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