandable manufactured housing unit. FOUArDAT/O/g' S/D/NG/SEIRT/TS'G. A type of wainscoting constructed of fire- and weather-resistant materials, such as aluminum, asbestos board, treated pressed wood, or other approved materials, enclosing the entire undercarriage of the manufactured or mobile home. IWAN'UFAC~HO~. A dwelling unit fabricated in an off-site manufacturing facility for installation or assembly at the building site, bearing a seal certifying that it is built in compliance with the federal Manufactured Housing Construction and Safety Standard Code or IC 22-12-1-1 et seq., as promulgated by the Indiana Fire Prevention and Building Safety Commission. The three types of manufactured homes (type I, type II and type III) are defined as meeting all of the appropriate requirements of §§ 154.15 and 154.16. MANUFACTUP~'n IlO.ME SUBDIVISION. A parcel of land platted for subdivision according to all requirements of the comprehensive plan, designed or intended for lots to be conveyed by deed to individual owners for residential occupancy primarily by manufactured homes. ~AGTURED IIOUS1NG GONSTRUC, TION. AND SAFETY STANDARDS GODE. Title VI of the 1974 Housing and Community Development Act (42 U.S.C. 5401 et seq.), as amended (previously known as the federal Mobile Home Construction and S~ety Act), rules and regulations adopted thereunder (including information supplied by the home manufacturer, which has been stamped and approved by a Design Approval Primary Inspection Agency, z.~ agent of the U.S. Department of Housing and Urban Development pursuant to HUD rules), and regulations and interpretations of that code by the Indiana Fire Prevention and Building Safety Commission; all of which became effective for mobile/manufactured home construction on June 15, 1976. MANUFAGTURED OR .MOBILE HOIVIE G'OAIIt,K~,~r~' ('PARE). A parcel of land on which two or more manufactured or mobile homes are occupied as residences. Man~ I'"Io- ~i~g 79 l~/O~r.l~. HO~/~ A transportable structure larger than 320 square feet, designed tc be used as a year-round residential dwelling. ~-W.F~,~ $/¥1~ The total area of earth horizontally covered by the structure, excluding accessory structures, such as, but not limited to, garages, patios, and porches. ONE.~I~ TWv I~.~I~I~Y.DW.~Z~zN~ C*OD~ .~'D~ Thenationally-recognizedmodelbuilding code prepared by the Couneil of Amencan Building Offici~l~, adopted by the Indiana Fire Prevention and Building Safety Commission as mandated through IC 22-12-1-1 et seq., and, which includes those supplements and arrtendments promulgated by the Commission. pE~./t~/' FO~T/O~r. Any 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. p,~/'.~Ep..~-i~_,~/~'C/~OSU/~. A permanent perimeter structural system completely enclosing the space between the floor joists of the home and the ground. /?..~'~F~/O/V,~.~ V~'~C/,~. A portable vehicular structure not built to the federal Manufactured Housing Construction and Safety Standards Code (or the obsolete ANSI 119.1 Mobile Home Design and Construction Standard) designed for travel, recreational camping, or vacation purposes, either having its own motor power or mounted onto or drawn by another vehicle, and including but not limited to travel and camping trailers, truck campers, and motor homes. .~X~/ON. A unit of a manufactured home at least ten body feet in width and 30 body feet in length. .~PE~'7~ ~U~r~/'/ONPE~u~/'. A device for permitting a use within a district other than a principally permitted use. SUPPOR~' ~2'~ Apad or a combination of footings, piers, caps, plates, and shims, which, when properly installed, support the manufactured or mobile home. (Ord. 84-OR-40, passed 5-19-84) § 154.05 PERMI'I"r~-~ PLACe. The establishment, location, and use of manufactured homes as permanent residences approved individually, by specific materials, or by design, shall be permitted in any zone permitting installation of a dwelling unit, subject to requirements and limitations applying generally to such residential use in the district, and provided such homes shall meet the following requirements and limitations. (A) The dwelling shall meet the appropriate exterior appearance standards as set forth in §§ 154.15 and 154.16. (B) The dwelling shall be sited in a d~trict where such use is permitted in the schedule of uses as set forth in § 154.06. (C) The dwelling shall receive all required permits and conform with the comprehensive plan and other ordinances of the city. (Ord. 84-OR-40, passed 5-19-84) Penalty, see § 154.99 80 Jeffemonvflle - Imad Usage § 1~4,04 NONCONFORMING HOMES; (A) Nonconforming homes. A manufactured or mobile home placed and maintained on a tract of land and deemed to be a legal nonconforming use prior to the adoption of this chapter' shall continue to be a legal nonconforming use. If the nonconforming use is discontinued, the land thereafter must be used in conformity with all pro',dsions of this chapter. (B) Replacement of nonconforming homes. Thereafter, upon application to the designated administrator and subsequent approval thereof, a manufactured or mobile home which is deemed a legal nonconforming use may be replaced by a manufactured home, provided the replacement is of an equal or a higher type as specified in §§ 154.15 and 154.16 (Exterior Appearance Standards). Equal or higher type means that a mobile home may be replaced with a type I, II, or 1/I manufactured home or another mobile home. A type I~ manufactured home could be replaced with a type I, II, or III manufactured home. A type II manufactured home could be replaced with a type I or II manufactured home. A type ! manufactured home could be replaced with another type ! manufactured home. (Ord. 84-OR-40, passed 5-19-84) Penalty, see § 154.99 § 184.08 S~RUCTURAL AL'£~ATION. Due to its integral design, any structural alteration or modification of a manufactured or mobile home after it is placed on the site must be approved by the authorized Building Administrator of the city. (Ord. 84-OR-40, passed 5-19-84) Penalty, see § 154.99 § 184.06 SC~rk'~U~w. OP USES. Manufactured or mobile homes are permitted uses, as follows: P = Permitted Use SE = With Special Exception Permit Only X = Prohibited Use TI'P£ .r T'FP/~ fl' TYP£/U /t4'OBU.~ lt,lH ~ ~ HOlt4~ Single Family Dwelling (R-i) P P X X Multi-Family Dwelling (R-2) P P X X Mobile Home Park p p p p Local Business (B-I) P P X X Service Business (B-2) P P X X General Business (B-3) P P X X Light Industry (I-l) P P X X General Industry (I-2) X X X X Any building in a historical district must meet the requtrements of the historical district. (Ord. 84-OR-40, passed 5-19-84) Penalty, see § 154.99 81 § 1~4.0'/ P~I~MIT$, ~j~tT~-'~,ATES RE~X.,'~ FOR IN~TALI~TION. Any person seeking to erect, build, or install a manufactured home or mobile home as defined in this chapter must obtain all permits, certificates, or other documents required for a single-family residence in the same area. (Ord. 84-OR-40, passed 5-19-84) Penalty, see § 154.99 E~'r~JOR ~PPE;.%~CE ST;~7~D5 § 184.18 MANUFAG~ HOMES GLAS~a-'~:u.~ AS TO ACCEPTABLE COMPAT/BILITY. Manufactured homes shall be classified as to acceptable compatibility or similarity in appearance with site-constructed residences, as follows. (A) A type I manufactured home shall meet the following requirements. (1) Have more than 960 square feet of occupied space in a square feet of occupied space in a double-section or larger multi-section unit. (2) Be placed onto a permanent foundation. (3) Ut~e a permanent perirneter enclosure in accordance with approvedinstallati°n standards' as specified in §§ 154.25, 154.26, and 154.27. (4) Be anchored to the ground, in accordance with the One and Two Family Dwelling Code and to the manufacturer's specifications. (5) Have wheels, axles, and hitch mechamsms removed. (6) Have utilities connected, in accordance with the One and Two Family Dwelling Code and manufacturer's specifications. (7) Have siding material of a type c~stomarily used on site-constructed residences (the Plan Commission's designated administrator may compile a list of approved materials meeting the compatibility test - see Approved Materials List). (B) A type II Manufactured home shall meet the following requirements. (1) Have more than 960 square feet of occupied space in a single, double, expando, or multi- section unit (including those with add-a-room units). (2) Be placed onto a support system, in accordance with approved installation standards, as specified in §§ 154.25, 154.26, and 154.27. 82 Je~e~omalle - Land Usage (3) Be enclosed with foundation siding/skirting, in accordance with approved installation standards, as specified in §§ 154.25, 154.26, and 154.27. (4) Be anchored to the ground, in accordance with .manufacturer's specifications or the ANSI/NPPA 501 A installation standards. (5) Have utilities connected in accordance with manufacturer's specifications or the AN$I/NFPA 501 A installation standards. (6) Have siding material of a type customarily used on site-constructed residences (the Plan Commission's designated administrator may compile a list of approved materials meeting the compatibil/ty test - see Approved Materials List). (7) Have roofing material of a type customarily used on site-constructed residences (the Plan Commission's designated administrator may compile a list of approved materials meeting the compatibility test - see Approved Materials List). (C) A type III manufactured home shall meet the followLug requirements. (1) Have more than 320 square feet of occupied space in a single, double, expando, or multi- section unit (including those with add-a-room units). (2) Be placed onto a support system, in accordance with approved installation standards, as specified in §§ 154.25, 154;26, and 154.27. (3) Be enclosed with foundation siding/skirting, in accordance with approved installation standards, as specified in§§ 154.25, 154.26, and 154.27. (4) Be anchored to the ground, in accordance with manufacturer's specifications or the ANSI/NFPA 501 A installation standards. (5) Have utilities connected, in accordance with manufacturer's specifications or theANSI/NFPA 50I A installation standards. (Ord. 84-OR-40, passed 5-19-84) Penalty, see § 154.99 § 184.16 MOBII~ HOM~; DE'~r:~UV~G APPROPRIA'r~S$ k'~R PLACI~IMENT. .For purposes of determiuing appropriateness for placement, mobile homes shall meet the following requn:ements. (A) Have more than 320 square feet of occupied space. (B) Be placed onto a support system, in accordance with approved installation standards, as specified in §§ 154.25 - 154.27. (C) Be enclosed with foundation siding/skirting, in accordance with approved installation standards, as specified in §§ 154.25 -154.27. (D) Be anchored to the ground, in accordance with manufacturer's specifications or the ANSUNFPA 501 A installation standards. (E) Have utilities connected, in accordance with manufacturer's specifications or the ANSI/NFPA 501 A installation standards. (Ord. 84-OR-40, passed 5-19-84) Penalty, see § 154.99 J%'~T~ffON $T~$ § 154.~5 PERMANENT PERIi~n:;t~ ENCLOSUF, E. Those manufactured homes designated in the Zoning Code (Chapter 156) as requ/ring a pennanent perimeter enclosure must be set onto an excavated area, with foundations, footings, and crawl space or basement walls constructed in accordance with the terms of the One and Two Family Dwelling Code. The space between the floor joists of the home and the excavated underfloor grade shall be completely enclosed with the permanent perimeter enclosure (except for required openings). (Ord. 84-OR-40, passed 5-19-84) Penalty, see § 154~99 § 184).6 FOUNDATION S~DING/SKIRT~G FOR 'r~a,IPORARY STRUCTURES. All manufactured or mobile homes without a permanent perimeter enclosure shall have an approved foundation siding/sldrting enclosing the entire perimeter of the home. Foundation siding/skirting and back-up framing shall be weather-resistant, non-combutible or self-extinguishing materials, which blend with the exterior siding of the home. Below grade level and for a minimum distance of six inches above finish grade, the materials shall be unaffected by decay or oxidation. The siding shall be installed in accordance with manufacturer's recommendations or approved equal standards. The sid/ng shall be ventilated by openings, which shall have a net area of not less than 1-1/2 square feet for each 25 ]/near feet of exterior perimeter. The openings shall be covered with corrosion resistant wire mesh not larger than 1/2 inch in any dimension. The underfloor area shall be provided with an 18 inch by 24 inch minimum size access crawl hole, which shall not be blocked by pipes, ducts, or other construction interfering with the accessibility of the underfloor space, or other approved access mechanism. (Ord. 84-OR-40, passed 5-19-84) Penalty, see § 154.99 § 154.~7 SUPPORT (A) Type I manufactured homes. All HUD-Code type I manufactured home load-bearing foundations shall be installed in conformance with the regulations in the One and Two Fan'dly Dwelling Code and with the manufacturer's installation specifications. (B) PL 360 code homes. All PL 360 code home foundations shall be installed in conformance with the regulations in the One and Two Family Dwelling Code and with the manufacturer's installation specifications. (C) Type II and I~ manufactured homes and mobile homes. All HUD-Code Type II and III 84 Je~emonvme - ~ Usage manufactured homes and all mobile homes not placed on a permanent foundation, shall be installed on a support system in conformance with the manufacturer's installation speci~cations or with the support systems regulations in the ANSI/NFPA 501 A 1977 installation standards. (Ord. 84-OR-40, passed 5-19-84) Penalty, see § 154.99 (A) A home, sited upon property in violation of this chapter, shall be subject to removal from such property. However, the home owner must be given a reasonable opportunity to bring the property into compliance before action for removal can be taken. If action finally is tak~en by the appropriate authority to bring compliance, the expenses involved may be made a lien against the property. (B) The Plan Commission's designated administrator may institute a suit in an appropriate court for injunctive relief to cause such violation to be prevented, abated,, or removed. (Ord. 84-OR-40, passed 5-19-84) Penalty, see § 154.99 § 154.99 PI~2qALTY. Each day of non-compliance with the provisions of this chapter constitutes a separate and distinct ordinance violation. Judgment of up to $2,500 per day may be entered for a violation of this chapter. (Ord. 84-OR-40, passed 5-19-84) C'}IAPT~ 185: SUBDIVISION COIvrKOL I~G'ULATIONS Section 155.01 Establishment of control 155.02 Definitions Pl~t Procedum 155.10 Submission of written application for plat approval 155.11 Preliminary plat for subdivision 155.12 Preliminary plat approval 155.13 Final plat 155.14 Final plat approval Princ~plee ~.d St~ndanis of Des~ 155.20 Conformance 155.21 Streets 155.22 Blocks 155.23 Lots 155.24 Easements 155.25 Building setback lines 155.26 Public open spaces 155.27 Rights of plan commission 155.30 155.31 155.32 155.33 155.34 155.35 155.36 155.37 155.38 155.39 Conformance Monuments and markers Streets Design of street and alley pavements Sanitary sewers Storm drainage Curbs, gutters Sidewalks Street signs Water supply 155.55 Variance Appendix: Plat certificates; deed of dedication 85 86 Je~ez'sonville - ~ Usage § 155.01 I~STA~LISI'IIMI~ OF CO171~OL. No plat or replat of a residential, commercial, or industrial subdivision of land located within the jurisdiction of the Plan Commission shall be recorded until it shall have been approved by the Plan Commission, and such approval shall have been entered in writing on the plat by the President and Secretary of the Commission. (Ord. 89-OR-22, passed 5-20-89) § 155.02 D~'mrr~ONS. For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning. ~ A permanent public serviceway providing a secondarff means of access to abutting lands. B.5OfD~ Property abutting on one side of a street, and lying between the two nearest intersecting or intercepting streets, or between the nearest intersecting or intercepting street and railroad right-of- way, waterway, or other definite barrier. B D"~.~r G ~ ~'Uf/.~V~ The line nearest the front of and across a lot establishing the minimum open space to be provided between the front line of buildings and structures and the front lot line. ~ The City of Jeffersonville, Indiana. COIt41VI~SSIOIV. The Jeffersonvflle City Plan Commission. CTJr-r-.~.~-$~qC (COU'~' O.~ .D~E/V/~ STI~'~'-T.). A short street having one end open to traffic and being permanently terminated by a vehicle turn-around at the other end. ~. A grant by the property owner of the use of a strip of land by the public, a corporation, utility, or persons, for specified purposes. .~.rg~T/O/V OF ~ C'O/t4T~,~,,~OAr. The City of Jeffersonville, Indiana, and areas within two miles of the corporate limits. /,O'/'. A portion of a subdivision, or other parcel of land intended as a unit for transfer of ownership or development. .M,~S:~:,~:~f.P. SAN'(COI~'~~.PA,~"). The complete plan, or any of its parts, for the development of the city prepared by the Plan Commission and adopted in accordance with lC 36-7-1 through IC 36-7-18. O.~"I~ ~'~O.~OU~-IF.~.EPI~qlV. The part of the master plan for the city, now or hereafter adopted which includes a major street and highway plan and sets forth the location, alignment, dimensions, identification, and classification of ex/sting and proposed streets, highways, and other thoroughfares. Subd~s~n ~n~r~l l~egul~ ~? PI~R~ON. A corporation, finn, partnerShip, aSSociation, organization, or any other group acting as a unit, as well as a natural person. PL~I(II~ An open, unoccupied, officially designated space, other than a street or alley, permanently reserved for use as a principal means of access to abutting property. PLAIT. A map or chart indicating the subdiv~'on or resubdivision of land, intended to be filed for record. ST~k'mlT. A right-of-way, other than an alley, dedicated or otherwise legally established for the public use, usually affording the principal means of acceSS to abutting property. A street may be designated as a highway, thoroughfare, parkway, boulevard, road, avenue, lane, drive, or other appropriate name. (A) .~T, em~D. A street designated for large volumes of traffic movement. Certain arterial streets may be classed as limited access highways to which entrances and exits are provided only at controlled intersections and access is denied to abutting properties. (B) ~'"-:":'~'/~,. A street planned to facilitate the collection of traffic from residential streets, and to provide circulation within neighborhood areas and convenient ways for traffic to reach arterial streets. (C) HAAF. A street which can toPOgraphically, geographically, or any other reason, have lots for building purposes on only one side of such street. (D) ~EIV'/'~IL. A street designated primarily to provide access to abutting properties, usually residential. Certain residential streets may be marginal access streets parallel to arterial streets, which provide acceSS to abutting property and ways for traffic to reach access points on arterial streets. $/]BD/I,'.ID./~. Any perSon, or perSons, finn, or corporation engaged in developing or improving a tract of land which complies with the definition of a subdivision as defined in this ordinance. SUBD~ON. (A) The division of any parcel of land for residential, commercial, or industrial use shown as a unit, part of a unit, or as contiguous units on the last preceding transfer of ownership thereof, into two or more parcels, sties, or lots, any one of which is less than five acres in area, for the purpose, whether immediate or future, of transfer of ownerShip~ However, the division or partition of land into parcels of more than five acres not involving any new streets or easements of acceSS, and the sale or exchange of parcels between adjoining lot ownerS, where such sale or exchange does not create additional building sites, shall not be considered a subdivision. (B) The improvement of one or more parcels of land for residential, commercial, industrial structures, or groups of structures involving the subdivision and allocation of land as streets or other open spaces for common use by ownerS, occupants, or lease holderS or as easements for the exiension and maintenance of Public sewer, water, storm drainage, or other public utilities and facilities. ZONING' OI%DiADING'E The part of the master plan, now or hereafter adopted, which includes an ordinance and zone map which divides the jurisdiction of the Plan Commission into districts, with regulations and requirements and procedures for the establishment of land use controls. (Ord. 89-OR-22, passed 5-20-89) 88 le~ex~om, ill~ - I~ Us~;le § 155.10 SUBMISSION OF WRI'FI'EN APPLICATION FOR PLAT APPROVAl,. A subd/vider desiring approval of a plat of a subdivision of any land lyLag within the jurisdiction of the Plan Commisaion, shall submit a written application to the Plan Commission. Such application shall be accompanied by the information, requirements and plans set forth in § 155.11, all in accordance with the requirements set forth La this chapter. (Ord. 89-OR-~.~., passed $-20-89) § 155.11 PFJ~'.,IlVlINARY PLAT FOR SUBDIVISION. (A) The owner or subdivider shall provide a preliminary plan of the subdivision which shall show the manner in which the proposed subdivision is coordinated with the master plan and its provisions, specifically, with relation to the requirements of the official thoroughfare plan; school and recreational sites; shoppLag centers; community facilities; sanitation; water supply and drainage; and other developments existing and proposed, La the vicLaity; provided, however, that no land shall be subdivided for use unless adequate access to the land over improved publicly dedicated streets or thoroughfares exists or will be provided by the subdivider, or if such land is considered by the Plan Commission to be unsuitable for such use by reason of flooding or improper drainage, objectionable earth and rock formation, topography, or any other feature harmful to the health and safety of possible residents and the community as a whole. (B~ The subdivider shall provide the following: (1) Location map (which may be prepared by indicating the data by notations on available maps) showing: (a) Subdivision name and location. (b) Any thoroughfare relating to the subdivision. (c) 'P'.x/stLag elementary and high schools, parks, and playgrounds, serving the area proposed to be subdivided, and other community facilities. (d) Title, scale, north point, and date. (2) A preliminary plat showing: (a) Proposed name of the subdivision. (b) Names and addresses of the owner of the land, subdivider and the city planner, land planning consultant, engineer or surveyor, who prepared the plan. (c) Streets and rights-of-way, on and adjoining the site of the proposed subdivision, showing the names (which shall not duplicate other names of streets in the community) and including Subdivision Control Regu~tions 89 roadway widths, approximate gradients, types and widths of pavement, curbs, sidewalks, crosswalks, tree-planting and other pertinent data. (d) Locations, widths and purposes of easements. (e) Statement concerning the location and approximate size and capacity °f all utilities t° (f) Layout of lots, showing dimensions and numbers. (g) Parcels of land propesed to be dedicated or reserved for schools, parks, playgr°unds or other public, semi-public or community purpose. (h) Contours at vertical intervals of two feet ff the general slope of the site is less than 10% and at vertical intervals of five feet ~f the general slope is greater than 10%. (i) Show the 100-year flood boundary contour as shown on the latest revised National Flood Insurance Prograrm Flood Insurance Rate Map. (j) Tract boundarylines showing dimensions, bearing, and references to grants, township, and existing comers. (k) Building setback or front yard lines. (1) Legend and notes. (m) Other features or conditions which would affect the subdivision fav°rahly °r adversely' (n) Scale, north point and date. The prelin'dnary plat of the subdivision shall be drawn to a scale of 50 feet to one inch. (o) The dimensions used for lots, setback lines, yard lines, or other necessary items shall be in accordance with the zoning requirements where said subdivision is to be built. (3) A description of the protective covenants or private restrictions to be incorporated in the plat of the subdivision. (C) (1) The application shall be accompanied hy the certified check °r m°ney °rder in the am°unt of $100 plus $2 for each lot in the proposed subdivision to cover the cost of checking and ve~ying the proposed plat, and such amount shall he deposited in the General Fund. (2) The application shall include a list of the names and addresses of all adjoining property owners where they are adjacent to the site and across roadways from the site. (Ord. 89-OR-22, passed 5-20-89) § 185.12 PREI~M~ARY PI~? APPROVAL. (A) After an application for approval of a plat of a subdivision, together with two copies of all maps and data, has been filed, the Plan Comm~sion shall review the preliminary plat and accept the 90 Je e onv - .and Us e application and plat, or return them to the subdivider with suggestions for changes. No application will be considered at a meeting unless it has been filed with the Plan Commission at least 45 days before the date of such meeting. Twelve copies of the final maps and data shall be submitted to the Plan Co--on ten days prior to the date of such meeting. (B) After the Plan Commission has accepted an application and preliminary plat, it shall set a date for a hearing, not/fy the applicant in writing, and notify by general publication or otherwise, any person or governmental unit having a probable interest in the proposed plat. The cost of publication of the notice of hearing shall be met by the applicant. (C) Following the hearing on the preliminary plat, the Plan Commission will notify the applicant in writing that ff has approved the preliminary plat and is ready to receive the final plat, or will advise the applicant of any further changes in the preliminary plat which are required or should have consideration before approval will be given. (Ord. 89-OR~22, passed 5-20-89) § 155.13 FINAL PLAT. The final plat shall meet the following specifications: (A) The final plat may include all the area or only a part of the preliminary plat area which has received approval. (B) The original drawing of the final plat of the proposed Subdivision shall be drawn to a scale, so that the resulting plat is 18 inches by 24 inches with a clean, 1/2-inch border all around. Twelve blue line prints and a mylar of the final plat shall be submitted. (C) The following basic information shall be shown: (1) Accurate boundary lines, with bearings and distances, which provide a survey of the tract, closing with an error of not more than is required by the latest revision of tAC86A. (2) Accurate bearin~ and distances to the nearest grant or section corner. One more such corners shall be accurately shown on the plan. (3) Accurate locations of all existing and recorded streets intersecting the boundaries of the tract to be subdivided. (4) Accurate metes and bounds description of the boundary of the tract, including the source of bearing data. (5) Source of title to the land to be subdivided as shown by the books of the County Recorder. (6) Street names. (7) Complete curve notes for all curves included in the plan, including radius, chord length and bearing. (8) Street right-of-way lines with accurate dimensions in feet and hundredths of feet. Control P,e~,u~ns 91 (9) Lot numbem and dimensions (bearings and distances). (10) Accurate widths and locations of easements for utilities and any limitations on such (11) Accurate dimensions for any property to be dedicated or reserved for public, semi-public or community use. Building setback or front yard lines and dimensions. Location, type, material, and size of all monuments and lot cornem. Plans and specifications for the improvements required in this chapter. Restrictions of all types which will run with the land and become covenants in the (12) (13) (14) (15) deeds for lots. (16) (17) (18) (19) (20) (21) (22) Name of the subdivision. Name and address of the owner of the land and the subdi~der. North point, scale, and date. Certification by a registered professional engineer or registered land surveyor. Certification of dedication of streets and other public property. Certificate for approval by the Plan Commission. Construction permit from the state for sanitary sewem. This permit shall be in the name of the city, prepared by the subdividers engineer and submitted and paid for by the subdivider. All sanitary sewers shall be in easements or rights-of-way dedicated for such purposes. (23) Submit letters from each utility concerning adequacy of easements shown on the plat, and stating they will serve subd/v~ion. (Ord. 89-OR-22, passed 5-20-89) § 155.14 FINAL PLAT APPROVAL. (A) When the final plat is submitted to the Plan Comngssion, it shall be accompanied by a notice from the Board of Works and Safety, stating that there has been .filed with and approved by that body a bend which shall run to the city and be in an amount equal to 100% of the construction cost of streets, sewers, sidewalks, curbs, gutters, utilities and drainage facilities as a guarantee aga/nst faulty workmanship or materials for a period of one year after final written approval of construction by the City Engineer. (B) Specify the time for the completion of the improvements and installation. 92 Je~mo~ - Laud Usage (C) Within a reasonable time after application for approval of the final plat, the Plan Commission shall approve or disapprove it. If the Plan Commission approves the final plat, the certifying signature of its president and secretary shall be affixed thereto. If it disapproves, it shall set forth the reasons for such dksapproval in its own records and provide the applicant with a copy. (Ord. 89-OR-22, passed 5-20-89) PI~IN~LES ~ STANI1Pd~$ OF DE~G~ (A) The final plat of the subdivision plan shall conform to the following principles and standards of des'lgn: (B) The subdivision plan shall conform to the principles and standards which are generally exhibited in the master plan. (Ord. 89-OR-22, passed 5-20-89) (A) The street and alley layout shall provide access to all lots and parcels of land within the subdivision, and where streets cross other streets, jogs shall not be created. (B) Proposed streets shall be adjusted to the contour of the land so as to produce useable lots and streets of reasonable gradient. No half-streets shall be permitted in any subdivision. (C) Certain proposed streets, where appropriate, shall be extended to the boundary line of the tract to be subdivided so as to provide for normal circulation of traffic within the vicinity. (D) Wherever there exists a dedicated or platted portion of a street or alley adiacent to the proposed subdivision, the remainder of the street or alley to the prescribed width shall be platted within the proposed subdivision, with a m/nimum right-of-way width for streets of 50 feet and a minimum right-of-way width for alleys of 20 feet. (E) Right-of-way widths of Arterial Streets and Feeder Streets shall conform to the widths specified in the Official Thoroughfare Plan. (F) The minimum right-of-way of residential streets, marginal access streets or cul-de-sacs, shall be 50 feet. All cul-de-sacs shall terminate in a circular right-of-way with a minimum diameter of 100 feet. The maximum length of a cul-de-sac, from the intersection of the center lines of the nearest side or cross street to the center of the radius of the cul-de-sac, shall be 400 feet. (G) Alleys shall be discouraged in residential districts but should be included in commercial and industrial areas where needed for loading and unloading or access purposes, and where platted, the right-of-way shall be at least 20 feet in width. (H) The center lines of streets should intersect as nearly at. right angles possible. ~ubdlvls~n ~nt~l l~gul~t~ns 93 (I) At intersections, property line comers shall be rounded by arcs of at least a 20 foot radius. (J) If the smaller angle of intersection of two streets is less than 60 degrees, the radius of the arc at the intersection of property lines shall be increased as deemed advisable by the Plan Comm~sion. (K) Where parkways or special types of streets are involved, the Plan Comm~sion n~y apply special standards to be followed in their design. (L) Whenever the proposed subdivision contains or is adjacent to a railroad right-of-way or a highway designated as a limited access highway by the appropriate highway authorities, provision shall be made for a marginal access street, or a parallel street at a distance acceptable for the appropriate use of the land between the highway or railroad and such streets. (M) Horizontal visibility on curved streets and vertical visibility on all streets must be maintained along the center lines as follows: (I) Arterial streets: Five hundred feet. (2) Feeder streets and parkways: Three hundred feet. (3) Residential streets: One hundred and fifty feet. (N) Curu'ature measured along the center line shall have a minimum radius as follows: (1) Arterial streets: Five hundred feet. (2) Feeder streets and parkways: Three hundred feet. (3) Residential streets: Two hundred feet. (4) Intersections of residential streets with other streets: One hundred and seventy-five feet immediately preceding the point of intersection. (O) Between reversed curves on arterial streets there shall be a tangent of not less than 100 feet and on feeder and residential streets such tangent shall be not less than 40 feet. (p) Maximum grades for streets and alleys shall be approved by the Plan Commission. (Q) The minimum grade of any street gutter shall be not less than 0.3%. (Ord. 89-OR-22, passed 5-20-89) § 155.~ BLOCKS. Blocks should not exceed 800 feet in length. (Ord. 89-OR-22, l~d 5-20-89) 94 Jef~ersonlrme - Land Usage § 155,23 LOTS. (A) All lots shall abut on a street or a place. (B) Side lines of lots shall be at approximately right angles to straight streets and on radial lines on curved streets. Some variation from this rule is penm/.asfble, but pointed or very irregular lots should be avoided. (C) Double frontage lots should not be platted, except that where desired along arterial streets, lots may face on an interior street and back on such thoroughfares. In that event a planting strip, or a screen, at least ~.0 feet in width shall be provided along the back of the lot. (D) ~Fldths and areas of lots shall be not less than that provided in the Zoning Code for the district in which the subdivision is located. (E) Wherever possible, unit shopping centers, based upon sound development standards, should be designed in contrast to the platting of lots for individual commercial use. (F) Comer residential lots shall be wider than normal in order to permit appropriate setbacks from both streets. (Ord. 89-OR-22, passed 5-20-89) § 158.24 F, ASEMEN'I'S. (A) Where alleys are not provided, easements for utilities shall be provided. Such easements shall have minimum widths of 12 feet on a lot or where located along a line between two lots, one-half the width shall be taken from each lot. Before determining the location of easements, the plan shall be discussed with the local public utility companies to assure their proper placing for the installation of such services. (B) No building, fences, trees or shrubs shall be placed within such easements. (Ord. 89-OR-22, passed 5-20-89) § 155.25 BT,,'V~ING SE?BACK LINES. Shall be as provided in the Zoning Code, or as provided by the Plan Comrrdssion. (Ord. 89-O1~-22, passed 5-20-89) § 155.P*$ PUBLIC OPEN SPACES. Where sites for parks, schools, playgrounds or other public uses are located within the subdivision area as shown on the master plan, the Plan Commission may request their dedication for such purposes, or their reservation for a period of one year following the date of the approval of the final plat. In the event a governmental agency concerned passes a resolution expressing its intent to acquire the land so reserved, the reservation period shall be extended for an additional six months. (Ord. 89-OR-22, passed 5-20-89) Sul:x~d~n Control Regulations 95 § 155.27 I~IGI-ITS OF PLAN COMMISSION. The Plan Commission shall reserve the right to consider preservation of known or discovered scenic and historic landmarks. The Plan Commission shall also reserve the right to refuse changing natural watercourses, watersheds, ray.es, etc. (Ord. 89-OR-22, passed 5-20-89) STANDArdS OF lll~R~ § 155.30 CONFOi~VIANCE. The final plat of the subdivision shall conform to the following standards of improvements contained in this subchapter. § 155.31 MONUM~F~ AND MAILv~:~. (A) Monuments and markers shall be placed so that the center of the pipe or marker point shall coincide exactly with the intersections of lines to be marked, and shall be set so that the top of the monument or marker is level with the finished grade. (B) Monuments shall be set at the intersection of all lines forming angles in the boundary of the subdivision. (C) M~-kers shall be set at: (1) The beginning and ending of all curves along street property lines. (2) All points where lot lines intersect curves, either front or rear. (3) All angles in property lines of lots. (4) All other lot comers not established by a monument. (D) Monuments shall be of stone, pre-cast concrete, or concrete poured in place with minimum dimensions of four inches by four inches by 30 inches, set vertically in place. They shall be marked on top with an iron or copper dowel set 1/8 inch above the top of the monument, or deeply scored on top with a cross. M~rkers shall consist of iron pipes or steel bars at least 30 inches long, and not less than 5/8 inch in diameter. (Ord. 89-OR-22, passed 5-20-89) § 155.3~ STI~EE'TS. (A) Streets (and alleys where provided) shall be completed to grades shown on plans, profiles, and cross-sections, provided by the subdivider, and prepared by a registered professional engineer or land surveyor and approved by the Plan Commission. 96 Je~[el~:~¥~ - ~ U~e (B) The streets shall be graded, surfaced, and improved to the dimensions required by the cross- sections and the work shall be performed in the manner prescribed by the specifications of the city. (1) In a subdivision proposed to contain an average of more than two lots per gross acre, or in a subdivision proposed to have a street or streets which are extensions of existing paved streets which are surfaced to a width of at least $0 feet, the street shall be a mh'dmum width of 32 feet from back of curb to back of curb with 28 feet of pavement width. Alleys shall be surfaced to their full width. (2) In a subdivision proposed to contain an average of two or less lots per gross acre, the streets shall be a minimum width of 32 feet from back of curb to back of curb with 28 feet of pavement width. Alleys shall be surfaced to their full width. (C) The street surface shall be of Portland Cement concrete or a flexible pavement and shall be constructed in accordance with design characteristics at least equal to those in § 155.33. (D) Prior to construction of the streets and alleys, adequate subsurface drainage for the street shall be provided by the subdivider. Subsurface drainage pipe, when required, shall be reinforced concrete pipe, Class III or a sffrdiar type not less than 12 inches in diameter approved by the Plan Commission. Upon the completion of the street and alley improvements, three sets of "as-built" plans shall be filed with the Plan Commission. (Ord. 89-OR-22, passed 5-20-89) § 155.33 Dt!~IG'N OF $'I'K~? AND ALLET PAVEMENTS. (A) Residential subdivision; feeder and residential streets. (~) Flexible Pavements shall be one inch of compacted Indiana Department of Highways (IDOH) hot asphaltic concrete, surface mixture No. 11, placed over two inches of compacted IDOH hot asphaltic concrete biturrdnous binder course, mixture No 9, placed over nine inches of compacted IDOH, crashed limestone, compacted aggregate base, type "0", placed over earth subbase which has been smooth graded, compacted and "proof-rolled". (2) Portland Cemeni concrete pavement shall be of a Comparable design. (B) Residential, commercial, and industrial subdivisions; arterial streets. (1) Flexible pavement for these types of streets shall be designed by the AASHTO method as per the Indiana Department of Highways. One California Bearing Ratio (CBR) test shall be run for each 1000 linear feet of street in the platted subdivision. (2) Design calculates and CBR test results shall be submitted, with plans, for review. (3) Portland Cement concrete pavement shall be of a comparable design. (4) Regardless of the AASHTO/CBR design results, in no case shall the flexible pavement design result in a design section of less than one inch of IDOH No. 11 surface, three inches of IDOH No. 9 binder and nine inches to IDOH type "O" compacted aggregate base. (C) Paving Methods. 97 (1) On all flexible pavements on all Residential, Commercial or Industrial streets the final one inch of IDOH surlace mixture No. 11 shall not be placed until 80% of all lots in the platted subdivision are occupied by houses or buildings. (2) An inspection of the streets by the City shall be requested by the developer at 80% lot coverage and repairs made to the streets by the developer before the final one inch of surface asphalt is placed. (Ord. 89-OR-22, l~x:l $-20-89) (A) The subdivider shall provide the subdivision with a complete sanitary sewer system, which shall connect with a sanitary sewer outlet approved by the City Engineer. A complete sanitary sewer system to convey the sewage to a treatment plant to be provided by the subdivider in accordance with minimum requirements of the City Engineer. (B) The plans for the installation of a sanitary sewer system shall be provided by the suI0divider and approved by the City Engineer. Upon the completion of the sanitary sewer installation, three sets of "as- built" plans for such system shall be filed with the Plan Commission. Lateral locations shall be carefully marked. At the completion of construction of sanitary sewers, lift stations, or other such facilities, and upon their acceptance by the City Wastewater Department, all said facilities shall become the property of the city. (C) As found in §§ 155.34 and 155.39, the phrase "the sUbdivider shall provide" shall be interpreted t° mean that the subdivider shall install the facility referred to. (Ord. 89-OR-22, passed 5-~.0-89) § 155.35 STORM (A) The subdivider shall prOvide the subdivision with an adequate storm water sewer system. Easements for such surface drainage shall be provided. Open ditches for drainage shall not be wider than three feet on each side of the ditch centerline or deeper than one foot. (B) Three sets of "as-built" plans of the storm sewer system shall be submitted to the Plan Commission upon completion. (C) It shall be the responsibility of the sulxiivision deVeloper to provide proper drainage for the entire subdivided area, designed according to standard engineering practices, with pipe, headwalls, catch basins, ditches and swales at proper slopes in all areas designated as drainage easements. (1) After all the development is complete, before any structures are built, all areas designated as drainage easements shall be completely graded and sodded in accordance with the overall drainage design. (9.) It shall be the responsibility of the subclhrider/deveioper to see that these drainage easement areas are not disturbed by anyone in the construction of structures, houses or individual lot grading. (8) No one may disturb or alter these drainage easement a~eas without the consent of both the subdivider/developer, and the City Engineer or Building ComrP~o~er. (4) The subdivider/developer shall collect damage from whomever disturb~ or alters said drainage easement areas and shall restore them to thief previous condition as d,~cmed ~ constntcted in the site development ~. (Ord. 89-OR-22, passed 5-20-89; ,~a Ord. 91-OR-3, passed 1-19-91) (A) The Plan Convnission shall require curb and gutter to be installed on e~ch side of the street surface ~n ever~ subdivision. Where a subdivision abuts an existing city street, curbs and gutters will be required along the boundary of the subdivision ~bUtfing the existing city street. STAND-UP CONCRETE CURB DETAIL COMBINED CURB AND GUTTER 2' CURB ROLLED CURB AND GUTTER TYPICAL STREET SECTION Subdh~s~n ~ontr~l Regu~.tions 99 (B) The curb and gu!ter shall be of one of the two construction types shown in division (A) and shall be constructed according to the following specifications, subject to approval of the Plan Commission: (1) The base for the curb and gutter shall be well-compacted on the existing base or grade. (2) The minimum specifications shall be shown for the three types of cross-sections in division (3) All concrete used in the curb and gutter shall meet the 3000 psi II)OH Specifications. (4) Valley gutters shall be six feet in width. Outer edges shall be nine inches thick and slope to 7-1/2 inches in the center of the gutter. Valley gutters shall not be USed in or along any street. (Ord. 89-OR-22, passed 5-20-89) § 188,37 K~DEWALK~. (A) The Plan Commk~ion shall require sidewalks to be installed on each side of the street. Where a subdivision abuts an existing city street sidewalks will be requmed long the boundary of the subdnnmon abutting the existing city street· (B) Sidewalks shall be constructed of 3000 psi, Portland Cement Concrete, at least f°ur inches thick' and four feet wide, and placed one foot from the street Property line, on the fight-of-way, scored at four feet, with expansion points at 20 foot intervals. (Ord. 89-OR-22, passed 5-20-89) § 155.35 S'I'I~'T SI~S. The subdivider shall provide the subdivision with the standard city street name signs at the intersection of all streets. Stop signs, street name signs, dead end signs and nO,outlet signs shall be placed as directed by the City Engineer and in accordance with the manual of uniform traffic standards. (Ord. 89-OR-22, passed 5-20-89) § 158.~9 WA'£~:~ SUPPLY. (A) All subdivisions, mobile homes and manufactured home parks shall be prOvided, by the · · Such water subdivider, with a complete water distribution system from an approved public water system. distribution system shall provide fire hydrants eight inch or larger mains at a spacing approved by the Fire Chief and Plan Commk~ion. All fire hydrants and water mains shall be designed by a registered professional engineer following the gt~idelines indicated herein, and shall follow standards of the AVv"WA (American Water Works Association). Exceptions may be made by the Plan Commission in areas where rural water corporation may supply water. (B) All costs of installation of fire hydrants and water supply systems and hydrant rental, shall be the sole responsibility of the subdivider. At sUch time as the city shall accept such subdivision, the city will then pay the fire hydrant rental fees: Upon completion, three sets of "as-built" plans of the water system shall be submitted to the Plan Comunk~ion. 100 Je~r~onvffle - Land (C) In determining water supply and fire hydrant requirements the office of the Fire Chief shall review the developer's proposed plans of the fire protection facilities and shall submit recommendations before approval of said plans. Placing of fire hydrants requires a judgement and a feeling for the needs of the Fire Department. Hydrant placement is based on the possibil/ty of a large fire occurring in the area. At least one fire hydrant shall be placed at entrance to subdivision before any structures are built. (ID) Special exceptions may be rnade in the best judgment of the Plan Cornmission with the approval of the Fire Chief. (E) The size of water mains involves may variables. The following guidelines shall be considered as minimum for localized distribution. (1) Water mains shall not be less than eight inches in diameter. Where deemed necessary to provide an adequate water supply for fire protection, water mains of a larger diameter may be required. (2) A grid pattern shall be designed and shall consist of mains at least eight inches in diameter, arranged so that the length between intemecting mains does not exceed 800 feet. (3) (a) Eight inch diameter pipe shall be used where permanent or temporary dead-ends and poor grid patterns are likely to ex/st for a considerable period or where the layout of the streets and topography are not well adapted to the following arrangements. (b) Where dead-ends are necessary, mirdmum main size shall be eight inches if under 600 feet; ten inches if under 2500 feet. Where the grid pattern does not exceed 600 feet, eight-inch mains are usually satisfactory; if wider, ten inch or larger mains are recommended. (4) The distribution system shall be equipped with a sufficient number of valves so located that no single accident, breakage, or repair to the pipe system will necessitate the shutdown of a length of pipe greater than 800 feet. (5) Where it is necessary to meter the water supply for fire protection, the meter shall be of the fire protection type and be at least eight inches in size. (6) Fire hydrants shall be spaced no further than 750 feet apart in subdiv~ion, but only as approved by the Fire Chief, and shall be placed so as to be accessible to the Fire Department (within 15 feet of pavement on hard surface road). (7) In a single family dwelling area where 20 feet or more separation is typical, a minimum supply of 1,000 GPM at 20 pounds residual pressure shall be required. (8) In a commercial or industrial subdivision, la-inch d/ameter water mains shall be used as a minimum in all areas to facilitate sprinklered buildings. (9) A fire hydrant shall be located within 150 feet of a standpipe or siamese connection on a sprinklered building. be as follows: Requirements for shopping centers, factories, schools, and apartment complexes shall Subdivision Control Regulations 101 (a) No shopping center, factory, school, or apartment building complex shall be approved without necessary water supply distribution and fire hydrants. Fire hydrants shall be so located that no point of exterior building shall be in excess of 300 feet from a fire hydrant. Hydrants shall be approximately 50 feet from the building and hydrants shall be so .placed as to be accessible to the Fire Department (within 15 feet of pavement or hard surface road). (b) Hydrant spacing depends on required fire flow. A high contents fire loading and combustible construction requires closer spacing as well as larger water mains. Size of undivided areas, exposure, and protection by sprinklers is to be considered. A hydrant within 300 feet is recommended for each 500 gallons per minute fire flow. Actual fire flows are calculated from test results to a 20 pound per square inch residual pressure. (c) A minimum of 1,000 gallons per minute at 20 pounds per square inch residual is required for a typical small modem noncombustible elementary school; 1,500 gallons per minute to 2,000 gallons per minute for a larger school. (d) For a typical eight-unit, two-story frame brick veneer apartment building, 1,500 gallons per minute would be minimum. If larger than I0,000 square feet floor area or less than 50 feet clear space between buildings, larger flows would be needed. In a nine to 20-unit typical frame brick veneer unit, 2,000 gallons per minute. Over 20 units, in excess of 2,500 gallons per minute. (e) A small commercial or industrial building with average type fire loading basically unexposed by other properties requires a minimum of 1,500 gallons per minute. Area is a major factor with these type properties and this requirement increases significantly with size unless automatic sprinklers are provided. (f) The requirements for a factory are difficult to generalize due to the wide ranges of contents combustibility; minimum 1,500 gallons per minute. (g) The above fire flows figures are based on a residual pressure of 20 pounds per square inch and an area requirement rather than the amount necessary to be flowed from a single hydrant. ('77 Code, App. C, An. 5, § 10.99) (11) Where no applicable standards or requirements are set out in this code, or contained within other laws, codes, regulations, ordinances or by laws adopted by the authority having jurisdiction, compliance with applicable standards of the National Fire Protection Association or other nationally recognized fire-safety standards as are approved by the Fire Chief shall be deemed as prima facie evidence of compliance with the intent of this code. (Ord. 89-OR-22, passed 5-20-89; Am. Ord. 89-OR-69, passed 11-6-89) § 1~.8,~ VARIANCE. Where the subdivider can show that a provision of this ordinance would cause unnecessary hardship ~f strictly adhered to and where, in the opinion of the Plan Commission, because of topographical or other conditions pec,lf~r to the site, a departure may be made without destroying the intent of such Provisions, the Plan Commission may authorize a variance. Any variance thus authorized is required to 102 J~nvflle - ~ Usage be entered in writing in the minutes of the Plan Commission and the reasoning on which the departure was justified shall be set forth. (Ord. 89-OR-22, passed 5-20-89) APPENDr~r. PLA? CERT~FICA~-.S; D~:~:~, OF DEDICATION Section I. Commh~ion certificate 2. Engineer's/surveyor's certificate 3. Deed of dedication § 1. COMMISSION CEi¥£~:'ICATE. UNDER AUTHORITY PROVIDED BY THE INDIANA CODE TITLE 36, ARTICLE ?, CHAPTERS 1 TO 20, ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF INDIANA, AND ALL ACTS AMENDATO~ THERETO, AND AN ORDINANCE ADOPTED BY THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA, THIS PLAT WAS GIVEN APPROVAL BY THE CITY OF JEFFERSONVILLE AS FOLLOWS: Adopted by the City Plan Commission at a meeting held , 19__. JEFFERSONVILLE CITY PLAN COMMISSION President Secretary (SEAL) (Ord. 89-OR-22, passed 5-20-89) § 2. EI~:;WS/SURVEYOR'S G~K'rm'~CATE. "I, , HEREBY CERTIFY THAT I AM A PROFESSIONAL ENGINEER (OR A REGISTERED LAND SURVEYOR) LICENSED IN COMPLIANCE WITH THE LAWs OF THE STATE OF INDIANA, THAT THIS PLAT CORRECTLY REPRESENTS A SURVEY COMPLETED BY ME ON (DATE); THAT ALL THE MONUMENTS SHOWN THEREON ACTUALLY EXIST: AND THAT THE LOCATION, SIZE, TYPE AND MATERIAL ARE ACCURATELY SHOWN. (Sicmature) (SEAL) (Ord. 89-OR-22, passed 5-20-89) 103 104 Je~amo~ - Land Usage § S. i~,-:,-:, · OF DEDICATION. Each final plat submitted to the Conurdssion for approval, shall carry a deed of dedication in substantially the following form: "We the undersigned (Names) , owners of the real estate shown and described herein, do hereby certify that we have laid off, platted and subdivided, and do hereby layoff plat and subdivide, said real estate in accordance with the within plat. This subdivision shall be known and described Name, an addition to alleys shown and not heretofore dedicated, are hereby dedicated to the public. · All streets and Front and side yard building setback lines are hereby established as shown on this plat, between which lines and the property lines of the street, there shall be erected or maintained no building or structure. There are strips of ground Number feet in width as shown on this plat and marked "Easement", reserved for the use of public utilities for the installation of water and sewer mains, drainage, storm sewers, poles, ducts, lines and wires, subject at all times to the proper authorities and to the easement herein reserved. No permanent or other structures are to be erected or maintained upon said strips of land, but owners of lots in this subdivision shall take their titles subiect to the rights of the public utilities. (Additional dedications, protective covenants, or private restrictions would be inserted here upon the subdividers/nitiative or the recommendations of the Commission; important provisions are those specifying the use to be made of the property and, in the case of residential use, the minimum habitable floor area). The foregoing covenants, (or restrictions), are to run with the land and shall be binding on all parties and all persons claiming under them until January 1, 19_, (a twenty-five (25) year period is suggested), at which time said covenants, (or restrictions), shall be automatically extended for successive periods of ten (10) unless changed by vote of a majority of the then owners of the building sites covered by these covenants, or restrictions, in whole or in part. Invalidation or any one of the foregoing covenants or restrictions, by judgement or court order shall in no way affect any other covenants or restrictions, which shall remain in full force and effect. The right to enforce these provisions by iniunction, together with the right to cause the removal, by due process of law, of any structure or part thereof erected or maintained in violation hereof, is hereby dedicated to the public, and reserved to the several owners of the several lots in this subdivision and to their heirs and assigns." Witness our Hands and Seals this day of Signature Signature State of Indiana ) ) SS County of Clark ) Plat Cer~,~tes; Deed of Dedication 105 Before me, the undersigned Notary Public in and for the County and State, personally appeared Name.__ Name , Name, and each separately and severally acknowledge the execution of th~ foregoing instrument as his or her voluntary act and deed, for the purposes therein expressed. Witness my hand and notarial seal this day of , 19___. (Ord. 89-OR-22, passed 5-20-89) 106 Je~[ez'sonvl-lle - Land Usage 186: ZONING CODE Section 156.001 156.002 156.003 156.004 156.005 156.006 156~007 156.008 156.009 156~010 156.011 156.012 156.013 156.014 Short title and purposes Interpretation Definitions Annexed or vacated area Use Height 'Yard, lot area, and size of building Lots Parking spaces; loading, unloading berths Amendments Filing fees Noninterference with greater restrictions otherwise imposed Special regulations Sign regulations I56.020 Determination, interpretation thereof 156~021 Classification of districts 156.022 Zone map 156.030 Residential district regulations 156.031 R-1 Single-Family Residential District 156.032 R-2 Multi-Family Residential District 156.033 Residential District building setback lines along public streets 156.034 Prov~ions and exceptions to residential uses 156.040 156.041 156.042 156.043 156.044 156.045 156.046 156.047 Establishment of Business Zoning Districts Business District regulations Purpose of B-i District Uses not permitted B-1 District development standards B-2 Servioe Business District General Business District B-4 Thoroughfare Service District 107 108 ,,T~r~-~ll~ - Lm3ct Ua~ge 156.048 B-5 Business-Industrial District 156.049 Business districts off-street parking regulations 156.050 Off-street loading regulations Rmaric't~l Induatr~ Submrb~ U-S) ~o~k~r ~ 156.060 Application 156.061 Permitted uses Id~ht Indu.;~al Uae (I.1) . 156.070 Application 156.071 Permitted uses 156.080 156.081 156.082 156.083 156.084 156.085 156.086 156.087 156.088 Application Permitted uses Special exceptions Conditional or contingent uses; requirements Nonconforming use specifications Development standards Off-street parking Off-street loading regulations Performance standards Plann~l Unit Dswlo~ts 156.100 156.101 156.102 156.103 156.104 156.105 156.106 156.107 156.108 156.109 156~110 156.111 156.112 155.113 156.114 156.115 156.116 Planned Unit Developments Applicability of dimensional requirements Procedures for the approval of Planned Developments Designation of Planned Development areas initiated by the city Application for approval of outline plan Application for approval of development plan Plan Commission review of Development Plan Recording of approved Development Plan Building permits and certificates of occupancy Lapse of Development Plan Changes in outline of Development Plans Completion of Planned Unit Development Development Plan to govern Changes prohibited Modifications Fees Planned Unit Development; substantive requirements 186.117 Planned Unit Development; density 156.118 Planned Unit Development; commercial uses 156.119 Planned Unit Development; Plan Commission approval 156.120 Planned Unit Development; guidelines 156.121 Planned Unit Development; conveyance and maintenance of common open space 109 156.122 planned Unit Development; subdivision and resale 156. I23 Planned commercial and industrial development; substantive requirements 156.124 Planned commercial development; zones in which permitted 156.125 Planned contmercial development; Plan Commission Approval 156.126 Effect of changes 156.135 156.136 156.137 156.138 15~139 156.140 156.141 156.142 Enforcement Officer Improvement location permit Site pla.ns; permanent record Relocation may be required Approval of Board required before issuance of permit for conditional use Certificate of occupancy;, specifications Refusing to accept petition to rezone or for special exception within six months of denial by Board Temporary permit for use of mobile home as off.ice 156.150 156.151 156.152 156.153 156.154 156.155 156.156 156.157 156.158 156.159 156.160 156.161 Establishment Organization Promulgation of rules; time for decisions; reconsideration after rejection of application; minutes; records Variances and special exceptions; requirements, procedure Conditions and commitments related to a decision by the Board Special exceptions, requirements and procedures Public meetings; records to be kept and [.fled Decisions of Board; right to appeal; review by certiorari Variances Additional powers Contents of notices Remedies G'~ PROVINIONN § 156.001 SHORT '£~T~ AND PURPOSES. (A) This chapter shall be known, and may be cited hereafter as the "Zoning Code of Jeffersonville, Indiana, 1960 as amended." ('77 Code, App. D, Section 1) (Ord. 1527, passed 4-4-60; Am. Ord. 91-OR-18, passed 5-6-91) (B) This chapter shall apply to all incorporated land within the city and any land which may in the future be within the incorporated land within the city. This code shall also regulate a two mile fringe on the existing and any future boundaries of the incorporated city limits of the city. (C) Purposes. Thepurposeofthischapter, which has reasonably taken into regard the current and past Comprehensive Plans for the city, is to guide growth and development, taking into consideration the condition, character of current structures, uses in each district, as well as the most desirable use for which the land in each district is adapted. The further purpose of tl'ds code is to conserve property values throughout the iurisdiction and create responsible development and growth. To those ends, the purpose of this chapter shall be ~11ed by: f (1) Designate the geographic area over which the Plan Cor0xrdssion shall exercise iurisdiction. (~.) Incorporate by reference the ordinance zone maps, as prepared by the Plan Commission. (3) Secure adequate light, air, convenience of access, and safety from fire, flood, and other dangers. (4) Lessen or avoid congestion in public ways. (5) Promote the public health, safety, moral, convenience, or general welfare. (6) The legislative body may provide in this code: (a) Establishment of one or more zone districts, which may be for agricultural, commercial, industrial, residential, special, or unrestricted uses. A district may include any subdivision or combination of these uses. A district may include geographic areas that are not contiguous. A geographic area may not be subject to more than one district. (b) In each district, regulate how real estate is developed, maintained, and used. These regulations may include: 1. Requirements for the area of front, rear, and side yards, courts, ether open spaces, and total lot area. 2. Requirements for site conditions, signs, and nonstructural improvements, such as parking lots, ponds, water bodies, fltls, landscaping, and utilities. 3. Provisions for the treatment of uses, structures, or conditions in existence when the zoning code takes effect. 4. Restrictions on development in areas prone to flooding. 5. Requirements to protect the historic and architectural heritage of the community. 6. Requirements for structures, such as location, height, area, bulk, and floor space. 7. Restrictions on the kind and intensity of use. 8. Performance standards for the emission of noises, gases, heat, vibration, or particulate matter into the air, ground, or across lot lines. 9. Standards for the population density and traffic circulation. I0. Any Other provisions that are necessary to implement the purp°ses °f this chapter' (7) In districts containing areas with special or unusual development problems, or potential compatibility problems, such as, among others, Planned Unit Development, Industrial Park, and Riverfront Development, a requirement that the Plan Commission review and, as determined appropriate, approve Development Plans taking into consideration, among other reasonable things, general development standards, master plan, view protection, traffic circulation, parking, adequate light, air, access, and safety, the lessening or avoidance of congestion of public ways, and the promotion of the public health, safety, comfort, morals, convenience, and general welfare. (8) Provide for Planned Unit Development and Development Plans. (9) Establish in which districts the subdivision of land may occUr. (10) Prepare zone maps. (11 ) Provide for the administration, amendment, and enforcement of the zoning provisions of this chapter and the establishment of a Board of Zoning Appeals along with its administration and enforcement. (12) (13) of this chapter. Provide for penalties for the violation of its provisions. Repeal all other Zoning Ordinances in conflict with or inconsistent with the provisions (14) Development Plans, when required, shall include, among other things: written and recorded commitments deemed necessary by the Plan Comrnisszon. (D) General performance standards. All uses established or placed into operation after the effective date of this chapter shall comply with the following performance standards in the interests of protecting the public health, safety and welfarel and lessen injury to property. No such use shall exhibit obnoxious characteristics to the extent that they constitute a public nuisance, as further prescribed hereinafter. Ne use in existence on the effective date of the chapter shall be so altered or modified to conflict with these standards. Any stricter Performance Standards cited in this chapter shall have precedence over these General Performance Standards. (1) Fire protection equiprnent and prevention measures acceptable to the Fire Department shall be readily available and apparent when any activity involving the handling or storage of flammable or explosive materials is conducted. (2) Electrical disturbance. No use shall cause electrical disturbance adversely affecting radio, television, or other equipment in the vicinity. (3) Noise. No use shall produce noise in such a manner as to be objectionable because of volume, frec/uency, intermittence, beat, shrillness or vibration. Said noise shall be muffled or otherwise controlled so as not to become detrh'rtental, provided, however, public safety sirens and related apparatus used solely for public purposes shall be exempt from this standard. (4) %r~bration. No use shall cause vibrations or concnss]ons detectable beyond the lot lines without the aid of instruments. 112 Jeffe~,so~ - ~ U~ (5) Odor. No use shall emit across the lot lines malodorous gas or matter in such quantity as to be readily detectable at any point along the lot lines. (6) Air pollution. No use shall discharge across the lot lines fly ash, dust, smoke, vapom, noxious, toxic or corrosive matter, or other air pollutants in such concentration as to be detrimental to health, animals, vegetation or property, or conflict with public air quality standards. (7) Heat and glare. No use shall produce heat or glare in such a manner as to create a hazard perceptible from any point beyond the lot lines. (8) Water pollution. No use shall produce erosion or other pollutants in such quantity as to be detrimental to adjacent properties or conflict with public water quality standards. (9) Waste matter. No use shall accumulate within the lot or discharge beyond the lot lines any waste matter whether liquid or solid, in conflict with applicable public health, safety and welfare standards and regulations. (Am. Ord. 91-OR-18, passed 5-6-91) § 156.002 I~'£r.~,PRETATION. (A) In interpreting and applying the provisions of this chapter they shall be held to be the minimum requirements for the purposes cited in this chapter. It is not intended by this chapter to interfere with, abrogate or annul any easements, covenants, or other agreements between parties, nor is it intended by tl~ chapter to interfere with, abrogate, or annul any laws or ordinances, other than expressly repealed hereby, or any rules, regulations, definitions, or permits previously adopted, issued or used in prior zoning decisions of the city. Any prior building or use appreved by prior ordinance and in conformance with that ordinance and prevailing law shall not be subjected to tl~ chapter until a change in use, building or development is requested. Such uses and buildings shall be considered non-conforming to this chapter. After adoption of this chapter these uses and buildings shall come under the regulations of th~ chapter. (B) In interpreting district boundaries, the following rules shall apply: (1) Boundaries indicated as approximately following the center lines of public ways shall be construed to follow such center line(s). (2) Boundaries indicated as approximately following grant lines, section lines, or levees shall be construed as following center lines of such boundary indications. (3) Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks. (4) Boundaries indicated as following the shore or bank line of rivers, streams, canals, lakes, or other body of water as set out by the appropriate state, federal agency, or, if no such agency ex~ts, the Plan Commission, shall be construed to be the center line. In the event the boundary line moves with the actual shore or bank line, the boundary line shall be construed to follow such center line. (5) Boundaries indicated as parallel to or extensions of features indicated in (1) through (4) above shall be so construed as those construed in the applicable section (1) through (4) above. Zoz~ng C, ocle 113 Distances not specifically indicated on the Official Zoning Map shall be determined by scale of the map as scaled by the highest ranking employee of the Planning CoramL~ion or his designee. (6) Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map, or in other circumstances not covered by sections Il) through (4) above, the Board of Zoning Appeals shall interpret the district boundaries. (7) The vacation or relocation of right-of-ways or public ways and lot lines shall not affect the location of district boundaries, provided, however, whenever any right-of-way is vacated by proper authority, the districts adjoining each side of such vacation shall be extended automatically to the center of such vacation. (8) Where a district boundary line divides a lot which w~s in single ownership at the time of passage of tt~ chapter, the Board of Zoning Appeals, upon appeal, shall interpret the applicable regulations for either portion of the lot not to exceed 50 feet beyond the distr/ct boundary line into the remaining pelion of the lot which is in the same ownership at the adoption of this chapter. (Am. Ord. 91-OR-18, passed 5-6-91) § 158.00~ DI~rrlONS. For the purpose of th/s chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words in the present tense include the future and vice-versa: words in the singular number include the plural number and vice versa. ~BUTTfl~(~. Land having property or zone district lines which are m common or which are directly across from each other on either side of an alley. A(~0'~$$. Shall mean a way of entering or exiting a property by way of public way, street or thoroughfare; however, in no case is entry or exit for business access through a residentially zoned area permitted except for entry and exit to uses permitted in a residential zone. ACC'ES$OI{T'BD'3Z, D.~/G OR D'SE. An accessory use or building shall conform to all of the following: (1) An accessory building which is constructed or a use which is conducted on the same lot as the principal use to which it is, whether located within the principal building or accessory building. The accessory use or building shall clearly be subordinate in height, area, bulk, extent, and purpdse to the principle use or building. The use or building shall be an accessory building or other structure, or be an accessory use or building to the zoned land; (a) no additional parking shall result from the accessory use or building; (b) it shall be a building or use which is clearly incidental tc and customarily found in connection with, such principal use; and (c) it is in the same ownership as the principle use or building and must be operated and maintained on the same zoning lot solely for the benefit or convenience of the owners, or occupants of the principal building or use; (d) the building or use shall be subordinate to the principal building or use; (e) the accessory use or building shall not change or alter in any way the character of the preraises, nor shall it be used for human occupancy. (2) Public utility communication, electric, gas, water, and sewer lines, their supports, and incidental equipment meeting development and performance standards for the zone district which they are located within. 114 Jell, cie - Larval U~,,ge (3) Television antennas shall be a pen'rdtted accessory use in accordance with the following: (a) In all residential districts, television antennas which are located on the ground shall be located in the rear yard of the principal building ~×ed to the land; or be affixed to the land within three feet of the exterior wall of the principal building and within the m/n/mum required side yard of the zoned district it is located within. When ~ed to the land in the rear yard, the antenna must be within the minimum rear yard requirements for the zoned district it is located within. (b) In all residential districts, a satellite television antenna having a diameter of eight feet or less may be located on the side, not to exceed beyond the front line of the public structure, rear of the principal building or on the side or rear of an approved accessory building. When af~ed to the roof of a residential structure, all height, bulk, nature, and extent, and placement shall be in compliance with the regulations for that district. (c) In all districts, except residential districts, a satellite television antenna having a maximum height when aFnxed to the ground shall not exceed 20 feet and when aff'~ed to the rear or side of the building, land, or roof shall not exceed the height, bulk, nature, or regulations for the district in which it is affixed by more that ten feet, or an aggregate of 40 feet in height, whichever one is highest. (d) A television antenna having printed materials on or attached to its surface in a height greater than three feet shall be considered and treated as a sign by this chapter. (e) All cables and connections from a television antenna to other equipment on the zoned lot exceeding six feet shall be buried underground at the time the antenna is alT~xed to the land or building. When affixed to a building, the cables and connections must be concealed at the time of affixture; no delay in burying or concealing the cable in conformance with this chapter is allowed by this chapter. (f) No antenna affixed through the authority of this'chapter shall interfere with the quality of Iffe of the surrounding area's use in a manner or affixed such that it will create electrical or other interference with radio/television communications in the immediate area. ~ A public right-of-way which is a nan'ow way less in width than a street, and other than a street, road, crosswall~ or easement, not designed for general travel but is designed to provide only a secondary means of access for the special accommodation of the property abutting along its length. .~IUTOI~OBI~E $.EI~ICP, ST.$1TION (~OI~IIT~ r"'~,I,~l~G ST.~ITIO. NS). A place where gasoline (stored only in underground tanks), kerosene, lubricating off or grease for operation of automobiles, trucks, or boats, are offered for sale directly to the public on the premises, and including minor accessories and service, but not including such major repairs as, among others, any of the following: spray painting; body, fender, clutch, transmission, differential, axle, and frame repairs; major overhauling of engine requiring removal therefrom of cylinder-head of crankcase pan; repair of radiator requiring the removal of radiator therefrom; and complete process of tire recapping (installation of recaps allowable; however, recapping of tires is not perraitted.) All work to be entirely done within the conf'mes of the garage area and not on the drive area exposed to public view. ~tU'I'OIV~OBIT~E ~' ~.~D. Any place where two or more motor vehicles not in running condition or inoperable or not having a current license are stored or any pans therefrom are stored in the open and are not being restored to operate; or any land, building or structure used for wrecking or 115 storing of such motor vehicles or faxra machinery, or parts therefrom and not being restored to operating condition; and including the commercial salvage of any other goods, articles or merchandise. ~ (t:~-r~.r.,~). Any story below the first story of a building in which the surface of the floor is less than four feet above the adjacent ground elevation at all points. ~ AND BRF-.A~:'A$~'/]N/T. A room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, which are rented on a nightly basis for periods of less than a week. Meals may or may not be provided by the owner or manager. No room or group of rooms may be used by renters for cooking or eating. B/~OCK Property having frontage on one side of a street or other transportation route such as railroad right-of-way, waterway, or public open space, and not transversed by a through street. B/~OCgRE~D~. Apiece of land residentially zoned usually bounded on all sides by streets, or by physical barriers such as water bodies or public open space, and not transversed by a through street. No uses other than those approved as residentially zoned shall be allowed in a residential block, The Board of Zoning Appeals of the City of Jeffersonville, Indiana. IJO, AP. DIN~ItOD"~,. A building, or portion thereof, where lodging or meals or both are provided for three or more persons who are not members of the operator's family, but not over 30 persons normally by prearrangements for definite periods of time and for compensation, whether direct or indirect; such as boarding houses, temporary shelter care, congregate living, group homes, bed and brealdast units, and others. Br. flT~Dfl~'~-~. The portion of the lot re~g after required yards, set back lines, or visibil/ty requirements on comer lets, have been provided. Buildings may be placed in any part of the building area, but if there are liraitatious on the amounl of the lot which may be covered by buildings, some open space may be required within the building area. OF. The line of the face of the building nearest the front lot line. I~U1DDIN'~ t'fl~12~IT OF. The vertical distance measured from the established curb level if such a curb exists; otherwise the building height is measured from the lot ground level; in all cases the measurement is to the highest point of the roof for a flat roof; to the deck line of a mansard roof; and to the highest peak ridges for gable, hip and gambrel roofs. BIWr. D~/'/7/2N~ The line nearest the front of and across a lel established, the minimum open space to be provided between the front line of a building or strUcture and the public way. BD'~I~,~ OR ~,O. Mlt~:~CIA~. An occupation, employment, or enterprise which occupies time, attention, and ruater~l~; or wherein merchandise is exhibited, purchased, bartered, exchanged or sold. C...~lt/P, PD'~B/.J~. Any area or tract of land used or designed to accommodate two or more automobile recreational vehicles, either towed vehicles or motorized, house trailers, mobile homes, or two er more camping parties, including cabins, tents, or other camping outfits. CAR WASK A building, or portion thereof, where automobiles are washed with the use of a chain conveyor and blower or steam-cleaning, production line methods or other mechanical devices. 116 Je~eraonwflle - Laxtd Usage c;~a~:~-.i~r~. Land used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundary of such cemetery. c~'.~'~-3~ O.~' OG"GTYP.,a~/~b-~. A certificate stating that the occupancy and use of the building or structure referred to therein complies with the provisions of this chapter and the building codes as adopted. The City of Jeffersonv'ille, Indiana. ~ A facility for human ailments operated by a group of physicians, dentists, chiropractors, or other licensed medical practitioners, or any combination, of the above mentioned, for the treatment and exaraination of outpatients. G'~b~ OR LOZTt:~e P.RIVA~'2~. A non-profit association of persons who are bona fide members paying annual dues, which owns. hires, or leases a building, or portion thereof, the use of such premises being restricted to members and their guests. The operation and management of such "private club or lodge" are conducted by a board of directors, executive committee, or similar body chosen by the members at an annual meeting. It shall be permissible to serve food and meals on such premises providing facilities approved by the appropriate governmental agency are procured prior to food functions. The sale of alcoholic beverages to members and their guests shall be allowed provided it fs secondary and incidental to the promotion of some other common objective by the club or lodge, and further that sale of alcoholic beverages is in compliance with all applicable state, federal, and local laws. The City Plan CommL~ion. C70.~¥Z~ LO'/'. A lot at the junction of and abutting two or more intersecting public ways having a designated space (on a case by case review of the visibility, performed by visiting the lot) in which nothing is permitted to be built, placed, or grown in a way that would impede visibility at the intersecting public ways. Z).~.~G~U:~.BrJ~.~.~11~. A building having no structural connection with another building on the same zoned lot or any other lot. A detached building is an accessory building to the principal building and, as such, shall conform to the definition on accessory buildings. DEIr~OP~$~I'I' PY.~. Means specific plans for the residential, commercial, or industrial development of property, setting forth certain information and data required by the Plan Commission. D.~G'~. A section of the city for which uniform regulations governing the use, height, area, bulk, size, and intensity of use of buildings and land, and open spaces about buildings, are herein established. Z)~.~'.E~',~r.~/V'/~. Au establishment which is designed to provide service, either wholly or in major part, to customers, while in their automotive vehicles, upon the zoned premises, excluding drive-in theaters. Z~ A building substantially affixed to the land or portion thereof, used prima:ily as a place of abode for one or more human beings and meeting the del'mitten of building, but among other things F~ C~lo 117 not including hotels, motels, lodgin9 or boarding homes, tents, buses, vans, tourist homes, or recreational vehicles. l~w~..',.r.r~ ~ A dwelling unit consists of one or more rooms which are arranged, designed, and used as living ClUar~em for one family only. Individual bathrooms are not necessarily provided, but complete single kitchen facilities, permanently installed shall always be included in a dwelling unit. F.~'~I~. Is an individual or two or more persons related by blood or marriage and/or a group of not moro than ten persons (excluding servants) who need not be related by blood or marriage living together in a dwelling unit. ~'~ Any constmction of wood, metal, masonry, or other material, erected for the purpose of assuring privacy or protection. In no case shall the fence or its material resemble junk (as described further) or be assembled from junk. FI~O.~ZONI~. A zone district whose requirements are fully described in the text of the chapter but which is unmap~. To be used in areas previously zoned agricultural or annexed into the city that would be zoned agricultural. Frequently, land is zoned agricultural that is no longer practical or expedient for such nsc and is in the pathway of suburban expansion. F~OOR.~F~. For the purpose of determining the floor area ratio, the floor area of a building is the sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior v~ll.~ or from the center line of walls separating two buildings. The floor area of a building shall include the basement area, elevator shafts, stairwells at each floor, penthouse, attic space having headroom of seven feet four inches or more, interior balconies, interior accessory uses (such as but not limited to closets), and floor space used for mechanical equipment except equipment, open or enclosed space, and located on the roof. Any space devoted to off street parking or loading shall not be included m floor area. The floor area of structures devoted to bulk storage or materials shall be determined on the basis of height in feet, that is, ten feet in height shall equal one floor. Floor area when prescribed as the basis of measurement for off street parking spaces and loading berths, for any use, shall mean the sum of the gross horizontal areas of the several floors of the building, or portion thereof, devoted to such use, including accessory storage areas located within working or selling space such as counters, racks, or closets, and any basement floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices. However, floor area for the purpose of measurement of off street parking shall not include: floor area devoted primarily to storage purposes (except as otherwise noted); floor area devoted to off street parking or loading facilities, including aisles, ramps, and maneuvering space; or basement floor area other than area devoted to retailing, processing of goods, or to business or professional offices. Fr_.,OOR ~.~lt~/O. A mathematical expression determined by dividing the total floor area of a building by the area of the lot on which it is affixed, as: Floor area Lo1 area = Floor Area Ratio (1) P.~V,~I~E C~'~?,&~. An ac cessory building, includin9 a car p°rt' with capacity f°r n°t re°re than three motor vehicles per family, which may be the family's boat. or trailer for transportation of the 118 Je/tmmsonvill~ - Land boat, no more than one vehicle of which may be a commercial vehicle of not more than one and one half ton capacity. A garage designed to house two motor vehicles for each family housed in an apartment shall be classed as a private garage. (2) .P[F~A/C C,~;~G~ Any building, or premises, except those defined herein as a .PFJV.~TE C,,~?~ used for the storage or care of motor vehicles, or where such vehicles are equipped for operation, repaired, or kept for remuneration, hire or sale. G~OUAr~ .F~OOR.~2?,F_,~ The square foot area of a residential building within its largest outside dimensions computed on a horizontal plane at the ground floor level, exclusive of open porches, breezeways, terraces, detached garages, and exterior stairways. G~OU~ HO/t4~ A dwelling or boarding house used as living quarters established as a home for housekeeping by a group of people having a reduced ability to dope with and function in the everyday world. HO. rv'~' OCC[;'P.&T/'ON. Any use conducted entirely within a dwelling and participated in solely by members of the family occupying the dwelling, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof and in connection with which there is no commodity sold upon the premises except that which is produced thereon. Offices, barber shops, beauty shops, tailors, accountants and other occupations may be included at the determination of the Plan Commission. However, in all cases the occupants shall be the only employees of the home occupation. HOT,--',. or 1~4'O',',--',-. A building or group of buildings on the same zone parcel in which lodging is provided and offered on a more-or-less temporary basis. The building shall contain sleeping rooms usually occupied singly to the public for compensation and which is open to transient guests, as in contradistinction to a boarding house. No provisions shall be made for cooking within any individual room; however, maid service, the furnishing and laundering of linens, bell boy, desk service, and the upkeep of the furnishings are provided for. I~R~ I~OC~TION/~/~%~T. A permit provided by city ordinance stating that the proposed development, either land development or alteration, building construction of any son, either alteration, enlargement are within the provisions of the master plans. · N'~U~/,P~,.P.,~,.~ A special or exclusive type of planned industrial area designed and equipped to a community of industries. LOT. A lot other than a "corner lot" or "through lot." ~ Waste, discarded or salvaged materials that are used, bought, sold, baled, packed, disassembled or handled, including automobile pans and inoperable or currently unlicensed vehicles, used furniture, household equipment, used or salvaged materials from manufacturing equipment, operations, or motor vehicles, and such other materials as may from time to time be designated by the Plan Commission. JUN/f ~',F~.D. A place, usually outdoors but which may be indoors, where waste or discarded used property other than organic matter is accumulated and/or stored and is or may be salvaged for reuse or resale, including but not limited to one or more unlicensed or inoperable motor vehicles or pans therefrom or other discarded or waste material or property and materials and items defined in JUNK above. ~"JVN~. Any lot or premises on which four or more dogs, or small animals, or combination thereof, at least four months of age, are boarded, bred, cared for or kept. The total area within the lot or project boundaries. LO,~ID~'~'.~N'D UN/~O~DffS'G.i~K~'~. The off street area required for the receipt or distribution by vehicles of material or merchandise, which is held to be at least a 12-foOt bY 40-foot loading space with a 14-foot high clearance. LO'/'. A parcel, tract, or area of land accessible by means of a public way or place and of sufficient size to meet minimum zoning requkements. LOT CO~IGE. The percentage of the lot area by the building area. Such coverage is usually expressed as a percentage of the lot area that is covered, occupied or enclosed by the principal and accessory buildings. (1) For buildings having wails adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the street. (2) For buildings having walls adjoining more than one street, the average of the elevation of the sidewalk at the center of all walls adjoining the streets. (3) For buildings having no wall adjoining the street, the average level of the ground adjacent to the exterior walls of the building. (4) Any wall in conformance with this chapter approximately parallel to and not more that five feet from a street is to be considered as adjoining the street. (1) .FROA~/~OT/~.~'~ In the case of an "interior lot," a line separating the lot from the street or place; and in the case of a "comer lot" a line separating the narrowest street frontage of the lot from the street, except in cases where deed restrictions in effect specify another line as the FRO/V/'/.,OT /.4NE. (2) RF_,,~R/~OT/~/¥E. Alot line which is opposite and most distant from the "front lot line" and, in the ease of an irregular or triangularly shaped lot, a line 10 feet in length within the lot, parallel to and at the maximum distance form the "front lot line." (3) -~/:~E/*OT/'nFE. AnY lot boundary line not a "front lot line" or a "rear lot line." (4) /~OT OF RECORD. A lot which is part of a recorded development plan, subdivision, planned unit development and recorded in the Clark County Recorders Office, or a lot or parcel described by metes and bounds, the description of which has been so recorded. 120 Je/~e~o~ - Land Usage The dimension of a lot, measured between side lot lines on the building line. .~rD~".~IO'/~"R/N~. The processing, fabrication or repairing of any goods, products, or materials where no continuous process involved will produce fire hazard, electrical disturbances, noise, vibration, odor, air pollution, heat, glare, water pollution, drainage in any greater amount than prior to manufacturing process, or waste matter which will disturb or endanger any neighboring property and where such operations and storage are enclosed. ~,~U~}l~r~ ~'O/t~ A dwelling un/t, designed and built in a factory, which bears a seal certifying that it was built in compliance with the federal Manufactured Housing Construction and Safety Standards Law of 1974 (42 U.S.C. 5401 et seq.). ~:~:t.,~/~.[~N.. The complete plan, or any of its parts, for the development of the city, prepared by the Plan Comm~ion and adopted in accordance with applicable statutes, as amended, as is now or may hereafter be in effect. ~OSrr.~-- B'O/~. A detached residential dwelling designed for long term occupancy and containing sleeping accommodations, a flush toilet, a tub or shower, kitchen facilities, with plumbing and electrical connections provided for attachment to other systems and designed for transportation after fabrication on public ways on its own wheels or on flat bed or other trailers, and arriving at the site where it is to be occupied as a dwelling eemplete and ready for occupancy except for minor and incidental unpacking and assembly operations, location on iacks, or other temporary or permanent foundations, and connections to utilities. A travel trailer or recreational vehicle shall not be construed as a mobile home, nor are new and different types of housing which are defined elsewhere in this chapter. Truck bodies, bus bodies, railroad cars, shacks, and improvised shelters which may be moved by truck, tractor, automobile, or horses or can be carried, transported, or towed from one place to another without the use of regular house moving equipment, unless such living quarters shall include the requirements previously noted in this definition, shall not be construed as a mobile home. NONCIONI:'O. RIt4IN(7 U~E. Any building or land lawfully occupied by a use at the time of the passage of this chapter or amendment thereto which does not conform after the adoption of this chapter or amendment thereto with the use regulations of the district in which it is situated. Existing improvements which do not m.eet required lot size, setback lines, height, intensity, off street parking and loading, signs, and other regulations for the district in which they are situated, are not non-eenforming uses as defined herein. O~C'[~.u~ ~.~AC~. Means the total area of earth horizontally covered by a structure, excluding accessory stwctures such as, but no limited to, garages, patios, and porches. OP.~N'$PAC'I~. Space suitable for recreation, gardens, or household service activities such as front, side, or rear yards. /~.~.~--~/~[,F~/.,/C. Any open area, other than a street or alley, designed for use or used for the temporary parking of more than four motor vehicles, when available for public use, whether free or for compensation, as an accommodation for clients or customers. /~N'G,.~}IC~ (OF~ ST/~"~, ONe). A space other than on a street or alley designed for use or used for the temporary parking of a motor vehicle, and being not less than 10 feet wide and 20 feet long, exclusive of passageways. (Refer to particular zoning use) P~ON, A corporation, firm, partnership, association, organization, or any other group acting as a unit, as well as a natural person. PL~-.. Any open, unoccupied space other than a street, or alley, or public way, that is permanently reserved for use as the principle means of access to abutting property. plier 6'O/~%~.~JOA': Refers to the City of Jeffersonville Plan Conurussion. The term does not include a regional planning commission establ/shed under IC 36-7-7 [36-7-7-1 - 36-7-7-13). [IC 36-7-7-14, as added by Acts 1981, P.L. 309, section 14.] P~ UNIT DEVET~OPAMEB~. A subd/vision of land within any zone district designed as a combination of uses or single use planned for a tract of land to be developed as an integrated unit under single ownership or control, which is developed for the purpose of selling or leasing sites, lots or estates, whether fronting on private or dedicated streets, which may include two or more p~incipal buildings. ~mpJlqC~m~ BU~'.n/N'G. A building in which is conducted the main or principal use of the zoned lot on which the building is affixed. Where an accessory building is attached to the main building in a substantial manner, as with a wall or roof, such accessory building shall be considered pan of the main building and shall be counted as a part of the principal building. I~BIVATESGHOOL. Private pre-primary, primary, grade, high, or preparatory school or academy. PRO~NA~, O~-2-:~GE. Office of a member or members of recognized professions, such as an architect, accountant, attorney, artist, dentist, engineer, musician, physician, surgeon, or other professional person. Includes any tract owned by the state or political subdi',4sion. PD~L/G' 'W'A~. Includes any highway, street, avenue, boulevard road, lane. or alley. .P.J~%rSE D.~OSA~ FAG'T/DI'/~. A refuse disposal facility is deemed to include sanitary landfill, incineration, grinding or any other process oriented to disintegration or recycling of solid waste material, provided, however, that salvaging of scrap or junk shall not be permitted in any refuse disposal faci~ty. RE~DEhw/'L~ BU/LD~VG. Any structure which shall be: permanently and securely affixed to the land; has one or more floors (stories) and a roof, the roof being supported by columns or walls, for the shelter, support, enclosure, or protection of persons, chattels, or property; is bounded by either open space or the lot lines ora zoning lot; and when separated by party walls, without opening through such w~ll~, each portion of such a building shall be considered a separate structure, includes the word "structure." A residential building shall not include, among others: tents, tanks of any type, lunch wagons, buses, vans, dining cars, trailers manufactured for recreation, or other roofed structures on wheels, or other supports used for residential, business, mercantile, storage, commercial, industrial, institutional, assembly, educational, or recreational purposes. A building shall not include such structures as billboards, fences, television towers, or radio towers, or strnctures with interiors not normally accessible for human use. Aw.2~H~D~ LOT. A lot accessible and fronting on a public way or public place and which is for residential use as set forth in this chapter, abutting upon a public way or place for at least 60% of the lot width prescribed for the district in which the lot is located. It may be a single parcel separately described in a deed or plat which is recorded in the Office of the Clark County Recorder, or it may 122 Jet~,~onv~le - land U~age include parts of, or a combination of such parcels when adjacent to one another and used as one. In deten'nining lot area and boundary lines, no part thereof within the limits of a public way shall be included. .rCEST .EO~ ~ HOlff~ CO~'V'~C2~'T HO.M~ A health facility where persous are housed and furnished with meals and continuing care for compensation. ~zlOPP~ C~v'~'~. Is a group of commercial establishments planned, developed and managed as a unit, with off street parking provided on the property, and related in its location, size, and type of commercial establishments to the trade area which the shopping center serves. A shopping center shall require a Development Plan. ~G[~. Any board, device, or stmcture, or part thereof, used for advertising, display, or publ/city purposes. Signs placed or erected by governmental agencies for the purposes of showing street names or traffic directions or regulations for other governmental purposes shall not be included herein. ,~.EC/,~ .J~J'O-"~:r~O.N. For the purpose of this chapter, the term "variance" or "special exception" shall be read to inchide special uses, contingent uses, and conditional uses. ST~'~:~-"l: A public way established or dedicated by duly recorded plat, deed, grant, governmental authority or by operation of law. $~U~./RN Anything constructed or erected which requires being affixed to the ground or an attachment to something being afl'need to the ground. Includes "building." $~Rr./~;~:~2:;~I~ro~. Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the exterior walls or the roof. S[rJ~D~ON. The division of a parcel of land into lots, parcels, units, or interests in the manner defined prescribed by a subdivision control ordinance adopted by the legislative body under IC 36-7-4-100 (36-7-4-100 through 36-7-4-1213), (IC 36-7-1-19, as added by Acts 1981, P.L. 309, section 19; 1981, P.L. 310, section 3; 1982, P.L. 211, section 1.) or a Development Plan approved under the provisions of this chapter. . ~J'ORODrG'/'~,.~. Means a public way or public place that is included in the thoroughfare plan of a unit. The term includes the entire right-of-way for public use of the thoroughfare and all surface and subsurface improvements on it such as sidewalks, curbs, shoulders, and utility lines and mains. lot having frontage on two parallel or approximately parallel streets. ~"OUR~'/'/O~. A building in which one but not more than five guest rooms are used to provide or offer overnight accommodations to transient guests for compensation. 2'I~.~DE OR.~SC'HOOI~. Vocational or business school or college when not publicly owned or not owned or under the sponsorship of a religious, charitable, or nonprofit organization; or a school conducted as a commercial enterprise for teacMng trade or business technology, including, but not limited to: instrumental music, dancing, barbering or hairdressing, drafting, or for teaching industrial or technical arts, including but not limited to automotive, heating/ak-conditioning, andcomputer technology. Those spaces between the bottom of the floor joints and the earth. onlng Code ~ The use of propezly is the purpose or activity for which the land Or building thereon is designed, arranged, or intended, or for which it is occupied or maintained. (1) O,~,~3~' ~ The use of a lot without a building or including a building incidental to the open use with a ground floor area equal to 594 or 1ess of the area of the lot. (2) A'ONOOATO~ U~. See NON-GOATOBA~NG USE definition. ~'~2F(:~ A modification of the specific requirements of this chapter granted by the Board of Zoning Appeals. The Board of Zoning Appeals shall approve or deny variances of use from the terms of the zoning code. The Board mayimpese reasonable conditions as a pax1 of its approval. Ava.dance may be approved under this section only upon a determination in writing that: (1) The approval will not be injunous to the public health, safety, morals, and genera] welfare of the community;, (2) The use and value of the area adjacent to the property included in th~ variance will not be affected in a substantially adverse manner; (3) The. need for the variance arises from some condition peculiar to the property involved; (4) The strict application of the ten-ns of the zoning code will constitute an unnecessary hardship if applied to the property for which the variance is sought; and (5) The approval does not interfere substantially with the comprehensive plan. The Board of Zoning Appeals shall approve and deny variances from the development standards (such as height, bulk, or area) of the zoning code. Avariance may be approved under this section only Upon a determination in writing that: (a) The approval will not be injurious to the public health, safety, morals, and general welfare of the community; (b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and (c) The strict application of the terms of the zoning code will result in Practical difficulties in the use of property. V~ION 6'LF_.~%~K:~E ON (~O~u'vk;~ LOTS. A triangular space at the come/' ~of. any public way or public or private comer lot shall be free from any kind of obstruction to vision between the heights of three and 12 feet above established grade, determined by a diagonal line connecting two points measured 25 feet equidistant from the street corner along each property line, F~?.D. A space on the same lot with a main building, open, unoccupied, and unobstructed by structure, except as otherwise provided in this chapter. (1) r'~OA~ T'~2~D. Ayard extending across the full width of the lot, unoccupied other than by steps, walks, terraces, driveways, lamp pests, and similar structures, the depth of which is the least distance between the street right-of-way line and the building line, 124 Jeffersonvflle - I.m.,u:l Usage (2) ~ T'.~,D. A yard extending across the full width of the lot between the rear of the main building and the rear lot line; unoccupied other than by accessory buildings which do not occupy more than 30% of the required space; the depth of which is the least distance between the rear lot line and the rear of such main building. (3) ,,.q~E F.~V,D. A yard between the main building and the side lot line, emending from the front yard or front lot line where no front yard is required, to the rear yard. The width of the required side yard is measured horizontally, at 90 degrees with the side lot line, from the nearest pan of the main building. (4) TPuV~'~OAr~v~ F~D. A yard in effect when a non-residential zone district abuts or is adiacent across a street to a residential zone district. ZO~'~r~'M,~/:'. A map entitled "Jeffersonville, Indiana, Zone Map" dated 1960, or any amendment thereto. ('77 Code, App, D Section 4,6) (Ord. 1827, passed 4-4-60) (Latest Admendment dated 4-17-89) ZOA~]FG OI%Dlh~NG"E. Refers to an ordinance adopted under the 600 series of IC 36-7-4 or under prior law. The term includes all zone maps incorporated by reference into the ordinance. (Am. Ord. 91-OR-18, passed 5-6-91) § 156.004 ANN~x~-;,] O1{ VAC, A'r'--"~ ~ (A) Ifit is determined by the Plan Commission that the County Zone or territory hereinafter annexed to the city meets the objectives of the Master Plan, reasonably meets the purposes of this chapter, taking into consideration the condition, character of current structures, uses in the district(s), as well as the most desirable use for which the land is adaptable, conservation of property values, throughout the city, and creates responsible development and growth, the following table of zone conversion may be used. Otherwise the annexed area needs to be zoned by the Plan Commission as provided for the amendment of the Zoning Map in accordance to lC 36-7-4-601, 601,603, 604, 605, 608, and 610. t/~ ~"'/mpter /n ~:,uuty O~frm~c'e R1 C1 R1 A1 RI RS Ri R1 R2 R2 B1 B1 B2 B2 B3 B3 I-1 Mi Zonin~ ~cle 125 (B) Whenever any street, alley, public way, railroad, right-of-way, waterway, or other similar area is vacated or annulled by proper authority, the districts adjoining each side of such similar areas shall be extended automatically to the center of such vacation and all area included in the vacation shall then and henceforth be subject to all appropriate regulations of-the extended Districts. ('77 Code, App. D, § 7) (Ord: 1527, passed 4-4-60;Am. Ord. 91-OR-18, passed 5-6-91) No bUilding or land shall be used and no building shall be erected, reconstructed, or structurally altered, which is arranged, intended, or designed to be used for any purpose other than a use which is permitted and specified in a district in which such building or land is located. ('77 Code, App. D, § 8) (Ord. 1527, passed 4-4-60;Am. Ord. 9I-OR-18, passed 5-6-91) Penalty, see § 10.99 § 156.006 HEIGHT. No building shall be erected, reconstructed, Or structurally altered to exceed in height the limits established and specified for the use in the district in which such building is located. ('77 Code, App. D, § 9) (Ord. 1527, passed 4-4-60;Am. Ord. 9t-OR-18, passed 5-6-91) Penalty, see § 10.99 § 188.00'/ YARD, LOT ~ AND S'~.~.' OF BUILDINGS. No building shall be erected, reconstructed, or structurally altered in any manner which will encroach upon or reduce in any manner, the yards, lot area per family, ground floor area of residential buildings, or lot coverage regulations, established and specified for the use and the district in which such building is located. ('77 Code, App. D, § 10) (Ord. 1627, passed 4-4-60;Ara. Ord: 91-OR-18, passed 5-6-91) Penalty, see § 10.99 § 156.005 LOTS. Every building herea~er erected shall be located on a lot. ('77 Code, App. D, § 11) (Ord. 1527, passed 4-4-60;Am. Ord. 91-OR-18, passed 5-6-91) Penalty, see § 10.§9 126 Je~'~onlaqle - Land Usage § 156.009 PAItI~qG SPACES; LOADING. UNLOADING BER~IS. Every building hereafter erected shall provide parking space and loading and unloading berths as specified herein for the use to which such building is to be devoted. ('77 Code, App. D, § 12) (Ord. 1527, passed 4-4-60;Am. Ord. 91-OR-18, passed 5-6-91) Penalty, see § 10.99 § 156.010 &MEITDMENTS. All amendments to this chapter shall be in conformance with IC 36-7-4-507 through 36-7-4-509 and 36-7-4-607 through 36-7-4-610. ('77 Code, App. D, § 23) (Ord. 1527, passed 4-4-60; Am. Ord. 91-OR-18, passed 5-6-91) § 158.011 FILING y~-'~-'S. Applications and petitions [fled pursbant to the provisions of this chapter shall be accompanied by the [ding fees hereinafter specified. (A) For each application for a certificate of occupancy, the sum of $25 to be paid to and collected by the Building Commissioner. (B) For each petition for an appeal from the decision of the Building Commissioner to the Board of Zoning Appeals, a fee of $60 to be paid to and collect by the B;.tilding Commissioner, the receipt for which shall accompany the petition. Each additional request in same application an additional fee of $25 each will be charged. (C) For each application for the approval by the Board of a special exception, a fee of $60 to be paid to and collected by the Building Comrrdssioner, the receipt for which shall accompany the petition. Each additional request in same application an additional fee of $25 each will be charged. (D) For each petition for an amendment to this chapter, a fee of $60 to be paid to and collected by the Building Commissioner, tt{e receipt for which shall accompany the petition. Each additional request in same application an additional fee of $25 each will be charged. (E) For each application for a contingent use, a fee of $60 shall be paid to and collected by the Building Commissioner, the receipt for which shall accompany the petition. Each additional request in same application an additional fee of $25 each will be charged. (Ord. 1582, passed 4-2-62) (F) No part of any filing fee paid pursuant to this section shall be returnable to the applicant or petitioner unless canceled 72 hours prior to meeting date, at which time only $50 will be refunded. (G) For each permit permitting temporary building or trailer for construction purpose, a fee of $50 shall be paid to and collected by the Building Commission. (H) For each penuit permitting the use of a mobile home for an office for a period not to exceed one year, under § 156.084, a fee of $50 shall be paid to and collected by the Building Commissioner in addition to obtaining a certificate of occupancy as per the building code, as adopted. (Ord. 91-OR-18, passed 5-6-91) Cods 127 § 188.012 NON'~','~,r'r. ad~NCI~ wlTrI GP, E,A'r~.a~ P, ES~C'I'IONS O'I'I-]]~NTISE IMPOSED. It is not intended by this chapter to interfere with or abrogate or annul any easements, covenants, or other agreements between parties; nor to interfere with, or abrogate or annul any ordinance other than expressly repealed hereby; rules, regulations, or permits previously adopted or issued and not in conflict with any of the provisions of this chapter; or which shall be adopted or provided; except that where this chapter imposes a greater restriction upon the use of buildings or land, or upon the height of buildings, or requires larger open spaces or greater lot area per family, than are required or imposed by such easements, covenants, or agreements between parties, or by such ordinances, rules, regulations, or permits, the provisions of this chapter shall control. ('77 Code, App. D, § 3) (Ord. 1527, passed 4-4-60;Am. Ord. 91-OR-18, passed 5-6-91) § 186.013 SP~"CJAt, REG'I.TI, ATIONS. (A) Heliports. Landing pads and stations for helicopters and vertical take-off aircraft shah be subject to the fonowing special requirements: (1) Minimum heliport size shall be 200 feet by 400 feet. (2) No heliport shah be located within 500 feet of a residential district. (3) A clear zone (which no structure shall penetrate) shall be provided. A clear zone shall be described by a projected imaginary surface, the base of which encompasses the landing areas, extends upward and outward at a slope equal to one foot of vertical elevation to eight feet of horizontal distance, and extends to a vertical projection of the heliport boundary. (4) A clean landing surface shall be provided free of dust, loose gravel, and debris which may be blown about-by the down-wash .of the helicopters' rotors. (5) The landing area shall be well drained. (6) If a roof top is used as a landing area, it shall be located on a building not more than 35 feet tall, and the same obstruction clearance as required under division (A)(3) above shall apply. (7) The minimum setbacks required by the zoning district in which the heliport is located shall apply to all structures and the landing area. (8) A four foot chain link fence or other suitable ban-let shall be erected at least 75 feet from all landing surfaces. (Ord. 85-OR-31, passed 7-20-85) (B) Swimming pools. (1) An accessory or special use defined as: (a) Private swim.ming pools: A private swimming pool shall include all artificially constructed pools which are used in connection with and appurtenant to a one- or two-family dwelling and available only to the family of the deemed holder or his private guests. Said pool shall be deemed a permitted accessory use. 128 Je~onville - L~cl U~e (b) Semi-private pools shall include all artificially constructed pools which are designed to be used in connection with multi-family dwelling projects or coniunctive groups, such as apartment housing or motels, and aveilable only to such groups and their private guests but not available to the general public. Said pool shall be deemed a permitted accessory use. (c) General swimming pools: A general swimming pool shall mean an artificial pool of water including all appu~rtenances to its uses, and used for swimming or recreational bathing by the public. 1. A general swinunlng pool may be deemed a permitted accessory use to a public park or other similar facility. 2. A general swimming pool may be deemed a Special Use when it is operated as a primary use. (d) A wading pool shall be constructed as either a portable or permanent water container used for recreational wading purposes which is not over 18 inches at its deepest point. Any such container with a capacity in excess of 1000 gallons of water shall for the purposes of this chapter be classified as a swimming pool, and shall be subject to the appropriate regulations pertaining thereto. (2) Development standards: (a) Location: 1. A private swimming pool may be constructed within required side or rear setback lines, but not situated closer than ten feet to any adjoining property line. Any deck which is higher than one foot above the average adjoining grade level and adjoins such a pool shall not be situated closer than ten feet to any adjoining property line. 2. A semi-private swimming pool shall not be constructed closer than 25 feet to any adjoining residential property line. 3. A general swimming pool shall not be constructed closer than 50 feet to any adjoining residential property line. (b) Swimming pools and related items shall be visually screened as follows: 1. A landscape screen or opaque fence at least six feet in height shall be provided and maintained between an in-ground pool and any adjoining property line. 2. An opaque fence at least six feet in height shall be provided and maintained between an above-ground pool and any adjoining property line. In the ease where the area below a raised deck associated with the pool is enclosed, fenced, or with landscape materials, a landscape screen may be substituted for the opaque fence. 3. Exposed mechanical equipment appurtenant to either type of pool shall be enclosed, fenced or otherwise screened with landscaping materials. (c) Safety: 1. The pool area shall be enclosed by a substantial fence or other protective barrier which shall be adequate to prevent Persons, children or animals from danger or harm, and shall be equipped with a self-closing, self-latching lock gate. Such protective barrier may be chain-link or ornamental fence, solid fence or wall, or other solid structure including buildings and shall be not less than four feet in height. In no case shall a driveway penetrate said protective ban-let enclosing the pool 2. Abandoned pools and unused pools, situated on premises which are not occupied for periods of thirty days or more, shall be drained or equipped with a pool cover adequate to prevent accidents. 3. Contractors shall have the responsibility of protecting property excavation sited, in the course of construction, so that no undue hazard is created by period of rainfall or work stoppage. (d) AdeqUate off-street parking spaces shall be provided, but not less than one space for every 75 sq. ft. of water area that is over 36 inches deep for general swimming pools. (e) No pool shall be erected or constructed until adequate drainage measures are evident, adequate distance from overhead electric wires is allowed for, and an Improvement LOcation Permit is obtained thereof. (Ord. 91-OR-18, passed 5-6-91) § 156.014 SIGN (A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. .~TV/~'/'/~G,.q/GN. A sign which directs attention to any business, product, activity, or service; provided that the sign shall not be related or make reference to the primary use, business, activity, or service conducted on the premises. ,B/T.&BO,~.D .~D~'.r.~. A sign as defined as per this section in excess of 128 square feet surface area one side. .B~ ,.q/G~. A sign which directs attention to a business, product, activity, or service manufactured, sold, or offered upon the premises as the primary uses where the sign is located. .F'~I~. The surface of the sign upon, against, or through which the message of the sign is exhibited. .I~"/~.E:ATT,~ ~ A name plate or sign relating to the lot or use thereof and designating accessory uses, direction, identification, information, or real estate for sale, rent, or lease. ~P./~O/'~'~'/'//~ g/G~. A sign suspended from or supported by a building, structure, or column and projecting out therefrom more than 18 inches. ggr~¥. Any outdoor announcement, declaration, device, demonstration, or insignia used for direction, information, identification, or to advertise or promote any business, product, activity, services, or any interests. 130 Jeffersonv~e - ~ Usage ,,.~r $~VRU~TD'R.~. The supports, uprights, bracing, and framework for the sign. In the case of a sign structure consisting of two or more sides, where the angle formed between any of the sides (or the projection thereof) exceeds 15 degrees, each side shall be considered a separate sign structure. ,.~v~r $~R.~.~'"~ The entire area within a single continuous perimeter enclosing all elements of the sign which form an integral part of the display. (B) Development standards. The following development standards shall apply to all signs and sign structures in the industrial zoning districts: (1) (3eneral regulations. (a) No sign or sign structure attached to the wall cfa building shall extend above the roof or parapet line of that building. (b) Roof top signs or sign structures shall not be permitted. (c) Signs may be illuminated. (d) Signs shall not be flashing or animated. (e) Signs located on an awning shall be affixed flat to the surface thereof, shall not extend vertically or horizontally beyond the limits of the awning, shall be nonflluminated, and may indicate only the name or address of the use. (f) No sign structure, except a projecting sign structure, attached to the wall of a building shall extend more than 12 inches horizontally from such wall. (g) Not more than one proiecting sign structure shall be allowed for each grade level use and the maximum surface area of such sign shall not exceed 64 square feet per side. (Only one side of a projecting sign shall be considered in computing total allowable sign surface area.) No sign structure shall project closer than 36 inches to an imaginary perpendicular vertical plane at the street pavement line and in no case shall the sign structure extend more than eight feet from or beyond its supporting building, structure, or column. No proiecting sign or sign structure (except for the supporting building, structure, or column) shall be, at its lowest point, less than nine feet above grade level. (h) No sign or sign structure shall be placed on private or public proper~y without the written consent of the owner or agent thereof. (i) No sign or sign structure other than official highway markers shall be placed upon any street or highway right-of-way. fi) No sign or sign structure shall be erected at any location where it may interfere with, obstruct the view of, or be confused with any anthorized traffic sign, signal, or device. No rotating beam, beacon, or flashing illumination resembling an emergency light shall be used in connection with any sign display. (k) No sign or sign structure shall be located in a manner as to materially impede the view of any street, alley, private drive or highway intersection or in a manner as to materially impede the view of the intersection of a street or highway with a railroad grade crossing. (1) Temporary signs announcing construction, remodeling or rebuilding, sale, lease, or rentall shall be pernfitted for each lot frontage. These signs shall be removed when construction, sale, lease, or other indicated purpose is completed. One temporary sign not exceeding 32 square feet shall be permitted for each lot frontage of 150 feet or less. Temporary signs not exceeding 64 square feet shall be permitted for each lot frontage of more than 150 feet, provided that no two signs shall be located closer than 300 feet on any one lot. Where lot frontage is sufficient to permit two signs, one sign may be used in substitution, provided the total area does not exceed 128 square feet. Only one side of a double4aced sign shall count toward total temporary sign area permitted. (m) Signs or sign structures shall be set back in accordance with the building satback lines required by the industrial zoning district. In case the supporting building, structure, or column for a projecting sign is located closer than eight feet to the building setback line, the proiecting sign may extend in front of the setback line, but not more than eight feet beyond its supporting building, structure, or column. (n) Any sign or sign structure located on an industrially zoned lot which abuts a residentially zoned lot shall be set back so as to meet the side, rear, and front setback requirements exceeding those of the industrial district. In any event, no sign facing the side or rear lot on an abutting residentially zoned lot shall be located within §0 feet of the side or rear lot line. (o) Maintenance and removal: 1. Ali signs and sign structures shall be kept in repair and in proper state of preservation. 2. Signs which are no longer functional or are abandoned shall be removed or relocated in compliance with the provisions of this section, within 30 days following the disfunction. 3. Any legally established nonconforming sign shall be perrrdtted without alteration in size or location. If such sign is damaged exceeding one-half of its replacement values, it shall not be rebuilt. However, nothing herein shall prevent maintenance, repalnting, or posting of legally established noncordorming signs. (2) Advertising signs: (a) An advertising sign structure shall not exceed.128 square feet and shall not contain more than one advertising sign per facing. There shall be a lineal distance of a least 250 feet between sign structures. (b) Maximum height of advertising sign structures shall not exceed 35 feet above grade level at the base of such structures. (c) Billboards shall not exceed 720 square feet per advertisement. Facing in to exceed two facings per strucutre and shall be a minimum of 500 feet from other billboards. Further, all billboards must be approved by the Board of Zoning Appeals. (3) Business signs: (a) The sign surfaCe area of all business signs on a lot shall not exceed 200 square feet for the first 50 feet of the lot's street frontage, plus an additional three square feet in area for each lineal 132 Je~e~o~ - ~ Ues~e foot of street frontage over 50 feet. In addition, in the case of a comer lot, 20% of the allowable sign surface area for one street frontage may be deducted and added to the other street frontage. (b) The maximum height of business sign structures shall not exceed 35 feet above grade level at the base of those sign structures. (4) Incidental signs: (a) The number of incidental signs shall not be limited; provided, that the surface area of each sign shall not exceed four square feet. (b) Incidental signs, except those accessory to parldng and loading areas, shall be set back in accordance with the building setback lines required by the I-S District. (c) Signs accessory to parking and loading areas shall be subiect to the following requirements: 1. Directional signs for traffic, pedestrian, or other control, or designating entrances or exits to or from a parking or loading area, shall not exceed nine square feet in surface area per sign. 2. One sign, maximum surface area of 16 square feet, identifying parking or loading area shall be permitted for each street frontage of the parking area. The sign may include the name of the owner or name of the use for which it is provided. 3. Signs accessory to parking or loading areas shall be set back a minimum of two feet from any lot line unless attached flat to a building wall. (5) Integrated centers and industrial parks: (a) Content. The sign shall be limited to the name of the park or center, trademark, product, activity, or service of each industry and directional guide to the location of each industrial unit in the integrated center or industrial park. It may be illuminated, but shall be neither flashing or animated. (b) Area. The maximum surface area of such sign shall be one square foot for each lineal foot of frontage of the lot, but not to exceed 500 square feet. (c) Height. The sign structure shall not project higher than 35 feet above grade level. (Ord. 85-OR-31, passed 7-20-85) (Ord. 91-OR-18, passed 5-6-91) DIST~J~T BOUA'DA~ES; ZOA~G ~ § 186.020 DE'r.~.m. MINATION, I~'£~,PRETATION THEREOF. (A) In determining the boundaries of districts and establishing the regulations applicable to each district, due and careful consideration has been given to existing conditions, the character of buildings erected in each district, the most desirable use for which the land in each district may be adapted, and the conservation of property values throughout the city. Zoning Code 133 (B) Where uncertainty exists as to the exact boundaries of any district as shown on the zone map, the following rules shall apply. (1) In unsubdivided areas, or where a district boundary subdivides a lot, the exact location of the boundary shall be determined by use of the scale of the zone map. (2) In the case of further uncertainty, the Board of Zoning Appeals shall interpret the intent of the zone map as to the location of the boundary in question. ('77 Code, App. D. Section 6) (Ord. 1827, passed 4-4-60) (3) The Board of Zoning Appeals and Plan Comm~ion shall regulate a two-mile fringe on all current and any future boundaries of the city. (Am. Ord. 91-OR-18, passed 5-6-91) § 156.021 CI~SSIFICATION OF DISTRIC?S. (A) The city is hereby classified and divided into ten districts designated as follows. R1 Single-Family Residences R2 Single-, Two- and Multi-Family Residences B 1 Local Businesses B2 Service Businesses B3 General Business B4 Thoroughfare Service District Shopping Center Business B6 Business-Industrial District I1 Light Industry I2 Heavy Industry I-S Industrial Suburban (B) The districts identified above are described in the purpose section of each district's section. (Ord. 91-OR-18, passed 5-6-91) § 186.02fl ZONE The zone map, which accompanies and is hereby declared to be a part of this chapter, shows the boundaries of and the area covered by the districts. Notations, references, indications, and other matters shown on the zone map are as much a part of th~ chapter as if they were fully described herein. ('77 Code, App. D, § 13) (Ord. 1527, passed 4-4-60;Am. Ord. 91-OR-18, passed 5-6-91) 134 Je~,~or~fle - Lm'~l U~ge § 156.0~0 RESIDEN'IV. AL DISTRICT I~GULATIONS. The following regulations shall apply to all lend within the Residential Districts. (A) After the effective date of ttgs chapter: (1) With the exception of legally established nonconforming uses, no land, building, structure, premises or part thereof shall be used or occupied except in conformity with these regulations and for uses permitted by this chapter. (2) No building, structure, premises or part thereof shall be constructed, erected, converted, enlarged, extended, reconstructed or relocated except in conformity with these regulations and for uses permitted by this chapter. (a) Provided, however, legally established nonconforming uses may be reconstructed if damaged or partially destroyed by fire or other disaster when such damage or destruction does not exceed two-thirds of the gross floor area of the structure or facilities affected. (b) Provided further, however, any previously officially recorded, platted lot having less than the minimum lot area and/or minimum lot width required by the applicable Residential District regulations of this chapter for a one-family dwelling may be constructed thereon provided all other requirements of this chapter, including minimum yard and setback requirements, shall be met. (c) Provided further, however, any legally established nonconforming use public elementary, junior high or high school (including any structures, facilities and parking areas accessory thereto) may be constructed, erected, converted, enlarged, extended, reconstructed or relocated for such public elementary, junior high or high school use on the same lot or parcel, provided such school building, structure, facilities and perking area shall conform to the minimum yard and setback requirements of the applicable Residential District. (B) All uses established or placed into operation after the effective date of this chapter shall comply with the following performance standards. No use in existence on the effective date of this chapter shall be so altered or mocl~ied as to conflict with these standards. (C) Performance standards. (1) %r~bration. No use shall cause earth vibration or concussions detectable beyond the lot lines without the aid of instruments. (2) Air quality. No use shall emit into the air fly ash, dust, smoke, vapors, noxious, toxic or corrosive matter or air pollutants in such concentration as to be detrimental to health, anirr~)~ vegetation or property, or conflict with any public air quality standard. The stricter of federal, state, or local air quality standard shall be the determining standard. Current air quality standards shall be those obtained from regulating federal, state, or local agencies, that is, U.S. Environmental Protection Agency, Indiana Department of Environmental Management, or the Clark County Health Department as appropriate. 135 (3) Dust. No use shall cause dust, din, or fly ash of any 'kind to escape beyond the lot lines in a manner detrimental to or endangering the public health, safety, or welfare or causing injury to property. (4) Noxious matters. No use shall discharge across the lot lines noxious, toxic, or corrosive matter, fumes, or gases in such concentration as to be readily detrimental to or endanger the public health, safety, or welfare or cause injury to property. (5) Odor. No use shall emit across the lot lines odor in such quantity as to be readily detectable at any point along the lot lines and as to be detrimental to or endanger the public health, safety, or welfare or cause injury to property. (6) Sound. No use shall produce sound in such a manner as to endanger the public health, safety, or welfare or cause injury to property. Sound shall be muffled so as not to become detrimental due to intermittence, beat, frequency, shrillness or vibration. (7) Heat and glare. No use shall produce heat or glare creating a hazard perceptible from any point beyond the lot lines. (8) Waste matter. No use shall accumulate within the lot or discharge beyond the lines any waste matter, whether liquid or solid, in violation of the applicable standards and regulations of the Clark County Health Department, the I~dlana Department of Environmental Management, the Indiana State Board of Health or in such a manner as to endanger the public health, safety, or welfare or cause iniury to property. (9) All open off-street parking areas shall be surfaced with an all-we~.ther paving material capable of carrying a wheel load of 4,000 pounds, or improved with concrete or a compacted macadam base and surfaced with an asphaltic pavement, to adequately provide a durable and dust-free surface which shall be maintained in good condition and free of weeds, dirt, trash and debris, except that: a gravel surface may be used for a period not exceeding slx months after the date of granting the Occupancy Permit where ground conditions are not immediately suitable for permanent surfacing as specified above. (Ord. 91-OR-18, passed 5-6-91) § 166.031 R-1 $INGI~E-FAIvI~Y ]RE.~IDElqTIAL DISTRICT. This district is intended to recognize the existence of sUbstantial areas presently committed to moderate density single-family residential development. (A) Permitted uses. (1) Single-family dwelling attached to a public, semi-public, or public or private water and sanitary sewer facility that is in conformance with current permits of the Indiana Department of Environmental Management and as applicable to Clark County Health Department. (2) Accessory uses, and structures, subordinate, appropriate and incidental to the above permitted use purSuant to § 156.034(D). (3) Temporary uses, incidental to the development of the land durftg construction. 136 Je/~.~onv~le - Land Usage (B) Development standards. (1) Minimum lot area: 10,000 square feet, provided, however, anypatofasubdivisionconsisting of five lots or more submitted for plat approval in accordance with the Planned Development or Development Plan regulations of this chapter, may reduce said minimum lot area of 20% of the total number of lots within said plat, to the extent of 2094 below such 10,000 square feet requirement, provided the average size of all lots within said approved plat shall then be at least 10,000 square feet. (2) Minimum lot width: At least 70 feet, provided, however, any plat of a subdivision consisting of five lots or more submitted for plat approval in accordance with the Planned Development or Development Plan regulations of this chapter, may reduce said minimum width of 20% of the total number of lots within the said plat, to the extent of 20% below such 70 feet requirement, provided, further, each lot shall have at least 50 feet of frontage on a street. (3) Minimum front yard setback: 30 feet. (4) IVfnfnnum side yard setback: 14 feet. (5) Minimum rear yard setback; 14 feet, provided, however, for any building for more than one story, an additional 2¼ feet shall be added for each story in excess of one story to each minimum side and rear yard requirement. (6) Maximum height: (a) Primary building: 35 feet; and (b) Accessory building: 18 feet. (7) Maximum lot coverage shall not exceed 35% of the lot area. (8) Off street parldng space: two spaces per dwelling unit, and be at least ten feet in width and at least 18 feet in length inclusive of driveway. (9) Signs are prohibited. (Ord. 91-OR-18, passed 5-6-91) § 186.032 R-2 MULTI-FAMILY I~SIDENTIAL DISTI~IC?. This ~tdct ~ ~tended p~y to pro.de ~or ~b~ densiW resident~ development and allo~ for more choice ~ dwell~g ~it t~s. (A) Pe~tted uses: (1) S~gle-f~y dwell~g; (2) ~o f~y dwe~g; (3) M~ti-f~y dwe~g; Zonit'~ C, ocle 137 (4) Special uses, R-1 District; (5) Accessory uses, R-1 District; and (6) Temporary uses, R-I District. (B) Development standards. (I) Minimum area: 6,000 square feet per dwelling unit, provided however, any plat of a subdiv~'on consisting of five lots or more submitted for plat approval in accordance with a Development Plan or Planned Unit Development, may reduce said minimum lot area of 20% of the total number of lots within said plat, to the extent of 20% below such 6,000 square feet requirement, provided the average size of all lots within said approved plat shall then be at least 6,000 square feet. (2) When more than one dwelling unit is applied to each lot and the required minimum square foot of lot per dwelling unit is compiled, an additional 200 sq. ft. per parking space as required per this chapter of two spaces per unit must also be added to the minimum lot size~ Further, be advised that an additional square foot of yard area per 1,000 sq. ft. of bedroom must be provided in addition to the above to allow for play areas for children. (3) Minimum width: 60 feet per dwelling unit, provided, however, any plat of a subdivision consisting of five lots or more submitted for plat approval in accordance with the Subdivision Control Regulations, may reduce said minimum width to 20% of the total width of lots within said plat, to the extent of ten percent below such 60 feet requirement, provided, further each lot shall have at least 50 feet of frontage on a street. (4) Minimum square footage: Multi-family structures shall consist of minimum square footage in accordance with Inr~na State Building Codes or minimum 300 square foot per occupant in accordance with Table 33A of the Uniform Building Code or any code in effect under the statutes of Indiana. Square footage of area in respect shall regulate occupancy load. Minimum square footage for each unit shall be as follows: Living room Bedrooms Bath Kitchen Non-habitable rooms such as laundry, mechanical, etc. 160 square foot 120 square foot 40 square foot 70 square foot 50 square foot (C) Minimum setback liness. (1) Minimum front yard: 70 feet. (2) Side and rear. Each, 20% of lot for side and for rear 20 feet, provided, however, for any building of more than one story, an additional 2% feet shall be added for each story in excess of one story to each minimum side and rear yard requirement. (D) Maximum height. (1) Primary building: 35 feet. 138 Je~erso~ - Land Usage (~.) Accessory building: 18 feet. (E) Maximum lot coverage shall not exceed 40% of the lot area (§ 156.009). (F) Off street parking space: two spaces per dwelling unit, and as further regulated in § 156.030. (a) Signs: as regulated by the sign regulations of the city. (PI) Dumpster area: All dwelling units over 3-plex must have enclosed screened dumpster space for equivalent capacity of one cubic yard per unit. (Ord. 91-OR-18, passed 5-6-91) § 1~.0~ KESIDENT~L D~STP/CT BLr~LD~NG SETBAOI( LINES ALONG PUBLIC ST~T$. (A) Building setback lines shall be required along all public streets as hereinafter provided. Any yard abutting a street shall be deemed a front yard for purposes of determining front building setback lines unless otherwise specified by applicable sections of this code. (B) Said setback lines for unimproved blocks shall be in accordance with the street type designated in the Thoroughfare Plan-Ordinance of current adoption as follows: (1) Expressway or primary arterial. No part of any structure shall be built closer than 50 feet to any right-of-way line of an expressway or pi-imary arterial. (2) Secondary arterial or one-way arterial. No part of any structure shall be built closer than 40 feet to any right-of-way line of a secondary arterial or one-way arterial. (3) Collector street. No part of any structure shall be built closer than 30 feet to any right-of-way line of a collector street. (4) Local street, marginal access, or cul-de-sac thereof. No part of any structure shall be built closer than 25 feet to any right-of-way line of a local street with the exception, however, that said minimum setback line shall he 25 feet to any right-of-way line of a marginal access street or the vehicular turnaround of any local culde-sac. (5) Por purposes of this section, an unimproved block shall be defined as any block which contains existing legally established buildings on less than 30% of the frontage of the block (one side of the street) or a distance of 300 feet, whichever is the lesser. (C) S~jx~setbackYmesf~rimpr~vedb~cksshal~beinaec~rdancewiththesetbackdistancealready established. In any improved block which contains existing legally established buildings on 30% or more of the frontage of the block (one side of the street), or a distance of 300 feet, whichever is the lesser, the rrdnimum required building setback line for any new building shall be the average of such established setback line, but not less than 25 feet. (D) Said setback lines shall be as hereto required in this section with the following exceptions: (1) Along the fenced right-of-way line of any street, highway or arterial thoroughfare where access rights thereto have been purchased or otherwise required and controlled by a governmental Zoning Code 139 agency having jurisdiction thereof, the minimum building setback line shall be a distanee equivalent to not less than one half the height of the nearest building wall, provided, however, said setback line shall not encroach upon any easement. (2) In case of conflict with the front setbeck requirements of the zoning districts and transitional setback lines thereof, special uses or other applicable provisions of this chapter, the higher or most restrictive requ/rements shall govern. (3) Any street not designated on the Thoroughfare Plan Ordinance of current adoption shall assume a local or collector street designation for purpose of determining the building setback line, provided, however, that approved private streets may also determine building setback lines. (Ord. 91-OR-18, passed 5-6-91) § 158.034 PROVISIONS AND t~XCt~PTIONS TO RL"SID~qT~,L USIES. (A) Area and width. A single-family dwelling may be located on any lot in any district in which single-farrdly dwellings are permitted if the lot was in single ownership or included in a subdivision of record at the time of passage of this chapter even though the lot does not have the minimum lot width or the minimum lot area specified for the district. (B) Rear yard. One-half of an alley abutting the rear lot may be included in the required rear yard. (C) Basements. No basement shall be occupied until the residential structure has been completed. Basements used for human occupancy must meet minimum standards of the state building code of one and two family and UBC of the state and adopted by the city. (D) Accessory buildings and uses: (1) Accessory buildings are permitted in all districts, but not prior to the erection of the principal building. (2) No accessory building shall be located closer to a side or rear lot line than three feet nor exceed eighteen feet in height and, excluding garages, shall be set back from the front line of the lot at least 75 feet in RI and R2 Districts, and 40 feet in other districts. (3) Accessory uses such as walks, driveways, curbs, retaining walls, mail boxes, name plates, lamp posts, bird baths, and structures of a like nature are permitted in a required front, side, or rear yard. Fences, latticework screens, hedges, or walls, not more than six feet in height, may be located in any side or rear yard and shall not exceed beyond the front line of the structure. Trees shrubs, flowers, or plants shall be permitted in any front, side, or rear yard. (4) Fences, latticework screens, hedges, or walls of not less than 36 inches nor more than 48 inches in height may be located in any front yard. (E) Front yard. (1) Where 25% or more of the lots in the block area are occupied by buildings, the average setback of such buildings determines the dimension of the front yard in the block. 140 Je~ozwme - I~:l U~ (2) Building or setback lines established in a recorded subdivision shall establish the dimension of front yards in such subdivision, except when such set back lines may be less restrictive as provided in § 186.012 of the General Provisions. (3) On through lots a front-yard is required on each street. (F) Tapered yard. Where a reverse interior lot abuts a comer lot, or an alley separating such lots, an accessory building located on the rear lot line of a comer lot shall set back from the side street as far as the dwelling on the reversed interior lot, but in no case closer than five feet and shall not impede vision clearance on comer lots. (G) Side yard. A porte cochere may be permitted over a driveway in a side yard, provided such structure is not more than one story in height and 30 feet in length and is entirely open on the sides facing the front and side lot lines, except for the necessary supporting columns and customary architectural features; provided, however, the porte cochere does not extend within three feet of a side lot line including overhangs and gutter, h shall not extend within 10% of lot width to a side lot line including overhangs and gutters, but in no case closer than five feet to lot line. On a comer lot a porte cochere may not extend into the side yard on the street side of the principal building. Vision clearance shall not be impeded on comer lets. (H) Mobile homes. Mobile homes may be located only in a duly licensed mobile home park, unless the unit bears a seal certifying that it was built in compliance with the federal Manufactured Housing Construction and Safety Standards Law of 1974, or is classified as a manufactured home constructed after January, 1981 and exceeds 23 feet in width and 950 square feet of occupied space. ('?? Code, App. D, Section 14) (Ord. 1527, passed 4-4-60; Am. Ord. 1582, passed 4-2-62; Am. Ord. 91-OR-18, passed 5-6-91)) see Ord. #154.01 ZONING I~STRIGT USES AND REQ~ § 186.040 ESTABLISHMENT OF BUSD~'F.,SS ZONING DIS'IT/CTS. The following primary Business Zoning Districts for the city are hereby established, and land within said city, including hereafter zoned to said district classifications, shall be designated on the applicable zoning n~ps by the following zoning district symbols, respectively (which maps are a part of said chapter), as amended, and are hereby incorporated by referenced and made a part of this chapter: B-1 Local Business B-2 Service Business B-3 General Business B-4 Thoroughfare Service District B-5 Business-Industrial District (Ord. 91-OR-18, passed 5-6-91) § I~$.041 BU~NES$ DISTRIOT REGULATIONS. The following regulations and performance standards shall apply to all land within the Business Zoning Districts. (A) General regulations. (1) After the effective date of this chapter:. (a) With the excePtion of legally established nonconforming uses, no land, building, structUre, premises, or part thereof shall be used or occupied except in conformity with these regulations and for uses permitted by this chapter. (b) No building, structUre, premises, or pa~t thereof Shah be constructed, erected, converted, enlarged, extended, reconstruCted or relocated except in conformity with these regulations and for uses pern'dtted by this chapter. (c) Provided, however, legally established nonconforming uses may be reconstructed if damaged or partially destroyed by fire or other disaster when such damage or destruction does not exceed two-thirds of the gross floor area of the structUres or facilities affected. (2) Established setbacks. (a) New use. In any block in which an existing yard depth and setback is established (by existing legally established structures within the same Business District) for more than 25% of the frontage of the block (or a distance of 200 feet in each direction, whichever is the lesser), the required minimum yard depth and setback for any new building shall be the average of such established yards. Provided, however, that in no case shall such minimum required setback be less than ten feet. (b) Expansion of existing use. The required front, side and/or rear building setback shall be modified to permit expansion of any legally existing commercial building along its existing legally established front, side, or rear setback line, provided the lineal footage of expansion does not exceed 50% of the lineal front, side, or rear footage of the existing building along such line. (B) Performance standards. All uses established or placed into operation after the effective date of this chapter shah comply with the following performance standards. No use in existence on the effective date of this chapter shall be so altered or modified as to conflict with these standards. (1) Vibration~ No use shall cause earth vibration or concussions detectable beyond the lot lines without the aid of instruments. (2) Smoke, dust, and particulate matter. Smoke, dust, particulate matter, and any other airborne material shall be subject to the standards and regulations of the United States Environmental Protection Agency and the In~4~na Department of Environmental Management. (3) Noxious matter. No use shall discharge across the lot lines noxidus, toxic or corrosive matter, fumes or gases in such concentration as to be detrimental to or endanger the public health, safety, or welfare or cause injury to property. 142 JeSersonvme - ~ Usage (4) Odor. No use shall emit across the lot Eries odor in such quantities as to be readily detectable at emy point along the lot lines and as to be detrimental to or endanger the public health, safety, or welfare or cause injury to property. (5) Sound. No use shall produce sound in such a manner as to endanger the public health, safety, or welfare, or cause injury to property. Sound shall be muffed so as not to become detrimental due to intermittence, beat, frequency, shrillness, or vibration. (6) Heat and glare. No use shall produce heat or glare creating a hazard perceptible from any point beyond the lot lines. (7) Waste matter. No use shall accumulate within the lot or discharge beyond the lot lines any waste matter, whether liquid or solid, in violation of the applicable standards and regulations of the Clark County Health Department, Indiana Department of Enviroumental Management, the Indiana State Board of Health, and the Stream Pollution Control Board of the State of Inr~na, or in such a manner as to endanger the public health, safety or welfare, or cause injury to property. (Ord. 91-OR-18, passed 5-6-91) § 156.04~. PUI~OSE OF B-1 DISTRICT. This is designed to permit the development of the complete range of retail sales and pemonal, professional, and business services required to meet the maximum demand of a fully developed residential neighborhood, regardless of its size. It does not make provision, however, for those businesses that: draw customers in significant numbers from well beyond the neighborhood boundary in which therefore are usually heavy traffic generators such as department stores, motels, theaters, or require the outdoor display sale and/or storage of merchandise, outdoor services or operations or outdoor consumption of food and beverages. In general, to achieve m~raum flexibility of land use, the B-1 District makes possible highly varied group of indoor, retail, and business functions short of the single-unit heavy traffic generator. (A) Permitted B-1 District uses. The following uses shall be permitted in the B-1 District. All uses in the B-1 District shall conform to the general regulations and performance standards of this section. Its development standards and any additional or restrictive requirements specified in this section. (1) Any office use or complex, including but not limited to professional business and government offices, banks, savings and loan offices, and any R-1 or R-2 use. (2) Public and semi-public uses such as libraries, museums, churches, civic or corrumunity centers, exhibition halls, galleries, civic clubs, philanthropic institutions, auditoritnns, and assembly halls, fire stations, police stations. (3) Educational institutions, campus or complex, including but not limited to colleges or universities, professional, technical, business, or clerical schools or other public or private educational institutions, schools or kindergartens, (4) ~~~n~r h~spitals~ nursing ~r c~nva~escent h~mes~ medical ~r dental c~inics and ~ab~rat~ries~ day nurseries, and group homes. Zoning Code 143 (5) Public and semi-public parks and open spaces, including but not limited to public parks, plazas, pedestrian areas, greenways, and other skmilar or open space uses. (6) Other public and semi-public uses, offices and uses similar and comparable in character to the above permitted uses. (7) Neighborhood shopping center or complex, but not inciuding department stere or disc°unt department store. Center, or complex shall not exceed eight retail units per center or complex. (8) Retail, convenience goods and/er service establishments, including but not limited to: (a) Drugstore, meat market, hardware store, grocer' bakery, or other food store, lunch counter, delicatessen or restaurant, including any restaurant or other food establishment in which food is served or dispensed for eousumption indoors or for carry-out. Provided, however, such carry-out establishment where food rr~y be likely may be consumed on the premises shall: 1. Provide adequate outdoor convenience trash containers. 2. Not provide outdoor tables and/er seats. 3. Where the rear lot line abuts the residential district, construct and maintain a wall or fence of ornamental block, brick, solid wood fencing, or combination thereof. Said wall or fence at least slx feet in height and shall be so constructed to such minimum height to restrict any view thereof. 4. Not be located within 100 feet of a residential district on the same side of the street unless such establishment is separated from said residential district by an intervening street. (9) personal service establishment, including, but not limited to: barber shop, beauty sh°p, dry cleaning and laundry pick-up stations, laundromats and self-service dry cleaning, shoe repair, tailor, seamstress, radio, video and television service, photographic studio, mail order store, dressmaking, tailor, pressing shop, and post office. (10) Post office, provided no storage of delivery vehicles is maintained on the premises. (11) Professional service establishment, including but not limited to: optometrist, physician, interior decorator, photography, dance, music, art, language and artisan schools, beauty and barber shops, dentists, engineers, land surveyors, and attorneys. (12) Shopping or durable goods establishment, including but not limited to: wearing apparel, and accessory stores, shoe stores, shoe repair, dry goods, fabric shops, stationery, gift shops, florists, photographic supplies, office supplies, hobby shops, pet shops, including grooming shops and obedience schools, music, records, video, musical instrument stores, sporting goods, bicycle stores, furniture, major appliance, paint, and wallpaper, floor coverings, antique, variety stores, hardware, newsdealer, showroom for articles to be sold at retail, commercial greenhouse (not exceeding 1000 square feet in area), apparel shops, flower shops, private clubs or lodges. (13) Newspaper distribution stations, charitable institutions, donation pick-up stations or boxes, primary or accessory in function. 144 Je~e~on~lle - Lancl Usage (14) Temporary, seasonal uses such as christmas tree sales, nursery plants, fruit stands completely under a shelter, provided, however, such uses and accessory off-street parking space shall not reduce or encroach upon the minimum required off-street parking area of any other commercial use or vision clearance on comer lots. (15) Attached or detached multi-family dwellings, subject to all standard requ/rements and regulations of the dwelling district codes of this chapter. (16) Accessory uses and structures, subordinate, appropriate and incidental to the above permitted uses include but are not limited to accessory utility structures and facilities. (17) Temporary structures incidental to development of land, during construction for the purposes of this section. (Ord. 91-OR-18, passed 5-6-91) § 156.04S USES NOT (A) The sale, rental, or storage of new or used motor vehicles, boats, trailers, tractors, or other similar merchandise not related to the minor servicing of motor vehicles or for the immediate convenience of customers. (B) Commercial parking of motor vehicles. (C) Exterior display or storage of off, antifreeze, batteries, tires, and other merchandise or products, other than off dispensing cabinets located on pump islands. (D) Major servicing of motor or body repair such as but not limited to body or fender work, motor overhaul, major transmission repair, or glass work, tire recapping or auto filling serv/ce station repair in general. (E) Dismantling or wrecking of motor or other vehicles, or the storage of inoperable, damaged, or wrecked vehicles. (F) A driveway so located and constructed that ff permits traffic movement completely around or behind the service station structure (except where necessary to provide adequate access to the off-street parking area, building, storage tanks, trash containers, and the like, or to adjacent commercial property, or in the case of a station designed to provide senrices on all sides). (c) Junkyard. (Ord. 91-OR-18, passed 5-6-91) § 186.044 B-1 DISTRICT DEVELOPMENT STANDARDS. (A) Use. (1) No single establishment shall exceed 21,000 square feet in total gross floor area. (2) All uses and operations (except off-street loading and off-street parking) shall be conducted within completely enclosed buildings, except otherwise specifically permitted. (3) No outdoor storage shall be permitted other than. trash containers, provided that trash containers exceeding six cubic feet shall be behind or beside the primary structure and be screened from public view and provide access to equipment to service such containers. (4) No vending machines shall be permitted on or near the exterior of any building on the premises except where contained in a shelter stall or other areas so located as not to intei'fere materially with adjacent properties. (B) Required front yard, minimum setback. (1) A front yard, having at least 25 feet width of frontage on a public street and having a minimum depth in accordance with the following setback requirements shall be provided along the street right-of-way line unless subject to the established setback provision of the general regulation for the district. (2) No part of any structure (excluding an eave or cornice overhang not exceeding four feet or a canopy at the entrance) shall be built closer to the centerline of the following streets: (a) Expressway: 85 feet; (b) Primary thoroughfare or parkway: 70 feet; (c) seCondary thoroughfare: 70 feet; (d) Collector street: 60 feet; and (e) Local street and cai-de-sac: 50 feet. (C) Required corner side yard, double frontage lot minimum setback, in any case where the side or rear lot line ~buts a street right-of-way line, there shall be provided a side or rear yard in which the setback of any structure shall comply with the stricter of the minimum front setback requirements of § 156.033, unless subjeCt to the established setback provisions of the general regulations. (D) Required side yards, minimum side setback. No side yard or side setback is required unless subject to the requirements for transitional yards of the development standard of this district. (E) Required rear yard, mirdmum rear setback. No rear yard or rear setback is required unless subject to the requirements for transitional yards of the B-1 Development Standards. (F) Transitional yards; minimum front, side and rear transitional yards and setbacks. (1) Yards fronting upon or abutting a Residential District. (a) Where a front yard abuts a street on the opposite side of which is a residential district' the minimum required front yard and setback shall be the same as the standard front yard and setback requirement of the development standards of this district. 146 Je~ersonvme - Land (b) Provided, however, the front yard use of such minimum reciuired transitional front yard shall not include off-street parking if said abutting street is a collector, local or marginal access, ct.fi-de-sac or parkway. If the abutting street is an expressway, interstate highway, primary or secondary thoroughfare, the front yard may include off-street parking provided a 20 foot wide strip of said requff'ed front yard paralleling and measured from the front line, and emending the full length thereof (except for walks, access cuts, and driveways) shall be maintained as the landscaped portion of the yard in conformance with the development standards of this section and chapter. (c) Where a side or rear lot line abuts either a side or rear lot line in an adjacent residential district, a side or rear yard and setback not less than 20 feet in depth shall be provided along such side or rear lot line. (d) Provided, however, where a dedicated alley separates such side or rear lot line from the residential district, said side or rear yard and setback shall be not less than ten feet. (G) Screening and landscaping of transitional yards. (1) Yards fronting upon or abutting a Residential District. (a) Front transitional yards (fronting upon a residential district) shall be landscaped in an open pattern in grass and shrubbery, trees, and/or hedge to provide a paniaI screening of the commercial use. An ornamental, decorative fence or masonry wall, not more than two and one-half feet in height if solid, or six feet if open, rriay be used in conjunction with the landscaping. Provided, however, along any portion of said transitional front yard in which an off-street parking area is located, there shah be provided and maintained along the front lot line a buffer screen of either: 1. Architectural screen: a wall or fence of ornamental block, brick, solid wood fencing, or combination thereof. Said wall or fence shall be at least 42 inches in height and shall be so constructed to such minimum height to restrict any view there through; or 2. Plant material screen: a compact hedge of evergreen or deciduous shrubs, at least 36 inches in height at the time of planting. (b) Ground area between such wall, fence or hedge and the front lot line shall be planted and maintained in grass, other suitable ground cover, shrubbery and/or trees. All shrubs and trees shall be planted, balled, and burlapped and shall meet the standards of the American Association of Nurserymen (a copy of which is on file in the office of the Planning and Zoning Department and is hereby incorporated by reference and made part hereof). (c) To provide maximum flexibility in the landscape design of said screen and ground area, a variety, size, spacing and location of all plants shall be filed with the Planning Department and approved by the Building Commissioner thereof prior to the time of planting. (2) (a) Side and rear transitional yards (abutting a residential district) shall be landscaped in grass and shrubbery, trees, and/or hedges to form an effective screening of the commercial use. An ornamental, decorative fence or masonry wall may be used in conjunction with the landscaping. (b) Provided, however, if any portion of a side or rear transitional yard is used for a driveway or off-street parking, there shall be provided and maintained along the entire length of such lot line to the front yard setback line, a wall or fence of ornamental block, brick, solid wail fencing, or 147 ornamental block, brick, solid wall fencing, or combination thereof. Said wall or fence shall be at least six feet in height and shall be so constructed to such height to restrict view there through. (H) Use of required yards. All required yards shall be landscaped, in grass and shrubbery, trees and/or hedge, or in combination with other suitable ground cover mater~l~ except: (1) Required front yards may include: (a) pedestrian walks, access cuts, driveways, flag poles, and singlar appurtenant uses. (b) Off-street parking, gasoline service station pumps, and/or open canopies (attached or detached). (c) Provided, however, a six foot wide strip of the required front yard, paralleling and measured from the front lot line, and extending the full length thereof (except for walks, access abuts and driveways) shall be maintained as a landscaped portion of the front yard as required above, unless subject to the transitional yard requirements of the development .standards of the section and chapter. (2) Required side and rear yards may include: (a) Pedestrian walks, access cuts, driveways, flagpoles and similar apartment uses. (b) Off_street parking, subject to the requirements of development standards and °fi'street parking requirements of this chapter. (I) Height of buildings and structures. Maximum height of buildings and structures shall be 50 feet. (J) Signs. Signs and advertising devices shall comply with the sign regulations of the city. (K) Off-street parking. Off-street parking facilities shall be provided in accordance with the off-street parking regulations of the development standards of this subchapter. (Ord. 91-OR-18, passed 5-6-91) § 156.045 B-2 SER'v'ICE BUSI~-"SS DISTRICT. The B-2 District is designed to provide for the development of major business districts and regional-size shopping centers to serve a population ranging from a corrumunity of neighborhoods to a major segment of the total metropolitan area. In addition to an almost endless variety of reta9 goods and services, these centers may typically feature a number of large traffic generators such as department storeS, motels, bowling alleys, or theaters. Even the smallest of such commercial centers requires excellent access from major thoroughfares, and in fact the quality of access may well determine which centers will ultimately be the largest and most successful. ~fle these centers are usually characterized by indoor operations, certain permitted uses may have limited outdoor activities, as specified. (A) Permitted B-2 District uses. The following uses shall be permitted in the B-2 District. All uses in the B-2 District shall conform to the general regulations and performance standards of § 156.030, the B-2 District deVeloPment standards § 156.034 and to any additional and/or more restrictive requirements specified in this seCtion. (1) Any use permitted in the B-1 District. (2) Community or regional shopping center or complex, or hotel, motel. (3) Retail convenience goods and/or services establishments, including but not limited to: (a) Drive-in restaurant, or any place or premises used for the sale, dispensing or service of food or beverages outdoors, or where customers or carry out and consume the food, refreshments or beverages on the premises, including taverns, nightclubs, private clubs, only conformity with requirements of law or ordinances governing such use. Provided, however, such establishments shall: 1. Provide adequate outdoor convenience trash containers. 2. Construct and maintain a decorative fence or wall of not less than 42 inches in height along the rear lot line and side lot lines to the required dense set back line. Where the rear lot line abuts a residential district, such fence or walls shall be not less than slx feet in height. 3. Not be located within 200 feet of a residential district on the same side to the street unless such establishment is separated from such residential district by an intervening street. (b) Gasoline service station, t/re and auto service center. Provided, however, that the service station and center function, services, operation, and sales shall not include the following: 1. Outdoor operations other than the dispensing of gasoline, off, antifreeze, and other similar products and the performing of minor repair and/or services for customers. 2. The sale, rental, display, or storage of new or used motor vehicles, boats, traflem, tractors, machinery, or other similar equipment; or merchandise not related to the minor servicing or repair of motor vehicles or for the immediate convenience of customers. 3. Commercial parking of motor vehicles, including boats. 4. Major exterior displays which restrict traffic viability, impede vision clearance or cover lots, in any way or impede the movement of vehicles on the service or center driveways or public rights-of-way, or located in or in any way conflicting or interi'ering with pedestrian walks, off-street parking areas, or required landscaped yards. Any exterior display shall be maintained in an orderly 5. Major servicing or motor or body repair such as, but not limited to, body or fender work, motor overhaul, major transmission repair, auto glass work, t/re recapping. 6. Dismantling or wrecking of motor or other vehicles, or the storage of inoperable, damaged, or wrecked vehicles. 7. Junkyard. 8. A driveway so located and constructed that it permits traffic movement completely around or behind the service station or service center structure (except where necessa~ to provide adequate access to the off-street parking area, building, storage tanks, trash containers, and the like, or Zonh~ ~ t49 to adjacent commercial property, or in the case of a station or service center structure designed to provide service on all sides). ~ (4) Professional service establishment, including but not limited to mortuary, veterinary hospital for ~ anir~l~ and/or kennels. (5) Shopping or durable goods establishment, including but not limited to department store or discount store. (6) Indoor commercial amusement, recreation and entertainment, including but not limited to: theater bowling alley, billiard parlor, gymnasium, tennis facilities, fitness centers, health clubs, roller or ice skating rinks, nightclubs, private clubs or lodges. (7) Automobile sales, new or used, service and repair, provided: (a) Any major repair and service is conducted within enclosed buildings. (b) Auto storage is incidental to the primary function. (c) Not more than 85% of the developed area of the premises is used for outdoor display, storage, and/or sales. (d) Outdoor storage shall be screened by a solid decorative fence or wall not less than six feet in height, and to a distance from the front lot line not less than the front building line of the primary structure. (e) Outdoor display of automobiles shall be located not less than three feet from the front lot line. Provided, a three foot wide strip of the required front yard, paralleling and measured from the front lot line, and extending the full length thereof (except for walks, access cuts, and driveways) shall be landscaped in grass and shrubbery, trees, and/or hedges. (f) Any lighting used to illuminate an outdoor display area or an outdoor area where any service or activity is conducted shall comply with the requirements of § 156.040. (g) Further, it shall be prohibited to: 1. Light an area by the use of stringers or unshielded incandescent lamps in which the entire lamp envelope is designed to function as a light emitter. 2. Make use of attention attracting lighting from apparatus of a type used by emergency vehicles. (8) Post office, including storage of delivery vehicles, provided such storage area is screened by a solid decorative fence or wall not less than six feet in height. (9) Telephone exchange, cable television facilities, gas mixing station, minor electrical substation, water treatment plants and/or facilities, sewage treatment plants and/or facilities, provided: (a) Any of the above except water and/or sewage treatment facilities shall be appropriate and compatible in appearance to the District. ]effersonvme - hand Usage (b) Sewer, water and utility exchanges and/or substations are adequately screened with a combination of fence and landscaping and is of a size and character appropriate and compatible in appearance to the District. (10) l~ transit temfmals, motor bus, rail passenger station or transportation center having various modes of transportation included. (11) Commercial garages or parking facilities or area. (19.) Public garage or parl6ng area. (13) Other uses similar and comparable in character to the above permitted uses. (14) Accessory uses and structures, subordinate, appropriate and incidental to the above permitted primary uses, including but not limited to: accessory utility structures and facilities. (15) Temporary structures incidental to development of land, during construction. (B) B-2 District development standards. (1) Use. (a) All uses and operations shall be conducted within enclosed buildings except: 1. Off-street parking and loading. 2. Those uses expressly permitting outdoor activities as specified in Section 2.04,A. 3. Minor displays of merchandise may be placed outdoors provided such displays a. Accessory to the primary use. b. Located immediately adjacent to the primary structure, but not within a required minimum front yard. c. Not more than 200 square feet in total area. d. Maintained in an orderly manner. e. No vending machines shall be permitted on the exterior of any building on the premises except where conta/ned in a shelter, stall or other area so located as not to interfere materially with the use of adjacent properties. f. No outdoor storage shall be permitted other than trash containers, provided that trash containers in a solid-walled stall behind or beside the primary structure. (C) Required front yard, minimum setback shall be the same as B-1 District regulations. 151 (D) Required corner side yard, double frontage lot minimum setback shall be the same as B-1 District regulations. (E) Required side yards, minimum side setback shall be the same as B-1 District regulations. (F) Required rear yard, minimum rear setback shall be the same as B-1 District regulations. (G) Transitional yards shall be the same as B-1 District regulations. (H) Use of required yards shall be the same as B- 1 District regulations. (I) Height of buildings and structures. Maximum height of buildings and structures shall be 65 feet. Provided, however, that within 200 feet of any Residential District, the maximum height shall be 50 feet. (J) Signs. Signs and adveriising devices shall comply with the sign regulations of the city. (K) Off-street parking. Off-street parking facilities shall be provided in accordance with the off-street parking regulations of this chapter. (L) Off-street loading. Off-street loading facilities shall be provided in accordance with the off-street loading regulations of the off-street loading requirements of this chapter. (Ord. 91-OR-18, passed 5-6-91) § 156.048 B-$ G'ZI~ BUSII~SS DISTI~ICT. The B-3 District is designed to provide areas for those retail sales and services functions and businesses whose operations are typically characterized by outdoor display, storage and/or sales of merchandise, by major repair of motor vehicles, by outdoor commercial amusement and recreational activities, or by activities or operations conducted in building or structures not completely enclosed. Such uses are generally best associated with arterial thoroughfares or with large regional-type business complexeS. Unless exceptionally well placed or grouped together in a specific part of such a complex, these uses can lead to an erratic and incomplete land development pattern. And, because this type of district may be a rather unattractive, brightly lighted grouping of partially outdoor functions, it must, therefore, be located with care. (A) Permitted B-3 District uses. The following uses shall be permitted in the B-3 District. All uses in the B-3 District shall conform to the general regulations and performance standards of§ 156.030, the B-3 District development standards of division (B), and to any additional and/or more restrictive requirements specified in this section. (1) Any use permitted in the B-I, or B-2 Districts (except multi-family dwellings). (2) Auto rental. (3) Auto sales and repair, new or used, provided: (a) Any maior repair and service is conducted within enclosed buildings. (b) Auto storage is incidental to the primary function. 152 Je~azsoma/le - t.axtcl Usage (4) Auto repair garage, provided any major repair and service is conducted within enclosed buildings and does not include: repair); and (a) The dismantling or wrecking of motor or other vehicles, either indoors or outdoor; (b) The storage of inoperable or damaged vehicles (except temporarily while waiting on (e) Junkyard. (5)Blueprinting, photocopying, and job printing. (6)Boat sales and service, provided: (a) Any major repair and services is conducted within enclosed buildings; (b) Boat storage is incidental to the primary function; (e) The dismantling or wrecldng of motor or other vehicles, either indoors or outdoors; or (d) The storage of inoperable or damaged vehicles (except temporarily while waiting repair). (7) Car wash establishments of all types. (8) Commissary, catering service, and other similar retail food preparation. (9) Food locker plant. (10) Garden and lawn material and supply stores, including outdoor display. (11) Miniature golf, archery, trampoline center, golf driving range, drive-in theater and similar recreation facilities. (12) Model display homes and garages. (13) Motorcycle stores, including major sen, ice and repair, outdoor display. (14) Toll and light-equipment rental. (lS) Trailer rental. (16) Storage warehouse. (17) Gasoline service station, tire and auto service center, provided: (a) Any display, sale or rental of motor vehicles or traflem conducted in association with a service station shall be located in a specific area, not located in or in any way conflicting or interfering with pedestrian walks, off-street parking area, driveways, required landscaped yards, or public right- of-ways. Code (b) There shall be no commercial parking of motor vehicles. (c) There shall be no exterior displays which restrict traffic visibility in any way or which impede the movement of any vehicle on the service station or center driveways or public right-of-ways, or located in or in any way conflicting or interfering with walks, off-street parking areas, or required landscaped yards. All exterior displays shall be maintained in an orderly manner. (d) Any major servicing or motor or body repair work shall be conducted within an enclosed structure, and shall not include: 1. The dismantling or wrecking of motor or other vehicles; or repair). 2. The storage of inoperable or damaged vehicles (except temporarily while awaiting (e) No driveway shall be so located and constructed that it permits traffic movement completely around or behind the service station or service center structure (except where necessary to provide adequate access to the off-street parking area, building, storage tanks, trash containers, and the like, or to adjacent commercial property, or in the case of a station or service center structure designed to provide service on all sides). (18) Distribution and supply uses, including machinery and farm implement sales and services, fuel and ice sales, industrial laundry and dry cleaning plants, building and lumber supply outlets. (19) Contractors and construction yards, coal yards, cemetery monumants and tombstones, including engraving. (20) Wholesaling, warehousing, distribution, storage and transfer establishments, packing and crating uses. (21) Trade shops, including sheet metal, upholstering, electrical, plumbing, plastics, venetian blinds, cabinet ~g and carpentry, and sign fabricating and painting, provided that such operation does not employ more than ten employees, and that all operation are conducted within completely enclosed building. (22) Truck stops, highway maintenance shops and yards. (23) Railroads or other mass transportation right-of-way and trackage, including passenger stations, shelter stations, and laying over area for transit vehicles, and off-street parking facilities provided; however, such uses, except right-of-way, shall not extend within 20 feet ora residential district. (24) Accessory uses and structures, subordinate, appropriate and incidental to the above permitted uses, including, but not limited to. (25) Accessory utility structures and facilities. (26) Temporary structures incidental to the development of land, during construction. (B) B-3 District development standards. 154 Je~mm:l, nvme - ~ Usage (1) Use. (a) Display and storage: h The outdoor display of goods or mater~]~ shall not include the storage of mater~ or equipment as a pr'knary use, or wholesaling, warehousing or distributing operations, but shall include for sale, lease, or rental. 2. Outdoor displays shall not be located in any required yards, or off-street parking or loading areas. 3. Display areas shall be of concrete, asphaltic pavement, brick, flagstone or comparable material and shall be maintained in good condition. 4. Outdoor displays shall be maintained in an orderly manner. 5. Vehicle display areas shall be provided with bumper or wheel guards along any minimum required yard line or public right-of-way. 6. No outside storage shall be permitted, other than trash containers, provided that trash containers exceeding six cubic feet shall be located within a solid-walled stall behind or beside the primary structure. 7. Vending machines on the exterior of any building on the premises shall be contained in a shelter, stall, or other area so located as not to interfere materially with the use of adjacent properties. (b) Lighting of display and service areas. Any lighting used to illuminate an outdoor display area or an outdoor area where any service or activity is conducted shall comply with the requirements of § 156.040. Further, it shall be prohibited to: 1. Light an area by the use of stringers of unshielded incandescent lamps in which the entire lamp envelope is designed to function as a light emitter. 2. Make use of attention attracting lighting from apparatus of a type used by emergency vehicles. (2) Required front yard, minimum setback. Same as B-1 District regulations. (3) Required comer side yard, double frontage lot minimum setback. Same as B-1 District regulations. (4) Required side yards, minimum side setbacks. Same as B-1 District regulations. (5) Required rear yard, minimum rear setback. Same as B-1 District regulations. (6) Transitional yards. Same as B-1 District regulations. (7) Use of required yards. Same as B-1 District regulations. Zom/n~ Code 155 ($) Height of buildings and structures. Same as B-1 District regulations. (9) Signs. Signs and advertising devices shah comply with the sign regulation of the city. (10) Off-street parking. Off-street parking facilities shall be provided in accordance with the off-street parking regulations of § 156.049. (11) Off-street loading. Off-street loading facilities shall be provided in accordance with the off-street loading regulations of §. 156.050. (Ord. 91-OR-18, passed 5-6-91) § 156.047 B-4 THOROUGI-~ARE SERVICE DISTRICT. The B-4 District is designed to permit development of appropriate, liraited service uses relating to certain freeway, expressway or other thoroughfare interchanges or other controlled access locations along major arterial thoroughfares. At certain interchanges or other access points, food, lodging, automotive sen/ce and gasoline can be made conveniently available to the thoroughfare user, without creating the traffic congestion and hazards associated with interchanges or intersections where large commercial districts have developed and, due to the limited land usage permitted, with maximum compatibility with adjacent districts. (A) Permitted B-4 District uses. The following uses shall be permitted in the B-4 District. All uses in the B-4 District shall conform to the general regulations and performance standards of § 156.030 and the B-4 District development standards of division (B)~ (1) aasoline service station, subject to the same regulations as required in the B-5 District. (2) Motel. (3) Restaurant, including drive-in and carry-out restaurant. (4) Accessory uses and structures, subordinate, appropriate and incidental to the above permitted uses, including, but not lirrdted to: accessory utility structures and facilities. (5) Temporary structures incidental to the development of land, during constructi°n' (B) B-4 District development standards. (1) Use. (a) No outside storage shall be permitted, other than trash containers, provided, that trash containers exceeding six cubic feet shall be located within a solid-walled stall behind or beside the primary structure. (b) Any lighting used to illuminate an outdoor area where any sen/ce or activity is conducted shall comply with the requirements of § 156.040. (c) Further, ff shall beprohibited to: 1. Light an area by the use of stringers of unshielded incandescent lamps in which the entire lamp envelope is designed to function as a light emitter. 2. Make use of attention attracting lighting from apparatus of a type used by emergency vehicles. (2) Required front yard, minimum setback. Same as B-1 District regulations. (3) Required comer side yard, double frontage lot minimum setback. Same as B-1 District regulations. (4) Required side yard, minimum side setback. Same as B-! District regulations. (5) Required rear yard, minimum rear setback. Same ~s B-i District regulations. (6) Transitional yards. Same as B-1 District regulations. (7) Use of required yards. Same as B-1 District regulations. (8) Height of building and structures. Maximum height of buildings and structures shall be 65 feet. Provided, however, within 200 feet of any residential district, the maximum height shall be 35 feet. (9) Signs. Signs and advertising devices shall comply with sign regulations of the city. (10) Off-street parking. Off-street parking facilities shall be provided in accordance with the off-street parking regulations of § 156.049. (t 1) Off-street loading. Off-street loading facilities shall be provided in accordance with the off-street loading regulations of § 156.050. (Ord. 91-OR-18, passed $-6-91) § 156.048 B-5 BUSINL~S - INDUS'I'P,,IAL The B-5 District is designed to provide specific areas for those retail and other commercial functions that have unusually incompatible featUres, such as rn~jor outdoor storage and/or display of sizable merchanc~se, outdoor parking and storage of trucks, materials and/or equipment essenUal to the ~ommercial operation. A subordinate or incidental processing or custom fabrication of materials is common to many of the uses. Distributing and wholesaling also have been permitted in this District because of the recent trend of combining distribution, wholesaling and/or warehousing with retailing. Because of the wide range of uses in this District, it will be suitably located on major commercial arterial thoroughfares and, as well, in association with indnstrial, areas. (A) Permitted B-6 District uses. The following uses shall be permitted in the B-6 District. All uses in the District shall conform to the general regulations and per[orrrmnce standards of § 156.030 and the B-5 District development standards of division (B). (1) Any use permitted in the B-l, B*2, B-3, or B-4 Districts (except multifamily dwellings). (2) Advertising and business sign company, including fabrication. repaY. (10) metal, septic (11) (12) (13) (14) (IS) (8) AutO parts sales, including wrecked or dismantled vehicle StOrage on the premises. (4) Automobile and/or boat storage, including damaged vehicles when temporarily awaiting (5) Cemetery monuments and tombstones, including engraving. (6) Coal yard. (7) Construction company. (8) Crating and packaging service. (9) Custom glass fabrication and installation. Contractors, such as: painting, decorating, electrical, plumbing, building, roofing, sheet system, storm doors, windows, awnings. Home remodeling company. Home remodeling supplies and materials. industrial laundry and dry cleaning plants. Lumber yards, including mill work~ Mobile home sales. (16) Testing laboratories. (17) Tire recapping. (18) Travel trailer sales and rental. (19) Truck, automobile, or boat cleaning, service, repa/r, and rental. (20) Upholsterers. (21) Wholesalers, warehouses, distributors, storage, and transfer establishments. (22) Other uses similar and comparable in character to the above permitted uses. (23) Accessory uses and structures, subordinate, appropriate and incidental to the above permitted primary uses, including, but not limited to accessory utility structures and facilities. (24) Temporary structures, incidental to the development of land, during construction. (B) B-5 District development standards. 158 Jefler. o~ - L~m~:l Usam (1) USe. Merchandise and products for sale; storage of materials, products, machinery, and ~--.~ equipment; and, operations incidental to the primary use may be located outdoors, provided outdoor storage and operations shall be effectively screened from public view by a solid fence or wall not less than six feet in height constructed on the front building setback line. (2) Required front yard, minimum setback. Same as B~I District regulations. (3) Required comer side yard, double frontage lot minimum. Same as B-1 D/strict regulations. (4) Required side yards, minimum side setback. A side yard and setback of not less than ten feet shall be provided along each side lot line. (5) Required rear yard, minimum rear setback. A rear yard and setback of not less than ten feet shall be provided along the rear lot line. (6) Transitional yards. (a) Minimum side and rear yards and setbacks: 1. Where a side lot line abuts a side or rear lot line in an adiacent Residential District, a side yard and setback not less than 40 feet in depth shall be provided along such rear lot tine. 2. Where a rear lot line abuts a side or rear lot line in an adjacent Rresidential District, a rear yard and setback not less than 40 feet in depth shall be prnvided along such rear lot line~ (b) Screening. ~ 1. A solid ornamental, decorative fence or masonry wall, not less than six feet or more than ten feet in height, shall be constructed and maintained along all such rear and side transitional yard lot lines. 2. Provided, however, such side lot line fence or wall shall not be extended nearer the front lot line than the front setback line. No material or equipment shall be stored to a height greater than said fence or wall. (7) Use of required yards. Ali required yards shall be landscaped in grass and shrubbery, trees, and/or hedge, or in combination with other suitable ground cover materials, except: (a) Required front yards may include: 1. Pedestrian walks, flag poles, and similar appurtenant uses. 2. Access cuts and driveways, provided they are not located within 20 feet of a side lot line abutting a Residential D/strict. 3. Off-street parking, provided, however, a six foot wide strip of the required front yard, paralleling and measured form the front lot line, and extending the full length thereof (except for walks, access cuts and driveways), shall be maintained as a landscaped portion of the front yard as required above. 159 (b) Required side and rear yards may include: h pedestrian walks, flag poles, and similar appurtenant uses: 2. Access cuts and driveways, provided they are not located within 20 feet of a lot line abutting a Residential District. 3. Off-street parking, provided it is not located within five feet of a lot line abutting a Residential District. (8) Height of buildings and structures. Maximum height of buildings and structures shall be 35 feet. (9) Signs. Signs and advertising devices shall comply with the sign regulations of the city. (10) Off-street parking. Off-street parking facilities shall be provided in accordance with the off-street parking regulations of § 156.049. (11) Off-street loading. Off-street loading facilities shall be provided in accordance with the off-street loading regulations of § 156.050. (Ord. 91-OR-18, passed 5-6-91) § 156.049 BUSINESS DIS'I'I~C?$ OIcP-STRI'-'~'? PARKING I~G'ULATIONS. Accessory off-street parking facilities for motor vehicles shall be provided and maintained for all buildings, structures, or premises used jrt whole or par~ for uses in the Business Districts in accordance with the following regulations. (A) Application of regulations. (1) Buildings, structures, uses hereafter established, exception permits previously issued. For all buildings and structures erected and all uses of land established after the effective date will be provided in accordance with the regulations of this secUon. However, where m~provement location and building permits have been issued prior to the effective date of this chapter, and provided that construction is begun within six months of such effective date and diligently prosecuted to completion, but not to exceed two years after the issuance of said building permit, parking facilities in the amounts required for issuance of said permits may be provided in lieu of any different amounts required by the off-street parking regulations of this chapter. (2) Buildings, structures, uses existing or hereafter established, increased intensity of use. When the intensity of use of any building, structure or premises (existing on the effective date of this chapter or hereafter established) shall be increased (through addition of gross floor area or other of measurement specified herein for required parking facilities), parking facilities as required herein shall be provided for such increase in intensity of use. HoweVer, no building or structure lawfully erected or use lawfully established prior to the effective date of this chapter shall be required to provide such additional parking facilities unless and until the aggregate increase in units of measurement shall equal not less than 15% in which event parking facilities as requfred herein shall be provided for the total increase. 160 Jef~monv~ - Lm~cl U~Se (3) Change of use. Whenever the use of a building, structure or premises shall hereafter be changed to a new use permitted by this chapter, parking facilities shall be provided as required for such (4) Existing parldng facilities. Accessory off-street parking facilities in existence on the effective date of this chapter shall not hereafter be reduced below, or if already less than, shall not be further reduced below, the requirement for such a new building or use under the provisions of this chapter. (5) New or expanded parking facilities. Nothing in this chapter shall be deemed to prevent the establishment or expansion of off-street parking facilities to serve any existing use of land or building, provided that all regulations herein governing the location, design and operation of such facilities shall be adhered to. (B) Location. Accessory off-street parking areas may be located on the same lot as the building or use served, or within 500 feet of a lot line thereof. (C) CommOn or combined parking areas. A common or combined accessory off-street parking area may be provided to serve two or more prima~ buildings or uses, provided: (1) Such common or combined off-street parking area shall be so planned, designed, constructed and maintained as to create a desirable, efficient and well planned off-street parking area with high functional and aesthetic value, attractiveness and compat/bflity with adjacent land uses, and consistent with the character of the Business District. (2) Such common or combined off-street parking area shall be located within 300 feet of all primary uses served therein. (3) A site and development plan for each such common or combined parking area shall be filed with the Planning and Zoning Department, and approved by the Executive D/rector thereof, prior to the development and use thereof and prior to the issuance of an improvement location permit for any use served thereby. (a) Said site and development plan: Shall indicate: a. Adiacent streets, alleys and lots; b. All individual primary uses to be served, including the location, use, and number of parking spaces for each such use as required by § 156.049; c. Vehicular entrances, ex/ts and turn-off lanes; d. The parking area layout, including vehicular driveways or aisles, off-street parking spaces, total number and dimensions thereof; e. Indicate setbacks; f. All landscaping and screening, wal/s, fences, proposed lighting, if any, type of paving proposed. Zoning Cocle 161 g. Identification sign or signs, including location, size and design thereof; and h. Storm drainage facilities. 2. Shall demonstrate compliance with all applicable standards of this chapter. 3. Shall be amended and reapproved to indicate any change or other moc~ication of uses served, or number of parking spaces provided therefor. (4) The minimum total number of spaces contained in such combined off-street parking area shall at all times equal the sum of the minimum required parking spaces for all individual uses served therein. Provided however: In order to encourage the development of such well-planned common or combined off-street parking facilities in accordance with the standard of this chapter, said total number of required spaces may be reduced to the extent of 10% below such combined total, if such reduction is indicated on the approved site and development plan demonstrating compliance with the above standards. (5) Said common or combined off-street parking area shall be developed, maintained and used only in accordance with said approved site and development plan and all other requirements of this chapter. (D) Minimum parking space dimensions. Arequn'ed off-street parking space shall have, regardless of angle of parking, a usable parking space measuring not less than nine feet in width (measured perpendicularly from the sides of the parking space) and 20 feet in length; provided, however, that the total usable parking space area shall be. in no instance, less than 180 square feet in total area. (E) Access to and from parking areas. (1) Each required off-street parking space shail open directly upen an aisle or driveway of such width and design as to provide safe and efficient means of vehicular access to such parking space. (2) Ali off-street parking facilities shall be designed with appropriate means of vehicular access to a street or alley in such a manner as to minimize interference with traffic movement. (F) Screening and landscaping. Ground area between the required off-street parking area setback and any lot line abutting a Residential District shall be screened and landscaped in accordance with the Business District's regulations for screening and landscaping transitional yards. (O) Use of parking area. (1) The parking area shall not be used for the storage, display, advertisement, sale, repa/r, dismantling or wrecking of any vehicles, equipment or materials. (2) The required parking area shall not be used for the storage of any commercial vehicles. (3) Buildings or structures shall be permitted for shelte~ of guards, attendants or watchmen; however, any such structure shall not occupy required off-street parking space~ 162 (4) Loading and unloading spaces and maneuvering area, as required in Section 2.10, shall not constitute required off-street parking space; nor shall any off-street parking area be used for off-street loading purposes. (H) Surface of parking area. (1) Open and enclosed parking spaces: Off-street parking spaces may be open to the sky, covered or enclosed in a building. In any instance where a building is constructed or used for parking, it shall be treated as any other n'~jor structure and subject to all requirements thereof. (9.) All open off-street parldng areas shall be paved with concrete, or improved with a compacted macadam base, and surfaced with an asphaltic pavement to provide an adequate, durable and dust4ree surface which shall be maintained in good condition and free of weeds, dirt, trash and debris, except that a gravel surface may be used for a period not exceeding six months after the parking area is opened for use where ground conditions are not immediately suitable for permanent surfacing as specified above. (3) The surface shall be graded and drained in such a manner that there will be no free flow of water onto either adjacent properties or public sidewalks. (4) The parking area(s) shall be so lined or designated where abutting a required yard that no part of the parked vehicles shall extend beyond the boundary of the established parking area into any minimum required yard or into adjoining property. (5) (a) When parking areas are illuminated, the lighting equipment shall provide good vlsibflity with a minimum of direct glare. (b) In applying exterior floodlighting, equipment shall be of those types or distribution that are appropriate to lighting within the property line. The lighting equipment shall be so located, shielded, and directed that the lighting distribution is conf'med to the area to be lighted. (c) Objectionable spill light onto adjacent properties or street shall be avoided to prevent direct glare or disability glare. (d) Lighting levels for outdoor parking shall meet the following minimum average maintained horizontal foot candles (as specified in the Illuminating Engineering Society Lighting Handbeok, a copy of which is on file in the office of the Planning Department & Zoning and is hereby incorporated by reference and made a part hereof): 1. Self parking area - 1.0 foot candles; and Attendant parking area - 2.0 foot candies. (I) Amount of parking area required. Off-street parking spaces shall be provided and maintained for uses in the Business Districts in accordance with the following nfinimum requirements: (1) Hotels, apartment-hotels, motels, and motor-hotels. (a) One parking space for each rental sleeping unit. Zonin~ Cocle 163 (b) Parking requirements for dwelling units in aPar~ment-hotels shall be in acc°rdance with the appropriate Residential District regulations: (c) If, in addition to dwelling units and/or sleeping units, there are other uses or accessory uses located within or operated in conjunction with the hotel, apartment-hotel, motel or motor-hotel, the following percentages of additional off-street parking spaces shall be provided for such other uses or accessory uses as would be required by tl'ds section if such uses were primary and separate from the hotel, apartment-hotel, motel or motor-hotel. 1. Retail stores, offces, service establishments - 50%. Restaurants, dining rooms, bars, night clubs - 35%. 3. Ball rooms, banquet halls, meeting rooms, auditoriums - 50%. (2) Sanitariums, nursing, and convalescent homes, retirement homes, and homes for the aged: one parking space for each three patient beds, plus one parking space for each two employees and each two staff doctors on the premises during the largest work shift. (3) Day nurseries, private ldndergarteus: one parking space for each 500 square feet of gross floor area. (4) Museums, community centers, civic clubs, philanthropic and eleemosynary institutions: one parking space for each 400 square feet of gross floor area. (5) Churches, auditoriums, assembly h~l]~, recffal halls: one parking space for each four seats where seats are fixed, and one parking space for each 32 square feet of floor area for moveable seats. (6) Library: one parking space for each 200 square feet of floor area open to the public use. (7) Fire station: one parking space for each two employees on the premises during the largest work shift. (8) Medical or dental clinics: one parking space for each 300 square feet of gross floor area. (9) Minor hospital; surgery center (outpatient): one parking space for each two patient beds, plus one parking space for each two employees and each two staff doctors on the premises during the largest work shift. (10) Business, professional or governmental office, post office, bank: one parking space for each 300 square feet of gross floor area. (11) Business, vocational and trade schools: one parking space for each 300 square feet of gross floor area in the building. (12) Commercial, recreational, and amusement establishments involving the assembling of persons, except theaters and bowling alleys: one parking space for each 200 square feet of area involved in such use. (13) Theaters: one parldng space for each three seats. 164 Jeflernonm21e - Iamcl (14) Bowling alleys: four parking spaces for each alley. (15) Restaurants, lunch counters, taverns, bars, and night clubs, except drive-ins: one parking space for each three customer seats. (16) Drive-in restaurant or refreshment stand, including any drive-in place or premises used for sale, dispensing, or serving of food, refreshments or beverages, and any establishments where customers may serve themselves, or carry out a.nd consume food, refreshments or beverages on the same premises: two parking spaces for each 100 square feet of gross floor area. (17) Retail stores generating heavier auto traffic, including, but not limited to, supermarkets and other food stores, ice cream parlors, bakeries, drug stores, beauty and barber shops, dime stores: one parking space for each 150 square feet of gross leasable floor area for any: (a) Individual use; (b) Group of two or more uses in one structure; or (c) Uses in a planned shopping center or comparably integrated group of uses or structures in which all uses included do not exceed 50,000 square feet in total gross floor area, provided, however, that in no case shall any use or uses in the same structure provide less than five parking Spaces. (18) Retail stores generating lighter auto traffic, including, but not limited to, furniture, jewelry, gifts, hardware, appliance stores and the like; personal services shops; household or equipment repair shops, clothing and shoe repair shops; interior decorating shops; wearing apparel: one parking space for each 300 square feet of gross leasable floor area for any: (a) Individual use; (b) Group of two or more uses in one structure; or (c) Uses in a planned shopping center or comparably integrated group of uses or structures in which all uses included do not exceed 50,000 square feet in total gross leasable floor area, provided, however, that in no case shall any use or uses in the same structure provide less than five parking spaces. (19) Planned shopping center or integrated grouping of establishments specified in subdivisions (17) and (18) above: (a) If the total gross floor area of the center is between 50,000 and 200,000 square feet - 4.75 parking spaces for each 1,000 square feet of gross leasable floor area. (b) If the total gross floor area of the center is 200,000 square feet or greater - five parking spaces for each 1,000 square feet of gross leasable floor area. (20) Mortuary. One parking space for each five square feet of floor area in parlors and assembly rooms. (21) Wholesaling, distributing, warehousing, storage, transfer firms; contractor, custom fabricators, upholsterers; industrial laundries; lumber yards, junk yards, coal yards: one parking space for each two persons on the premises, computed on the basis of the greatest number of persons at any one period or work shift. Any space in the establishment devoted to retailing shall require additional customer parking space in the amount specified elsewhere in this section for the type of retailing involved. (22) Uses not specified: For any Business District use not specified above, the requirements for off-street parking for a specified use to which said use is most similar shall apply. (Ord. 91-OR-18, passed 5-6-91) § 1~$.050 Ol:'~'-S'l'1~:a:,-r LOADING P~G'U'I~TIONS. Off-street loading facilities accessory to the regulations of this section are designed to alleviate or prevent congestion of the public streets by establishing minimum requirement for on-site storage of vehicles in accordance with the use to which the property is occupied in the Business Dist~cts shall be provided and maintained in accordance with the following regulations. (A) Minimum area. A required off-street loading space shall be at least 12 feet in width by at least 65 feet in length, exclusive of aisle and maneuvering space, and shall have a vertical clearance of at least 15 feet. (B) Access to and from off-street loading street. (1) Each required off. street loading space shall open directly upon an aisle or driveway of such width and design as to provide safe and efficient means of vehicular access to such loading space. (2) All off. street loading facilities shall be designed with appropriate means of vehicular access to a street or alley in such a manner as to minimize interference with traffic movement. (C) Location and setback. (1) All required loading spaces shall be located on the same lot as the use served, and shall be so designed and located that trucks shall not back from or into a public street. (2) No open loading space shall be located in a minimum required side or rear yard. (D) Screening. All motor vehicle loading spaces on any lot abutting a Residential District or separated by an alley from a Residential District shall be enclosed within a building or screened and landscaped in accordance with the Business District's regulations for screening and landscaping transitional yards. (E) Use of loading area. Space allotted to off-street loading spaces and maneuvering area shall not be used to satisfy the off-street parking space requirements. (F) Surface of loading area. 166 Jeifamonvflle - La.nd Usage (1) Open and enclosed loading areas: Off-street loading spaces may be open to the sky, covered, or enclosed in a building. In any instance where a building is constructed or used for loading, it shall be treated as any other major structure and subject to all requirements thereof. (2) All open off-street loading areas shall be paved with concrete, or improved with a compacted macadam base, and surfaced with an asphaltic pavement to provide an adequate, durable and dust-free surface which shall be maintained in good condition and free of weeds, dirt, trash, and debris, except that a gravel sudace may be used for a period not exceeding six months after the loading area is opened for use where ground conditions are not immediately suitable for permanent surfacing as specked above. (3) The surface shall be graded and drained in such a manner that there will be no detrimental flow of water onto adjacent properties or public sidewalks. (4) When lighting facilities are used to illuminate a loading area, the lighting equipment shall be such that it is so located, shielded, and directed that the lighting distribution is confined tO the area to be lighted. Objectionable spill light onto adjacent properties and streets shall be avoided to prevent direct glare or disability glare. (G) Amount of loading area required. Off-street loading space shall be provided and maintained in accordance with the following minimum requirements: (1) Por each retail store, planned shopping center, or commercial establishment, having an aggregate gross floor area of: (a) Over 10,000 square feet but not over 25,000 square feet: 1 space. (b) Over 25,000 square feet but not over 60,000 square feet: 2 spaces. (c) Over 60,000 square feet but not over 120,000 square feet: 3 spaces. (d) Over 120,000 square feet but not over 200,000 square feet: 4 spaces. (e) Over 200,000 square feet but not over 290,000 square feet: 5 spaces. (f) For each additional 90,000 square feet exceeding 290,000 square feet or fraction thereof: 1 additional space; (2) For each auditorium, hotel, apartment-hotel, office building, or similar use, having an aggregate gross floor area of: (a) Over 10,000 square feet but not over 40,000 square feet: 1 space. (b) For each additional 60,000 square feet exceeding 40,006 square feet or fraction thereof: 1 additional space. ($) For any wholesale, warehouse, distributor, storage or transfer establishment; heavy commercial use as contractor, custom fabrication, crating, and packaging, tire recapping, testing laboratories, lumber or coal yard; or similar use, having aggregate gross floor area of: Zonh~ Code 167 (a) From 0 to 40,000 square feet: 1 space. (b) Over 40,000 square feet but not over 100,000 square feet: 2 spaces. (c) Over 100,000 square feet but not over 200,000 square feet: 3 spaces. (d) Por each additional 200,000 square feet exceeding 200,000 square feet, or fraction thereof: 1 additional space. (4) For any Business District use not specified above, the requirements for off-street loading for a specified use to which said use is most similar, shall apply. (Ord. 91-OR-18, passed 5-6-91) SUBURBAN (LS) ZOIFING DISTFJCT § 156.060 APPLICATION. (A) The following regulations shall apply to all land within an I-S D/strict After the effective date of this subchapter: (1) With the exception of legally established nonconforming uses, no land, building, structure, premises, or part thereof shall be used or occupied except in conformity with these regulations and for uses permitted by this subchapter. (2) No building, structure, premises, or part thereof shall be constructed, erected, converted, enlarged, extended, reconstructed, or relocated except in conformity with these regulations and for uses permitted by this subehapter. However, legally established nonconforming uses may be reconstructed if damaged or partially destroyed by fire or other disaster when such damage or destruction does not exceed two-thirds of the gross floor area of the structures or facilities affected. (3) For purposes of this subchapter, LOTshall mean any area of land designated as lot on a platted subdivision or described on a duly recorded deed or parcel of land or site which is occupied, or intended for occupancy by one principal use. (B) This District is designed for those industries which carry on their entire operation within a completely enclosed building in a manner that no numance factor is created or emitted outside an enclosed building. No storage of raw materials, manufactured products, or any other materials is permitted in the non-screened open space around the building. Loading and unloading berths are completely enclosed or shielded by a solid screening. This District has strict controls on the intensify of land use providing protection of each industry from the encroachment of other industries. It is usually located adjacent to residential areas and may serve as a buffer between heavier industrial districts and business or residential districts, (Ord. 85-OR-31, passed ?-20-85; Ara. Ord. 91-OR-18, passed 5-6-91) 168 Jelfen~onvF~le - ~ U~e § 188.061 P]~.l~*~-r,-:,, USE8. The following uses shall be permitted in the I-S District. All uses in the I-S District shall conform to all sections of the Industrial Regulations. (A) Any industrial manufacturing, processing; refining, fabricating, assembling, wholesaling, clean/ng, testing, or repairing of goods, materials, or products, not including: storage, utl]~.ation, or manufacture of mater~)~ intended for detonation except by special permission of the Board of Zoning Appeals; retail sales or service, business offices or discount establishments dealing directly with the consumer, except as provided for in division (G) of this section. (B) Engineering or research laboratories; industrial schools or training facilities; data processing analysis; medical laboratories banks and related financial institutions; medical park, or technology transfer centers. (C) Agricultural buildings, structures, and uses, including one associated dwelling structure required for operation of agricultural uses. (D) Mass transportation rights-of-way and trackage, including passenger station, off-street turn-around, layover areas for transit vehicles, shelter stations and off-street parking facilities, provided such uses do not extend within 200 feet of a residential district boundary. (E) Landing pads and stations for helicopters; vertical take-off helipads or helicopter aircraft, as regulated in § 156.013, facilities for rsaintenance of helicopters and accessory uses therefor; provided those uses do not extend within 500 feet of a residential district. (F) Temporary structures incidental to the development of land or to the erection of structures, provided that temporary structures shall be removed at the termination of development or construction. (a~ Offices, incidental and accessory to a permitted use, attached or detached, and including service facilities for employees or guests, provided any service facilities shall be wholly within a building and shall have no exterior advertising display. (H) Accessory utility structures of facilities. (I) Accessory recreation areas, indoor or outdoor, provided primarily for the convenience and use of employees of a specific industry or an industrial area as a whole. (J) Signs, as regulated in § 156.014. (Ord. 85-OR-3I, passed 7-20-85) (K) Day care centers, day nurseries provided for the convenience and use of employees of a specific industry or an industrial area as a whole. (L) Retail or wholesale stores restricted to sales to employees only of products of the specific industry. (M) Trade, business, training schools related to the permitted uses of the district. (Ord. 91-OR-18, passed 8-6-91) 169 § 156.070 APPLICATION. (A) This district is designed as an intermediate district for industries which are heavier in character than those permitted in the I-S District but which are not of the heaviest industrial types. Because cf the nature of the permitted uses, the district is to be located away from residential areas and buffered by lighter industrial or Business Districts. Where this district abuts residential areas, setbacks are larger and enclosure of activities and storage is required. (B) The folloWing regulations shall apply to all land within an I-1 District. After the effective date of this subchapter: (1) With the exception of legally established nonconforming uses, no land, building, structure, premises, or pert thereof shall be used or occupied except in conformity with these regulations and for uses permitted by this subchapter. (2) No building, structure, premises, or part thereof shall be constructed, erected, converted, enlarged, extended, reconstructed, or relocated except in conformity with these regulations and for uses permitted by this subchapter. However, legally established nonconforming uses may be reconstructed if damaged or partially destroyed by fire or other disaster when such damage or destruction does not exceed two-thirds of the gross floor area of the structures or facilities affected. (3) For purposes of this subchapter,/~Ot~shall mean any area of land designated as lot on a platted subdivision or described on a duly recorded deed or parcel of land or site which is occupied, or intended for occupancy by one principal use. (Ord. 91-OR-18, passed 5-6-91) § 156.071 PERMIT'I'~--'u US~S. (A) This District is designed for those industries which carry on their entire operation within a completely enclosed building that is substantially constructed; the industry is not permitted to use open space around any building ~t~ed to the land within this district to be for storage of raw materials or manufactured products or for any other industrial purpose unless approved as a variance by the Board of Zoning Appeals, other than loading and unloading operations in conjunction with the permitted use. All uses must conform to the requirements set out in § 156.033. In addition, all uses shall be performed in a manner that no nuisance factor is created or emitted outside an enclosed building. No storage of raw materials, manufactured products, or any other materials is permitted in the non-screened open space around the building. (B) The following uses shall be permitted in the I-1 District. All uses in the I-1 District shall conform to §§ 156.041 and 156.045. (1) Any use permitted in the I-S District. (2) M~nufacture and asserably of marine/automobile equipment. 170 Jet~srso~ - ns. nd Us~4le (3) Canning, bottling, processing, and packaging of food, excluding slaughtering or processing of animals or fowl. (4) Can and container manufacturing. (5) Cabinet manufacturing; furniture manufacturing. (6) Manufacture and assembly of major electric and/or glass household appliances. (7) Manufacture of colors, dyes, paints, and other coatings, excluding tar products. (8) Manufacture and assembly of communication equipment. (9) Manufacture of tools and implements, machinery and machinery components. (10) Manufacture of electronic components and assembly of electronic components into electronic equipment and/or machinery. Electroplating operations. Manufacture and assembly of office equipment. Manufacture and assembly of musical instruments. Machine welding, tool and die shops. Manufacture of glass and glass products. Motor truck terminals less than ten acres in total area and subject to the regulations (11) (12) (13) (14) (lS) (16) of § 156.043. (17) (18) Paper manufacturing. Temporary structures incidental to the development of land or to the erection of structures, provided that temporary structures shall be removed at the termination of development or construction. (19) Offices, incidental and accessory to a permitted use, attached or detached, and including service facilities for employees or guests. Provided any service facilities shall be wholly within a building and shall have no exterior adveriising display. (20) Accessory utility structdres of facilities. (21) Accessory recreation areas, indoor or outdoor, provided primarily for the convenience and use of employees of a spec/ftc industry or an industrial area as a whole. (22) Signs, as regulated in § 156.014. (Ord. 86-OR-3I, passed 7-20-85; Am. Ord. 91-OR-18, passed 5-6-91) § 156.050 APPLICATION. (A) This district is designed for those heavy industrial uses which are typically characterized by certain factors which would be exceedingly ,t~cult, expensive or impossible to eliminate. These industries are, therefore, to be buffered by sufficient area to minimize any detrimental aspects to surrounding districts. The development standards and performance standards reflect the recognition of these problems, Whenever practical, this district is removed as far as possible from residential areas and buffered by intervening lighter industrial districts and a gradation into Business Districts to buffer Residential Districts from this District, (B) The following regulations shall apply to all land within an I-2 District. After the effective date of this subehapter: (1) With the exception of legally established nonconforming uses, no land, building, structure, premises, or part thereof shall be used or occupied except in conforrrdty with these regulations and for uses perrrfitted by this subchapter. (2) No building, structure, premises, or part thereof shall be constructed, erected, conver~ed, enlarged, extended, reconstructed, or relocated except in conformity with these regulations and for uses perraitted by this subchapter. However, legally established nonconforming uses may be reconstructed if damaged or partially destroyed by fire or other disaster when such damage or destruction does not exceed two-thirds of the gross floor area of the structures or facilities affected, (3) For purposes of this subchapter, LOTshall mean any area of land designated as lot on a platted subdivision, development plan, or described on a duly recorded deed or parcel of land or site which is occupied, or intended for occupancy by one principal use. (Ord. 91-OR-18, passed 5-6-91) § 156.081 PEP/MITT~ T..TS~S. The following uses shall be permitted in the I-2 District. All uses in the I-S and I-1 Districts shall conform to all sections of this district. (A) Stamping and assembly metal shops using press, brakes, and/or rollers. Manufacture of malt products; brewing; distillation of liquor and spirits. (C) Thermal, electric, steam, and/or nuclear generating plants. (D) Bulk storage of petroleum products. (E) Bulk storage of distilled spirits, (F) Manufacture of detergents and soaps. (G) Foundries, regardless of process. 172 Je~emonville - L,~,~cl Usage (H) Railroad equipment manufacturing, repair, and servicing. (I) Processing of forest products such as, but not limited to, veneer rrdlls, planing mills, saw mills, or lumber yards. (J) Utility pole yards and pipe yards. (K) Motor truck and distribution terminels subject to parking and loading requirements of this section. (L) The manufacture of housing in conform&rice with the federal Manufactured Housing Construction and Safety Standards Law of 1974 (4~. U.S.C. 5401 et seq.). (M) Manufacture of mobile homes, or manufactured housing. (N) Temporary structures incidental to the development of land or to the erection of structures, provided that temporary structures shall be removed at the termination of development or construction. (O) Offices, incidental and accessory to a permitted use, attached or detached, and including service facilities for employees or guests. (P) Accessory buildings. (Q) Accessory recreation areas, indoor or outdoor, provided primarily for the convenience and use of employees of a specific industry or an industrial area as a whole. (R) Signs, as regulated in § 156.014. (Ord. 88-OR-31, passed 7-20-85) (S) Granaries, grain processing, starch manufacturing. (Ord. 91-OR-18, passed 5-6-91) § 156,0~ SPECIAL IEXCI~P'I'IONS. These uses shall conform to the 1-2 Development Standards, I-2 Performance Standards; all requirements set forth in this District and all conditions attached to the grant of such Permit by the Board of Zon~g Appeals. In case of conflict, the more restrictive standards of requirements to control. (A) Cement, lime and gypsum manufacturing. (B) Off processing, refining, and manufactu~g. (C) Open hearths and blast furnaces. (D) Coke ovens. (E) Fat rendering and fertilizer manufacturing. (F) Leather curing and tanning. 173 (G) Tar, tar paper and tar prOducts manufacturing and processing. (H) Slaughtering and allied food processing. (I) Manufacture of explosives, matches, and fireworks. (]') Concrete mixing; production of concrete blocks and shapes, cinder blocks and other similar building materials rrt~tufactunng. (K) Stock yards for shipping, holding and the sale of animals. (L) Production of emulsified asphalt and preparation of asphaltic concrete paving material. (iV/) Manufacture of chemicals and gases. (N) Sand, gravel, or aggregafe washing, screening or processing (not including mining or dredging). (O) Refuse disposal facilities that meet all regulations of the Indiana Department of Environmental Management. Indiana State Board of Health, Stream Pollution Control Board, U.S. Environmental Protection Agency, and the Clark County Board of Health and further provided: (1) Refuse disposal facilities as herein established shall be operated and enlarged or diminished only in accordance with an operational site plan. (2) Accessory uses shall be permitted, which are incidental to, maintained on the same lot and commonly associated with the operation of the special use, including storage, parking of trucks and equipment, and offices, subiect to the terms of this chapter. (3) Salvaging (the controlled removal of reusable materials), i.f permitted, shall be organized so that it will not interfere with prompt sanitary disposal of refuse or create unsightliness or health hazards. Scavenging (the uncontrolled removal of materials) shall not be permitted. (4) Open dumping shah not be permitted. For purposes of this chapter, an open dump is def'med as a site where refuse is dumped which, due to lack of control, may create a breeding place for insects and rodents, may catch fire or produce air, ground or water pollution. (5) Refuse disposal shall not be maintained or operated in a manner constituting a hazard to health, safety or the general public welfare. (6) Adequate lot area shall be provided for the use contemplated. (7) The site shall be accessible from a street designated as secondary arterial or higher, and interior facilities shall be accessible from an all-weather road. (8) Minimum setback lines for any structure or improvements in connecti°n with refuse disp°sal operations shall be 200 feet from an adjoining propetty line, provided, however, sanitary landfill shall be practiced within 50 feet from an adjoining property line, except for necessary grading to establish the elevation thereof in conformity to the operational site plan. A buffer planting screen shall be between such operations and said adjoining property lines, in accordance with the development standards of this section. 174 Jm~onvme - La,n~ U~age (9) Off-street parking spaces shall be provided in accordance with this chapter or this section, whichever is stricter. (10) At least one identification sign shall be provided, indicating the name and address, the hours of operation and similar such information, as is further regulated in this chapter. (11) An application for Refuse Disposal Facilities shall be accompanied by the following: (a) An area-locator map. (b) Informationastotopography, soflanddr~nageconditions, watertablesandsubsurface characteristics. (o) An operational site plan indicating clearly the orderly development, operation and maintenance of the refuse disposal facility. (12) Operational standards: (a) Location of refuse disposal facilities in ravines or low areas shall only be considered satisfactory when drainage of said areas is positively controlled. Refuse shall not be deposited in standing water or areas where springs exist. (b) Location of refuse disposal facilities in close proximity to rivers or streams shall be considered satisfactory only when it can be demonstrated that there is no contamination of said water bodies by negligent handling of refuse seepage or poor drainage. (c) Refuse disposal facilities shall not be located in areas where Ieachate, chemicals, or other materials will contaminate ground water. Said facilities shall not be located in areas containing sand, gravel or rock as a maior portion of the soft composition when wells in the vicinffy are used for a source of water supply. (d) Refuse disposal facilities shall not be located in areas subject to flooding without the prior recommendation in writing of the Indiana Natural Resource Commission or local engineering departments having jurisdiction thereof. (e) Approval of a refuse disposal facility shall not be granted without the prior reconu'uendation in writing of the Indiana Department of Environmental Management, Indiana State Board of Health, or local health departments having jurisdiction thereof. (f) Fencing, landscape screening or other adequate barrier shall be provided, enclosing operations therein. (g) A qual/fied supervisor shall be on duty at all times during the hours of operation. When the refuse disposal facility is not in operation, provisions shall be made for locking up the area in such a manner as to save people and animals from harm. (Ord. 91-OR-18, passed 5-6-91) § 186.083 COND1TIONAI, OR COl~'r~.,~u~:;NT USES; REOUH~MENTS. Contingent uses, including accessory buildings and uses, are permitted in the districts indicated. (A) A contingent use is one which is likely or l~hle, but not certain, to occur, and which is not inappropriate to the principal use of the district in which it may be located. When so located, it shall conform to the requirements of the district in which the contingent use is permitted. In evaluating a request for a conditional use or contingent use, in addition to any requirements pertinent to a specific use, the Board shall make written findings that: (1) The proposed use is generally compatible with adjacent land uses and properties in the district; (P.) Adequate access to properW and structures is provided, with particular attention given to access for emergency vehicles; (3) Any screening and/or buffering necessary to separate uses shall be provided; (4) Utilities are adequate for the proposed use; (5) Off-street parking and loading are adequate for the intended use; (6) Any noise, glare, or odor in conjunction with the intended use will not have a deleterious effect on adjacent properties and uses. (B) The ~um bufldfmg height for contingent uses shall be as provided in the applicable district' (C) Provisions and exceptions for contingent uses shall be as follows: (1) The maximum height requirements may be increased if buildings are set back, from front and rear property lines, one foot for each two feet of additional height above the maxLmum requirements. (2) In all d~tricts, spires, church steeples, chimneys, c~)oling towers, elevator bulkheads, f'u:e towers, scenery lofts, and essential mechanical appurtenances may be erected to any height not prohibited by other laws or ordinances. (3) A church or temple requiring parking areas at times when nearby uses do not need their parking facilities may, by agreement approved by the Board, utilize such facilities in lieu of providing their own parking facilities. (4) Open parking areas shall be paved with a dust-proof or hard surface. ('77 Code, App. D, Section 18) (Ord. 1527, passed 4-4-60; Am. Ord. 91-OR-18, passed 5-6-91) Penalty, see Section 10.99. § 186.084 NONCONI~DRMI~G USE SPECIi~ICATIONS. The lawful use of a building or premises, existing at the time of passage of this chapter may be continued, although such use does not conform to all the prov~ions of this chapter, except as hereinafter provided. (A) A nonconforrrdng use may be extended thr6ughout a building provided no structural alterations are made therein, except those required by law. (B) A nonconforming use may be changed to another nonconfon'ning use of the same or greater restrictions, provided no structural changes are made in the building. Whenever a nonconfc/rming use has been changed to a conforming use or to a use perrrdtted in a district of greater restrictions, it shall not hereafter be changed to a nonconforming use of a less restricted one. (C) No building shall be erected upon any premise devoted to a nonconforrrdng use, except in conformance with regulations of this chapter. (D) The Building Commissioner may authorize, by written permit, in a district for a period of not more than one year from date of such permit, a temporary building or trailer for commercial or industrial use incidental to the construction and development of the district, provided certificate of occupancy is issued for such use. (E) Nothing herein contained shall require any change in the plans, construction, or designated use of a building for which a building permit has been heretofore issued, and the new construction of which has been diligently prosecuted within 90 days of the date of the permit and which entire building shall be completed according to such plans filed within three yearn from the date of passage of this chapter. (F) In the event that a nonconforming use of any building or prerrdses is discontinued for a period of one year, the use of the same shall thereafter conform to the uses permitted in the district in which it is located. (G) Any nonconforming open use of land shall be discontinued within five years from the date of passage of this chapter. (H) These provisions apply in the same manner to a use which may become a nonconforming use due to a later amendment to this chapter. ('77 Code, App. D, Section 2) (Ord. 91-OR-18, passed 5-6-91) § I$6.08~ DE"VELOP~ S?AIq'DA.RDS. (A) Use. (1) Enc~~sed ~perati~ns. A~~ ~perati~ns~ servicing~ ~r pr~cessing (except st~rage and ~~.street loading) shall be conducted within completely enclosed buildings. (2) Outside storage. AU storage of materi~!~ or products shall be: (a) Within completely enclosed buildings; or (b) Effectively screened by a v-chain link, lattice, or similar type fence, with ornamental, non-solid, or chain link or similar type entrance and exit gates. (Canvas may be attached to gates for effective screening.) The height of the fence shall be at least six feet and shall not exceed eight feet. The fence shall be surrounded by trees or an evergreen hedge of a height not less than the height of the fence. (B) Required front yard, minimum setback. 177 (1) A front yard, having at least 75 feet width of frontage on a public street and having a minimum depth in accordance with the following setback requirements, shall be provided along the street right-of-way line. (2) No part of any structure (excluding an eave or cornice overhang not exceeding four feet or a canopy at an entrance) shall be built closer to the centerline of a right-of-way of the following streets: (a) Expressway: 120 feet. (b) Prirrtary thoroughfare or parkway: 105 feet. (c) Secondary thoroughfare: 95 feet. (d) Closer to the right-of-way line of all other streets (including, but not limited to collector streets, local streets, cul-de-sacs, and marginal access streets) than: 50 feet. (3) No part of any structure shall be built closer to the right-of-way line of a street or highway designated as a federal interstate route than 60 feet, except: (a) Front roads immediately paralleling federal interstate routes (with a coinciding right-of-way boundary) shall be considered collector streets, requiring a front setback cf 50 feet from the right-of-way of the front road. (b) If side or rear lot lines coincide with a federal' interstate route right-of-way line, the required minimum side or rear setback for this District shall apply. (C) Required comer side yard, minimum setback. In any case where the side lot line abuts a street right-of-way line, there shall be provided a comer Side yard in which the setback of any structure shall comply with the minimum front setback requirements of division (B) of this section, unless subject to the requirement for transitional yards of d/vision (F) of this section. (D) Required side yards, minimum side setback. (1) A side yard and setback of not less than 30 feet in depth shall be provided along each side lot line. (2) However, ii the side lot line abuts a railroad operating right-of-way, the building shall be permitted to abut the railroad operating right-of-way, unless sublect to the requirement for transitiWonal yards of d/vision (F) of this section: (t~) Required rear yard, minimum rear setback. (1) A rear yard and setback of not less than 30 feet in depth shall be provided along the rear lot line. (2) However, il the rear lot line abuts a railroad operating right-of-way, the building shall be permitted to abut the railroad operating right-of-way, unless subiect to the requirement for transitional yards of division (F) of this section. 178 Je~fe~o~ - L~cl Use~e (F) Transitional yards. (1) Minimum front, side, and rear yards and setbacks. (a) Where front lot line faces a residential district on the opposites/de of the street, a front yard and setback shall be provided not less than 100 feet in depth from the frent lot line. (b) Where a side lot line abuts a side or rear lot line in an adjacent residential district, a side yard and setback not less than 50 feet in depth shall be provided along the side lot line. (c) Where a rear lot line abuts a side or rear lot line in an adjacent residential district, a rear yard and setback not less than 50 feet in depth shall be provided along the rear lot line. However, additional front, side or rear setback distances for transitional yards, as specified in division (H) of this section, shall be required tq permit building heights exceeding 22 feet to a maxi.mum height of 35 feet. (2) Screening and landscaping. Where a side or rear lot line adjoins a residential district, a compact hedge, or row of shrubbery or evergreen trees shall be provided along or within 20 feet cf a lot line, and not less than six feet in height. The hedge, shrubbery, or row of trees shall extend the full length of the lot line, except that it shall be omitted between the front lot line and a point five feet greater than the required or established building setback line of the adjacent residential or business district. Any ground area between the hedge, shrubbery, or row of trees and the lot line shall be planted in grass or shrubbery, maintained in good condition and kept free of litter. A hedge, row of shrubbery, or evergreen trees shall not be required if: the entire yard between the let line and the building is landscaped with grass, trees, and shrubbery or hedge. Non-vegetative materials not exceeding 25% of the entire yard area may be used in combination with vegetation and structural or ornamental fixtures. (G) Use of required yards. All required yards shall be planted with grass or landscaped with other suitable ground cover materials, except: (1) Required front yards may include: (a) Pedestrian walks, driveways, entrance guard boxes, flag poles, directional signs, and similar appurtenant uses. (b) Off-street parking areas not exceeding 10% of the total area of the required front yard and subject to the off-street regulation of this chapter. (c) Access cuts and drives, provided they are not located within 20 feet of a lot line abutting a residential district. (2) Required side and rear yards may include: (a) Pedestrian walks, driveways, entrance guard boxes, flag poles, directional signs and s/mflarly appurtenance uses. (b) Off-street parking, subject to the off-street parking regulations of this chapter. (c) Access cuts and drives, provided they are not located within 20 feet of a lot line abutting a residential district. Zon.~ng Code 179 (H) Height of buildings and structures. (1) Maximum vertical height of buildings and structures shall be 50 feet. However, along any required front, side, or rear setback line which is adjacent to a residential district, the ma~Lmum vertical height shall be 35 feet. (2) Height exceptions. The following exceptions to the height regulations shall be permitted: (a) Parapet walls not exceeding two feet and s~x inches in height. (b) Reef structures for the housing of elevators, stairways, air conditioning apparatus, r°°f water tanks, ventilating fans, sky lights~ or s/milar equipment to operate and maintain the building. (c) Chimneys, smokestacks, flag poles, radio and television antennas, and other similar structures. (I) Off-street parking. Off-street parking facilities shall be provided in accordance with the off-street parking regulations of § 156.087. (J) Off-street loading. Off-street loading facilities shall be provided in accordance with the off-street regulations of § 156.88. (Ord. 85-OR- 31, passed 7-20-85; Am. Ord. 91-OR-18, passed 5-6-91) § 1~$.0~ OFF-$'I?3~? (A) General provisions. (1) Application of regulations. The off-street parking and loading provisions of this subchapter shall apply as follows: (a) Buildings, structures, uses hereafler established; exception perm/ts previously issued. For all buildings and structures erected and all uses of land established after the effective date of this subehapter, accessory parking and loading facilities shall be provided in accordance with the regulations in this section. However, where improvements location and building permits have been issued prior to the effective date of this subchapter, and provided that construction is begun within six months of such effective date and ,~il~gently prosecuted to completion, but not to exceed 18 months after the issuance of the bu/lcling permit, parking and loading facilities in the amounts required for issuance of the permits may be provided in lieu of any different amounts required by the off-street parking and loading regulations of this section. (b) Buildings, structures, uses existing or hereafter established; increase intensity of use. When the intensity of use of any building, structure, or premises (existing on the effective date of the subchapter or hereafter established) shall be increased (through addition of gross floor area or other unit of measurement specified herein for required parking or loading facilities), parking and loading facilities as required herein shall be provided for an increase in intensity of use. However, no building or structure lawfully erected or use lawfully established prior to the effective date of this subchapter shall be required to provide any additional parking or loading facilities unless and until the aggregate increase in units of measure shall equal not less than 15%, in which event parking and loading facilities as required herein shall be provided for the total increase. 180 Je~.aonvflle - Land Usage (c) Change of use. Whenever the use of a building, structure, or premises shall hereafter be changed to a new use permitted by this subchapter, parking and loading facilities shall be provided as required for a new use. (2) Ex~ting parking or loading facilities. Accessory off-street parking or loading facilities in existence on the effective date of this subchapter shall not hereafter be reduced below, or if already less than, shall not be further reduced below, the requirement for Such a new building or use under the provisions of this section. (3) New or expanded parking or loading facilities. Nothing in this subchapter shall be deemed to prevent the establishment of off-street parking or loading facilities to serve any existing use of land or building, provided that all regulations herein governing the location, design, and operation of those facilities shall be adhered to. (4) Damage or destruction. For any nonconforming building or use which is hereafter damaged or partially destroyed by fire or other disaster not exceeding two-thirds of the gross floor area of the structures of facilities affected, and which is reconstructed, off-street parking and loading facilities equivalent to those maintained at the time of the damage or partial destruction shall be restored and continue in operation. However, in no case shall it be necessary to restore or maintain parking or loading facilities in excess of those required by this sub-chapter for equivalent new use or construction. (5) Control of off-site parking facilitieS. In cases where accessory parking facilities are permitted on land other than the lot on which the building or use served is located, the facilities shall be in the same possession as the lot occupied by the building or'use to which the parking facilities are accessory. (6) Submission of plot plan. Any applicatioh for an improvement location permit shall include therewith a plot plan, drawn to scale and fully dimensioned, showing: (a) Parking or loading facilities to be provided in compliance with this subchapter; (b) Method of draining surface and storm watem; and (c) Location and design of driveways or loading areas. (7) Computation. In determining the minimum required number of off. street parking spaces or loading berths, if the unit of measurement (number of persons or square foot area, and the like) is any fraction of the unit specified in relation to the number of parking spaces to be provided, the fraction shall be considered as being the next unit and shall be counted as requiring one space or berth. Minimum off-street parking requirements by use: (a) Handicapped: Handicapped parking as required by local ordinances shall be provided. (b) Office uses: 1. General/professional office: One space for each 400 square feet of floor area on the ground floor, and one space fore each 500 square feet of floor area on other floors, with a minimum of three spaces. 181 2. Medical office/clinic or dental office: One space for each 200 square feet of floor area, with a minimum of three spaces. 3. Banks and related financial institutions and Post offices: Ten spaces plus one additional space for each 300 square feet of floor area in excess of 1,000 square feet. (c) Industrial uses: 1. Industrial, manufacturing, motor truck terminals, warehouse and storage uses: Employee parking of one space per one and one-half employees, based upon maximum combined employment count of main plus second shift. 2. Motor truck service, repair establishments: Two spaces for each bay plus one space for each employee. 3. Open air uses, including building material sales, coal yards, used car lots, used materials, and markets: One space for each 1,500 square feet of lot area. (d) Accessory/recreational uses: 1. Restaurants, clubs, shuilar establishments, used for recreation or amusement or for service of meals and drinks: One space for each 100 square feet of fioor area. 2. Bowling alleys, tennis centers: Four parking spaces for each alley or court. 3. Swimming pools: One space for each 100 square feet of water surface area', plus one space for each 30 square feet of site area used for spectator seating. 4. Gymnasiums, fitness centers: One parking space for each five permanent or portable seats. 5. Trade, business and training schools: One space for every three classroom seats plus one space for every three employees. 6. Day care centers, day nurseries, kindergartens and nursery schools: One parking . ' shall be provided space shall be provided for each member of the day care center staff. An on rote area where passengers may safely exit automobiles and enter the building and vice versa. 5. Retail, wholesale employee stores: One space for each 200 square feet of floor area on the building attributed to such sales, with a rrdrdmum of three spaces. 8. Fire stations: With full-time fire fighters, one space per person on duty on a normal shifr. With voluntary fire fighters, five spaces for each piece of apparatus. (e) Uses not specified: For any use not specified above, the requirements for off-street parking ratios shall be determined by the Planning Commission. (8) Collective parking areas. Off-street parking facilities for separate uses may be provided collectively if the total number of spaces so provided is not less than the sum of the separate 182 Je/~'soma, l~ - Lancl Us,4;e requirements for each use, and provided that all regulations governing location of accessory parking spaces, in relation to the use served, are adhered to. (B) Off-street parking regulations. Off-street parking facilities for motor vehicles shall be provided for all uses in the I-S Districts in accordance with the following regulation, in addition to the requirements of sections of the parking and loading regulation of this chapter, (1) Minimum parldng space dimensions. A required off-street parking space shall be at least ten feet in width and at least 20 feet in length, exclusive of access drives or aisles, ramps, columns, or office or work areas. (2) Access to and from parking areas. (a) t~ach required off-street parking space shall open directly upon an aisle or driveway of a width and design as to provide safe and efficient means of vehicular access to the parking space. (b) All off-street parking facihties shall be designed with appropriate means of vehicular access to a public way/street or alley in a manner as to minimize interference with traffic movement. (c) No driveway extending into the public way/street right-of-way (between the lot line and street pavement) shall exceed a width of 25 feet; provided, however, two driveways, not exceeding feet in width each, may constitute a single entrance exit. (d) In the I-S District, no off-street parking shall front upon, abut, be across a public way from, or be adiacent to any residential district. (e) In the I-S District, each industrial use which is so located that it fronts upon and provides access to a parkway, secondary or primary thoroughfare, or expressway, defined as a public way, shall provide a frontage lane paralleling and adjoining the improved part of the right-of-way and at least 12 feet in width for right turn traffic entering the lot except, however, that uses located on the left-hand side of a one-way street shall provide a left turn lane. The access points shall be located so the frontage lane shall be a minimum of 100 feet. If frontage is too small to provide 100 feet of frontage lane, the entrance shall be so located that the frontage lane shall extend the entire width of the lot (except for the side yard 20-foot setback requirement of division (B)(3)(c) of this section for access except when regulated by division (B)(4) of tlgs section. (f) Off-street parking and loading entrances shall be located a minimum distance of 50 feet from the nearest point of two intersecting public ways/street right-of-way lines. The access cuts shall further conform to all requirements of traffic engineenng departments having jurisdiction thereof. (3) Location and setback. (a) All parking spaces requ/red to serve buildings or uses erected or established after the effective date of this subchapter shall be located on the same lot as the building or use served. Buildings or uses existing on the effective date of this subchapter, which are subsequently altered or enlarged of as to require the provision of additional parking spaces under the requirement of this subchaPter, may be served by parking facilities located on land other than the lot on which the building or use served ~s located, provided the facil/ties are within 500 feet cfa lot line of the use served (see division (A) (5) of this section). ~:m,in~' Code 183 (b) Front yards. Except when fronting upon a residential zone, off-street parking may be located in rainimum required front yards of I-S District, provided the total parking area does not occupy more than 10% of the total area of the minimum required front yard. In the Industrial District, off-street parking may be located in front of the building, provided the parking area is located between the required front building setback line and the building. No off-street parking shall be allowed on any lot fronting upon a residential zone. (c) Side and rear yards. Off-street parking may be located in required side and rear yards, provided it does not extend within 20 feet of any lot line abutting a residential district. (4) Screening and landscaping. The ground area between the required off-street parking area setback and any lot line abutting or which fronts a residential district shall be screened and landscaped in accordance with the requirements of the development standards of this chapter. (5) Use of parking area. (a) The parking area shall not be used for the storage, display, advertisement, sale, repair, dismantling, or v~recking of any vehicle, equipment, or materials, and shall be for the sole use of the occupants and visitors of the premises. (b) The required parking area shall not be used for the storage of any commercial vehicles. (c) Buildings or structures shall be permitted for shelters for guards, attendants, orwatchrnen; however, that structure shall not occupy required off-street parking space. (d) Loading and unloading spaces and maneuvering areas, as required in § 156.087, shall not constitute required off-street parking space; nor shall off-street parking areas be used for off-street loading purposes. (6) Surface of parking area. (a) Open and enclosed parking spaces. Off-street parking spaces may be opened to the sky, covered or enclosed in a for-parking area; it shall be treated as any maior structure and subiect to all requirements thereof. (b) All open off-street parking areas shall be paved with concrete or improved with a compacted macadam base, and surfaced with an asphaltic pavement to provide an adequate, durable and dust-free surface which shall be maintained in good condition and free of weeds, dirt, trash, and debris, except that: 1. A gravel surface may be used for a period not exceeding one year after the parking lot is opened for use where ground conditions are no~ immediately suitable for permanent surfacing as specified above. 2. A gravel surface in the area of storage or handling may be used permanently in association with industries that handle liquids or chemicals which create a potential hazard if containment should be lost and where absorption into the ground through a loose surface material would eliminate or alleviate such hazard. 184 Je~'~o~ - L~nd Us~4~e 3. The surface shah be graded and drained in a manner that there will be no free flow of water into either adjacent properties or public sidewalks. 4: The parking area shall be so lined or designated where abutting a requ/red yard that no part of the parked vehicles shall extend beyond the boundary of the established parking area into any minimum required yard or into adjoining property. $. When lighting facilities are used to illuminate the parking area, they shall be so located, shielded, and directed upon the parking area that they do not create or reflect onto adjacent properties or interfere with street traffic. In no instance shall bare incandescent bulbs be used for any illumination. 6. Amount. All uses permitted in the I-S District shall provide a minimum of one parking space for each one person on the premises, computed on the basis of the greatest estimated number of persons at any one period during the day or night. (Ord. 85-OR-3I, passed 7-20-85) (Ord. 91-OR-18, passed 5-6-91) § 1B6.O~' OFF-STI~'~-T LOADING I~G'ULATIONS. Off-street loading facilities accessory to uses in the I-S District shall be provided in accordance with the following regulations, in addition to the requirements of the off-street loading requirements of this chapter. (A) Minimum area. A required off-street loading berth shall be at least 12 feet in width by at least 60 feet in length, exclusive of aisle and maneuvering space, and shall have a vertical clearance of at least 15 feet. (1) Each required off-street loading space shall open directly upon an aisle or driveway of a width and design as to provide safe and efficient means of vehicular access to the loading space. (2) All off-street loading facilities shall be designed with appropriate means of vehicular access to a street or alley in a manner as to minim/ze interference with traffic movement. (3) No driveway extending into the street right-of-way (between the lot line and street pavement) shall exceed a width of 25 feet. Provided, however, two driveways not exceeding 25 feet in width each, may constitute a single entrance-exit. (4) In any I-S District, off-street loading shall not be permitted in the front yard on any lot fronting, abutting, or adjacent to any residential district. (5) Off-street loading entrances shall be located a minimum d~stance of 50 feet from the nearest point of two intersecting street right -of-way lines. All access cuts shall further conform to all requirements of traffic engineering departments having jurisdiction thereof. (B) Location and setback. (1) Alt rec/uired loading berths shall be located on the same lot as the use served, and shall be designed and located that trucks shah not back from or into a public street. ZozlJng Cocle 185 (2) No open loading berth shall be located in a minimum required front yard or the area between the front lot line and the front line of the principal building. (3) No loading berth shall be located in a minimum required side or rear yard. (C) Screening. All motor vehicle loading berths on any lot abutting a residential district or separated by an alley from a residential district shall be enclosed within a building or screened and landscaped in accordance with the regulations in § 156,044(F) (2] for screening and landscaping transitional yards. (D) Use of loading area. Space allotted to off-street loading berths and maneuvering areas shall not be used to satisfy the off-street parking space requirements. (E) Surface of loading area. (1) Open and enclosed loading areas. Off-street loading bezlhs may be opez~ to the sky, covered, or enclosed in a building. In any instance where a building is constructed or used for loading, it shall be treated as any other major structure and subiect to all requirements thereof. (2) All open off-street loading areas shall be paved with concrete, or improved with a compacted macadam base, and surfaced with an asphaltic surface to provide an adequate, durable and dust-free surface which shall be maintained in good condition and free of weeds, d~, trash, and debris, except that: (a) A gravel surface may be used for a period not exceeding one year after the loading area is opened for use where ground conditions are not immediately suitable for permanent surfacing as specified above. (b) A grave] surface in the area of storage or handling may be used permanently m association with industries that handle liquids or chemicals which create a potential hazard/.f containment should be lost and where absorption into the ground through a loose surface material would eliminate or alleviate such hazard. (c) The surface shall be graded and drained in such a manner that there wiil be no detrimental flow of water onto adjacent properties or public sidewalks. (d) When lighting facilities are used to illuminate a loading area. they shall be so located, shielded, and directed upon the loading area that they do not create glare or reflect onto adjacent properties or interfere with street traffic. (F) Amount. (1) Off-street loading facilities shall be provided in accordance with the following minimum requn'ements in the I-S Districts. 186 Je~rerso~ - Land Usage 1 - 40,000 1 40,000 - 100,000 2 100,001 - ~00,000 3 (2) For each additional 200,000 square feet of gross floor area or fraction thereof, one additional loading berth shall be provided. (Ord. 85-OR-31, passed 7-20-85) (Ord. 91-OR-18, passed 5-6-91) § 156.0~8 PI~C~- STANDARDS. (A) Noise vibration, odor, glare, heat. In no case shall production or operational noise, vibration, odor, glare, or intense heat be permitted to escape beyond the lot lines. (B) Smoke, paniculate matter, noxious materials. The errdssion of smoke, particulate matter, noxious, or toxic gases shall conform to the standards and regulations of the Indiana Department of Environmental Management, Air Pollution Control Division, and which standards and regulations are incorporated by reference and made a part hereof. (C) Fire and explosive hazards. The storage, utilization, or manufacture of all products or materials shall conform to the standards prescribed by the Uniform Building Code and Uniform Fh:e Code, current edition in effect under the State of Indiana or equivalent cede as adopted. This storage, utilization, or manufacturing shall not produce a hazard or endanger the public health, safety, or welfare. (D) Discharge of waste matter and storm drainage. (1) No use shall accumulate or discharge beyond the lot lines any waste matter, whether liquid or solid, in violation of the applicable standards and regulations of the appropriate governmental Engineer, the County Health Department, Indiana Department of Environmental Management, State Board of Health or, if applicable, the Indiana Department of Natural Resources, or the U.S. Corps of Engineers; or in a manner as to endanger the public health, safety, or welfare; or cause injury to property. (2) Prior to improvement location permit issuance for any industrial use: (a) Approval of plans and specifications for proposed sewage disposal sewage treatment, pre-treatment, collector lines and other equipment or facilities therefor (unless a connection is being made to a public sewer), in regard to wastes generated by the permitted use, shall be obtained from the Indiana Department of Envin'uunental Management, the City Engineer, and the County Health Department. (b) Written approval of proposed connection to a public sewer shall be obtained from the City Engineer, appropriate Sewer Department, Indiana Department of Environmental Management and, if applicable, the County Health Department. Zon~ ~ 187 (c) Plans and specifications for proposed storm drainage facilities shall be submitted to and approved by the City Engineer. (Ord. 85-OR-31, passed 7-20-85) (Ord. 91-OR-18, passed 5-6-91) PL~ UNIT § 156.100 PhANI~m~-UNIT DEVELOPMENTS. The purpose of the planned unit development sulx:hapter is to: (A) Encourage flexibility and a more creative approach in the development of land and building site planning; (B) Tc encourage an efficient, aesthetic and desirable use of open space; (C) To achieve flexibility and incentive for residential, commercial, andindustrial development which will serve beth the Development Plan area and the general neighborhood and which will produce a wider range of choice in satisfying the changing needs of the city; (D) To encourage variety in physical development patterns; (E) To encourage renewal and redevelopment of older areas in the city where new development and restoration are needed to revitalize the area; (P) To permit special consideration of proper~y with the unique features, including but not limited to the Ohio River, historic significance, unusual topography, landscape, amenities, s=e, or shape; (O) To convert land so poorly developed as to be a public liabfliW; and (H) To simplify processing of development proposals for developers and the Plan Commission by providing for concurrent review of land use, subdivision, public improvements, and siting considerations. (Ord. 91-OR-18, passed 5-6-91) § 185.101 APPLIC, ABUATY OF DIMENSIONAI~ REOUIREMENTS. The lot area, lot with width, yard, usable open space and parking requirements of the zoning code shall not apply to planned unit developments. The siting and location of buildings, improvements, structures and common open spaces within the area of the planned unit development shall be controlled by the development plan approved for the planned unit development. (Ord. 91-OR-18, passed 5-6-91) § 156,102 PROCEDURES FOR THE APPROVAI~ OF PLANNED DEVELOPMENTS. The procedures for the approval of planned developments are specified in the appropriate sections of this chapter. 188 Jeffe~omalle - Land Usage § 156.103 DESIGNATION OF PhANNED DB-'VELOP~ AREAS l~l'nA'r,-.'u BY THE CITY'. Upon recommendation of the Plan Commission, the city shall request the Building Commissioner to amend the zoning map so as to designate an area for planned unit development. When such an area is designated by the city, then any development proposal in such area shall be subject to an outline plan and subsequent development as required in these regulations except that any such outline plan may be for less than the entire area designated. (Ord. 91-OR-18, passed 5-6-91) § 156.104 APPLICATION FOR APPROVAL OF OU'I'I.,IN~ PLAN. (A) ApPlications. The application for approval of the outline plan of planned unit developments shall be submitted to the Plan Commission 30 days prior to meeting.date in accordance with the rules of procedure of the Commission. The Plan Commism'on shall review the outline plan based on the criteria for approval contained in this chapter and chapters having zoning and definition relevant to the Plan. In every case the following information and data shall be required: (1) The proposed name of the development; (2) The name and address of the developer or owner acting as a developer; (3) The location by public way, township, and section; (4) The legal description; (5) A map including date, scale, and point north, location, size, capacity and use of all buildings and structures existing or to be placed in the development; (6) The nature and intensity of the operations involved in or conducted in connection with the development; (?) The name of public ways giving access to the development and location, width, and names of platted public ways, railroads, parks, utility easements, and other public open spaces; (8) The site layout of the development including the location, size, arrangement, and capacity of area to be used for vehicular access, parking, loading, and unloading; (9) A description of the use of adjacent property and an identification of that property; (10) The location, size, and arrangement of areas to be devoted to planting lawns, trees, and other site-screening activities; (11) The proposals for sewer, water, gas, electric, and storm drainage; (12) The contours with spot elevations of the finished grade and the directions of storm (13) The layout of proposed lots with their numbers and dimensions; and (14) The land use density f~ctors. (B) .An applicant su~rr~tting an application for approval of a planned unit development may be requested to subm/t additional infonrtation for clarity. Such information and data request me¥ include the following: an outline rt~p which may be pazt of the outline plan sl~ll be in general, schematic fon~ and shall coma.in at least the follov, ring irEorrr~tlon: (1) Existing topogr~pl~c character of the land and rr~jor natural features. (2) Location, owner, zoning and use of adiacent properties, including location, size and use of all buildings within 100 feet of the lot line. (3) Proposed density and type of building. (4) Land to be used as common open space. (5) Stages, if any, in which the P.U.D. is to be constructed. (6) Approximate location of thoroughfares within the project. The thoroughfare plan shall be approved by the City Engineer when the outline plan is submitted to the Commission. (7) Data concerning the availabgity, adequacy and location of public activities, existing and proposed, to be utilized by the project, including but not limited to the following: (a) Utilities: sanitary and storm sewers, water, gas and electricity. (b) Streets: impact of traffic generated by the project upon existing thoroughfares, sh°wirtg routes to the city and/or other rr~jor destinations, that is, shopping or industrial centers. (c) Schools. (d) Fire protection. (C) Written statement: The written statement to accompany the outline plan shall contain at least the following information: (1) Description of the planned unit development. (2) Land ownership. (3) Relationship to surrounding neighborhood. (4) Approval procedure for outline plan and P.U.D. Zoning. (a) The Plan Commission shall publish notice as required by Indiana law and hold a public hearing on the outline plan. The petitioner shall pay advertising costs. (b) Upon conclusion of its public hearings and withfft ten days of f'mal action on an outline plan, the Plan Comm~sion shall forward to the City Council its report and recommendations. 190 Je~$et~so~ - Land Usage (c) The City Council shall publish notice as required by state law and conduct a public hearing on the planned unit development application. The hearing shall be held within 30 days after the receipt of the Plan Commission's report and recommendations. The petitioner shall pay for advertising costs. (d) Following the hearing, the City Council may approve the outline plan and written statement, with or without modifications, within 60 days. (e) When the City Council has approved the outline plan, they shah direct the Building Commissioner to amend the zoning map to designate as a planned unit development the area covered by the outline map. If the outline is approved with modifications, the Commission shall not direct the zoning map amendment until the applicant has filed written consent to the plan as modified. If the applicant does not accept all of the modifications, the outline plan is deemed denied. (Ord. 91-OR-18, passed 5-6-91) § 156.108 APPLICATION FOR APPROVAL OF DEVELOPMENT PLAN. (A) Within 12 months following the approval of the outline plan, the applicant shall submit to the Plan Commission a development plan covering all of the area of the outline plan or one or more of the stages for the construction of the planned unit development which are shown on the outl/ne plan. A submitted development plan shall contain all of the following information: (1) Topographic features: A current map showing existing and proposed topographic features and contour; existing zoning patterns; land uses; the location, size, and elevations of all existing and proposed buildings; and the density and type of dwellings, except that single-family dwellings shall be shown as dwelling lots or sites. (2) Traffic systems: A map showing internal traffic and circulation systems, off-street parking areas and major points of access to streets and thoroughfares. (3) Common open space: Detailed maps of areas to be designated as common open space and of any improvements to be constructed therein. (4) Landscaping: A landscape plan. (5) Agreements and covenants: Agreements and covenants which govern the use, maintenance and continued protection of the planned unit development and its common open space. (6) Development schedule: A development schedule indicating the approximate dates and when construction of the planned unit development will begin and will be completed and the anticipated rate of development. (7) Sewer and water: A plan for sewer and water showing connections to existing and/or proposed systems as well as the internal system in the project area. (8) Approvals: Status report of all required approvals from local, state, and federal agencies, including any staff report concerning the development. The Plan Commission shall, at its option, give conditional approval pending any local, state or federal approval of the plan. 191 (9) Sediment control and erosion: Land to be developed shall be designed to minimize er°si°ri' Sufficient measures shall be taken to insure that sediment and erosion of soils and material~ occurring as a resufl of the development or its construction shall not be deposited in excessive quantities on adjacent lands, in drainage systems or in watercourses. A plan for the control of sediment and erosion shall be included with the general development plan. (10) Grading: No person shall do any mass grading, stripping, excavating, or filling of land or create barrow pits or material processing facilities on any land area proposed as 1~ ,U.D. without having first obtained approval of the P.U.D. The grading plan shall be reviewed with and become a part of the P.U.D. (11) Preservation of natural cover: Land to be developed shall be designed and improved so as to conform to the natural landscape so far as practical. There shall be mirdmum disturbance of natural contours, natural drainage, tree cover and ground vegetation consistent with the reasonable implementation of the development plan, Plans for road alignment, utility installation and construction of building improvements shall reflect attention to preservation and enhancement of natural cover Particular attention shall be paid to protection of sells, terrain, and vegetation on land slopes facing d~rectly upon any public lake or reservoir, (12) Visual impact: When applicable, the development plan shall show the visual impact of the development from a public lake, (13) Drainage: All development proposals shall include a complete drainage system designed for a four inch rainfall/hour. A statement of re'new from the U.S. Soil & Water Conservation District shall be presented to the Commission with the development plan. Consideration shall be given to the run-off generating characteristics of each watershed. Of the ram which falls on the area, the following apprommate amounts can be expected to become run-off: * Wooded-Undeveloped * parks * Light Residential * Residential * Commercial 20% 30% 40% 60% Depending on the type of commercial use, the amount of rain which can be expected to become run-off would be between 70% and 100%. (a) Provisions shall be made to assure that the rate of water flow onto adjacent property shall not be significantly increased by the nature of the development. (b) Any naturai drainage ways or storm sewers on the site shall be adequate f°r anticipated run-off. (c) The development shall not cause any harmful modifications of any natural drainage system. The existing natural drainage system shall be used to the maximum extent possible, (d) Finished land grades shall be without unplanned pending °f water °n the land and shall have no surface water that will cause serious erosion. 192 - (e) The natural vegetation shall be utilized where possible to prevent the concentration of surface water run-off. (f) Any planned drainage constructidn shall be integrated into the drainage pattern of surround~g properties. (B) When the scope or location (that is, ne~ public forests, lakes, streams, wetlands, and the like) of the proposed development warrants, the Comm~sion may require the developer to prepare an environmental review of the project, as opposed to a full Environmental Impact Statement (ELS). If upon the review by the Commission as aided by the Building Commissioner such review indicates an EIS is necessary, the developer shall be responsible for the conduct of the EIS impact system. Such a report shall include a detailed statement setting forth the following: (1) The environmental impact of the proposed action. (2) AnY adverse environmental efforts wkich cannot be avoided if the proposal is implemented. (3) Measures proposed to minimize the impact. (4) Alternatives to the proposed action. (S) The relationship between local shor~-term uses o£ rnan's environment and the maintenance and enhancement of long-term productivity. (6) Any irreversible environmental changes which would be involved in the proposed action should it be implemented. (C) Each development plan submitted to the Commission shall be accompanied by one of the following: (1) A certificate that all improvements and their installations have been completed in accordance with specifications set out in the zoning code. (2) A bond or certificate of funds in escrow that: (a) Runs to the city. (b) Is in an amount set by the Commission sufficient to complete the improvements and their installation in compliance with the zoning code. (c) With surety by a company licensed to do business in the state. (d) Specifies a completion date for said improvements. (e) The city shall have the authority to move against said bond or certificate of funds in escrow in the event said improvements and their installation have not been met by the specified completion date. Any funds rece/ved from bond or certificate of funds in escrow shall be used to complete the improvements and their installation. Zoning Code 193 (3) In the event all improvements required by the zoning code have not been met and no bond posted, the Commission may give written final approval pending future delivery of a certificate that all improvements have been met. However, the development plan shall not be recorded and no lots or structures shall be sold nor rents or leases collected nor occupancy nor use in general be permitte~l until delivery of said certificate to the Commission. The Commission may allow a phase of the development to be recorded and a certificate of occupancy issued only if all improvements required by the zoning code for that phase have been completed and that phase complies with all other sections of the zoning code. (Ord. 91-OR-18, passed 5-6-91) § 186.106 PLAN COMMISSION l~-'%'~w OF DEVELOPMENT PLAN. (A) The Plan Commission, after publishing notice as required by state law, shall review the development plan at public hearings held in accordance with the rules of procedure of the Plan Commission. The Plan Comm/ssion shall review each type of development by use of the relevant substantive standards set out below and such other criteria as it deems pertinent. (B) The Plan Commission shall require written commitments from the developer binding the developer to develop the project and assure that the Plan Commission preserves the right to modify or terminate commitments by decisions of the Plan Commission. The Plan Commission shall also assure that commitments automatically terminate upon a rezoning of the land to a dffferent zoning classification. Planned developments normally have a life of over ten years and, with changes in the market place, character of the city, neighborhood, environmental conditions, and legislation, may require some time in their fi.re to be modified or terminated. (Ord. 91-OR-18, passed 5-6-91) § 1~6.10'/ P, ECOP, DING OF APPROVED DEVELOPMENT PLAN. When the Plan Commission has approved the development plan, the developer shall record the development plan in the manner provided for the recording of plats of subdivisions. If the development plan is approved with modification, the plan shall n°t be recorded until the applicant has filed with the Plan COmmission a written consent to the plan as modified. If the applicant does not accept all of the modifications, the development plan shall be deemed denied. (Ord. 91-OR-18, passed 5-6-91) § 156.108 BU'~DING pEI~M1TS AND CERTm~iCATES OF OCCUPANCY. The Building Commissioner shall issue building permits and certificates of occupancy for buildings and structures in the area covered by the approved development plan if they are in conformity with the development plan and with all other ordinances and regulations and if all corrtmon open space and recreational area and facilities Provided in the planned unit development have been conveyed in accordance with the standards established. (Ord. 91-OR-18, passed 6-6-91) 194 Jef~amo~ - ~.mnd Usmge § 156.109 LAPSE OF DEVELOPMENT If no building, structure or other improvement has been substantially completed in the planned unit development within 12 months of the approval of the development plan, the development plan shall be reviewed by the Plan Commission to determine the developer's intent to proceed. For a good cause, the Plan Conuni-~ion may extend for up to one additional year the period for substantial completion of a building, structure or other improvement. If the Plan Commission determines the developer does not intend to proceed with the planned unit development, the Commission shall request the Building Commissioner to file a notice revocation with the recorded copy of the development plan. (Ord. 91-OR-18, passed 5-6-91) 186.110 CHANGES IN OUTLINE OR DEVELOPMENT PLANS. No changes shall be made in an approved outline or development plan prior to the completion of the planned unit development except upon application to the appropriate agency under the procedures authorized below. (A) Minor changes in the location, siting, and height of buildings or structures and minor changes in the internal street system and off-street parking areas shall be approved by the Plan Commission when required by engineering or comparable circumstances not foreseen at the time the development plan was approved. No change made under the provisions of this section shall increase the cube of any building or structure by more than 10%) increase the density of buildings to be constructed in the planned unit development or decrease the area devoted to open space. (B) All other changes in the outline plan or development plan, including changes in use and density, approved ratios and additions to or deletions from the area covered by the outline plan, shall be made by the Plan Commission under the provisions authorized by the zoning code for the initial approval of the outline plan. (Ord. 91-OR-18, passed 5-6-91) § 186.111 COMPLETION OF PLANNED UNIT DEVELOPMENT~ The Building Commissioner shall issue a certificate certifying the completion of the planned unff development or an entire stage and shall note the issuance of the certificate on the recorded copy of the development plan. (Ord. 91-OR-18, passed 5-6-91) § 156.11~ DEVELOPMENT PLAN TO GOVEP, N. After the certificate of completion has been recorded, the use of land and the construction, reconstruction, modification or alteration of any buildings, structures or improvements within the planned unit development shall be governed by the development plan rather than by the prov/sions of the zoning code. (Ord. 91-OR-18, passed 5-6-91) Zoning Cx:~le 195 § 188.115 OHAN~ PROHIBn'~. No changes shall be made in an outline or development plan after the conditional approval has been issued, except upon application to the appropriate agency and approval in accordance with the provisions of this chapter. (Ord. 91-OR-18, ~ 5-6-91) § 1~.114 MODIFICATIONS. In any case where these regulations shall cause undue hardship and where the preservation of topographic features requires or where the unique design quality of a development warrants, the Plan Commission may waive any provisions of these regulations. (Ord. 91-OR-18, passed 5-6-91) § IS&liS y~-',-~S. In filing any Planned Unit Development, the following fee schedule shall apply to cover the cost of review and processing. A fee shall be assessed for each type of action requested according to the followir~g schedule. All fees are non-refunded. Outline Plan $ 250 Development Plan 500 Refiling after lapse of Development Plan 250 Changes in Outline or Development Plan 100 (Ord. 91-OR-18, passed 5-6-91) § 156.116 Pldh'~ UNIT DEVEI~OPMEN?; SUBSTA~'I'Iv'E REOT.UREMEN'I~. The substantive requirements for a planned unit development are specified as follows. Planned Unit Developments, uses allowed: (A) Single family detached dwellings. (B) Single family semi-attached or attached (townhouses) dwellings. (C) Two-family dwellings. (D) Four-family dwellings. (E) Apartments. (F) Recreational uses subject to requirements of these regulations. (G) Commercial uses. 196 Je~e~'so~ - L~'zl Usage (II) Industrial uses. (I) Community facilities deemed necessary by the Plan Commission. (Ord. 91-OR-18, passed 5-6-91) § 1~.117 PLAN~,-:,, UNIT DEVELOPMENt; DENSITY. (A) Dwelling unit densities shall be compatible with the zoning districts and the neighborhood in which the planned unit development is located. The Plan Commission may recommend and Commi~ioners may approve planned unit development densities as follows: R1 up to 16 units/acre R2 1 unit/19,000 square feet with adequate water distribution and adequate sewage disposal system, excepting septic tanks. (B) In any non-residential district, the density permitted in the adjacent residential zone may be perm/tted. If the non-residential zone adjoins two residential zones, the standard shall be same as the more restrictive zone. (Ord. 91-OR-18, passed 5-6-91) § 156.118 PLAN'N~:~ UNIT DE'V~LOPlVll~IT; COlV~'u~CIAL USES. Commercial uses permit by the Plan Commission shall be limited to those permitted in the districts. (Ord. 91-OR-18, passed 5-6-91) § 156.119 PI.IINN~ UNIT DE'VELOPlVlENT; PLAN COMMISSION APPROVAL. The Plan Commission may approve the development plan, with or without modifications, if it is in compliance with the outline plan if procedures as specified in the zoning code have been followed and if the Commission finds that the following criteria, standards, and requirements have been satisfied: (A) Adequate spacing is provided between buildings and structures, giving consideration to their height, design, location and siting. (B) The planned unit development is appropriately related to the surrounding neighborhood, and there is a buffer area between the planned unit development and any adjacent residential use district of equal or lower density. The buffer area is free of roads, parking buildings and recreational structures and is landscaped, screened or protected by natural features so that adverse effects on surrounding properties are minimized. (C) Any common open space included within the planned unit development is suitable for amenity, landscaping and/or recreational purposes. Common open space is suffably improved for its intended use. A minimum of 25% of the planned unit development area is common open space. (D) The internal street system is safe and convenient, provides safe and adequate access to existing streets and thoroughfares, and provides for an adequate system of internal circulation. Unless otherwise Zonin~ Code 197 approved by the Plan Commission, standards for streets required by the City Engineer's regulation shall (E) Off street parking areas provide safe and convenient access to streets and thoroughfares, are convenient access to residential building groups, and allow for the adequate internal circulation of vehicles. (F) Pedestrian access is arranged so as to provide safe and convenient routes to, from and within a planned unit development. (G) Trees, ground cover, streams, woodland and all other natural features are preserved, so far as practicable. In addition, adequate landscaping areas are provided, including all off-street parking areas. The engaging in the purchase, sale, barter, or exchange of goods, wares, merchandise, or services, the maintenance or operation of offices or recreational and amusement enterprises for profit. (Ord. 91-OR-18, passed 5-6-91) § 1B6.120 PLANN~u UNIT DE'V/~OPMEI~; G'UID~,INES. The Plan Commission may issue guidelines and policies which it will follow in determining whether planned unit development submitted to it for approval meet the criteria, standards and requirements contained in this chapter. (Ord. 91-OR-18, passed 5-6-91) § 1BB. 121 PhANNED UNIT DEVELOPMENT; CONVEYANCE AND MA~'rr.~ANCE OF COMMON OPEN SPACE. All common open space included in the development plan shall be conveyed under one of the following options: (A) It may be conveyed to a public agency which agrees to accept and maintain the common open space and any buildings, structures or improvements which have been placed on it. (B) It may be conveyed to a non-profit corporation or trustees as provided in an indenture establishing an association or s/.milar organization for the maintenance of the corrumon open space. The common open space shall be conveyed to the trustees subject to covenants which shall be recorded in the Clark County Recorders office which restrict the common open space to the uses specified in the development plan and which provide for the maintenance of the common open space in a manner which assures its continuing use for its intended purposes. (Ord. 91-OR-18, passed 5-6-91) § I$6.12P. PI.u~IN~ U'NIT DEVEI, OPMENT; SUBD1V~ION AND RE,SA~E. A planned unit development may be subdivided or resubdivided for purposes of sale or lease after the certificate of completion has been recorded. Application fOr subdivision or resubdivision shall be made to the Plan Corra'dssion. The Plan Commission may approve the application if it finds that each section of the subdivided or resubdivided planned unit development satisfies the criteria, standards and requirements which are provided in this chapter and any other applicable provisions of the zoning code 198 Je~emonv~le - Land Usage or any other ordinance. All sections of a subdivided or resubdivided planned unit development shall be governed by the development plan rather than by the provisions of the zoning code that otherwise would be applicable. (Ord. 91-OR-18, passed 5-6-91) § 156.1~3 PI~.NN~-'u OOMME~ClAL AND INDUSTRIAL DEVELOPMENT; SUBSTA~'nv'B REOUHU~MENTS. (A) The substantive requirements for a planned commercial or industrial development are specified in the following: (B) It is not the intent of this zone to restrict potential development by I/m/ting uses. Any use allowed within a district may be allowed in a planned unit development. (Ord. 91-OR-18, passed 5-6-91) § 186.124 PhANNED COMlVI~RClAL D~"VI~OP~; ZONES I~ WI-IICH PI~RMIT'i'~-.'~ ]. (A) At least 65% of the land area of any commercial development, including but not ltl-0/ted to shopping centers and or'ce parks, shall be zoned in a business category. (B) At least 65% of the land area of any industrial, distribution or warehousing development shall be zoned in an industrial category. (C) Research and development parks shall be zoned either business or industry. (D) The remairdng area, up to 35%, shall be in any zoning category provided that such land is adjacent and contiguous along one or more continuous lot lines and crosses no streets, alleys or watercourses. (E) Development not clearly in one of the above categories or representing a mixture of uses shah be permitted in zoning districts as interpreted by the Plan Comngssion upon staff recommendation. (Ord. 91-OR-18, passed 5-6-91) § 188.1~.$ PLANI~.~ COMM~CIAL DLWI~OP~ PLAN COMIVES$ION APPROVAL. The Plan Co--ion may approve the development plan, with or without modifications, if it is in compliance with the outline plan, ii' procedures specified in the zoning code have been followed and if the Comm/ssion finds that the following criteria, standards and requirements shall have been satisfied: (A) Spacing: Adequate spacing shall be provided between buildings and structures, giving consideration to their height, design, location and siting. (B) Relationship to surroundings: The planned commercial development shall be appropriately related to the surrounding neighborhood and there shall be an appropriate buffer area between the planned commercial development and any adjacent residential use district. 199 (C) Lot coverage: Maximum lot covered by buildings or structures shall be 50% at the ultimate expansion potential. (D) Height: Height shall be limited to 50 feet. However, to permit the greatest flexibility of design, the Plan Commission may approve greater heights provided such height is an integral part of the building grouping and enhances the design of the entire project, (E) Parking: parking shall not be permitted in front yards of any structure constructed on an individual lot unless such parking area is landscaped with trees, shrubs and grass islands to prevent the appearance of an open parking lot. All parking and loading shall to the highest degree possible to the rear of a building. Visitor parking may be in the front or side yard and properly buffered between the development and adjacent residential uses. (F) Storage: Outdoor storage is not permitted on lots adiacent to residential lots. Commercial lots not adjacent to residential uses shall be fully screened on all sides by an opaque ornamental screen or landscaping. (O) Landscaping', A landscape plan for the entire development shall be prepared and presented to the Plan Commission for approval. The landscaping plan shall include but shall not be limited to approaches to building entrances, appropriate visual screens, all open space including, but n6t limited to side yards, rear yards, visibility protection, and any parking areas. (H) Off street parking: Off street parking areas shall provide safe and convenient access to streets and thoroughfares, shall be convenient to building groups and shall allow for the adequate internal circulation of vehicles, parking on public ways is prohibited in planned use developments. (I) pedestrian access: pedestrian access shall be erranged so as to provide safe and convenient routes to, from and within a planned development, shall be interconnected by a common pedestrian system, and shall separate pedestrian traffic from automotive tratTxc. (J) Natural features: Trees, ground cover, streams, woodland and all other natural features shall be preserved, so far as practicable. In addition, adequate landscaping areas shall be provided which are appropriate to the commercial development or industrial development. Adequate landscaping shall be provided for all off-street parking areas. (K) Access and streets: Access to the planned commercial complex shall be designed to minimize conflicts in traffic. All streets within the planned commercial or planned industrial development shall be designed to minimize conflicts in traffic. All streets within the planned commercial or planned industrial development shall be designed at least to standards of arterial streets. (L) Signs: All signs within a planned unit development, excepting governmental signs, shall be of a consistent design and color, and a signage plan must be approved by the Planning Conurdssion. Also, the following shall apply: (1) No fleshing or intermittent illumination shall be permitted. One business ground sign identifying the commercial or industrial park at each entrance shall be permitted. (2) Where a single tenant is to occupy a building lot, one business ground sign and/or building-mounted business sign identifying the structure or business shall be perm/tted on each such lot. ~00 le~[e~monvflle - 1',lind Usage (3) Where a group of tenants are to occupy a single building or are located within a building grouping, each such tenant shall be permitted an appropriate identifying sign, provided the conditions and design of such signs are stated in the protective covenants of the project. (Ord. 91-OR-18, passed 5-6-91) § 1~6.126 ~'r~:C? OF CHANGES. No changes in the outline plan or development plan which are approved under this chapter and no subdivision or resubd/vision of the planned unit development are to be construed as a waiver or the covenants restricting the use of la_nd, buildings, structures and improvements within the area of the planned unit development, and all rights to enforce these covenants against any such changes, subdivisions or resubdivisions are expressly reserved. (Ord. 91-OR-18, passed 5-6-91) § 156.138 ENFOR~ The Building Commissioner or his authorized representative is hereby designated and authorized to enforce this chapter. ('77 code, App. D, section 21) (Ord. 1527, passed 4-4-60; Am. Ord. 91-OR-18, passed 5-6-91) § 186.136 IMPROVEMENT LOCATION PERMI?. Any person, persons, fin'ns, or corporations which shall make application for an improvement location permit shall, at the time of making such application, furnish the Building Commissioner with a site plan for the real estate upon which the application for an improvement location permit is made, at least 15 days prior to the issuance of the improvement location permit, which 15-day period may be waived by the Building Commissioner. The site plan shall be drawn to scale showing the following items. (A) Legal or site description of the real estate involved. (B) Location and size of all buildings and structures. (C) Width and length of all entrances and exits to and from the real estate. (D) All adjacent and adjoining roads or highways. (,77 Code, App. D, Section 21(A)) (Ord. 1527, passed 4-4-60; Ara. Ord. 91-OR-18, passed 5-6-91) § 1~6.1~7 SI'I'B PLANS; PERMANENT I~CORD. Site plans so furnished to the Building Commissioner shall be filed by the Building Commissioner and shall become a permanent record. Site plans shall be prepared by a land surveyor licensed in the state. (77 Code, App. D, Section 21(B)) (Ord. 1527, passed 4-4-60; Am. Ord. 91-OR-18, passed 5-6-91) Zoning Code 201 186.138 I~I~LO~i'ION MAY B~- The Building Commissioner may require the relocation of any proposed building or structure or exit or entrance shown on the site plan or the location of new exits or entrances not shown on the site plan before issuing an improvement location perrnit when such action is necessary to carry out the purpose and intent of this chapter, ('77 Code, App. D, Section ~.i(C)) (Ord. 1527, passed 4-4-60: Am. Ord. 91-OR-18, passed 5-6-91) § 186.139 APPROVAL OF BOASD REOUII~D BEI~DI~ ISSUANCE OF PERMI~ FOR CONDITIONAL USE. The Building Commissioner shall issue an improvement location permit for a conditional use only following receipt of notice from the Board of Zoning Appeals that the application therefor has been approved by the Board, ('77 Code, App. D, Section 21 ID)) (Ord. 1527, passed 4-4-60: Am. Ord. 91-OR-18, passed 5-6-91) § 186.140 ~r.~T~r~CATE OF OCCUPANCY; SPECIFICATIONS. (A) No land shall be occupied or used and no building hereafter erected, reconstructed, or structurally altered shall be occupied or used, in whole or pan. for any purpose whatsoever, until a certificate of occupancy shall have been issued by the Building Conurdssioner stating that the building and use comply with all of the provisions of this chapter applicable to the building or prerruses or the use in the district in which it is to be located. (B) No change in use shall be made in any building or part thereof, now or hereafter erected, reconstructed, or structurally altered, without a certificate of occupancy having been issued by the Building Commissioner, and no such permit shall be issued to make such change unless ff is in conformity with the provisions of this chapter. (C) A certificate of occupancy shall be applied for coincidentally with the application of an improvement location permit and shall be issued within ten days after the lawful erection, reconstruction, or structural alteration of such building shall have been completed. (D) A record of all certificates of occupancy shall be kept on file in the office of the Building Commk~ioner and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the building or land affected, (E) No improvement location perrrdt shall be issued for excavation for, or the erection, reconstruction, or structural alteration of, any building prior to application for a certificate of occupancy. ('77 Code, App. D, SectiOn 21(1~) - (i)) (Ord. 1527, passed 4'4-60; Am. Ord. 91-OR-18, passed 5-6-91) § 186.141 ~u:~'~SING ~ ACCEPT P~.~r~'r~ON TO ~ONE OR FOR SPECIAL I~CEP~ION wrr~-flN SIX MONTHS OF DENIAL BY BOAItD. The Building Commissioner shall refuse to accept a petition to rezone or application for special exception or variance within six months Of the date the Plan Commission denied a petition to rezone or the Appeals Board denied an application for variance or special exception when said petition or 202 Jetfersonville - Land Usage application involves the same subject matter. However, the Building Comraissioner shall have the authority and discretion to determine that the application of petition containing major changes which would justify him in permitting the filing of same within the six-month period. ('77 Code, App. D, Section 21(J)) (Ord. 1527, passed 4-4-60; Am. Ord. 1636, passed 4-5-68; Am. Ord. 91- OR-18, passed 5-6-91) § 156.142 TEMPO~ P~ FOR USE OF M~BrL~. HOME AS OFFICE. In accordance with state statute, after approval of the State Comm/ssious Office and the Board of Zoning Appeals, the Building Commissioner is authorized to ~sue a temporary permit for a period of one year for the use of a mobile home as an office. Must apply for certificate of occupancy. ('77 Code, App. D, Section 21 (K)) (Ord. 1527, passed 4-4-60; Am. Ord. 76-OR-20, passed 9- 7-76; Am. Ord. 91-OR-18, passed 5-6-91) BO~D OP ZONING § 156.150 E~TASLI~H241ENT. A Board of Zoning Appeals is hereby established, which shall consist of five members representing the city and land within its territorial jurisdiction, as follows: (A) Three citizen members appointed by the executive of the municipality or county, of whom one must be a member of the Plan Conurdssion and two must not be members of the Plan Commission. (B) One citizen member appointed by the fiscal body of the municipality or county, who must not be a member of the Plan Commission. (C) One citizen member appointed by the Advisory Plan Commission, who must be a member of the Plan Commission other than the member appointed under § 156.150(A) above. (D) Other than the two Plan Commission members, no member of the Board may hold other effective or appointive office in municipal, county, or state government. (Ord. 91-OR-18, passed 5-6-91) § 156.151 ORGANIZATION. (A) Terms of members. (1) The Mayor shall appoint a citizen member of the Plan Com_m.ission to the lesser of a term of four years or the duration of that person's term as a Plan Commission member. (2) The Common Council shall appoint a citizen of the city to a term of four years. (B) Expiration date of terms. The term of each member expires on the first Monday of January of the fourth year after the year of the member's appointment. (C) Alternate members. ~oni~ Code 203 (1) The Mayor, Common Council, and P1an Commission each shall appoint an alternate member to the Board of Zoning Appeals, for a total of three alternate members. (2) Alternate members shall have all of the rights and privileges of members of the Board of Zoning Appeals and may participate in the discussion and evaluation of petitions before the Board. (3) An alternate member shall serve as a voting member of the Board of Zoning Appeals and may be entitled to vote when a regular member, appointed by the same appointing authority (Mayor, Common Council) dfsqu~l~es himself from participating in consideration of a matter before the Board. (4) The alternate member appointed by the Plan Commission shall be a citizen member of the Plan Commission who resides in the land area within the commission's territorial jurisdiction. (D) Conflict of interest. A member of the Board of Zoning Appeals shall not participate in a hearing or decision of the Board concerning a zoning matter in which he has a direct or indirect financial interest. In such an instance the Board shall enter in its records: (1) The fact that a regular member has such a disqualification; and (2) The name of the alternate member, if any, who participates in the hearing or decision in place of the regular member. (E) Removal of a member. The appointing authority (Mayor, Common Council, or Plan Commission) may remove a member from the Board of Zoning Appeals for cause. The appointtng authority shall marl notice of the removal, along with written reasons for the removal, to the member at his residence address. A member who is removed may, within 30 days after receiving notice of the removal, appeal the removal to the circuit or superior court of the county. (Ord. 91-OR-18, passed 5-6-91 § 156.182 PROMULGATION OF RUFFS; TIME FOR DECISIONS; RECONSIDERATION P~'JECTION OF APPLICATION; IVl]~J'I'ES; RECORDS. (A) The Board of Zoning Appeals shall adopt rules of procedure concerning the filing of appeals, applications for variances, and special exceptions, giving of notice, conduct of hearings and other such matters as may be necessary to carry out their duties under the sections of this chapter. At the first meeting of each year, the Board shall elect a chairman and a vice-chairman from among its members. (B) In the event of a petition for a special exception cr variance, direct notice shall be given to all owners of property, in which an interest is not held by the petitioner, within 300 feet of the property in question, and to the owners of the two closest properties in which an interest is not held by the petitioner, in all directions if more than 300 feet away, by mailing such notice at least ten days before the date of the hearing. A list of the names and addresses of these persons shall be determined from the records of the tax assessor. (C) The Building Comrrdssioner or professional staff, if positions are created and filled, of the Plan Commission and Board of Zoning Appeals may appear before the Board at the hearing and present evidence relevant to the effect on the Master Plan or zoning code of the granting of a variance or the determination of any other matter. 204 Je~onv~le - ~ Usage (D) The Board of Zoning Appeals shall make a decision on any matter that it is required to be heard either at the meeting at which the matter is first presented, or at the conclusion of the hearing on that matter, if it is continued. Within five days of making a decision, the Board shall file a written copy of its decision in the offices of the Board. An application which is denied by the Board shall not be reconsidered until the expiration of six months after the date of original denial by the Board. (E) An amrmative vote by a majority of the Board of Zoning Appeals shall be required to approve or deny a petition before the Board. (F) Any petition approved by the Board of Zoning Appeals, unless otherwise stipnlated, shall expire and become void six months after the date of its granting unless the petitioner or his agent has substantially put into effect the use on the property for which the petition was approved. Within 30 days of approval of a petition the petitioner shall apply for an improvement location permit. (O) The Board shall keep minutes of its proceedings, keep records of its examinations and other official actions, prepare findings and record the specifics of each vote on all actions taken. All minutes and records shall be filed in the offices of the Board and shall be a public record. (Ord. 91-OR-18, passed 5-6-91) § 186.185 VARIANCES AND SPECIAL E~CEPTIONS; REOLrIREMENT-~, PROCEDURE. (A) (1) The Board of Zoning Appeals shall hear and decide only such special exceptions as the Board is specifically authorized to act on by the terms of this chapter; to decide such questions as are involved in determining whether special exceptions should be granted; and to grant special exceptions with such commitments as are appropriate under this chapter, or to deny special exceptions when incompatible with the purpose and intent of this chapter. For an application for an exception, special exception, special use, contingent use, or variance from the terms of the zoning code, the Board of Zoning Appeals shall approve or deny all special exceptions; special uses; contingent uses; and conditional uses from the terms of the zoning code, but only in the classes of cases or in the particular situations specified in the zoning code. The Board may impose reasonable conditions as a part of its approval. (IC 36-7-4-918.2, as added by P.L. 357-1983, section 11.) (2) The Board of Zoning Appeals shall approve and deny variances of use from the terms of the zoning code. The Board may impose reasonable conditions as a pan of its approval. A variance may be approved under this section only upon a determination in writing that: (a) The approval will not be injurious to the public health, safety, morals, and general welfare of the community; (b) The use and va~ue of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; (c) The need for the variance arises from some condition peculiar to the property involved; (d) The strict application of the terms of the zoning code will constitute an unnecessary hardship if applied to the property for which the variance is sought; and (e) The approval does not interfere substantially with the comprehensive plan adopted under the 500 series of IC 36-7-4-918.4, as added by P.L 357-1983. Zonfi~ Cocle 205 (3) The Board of Zoning AppeaLs shall approve or deny variances from the development standards (such as height, bulk, or area) of the zoning code. A variance may he approved under this section only upon a determination in writing that; (a) The approval will not be injurious to the public health, safety, morals, and general welfare of the community;, (b) The use and value of the area adjacent to the proper~y included in the variance will not be affected in a substantially adverse manner; and (c) The strict application of the terms of the zoning code will result in practical difficulties in the use of the property. However, the zoning code may establish a stricter standard than the "practical difficulties" standard prescribed by IC 36-7-918.5, as added by P.L. 387-1983, section 14. (4) The Board shall make a written finding of fact that the granting of the variance or special exception will be in harmony with the general sph-it, purpose, and intent of this chapter, and in the interest of detenuining substantial justice done. (B) Appeals to Board; grounds; transmission of record; disposition. (1) An appeal filed with the Board of Zoning Appeals must specify the grounds of the appeal and must be filed within such time and in such form as may be prescr/bed by the Board of Zoning Appeals by rule. (2) The administrative official, hearing officer, administrative board, or other body from whom the appeal is taken shall, on the request of the Board of Zoning Appeals, transmit to it all documents, plans, and papers constituting the record of the action from which an appeal was taken. (3) Certified copies of the documents, plans, and papers constituting the record may be transmitted for purposes of subdivision (2). (4) Upon appeal, the Board may reverse, ~rm, or modify the order, requirement, decision, or determination appealed from. For this purpose, the Board has all the powers of the official, officer, board, or body from which the appeal is taken. (5) The Board shah make a decision on any matter that it is required to hear either: (a) At the meeting at which that matter is first presented; or (h) At the conclusion of the hearing on that matter, if it is continued. (6) Within five days after making any decision the Board of Zoning Appeals shall file in the office of the Board a copy of its decision. (C) Hearing of appeals, exceptions, uses, variances; notice; costs; appearances. (1) The Board of Zoning Appeals shah fix a reasonable time for the hearing of administrative appeals, exceptions, uses, and variances. 206 Jeffemonville - 'rand Gsage (2) Public notice in accordance with IC 5-3-1-2 and IC 5-3-1-4 and due notice to interested parties shall be given at least ten days before the date set for the hearing. (3) The party taking the appeal, or applying for the exception, use, or variance, may be required to assume the cost of public notice and due notice to interested parties. At the hearing, each party may appear in person, by agent, or by attorney. (4) The Board shall, by rule, determine who are interested parties, how notice is to be given to them, and who is required to give that notice. (5) The staff (as defined in the zoning code), if any, may appear before the Board at the hearing and present evidence in support of or in opposition to the granting of a variance or the determination of any other matter. (6) Other persons may appear and present relevant evidence. (7) A person may not communicate with any member of the Board before the hearing with intent to influence the member's action on a matter pending before the Board. Not less than three days before the hearing, however, the staff (as defined in the zoning code), if any, may file with the Board a written statement setting forth any facts or opinions relating to the matter. (8) The Board may require any party adverse to any pending petition to enter a written appearance specifying the party's name and address. If the written appearance in entered more than four days before the hearing, the Board may also require the petitioner to furnish each adverse party with a copy of the petition and a plot plan of the property involved. (Ord. 91-OR-18, passed 5-6-91) § 186.11~4 CONDITIONS AND COMMITlVlt~S ~r.~'t.r~u TO A DECISION BY THE BOARD. (A) Conditions imposed by beard; affidavit of compliance. Whenever the decision of the Board is conditioned upon petitioner's compliance with a requirement imposed by the Board concerning construction or site development (that is, installation of landscaping, fencing, paving, curb stops or any comparable requirement) and such condition is recited in the notice to petitioner of the Board's decision, petitioner shall be required to notify the Board of the timely fulfillment of such requirement by filing an affidavit of compliance with the Board. If the time for fulfillment of the condition, is stated in the Board's decision, such affidavit shall be filed within 30 days after the time allowed for fulfillment. If the time for fulfillment is not stated in the Board's decision, the affidavit shall be filed within 30 days after the commencement of the use or completion of construction authorized by the Board's decision, whichever is earlier. Failure to comply with any conditions imposed by the Board of Zoning Appeals shall constitute a violation enforceable by governmental authority. (B) Commitments; recording. (1) The Board shall require or permit the petitioner to make written commitments concerning the use or development of the subject property. (2) The commitments shall be reduced to writing in recordable form and signed by the owner(s) of the real estate. The comrrdtments shall authorize their recording by the Recorder of Clark County, Lndiana, upon the grant of the variance or special exception petition by the Board of Zoning Zonin~ Code 207 Appeals. The Building Commissioner shall return the original recorded commitments to the petitioner and shall retain a copy of the recorded commitments in its file. (3) The Board may reqmre in such commitment the designation of any specially affected persons or categories of specially affected persons, who in addition to persons entitled to received notice of the hearing under § 156.152 (B), shall be entitled to enforcement thereof pursuant to this chapter. (4) The commitments may be modified or terminated by a decision of the Board of Zoning Appeals made at public hearing after proper notice has been given. Any modification or termination of the commitments approved by the Board shall not be in full force and effect until reduced to writing by the present owner(s) of the real estate, endorsed by the Board, and recorded in the Office of the Recorder of Clark County, Indiana. (Ord. 91-OR-18, passed 5-6-91) Upon receipt of an application for a special exception as defined by § 156.003, it shall be investigated by the Building Commissioner as to conformance with this section and referred to the Board of Zoning Appeals within 60 days. (A) A special exception shall not be granted by the Board of Zoning Appeals until and unless: (1) An application for special exception is submitted indicating the section of this chapter under which the special exception is sought and stating the grounds on which it is requested. (2) Notice is given to parties in interest and a public hearing is held in accordance with this chapter. (3) The Board shall make findings that it is empowered under the section of this chapter described in the application to grant the special exception, and that the granting of the special exception will substantially serve the public convenience and welfare, and will not substantially or permanently injure the appropriate use of the neighboring property, and fulfill the purpose of this chapter. (B) Before any special exception shall be issued, the Board shall make written findings certifying compliance with the specific regulations governing individual special exceptions and that satisfactory provision and arrangement has been made concerning the following, where applicable: (1) Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. (2) Off street perking and loading areas, with particular attention to the items in subdivisi°n (1) above and the economic, noise, glare, or odor effects of the special exception on adjoining properties and properties generally in the district. (3) Refuse and service area, with particular reference to the items in subdivisions (1) and (2) above. (4) Utilities, with reference to locations, availability, and compatibility. 208 Jeffe~onvflle - Land Usage (5) Screening and buffering with reference to type, dimensions, and character. (6) Signs and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district. (7) Required setback distances, yards and other open space. (8) General compatibility with adjoining properties, with reference to site development standards designed for their mutual protection and the environmental harmony of the district. (C) Upon receipt of an application for an improvement location permit for a special exception by the Building Corumi~ioner, it shall be referred to the Plan Commission for investigation as to the manner in which the proposed location and character of the special exception will affect the master plan. The Commission shall report the results of its study to the Board within 45 days following receipt of the application. I.f no such report has been filed with the Board within this time period, the Board may proceed to process the application. The Board shall then proceed with a hearing on the application in the following manner. (1) Following the hearing, and upen an affirmative finding by the Board, the Board shali require that the owner of the land and/or building make a written commitment concerning the use or development of that land and/or building. The Board shall designate which specially affected persons or classes of specially affected persons are entitled to enforce the commitments. (2) The commitment shall be recorded in the Clark County Recorder's Office and take effect upon the granting of the exception, use, or variance pursuant to § I56.154(B). A commitment is binding on the owner of the land, each subsequent owner, and each other person acquiring an interest in the parcel. A comrrdtment is binding on the owner of a parcel of land even ff it is unrecorded; however, an unrecorded commitment is binding on subsequent owners or other persons acquiring an interest in the parcel of land only if that subsequent owner or other person acquiring an interest in the parcel of land has actual notice of the commitment. A commitment may be modified or terminated only by a decision of the Board made at a public hearing after notice as provided by rule. The proposed special exception is to be located in a district wherein such use may be permitted, and the requirements set forth in the required commitments for such special exception will be met, and the special exception is consistent with the spirit, purpose, and intent of this chapter, will not substantially and permanently injure the appropriate use of neighboring property, and will serve the public convenience and welfare, further the use deemed appropriate in the district, but only under certain conditions. (3) Conditions (as opposed to commitments) imposed on the granting of a Special Exception, use, or variance are not subject to the ru~es applicable to commitments; therefore the Board shall have the responsibility to determine if the conditions are met. (D) An existing use which is a special exception, and which is located in a district in which such special exception may be permitted, is a conforming use. Any expansion of such special exception involving the enlargement of the buildings, structures, and land area devoted to such use shall be subject to the procedure described in this section. (E) Following the passage by the Board of a special exception, the applicant shall within six months apply for a building permit to construct such special exception as approved by the Board. In the event Zonin~ Code 209 the applicant fails to make application for a building permit within six months of the approval, the special exception granted shall be void. ('77 Code, App. D, Section 19) (Ord~ 1527, passed 4-4-60; Am. Ord. 1163, passed 4-6-64; Ara. Ord. 91-OR- 18, passed 5-6-91) § 156.156 PUBLIC ~,~t*~GS; RECORDS TO RE K~-:~T AND ~. All meetings of the Board of Zoning Appeals shall be open to the public. The Board shall keep minutes of its proceedings, keep records of its examinations and other official action, prepare findings, and record the vote of each member voting on the Board, and these shall be of public record. (Ord. 84-OR-I 3, passed 2-13-84; Am. Ord. 91-OR-18, passed 5-6-91) § 155.157 DECISIONS OF BOARD; RIGHT TO APPEAL; RL"w ~:w BY CERTIORARI. (A) Any decision of the Building Commissioner in the enforcement of the buildMg code may be appealed to the Board of Zoning Appeals by any person claiming to be adversely affected by such decision. (B) The Board shall have the following powers and it shall be its duty to do the following. (1) Hear and determine appeals from and review any order, requirement, decision, or determination made by the Building Conurdssioner in the enforcement of the building cede. (2) Hear and decide on permits for conditional uses, devetepment plans, or other uses upon which the Board is required to act under the building cede. (3) Authorize upon appeal in specific cases suchvariance from the terms of the building code as will net be contrary to the public interest, where, owing to special conditions fully demonstrated on the basis of the facts presented, a literal enforcement of the previsions of the building code will result in unnecessary hardship and so that the spirit of the building code shall be observed and substantial justice done. (C) In exercising its powers, the Board may reverse er affn'm, wholly or partly, or may modify the order, requirement, decision, or detenmination appealed from as in its opinion ought to be done in the prera/ses, and to that end shall have all the powers of the Building CommL~ioner from whom the appeal is taken. (D) Every decision of the Board shall be subject to review by certiorari. (Ord. 84-OR-13, passed 2-13-84; Am. Ord. 91-OR-18, passed 5-6-91) § 156.158 VARIANCES. (A) No variance in the application of the provisions of the building code shall be made bY the Beard of Zoning Appeals relating to buildings, land, or premises now existing or to be constr~cted, unless, after a public hearing, the Board shall fred the following: 210 Je~erso~ - Land Usage (1) There are exceptional or eXtraordinary circumstances or conditions applicable to the property or the intended use that do not apply generally to the other property or class or use in the same vicinity and district. (2) The variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and d~strict but which is denied to the property in question. (3) The granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and district in which the property is located. (4) The granting of the variance will not alter the land use characteristics of the vicinity and district, diminish the marketable value of adjacent land and improvements, or increase congestion in the public streets. (B) Following the passage by the Board of a variance, the applicant shall within sLX months apply for a building permit to construct the variance as approved by the Board. In the event applicant fails to make application for a building pern'dt within slx months of the approval, the variance granted shall be void. (Ord. 9i-OR-18, passed 5-6-9t) § 186.189 ADDITIONAL POw~.;KS. The Board of Zoning Appeals shall have any other Powers granted by state statute or the Common Council. (Ord. 84-OR-13, passed 2-13-84; Am. Ord. 91-OR-I8, passed 5-6-91) § 186.160 COI~Tk~T$ OF NOTICRS. (A) All notices published by the Board of Zoning Appeais shall, in addition to the legal description of the real estate concerned, describe the location thereof by giving the street address. If for any reason such property does not have a street address, then the nearest 'streets on at least two sides must be named. (B) The provisions of division (A) above shali also apply to any notices pubhshed by and petitioners applying to the Board of Zoning Appeals for any variance or rezoning. ('77 Code, Section 14-1) (Ord. 73-OR-1, passed 2-5-73; Am. Ord. 91-OR-18, passed 5-6-91) § 156.161 (A) The Plan Commmsion, the Beard of Zoning Appeals, the Building Commissioner, or any designated enforcement official, or any person or persons, fu'm, or corporation jointly or severally aggrieved, may institute a suit for injunction in the circuit court of the county to restrain an indi',4dual or a governmental un/t from violating the provisions of this chapter. (B) The Co--ion or the Board n~y also institute a suit for mandatory injunction directing an individual, a corporation, or a governmental unit to remove a structure erected in violation of the provisions of this chapter. (C) Any building erected, raised, or converted, or lend or premises used in violation of any provisions of this chapter or the rec/uirements thereof, is hereby declared to be a common nuisance and as such may be abated in such manner as nuisance are now or hereafter may be abated under existing law. ('77 Code, App. D, Section 25) (Ord. 1527, passed 4-4-60; Am. Ord. 91-OR-18, passed 5-6-91) 212 Je~er~n't~.flle - L~nd Us~e