HomeMy WebLinkAbout2000-OR-612000 OR 61
CITY OF
IEFFERSONVILLE
Zoning Ordinance
A~C~ITECTS
Ratio Architects, Inc.
10Z S. Pennsylvania St.
Indianapolis, IN 46204
(317) 633-4040
Table of Contents
Article One:
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
1.9
1.10
131
1.12
1.13
Article Two:
2.1
2.2
2.3
2.4
2.5
Article Three:
3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
3.9
3.10
3.11
3.12
Article Four:
4.1
4.2
4.3
4.4
4.5
4.6
4.7
4.8
4.9
4.10
4.11
4.12
4.13
4.14
4.15
4.16
4.17
4.18
Basic Provisions Page #
Title .......................................................................................................................................... 1-2
Defined Words ......................................................................................................................... 1-2
Authority ...................................................................................................... , ........................... 1-2
Purpose .................................................................................................................................... 1-2
Compliance ............................................................................................................................... 1-2
Severability ............................................................................................................................... 1-2
Interpretation ............................................................................................................................ 1-2
Ordinance Jurisdiction .............................................................................................................. 1-3
Application ............................................................................................................................... 1-3
Saving Provision ...................................................................................................................... 1-3
Repealer .................................................................................................................................... 1-3
Transition Rules ....................................................................................................................... 1-3
Effective Date ........................................................... i..ii ............................ ~i ............................. 14
General Zoning Districts
Establishment of Districts ......................................................................................................... 2-2
Establishment of Overlay Districts ........................................................................................... 2-3
Planned Development Districts ................................................................................................ 2-3
District Land Uses .................................................................................................................... 2-3
Unlisted or Questionable Land Uses ........................................................................................ 2-3
Residential Zoning Districts
Ri District Intent, Permitted Uses, and Special Exception Uses ............................................... 3-2
R1 District Development Standards .......................................................................................... 3-3
R2 District Intent, Pemfitted Uses, and Special Exception Uses ............................................... 34
R2 District Development Standards .......................................................................................... 3-5
R3 District Intent, Permitted Uses, and Special Exception Uses ............................................... 3-6
R3 District Development Standards .......................................................................................... 3-7
M1 District Intent, Permitted Uses, and Special Exception Uses .............................................. 3-8
M1 District Development Standards ........................................................................................ 3-9
M2 District Intent, Permitted Uses, and Special Exception Uses ............................................ 3-10
M2 District Development Standards ...................................................................................... 3-11
MP District Intent, Permitted Uses, and Special Exception Uses ...........................................3-12
MP District Development Standards ...................................................................................... 3-13
Institutional and Commercial Zoning Districts
IS District Intent, Permitted Uses, and Special Exception Uses ................................................ 4-2
IS District Development Standards ................................................................ , ......................... 4-3
PR District Intent, Permitted Uses, and Special Exception Uses ............................................... 44
PR District Development Standards .......................................................................... : .............. 4-5
NC District Intent, Permitted Uses, and Special Exception Uses .............................................. 4-6
NC District Development Standards ......................................................................................... 4-7
OC District Intent, Permitted Uses, and Special Exception Uses .............................................. 4-8
OC District Development Standards ...................................................................................... ~.. 4-9
DC District Intent, Permitted Uses, and Special Exception Uses ............................................ 4-10
DC District Development Standards ....................................................................................... 4-11
HC District Intent, Permitted Uses, and Special Exception Uses ............................................ 4-12
HC District Development Standards ....................................................................................... 4-13
C1 District Intent, Permitted Uses, and Special Exception Uses ............................................. 4-14
C1 District Development Standards ........................................................................................ 4-15
C2 District Intent, Permitted Uses, and Special Exception Uses ............................................. 4-16
C2 District Development Standards ........................................................................................ 4-17
NI District Intent, Permitted Uses, and Special Exception Uses ............................................. 4-18
NI District Development Standards ........................................................................................ 4-19
Table of Contents iii
4.19
4.20
4.21
4.22
Article Five:
5.1
5.2
5.3
I 1 District Intent, Permitted Uses, and Special Exception Uses .............................................. 4-20
I1 District Development Standards ......................................................................................... 4-21
12 District Intent, Permitted Uses, and Special Exception Uses .............................................. 4-22
I2 District Development Standards ......................................................................................... 4-23
Overlay Districts
CC-OL District Intent, Permitted Uses, and Miscellaneous Standards ..................................... 5-2
UP-OL Distil, ct Intent, Permitted Uses, and Miscellaneous Standards ..................................... 5-3
WH-OL District Intent, Permitted Uses, and Miscellaneous Standards ................................... 54
Article Six:
6.1
6.2
6.3
6.4
6.5
6.6
6.7
Zoning Map
Official Zoning Map ................................................................................................................. 6-2
Official Zoning Map Copies ..................................................................................................... 6-2
Location of the Official Zoning Map ........................................................................................ 6-2
Zoning District Boundaries ...................................................................................................... 6-2
Regular Revisions ..................................................................................................................... 6-2
Damaged, Destroyed, or Lost Official Zoning Map .................................................................. 6-2
Official Zoning Map Standards ................................................................................................ 6-2
Article Seven:
7.1
7.2
7.3
7.4
7.5
7.6
7.7
7.8
7.9
7.10
7.11
7.12
7.13
7.14
7.15
7.16
7.17
7.18
7.19
7.20
7.21
7.22
7.23
7.24
7.25
7.26
7.27
Development Standards
Introduction .............................................................. ;: .............................................................. 7-2
Development Standards that Apply ......................................................................................... 7-2
Lot and Yard Standards (LY) ..................................................................................................... 7-3
Height Standards (HT) ............................................................................................................. 74
Accessory Structure Standards (AS) ....................................................................................... 7-5
Fence and Wall (FW) ................................................................................................................ 7-8
Temporary Use/Structure Standards (TLr) ................................................................................ 7-9
Home Occupation Standards (HO) ......................................................................................... %10
Public hnprovement Standards 0PI) ........................................................................................ 7-13
Landscaping Standards (LS) .................................................................................................. 7-14
Buffer Yard Standards (BY) .................................................................................................... 7-19
Expressway Buffer Standards (BY) ......................................................................................... 7-24
Environmental Standards (EN) ............................................................................................... 7-25
Floodplain Standards (FP) ...................................................................................................... 7-27
Performance Standards (PF) ................................................................................................... 7-30
Lighting Standards (LT) .......................................................................................................... 7-31
General Sign Standards (GS) ................................................................................................... 7-32
Temporary Sign Standards (TS) ............................................................................................. 7-34
Permanent Sign Standards (PS) ................ 7-35
Parking Standards (PK) .......................................................................................................... 7-39
Loading Standards (LD) ......................................................................................................... 744
Entrance/Driveway Standards (ED) ........................................................................................ 7-45
Vision Clearance Standards (VC) ............................................................................................ 747
Telecommunication Facilities Standards (TC) ......................................................................... 748
Adult Uses Standards (AU) ................................................................................................... 7-53
Special Exception Standards (SE) ........................................................................................... 7-54
Miscellaneous Standards (MS) .............................................................................................. 7-55
Article
Eight: Planned Developments
8.1 District Intent, Pern:dtted Uses, and Miscellaneous Standards ................................................ 8-2
8.2 General ...................................................................................................................................... 8-3
8.3 Rezoning to a Planned Development District ........................................................................... 8-3
8.4 Plmmed Development Uses ...................................................................................................... 8-3
8.5 Origination of Proposals ........................................................................................................... 8-3
Je ffersonville Zoning Ordinance
8.6
8.7
8.8
8.9
8.10
8.11
8.12
8.13
8.14
8.15
8.16
8.17
8.18
8.19
Article Nine:
9.1
9.2
9.3
9.4
9.5
9.6
9.7
9.8
9.9
9.10
9.11
9.12
9.13
9.14
9.15
9.16
Article Ten:
10.1
· 10.2
10.3
10.4
10.5
10.6
10.7
10.8
General Procedure ..................................................................................................................... 84
Conceptual Site Plan Review .................................................................................................... 84
Conceptual Site Plan Data ........................................................................................................
Filing Proceditre ........................................................................................................................ ~
Detailed Development Plan Data ............................................................................ , ................. '
Public Hearing ............................................................................. : ............................................ ~
Detailed Development Plan Approval .......................................................................... : ............
Minor Modifications ......................................... . ....................................... : ................. , ............. ~
Covenants and Maintenance ...................................................................................................
Recording ................................................................................................................................. 8_~;
Construction ............................................................................................................................. ~
Extension, Abandonment, Expiration ............................................................. , .......................... 8-7
Rtfles of Procedure ................................................................................................................... 8-7
Limitation of Rezoaing .............................................................................................................. 8-8
Development Plans
Intent ........................................................................................................................................ 99'~
Development Plan Required ..................................................................................................... '
Development Plan Generally ..................................................................................................... 9-2
Cluster Incentive for Medium Density Residential ................................................................... 9-2
94
MI, M2 and MP Districts .........................................................................................................
Commercial Corridor Overlay District ....................................................................................... 9-5
Utica pike Overlay District .........~ ................................................................. ............................. 94
Developnrent Plan Approval Process ....................................................................................... 9-9
Development Plan Approval Process for Petitions Delegated to the Planning Director ......... 9-10
Amendments and Minor Modifications ................................................................................. 9-10
Site Plan Data .........................................................................................................................
Building Elevation Data ........................... , .............................................................................. a9'
Sign Plan Data ......................................................................................................................... -12
· 9 13
L~ghtmg Plan Data ............................................... · .................................................................. -
Landscape Plan Data .............................................................................................................. 9-13
Tree Preservation Plan Data ................................................................................................... 9-14
Nonconforming Structures, Lots and Uses
Intent ................................................................................................. . ..................................... 10-2
Distinction Between Illegal-Nonconforming and Legal-Nonconformmg ............................... 10-2
Nonconforming Buildings and Structures .............................................................................. 10-2
Nonconforming Lots of Record .............................................................................................. 10-3
Nonconforming Uses of Structures, Land, or Structures and Land in Combination .............. 10-3
· 104
Nonconforrmng Signs ............................................................................................................. ~04
Registration nfNonconforming Signs .................................................................................... ~
Repairs and Maintenance ....................................................................................................... 10-5
Article Eleven:
1M
11.2
11.3
11.4
11.5
Article Twelve:
12.1
12.2
12.3
12.4
Administration 11-2
Adm/nistrative Officer ............................................................................................................
Effect on Amtexation or Vacation on Zoning ......................................................................... 1 1-2
Summary of Powers and Duties of the City Cmmcil ............................................................... 11-2
Summary of Powers and Duties of ttie Plan Co]nmission ....................................................... 1 1-3
Staamary of Powers and Duties of the Board of Zoning Appeals .......................................... 114
Processes, Permits and Fees
12-2
Types of Petitions ...................................................................................................................
12-2
Notification for Public Healing
Processes per Type of Petition 12-10
Schedule of Fees ..................................................................................................................
Table of Contents
Article Thirteen: Enforcement and Penalties
13.1 Authority ................................................................................................................................ 13-2
13.2 Violations ................................................................................................................................ 13-2
13.3 Inspection of Property ............................................................................................................ 13-2
13,4 Responsibility of Violations .................................................................................................... 13-2
13.5 Liability .................................................................... ............................................................... 13-2
13.6 Violations During the Construction/Building Process ................... 13-2
13.7 Types of Violations ................................................................................................................. 13-3
13.8 Procedure for Violations ......................................................................................................... 134
13.9 Fines and Penalties ................................................................................................................. 134
13.10 Appeals or Trials .................................................................................................................... 13-5
13.11 Enforcement, Remedies, and Injunctive Relief ................................................... : .................... 13-5
Article Fourteen: Definitions
14.1 General
14.2 Defined Words .................i.iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii.ii14-214-2
Appendix
Use Matrix
vi
]effersonville Zoning Ordinance
Article One
Basic Provisions
Article One
Basio Provisions
1.1
1.2
1.3
1.4
1.5
1.6
1.7
Title
This Ordinance shall be formally known as the "Jeffersonville Zoning Ordinance," and it may be cited and
referred to as the "Zoning Ordinance," or as the "Zoning Code."
Defined Words
Words used in a special sense in this Ordinance are defined in Article Fourteen.
Authority
This Zoning Ordinance is adopted by the City pursuant to its authority under the laws of the State of
Indiana, 36-7-4 et seq. Whenever codes cited in this ordinance refer to Indiana Code which has been
amended or superseded, this Ordinance shall be deemed amended in reference to the new or revised code.
Purpose
This Ordinance is intended to guide the growth and development of the City in accordance with the goals,
objectives, and strategies stated within the Seffersonville Comprehensive Plan and for the following
purposes:
A. To secure adequate light, air, and convenience of access; and safety from fire, flood, and other
dangers.
B. To promote the public health, safety, comfort, convenience, morals and general welfare.
C. To plan for the future development of the City to the end:
a. That the community grows only with adequate public ways, utility, health, educational and
recreational facilities;
b. That the needs of agriculture, industry and business are recognized in future growth;
c. That residential areas provide healthful surroundings for family life;
d. That the growth of the community is commensurate with and promotes the efficient and economi-
cal use of public funds; and
e. That the community strive for high aesthetic value and quality planning and design.
Compliance
No structure shall be located, erected, constructed, reconstructed, moved, altered, converted, enlarged or
used, nor shall any piece of land be used, nor shall any existing use be expanded except when in full
compliance with all provisions of this Ordinance and the permits and certificates required by this Ordi-
nance have lawfully been issued.
Severability
If any provision or the application of any provision of this Ordinance is held unconstitutional or invalid by
the courts, the remainder of the Ordinance or the application of such provision to other circumstances
shall not be affected.
Interpretation
The provisions of this Ordinance are the minimum requirements necessary for the protection of the health,
safety, comfort, morals, convenience and general welfare of the people at large. The provisions are also
designed to establish and maintain reasonable community standards for the physical environment. If two
or more provisions within this ordinance are in conflict or are inconsistent with one another, then the
provision which is most restrictive shall control.
1-2 Jeffersonville Zoning Ordinance
1.8
1.9
1.10
1.11
1.12
Ordinance Jurisdiction
This Ordinance applies to all land within the City of Jeffersonville, Indiana, and all land within two (2)
miles of the corporate limits of the City that have been adopted as fringe areas on the official Zoning Map.
Application
When this Ordinance along with private covenants, private contracts, commitments, permits, agreements,
state laws, federal laws or other regulations regulates a structure or parcel of land, the greater restriction
shall control.
Saving Provision
This Ordinance shall not be construed as eliminating or reducing any action now pending under, or by
virtue of, an existing law or previous zoning ordinance. Also, this Ordinance shall not be construed as
discontinuing, reducing, modifying, or altering any penalty accruing or about to accrue.
Repealer
The City of Jeffersonville Zoning Code of June 1, 1991, Ordinance No. 9 i-OR-18 and its associated
Zoning Map are hereby repealed. This Jeffersonville Zoning Ordinance and the referenced and updated
Official Zoning Map replace the repealed ordinances.
Transition Rules
A. Any application for an Improvement Location Permit that has been filed with the Plan Commission or
its designees and is full and complete, prior to the effective date of this Ordinance, shall be regulated
by the terms and conditions of the Zoning Ordinance that was in place at the time of filing. However,
all administrative procedures and penalties shall follow those set forth by this Zoning Ordinance.
B. Any application for a Zone Map Amendment that was filed with the Plan Commission or its designees,
and is full and complete prior to the effective date of this Ordinance, shall continue through the
process to completion pursuant to the terms and conditions of the Zoning Ordinance that was in place
at the time of filing. However, if the proposed use would no longer be permitted in the proposed
zoning district or the proposed zoning district no longer exists in the new ordinance, the Planning
Director shall amend the application such that the request for rezoning would accomplish the same
end goal for the applicant.
C. Any application before the Board of Zoning Appeals (i.e. special exception, use variance, development
standards variance) that has been filed with the BZA or its designees and is full and complete, prior to
the effective date of this Ordinance, shall continue the process pursuant to the terms and conditions of
the Subdivision Control and Zoning Ordinances that were in place at the time of filing, provided that:
a. If such application is no longer required by the terms of this Ordinance, the application will be
dismissed; or,
b. if the proposed use or development requires additional approvals from the Board °f Z°ning
Appeals pursuant to the terms of this Ordinance that were not required under the previous Ordi-
nances, the application will be amended to include only those additional approvals that are now
required and within the jurisdiction of the Board of Zoning Appeals.
D. All new building sites shall meet the requirements of this Ordinance unless:
a. A building permit was issued and is still valid, or
b. A parcel was approved as a buildable lot by the Plan Commission or the Board of Zoning Appeals
prior to the effective date of this Ordinance.
Article One: Basic prOvisions
1.13
Effective Date ~0 !
This Ordinance shall become effective on /~ [ ,200~.
..4~his Ordinance was passed and adopted by the City Council of Jeffersonville, Indiana on the ~ day of
z~'g¢ ~ , 2000.
~I~om~s Galligan, a~yor~
ATTEST:
C1 er k~re~u~e~ -' - ~
This Ordinance approved by the Mayor and the City Council of Jeffersonville, Indiana on this ~q ~3
ST:
Clerk-Trea~er
1-4 Jeffersonville Zoning Ordinance
Article Two
General Zoning Districts
Article Two
General Zoning Districts
Establishment of Districts
Each of the districts stand alone and are not a part ora hierarchy system of zoning. For example, what is
permitted in the C 1 district is NOT permitted in the C2 district.
Only those uses and development standards which are expressly permitted and noted for each district
apply. For the purpose of this Ordinance, the Planning Jurisdiction is divided into the following zoning
districts for the general uses as stated:
R1--Low Density Residential (Pa~e 3-2 and 3-3~: This district is established for single family,
detached, medium sized homes and medium sized lots.
R2--Medium Density Residential (Page 3-4 and 3-5): This district is established for single family,
detached, small to medium sized homes, and medium sized lots.
R3--Old City Residential (Page 3-6 and 3-7): This district is established for existing older neighbor-
hoods in the City of Jeffersonville.
MI--Limited Multifamil¥ Residential (Page 3-8 and 3-9): This district is established for small-scale
multifamily developments.
M2--General Multifamilv Residential (Pa~e 3-10 and 3-11): This district is established for medium
to large sized multifamily developments.
MP---Mobile Home Park (Page 3-12 and 3-13): This district is established for leased lot develop-
ments (typically mobile or manufactured home parks) which typically lease dwelling sites for single-wide
and double-wide manufactured homes.
IS~Institutional Uses (Page 4-2 and 4-3): This district is established for institutional and municipal
owned lands, both public or quasi-public, where the use is for public purpose and is anticipated to remain
permanent.
PR~Parks and Recreation (Page 4-4 and 4-5): This district is established for parks, open space, and
recreational areas both public and private.
NC--Neighborhood Commercial (Pa~e 4-6 and 4-7): This district is established for small scale
businesses that provide products and services primarily to local neighborhoods.
OC---Office Commercial (Page 4-8 and 4-9): This district is established for small to moderate scale
office uses with provisions for some complementary uses.
DC--Downtown Commercial (Page 4-10 and 4-11): This district is established for special issues and
land use goals for the downtown area in Jeffersonville.
HC--Highwav Commercial {Page 4-12 and 4-13): This district is established for the special issues
related to commercial developments in interchange areas.
C1--Small to Medium Scale General Commercial (Page 4-14 and 4-15): This district is established
for a wide variety of retail, commercial, service, entertainment, and eating establishments that are small to
medium in scale.
2-2 ]effersonville Zoning Ordinance
2.2
2.3
2.4
2.5
C2--Medium to Laree Scale General Commercial (Pace 4-16 and 4-17): This district is estab-
lished for a wide variety of retail, commercial, service, entertainment, and eating establishments that are
medium to large in scale.
NI--Neighborhood Industrial (Pace 4-18 and 4-19): This district is established for existing industrial
uses in older areas of Jeffersonville.
Il--Business Park/Light Industrial (Pace 4-20 and 4-21): This district is established for small
business parks, light manufacturing facilities, light manufacturing parks and utility usage.
I2--Industrial ParldHeav~ Industrial (Pace 4-22 and 4-23): This district is established for large
industrial parks, manufacturing facilities, manufacturing parks and utility usage.
Establishment of Overlay Districts
For the purpose of this ordinance three (3) Overlay Districts have been established as stated below.
cC-eL-- Commercial Corridor Overlay (Pa~e 5-2): This district is established to promote commu-
nity character and aesthetics goals and objectives along key corridors.
uP-eL--Utica Pike Overlay (Pace 5-3): This district is established to promote and preserve the
scenic and natural character of the Utica Pike corridor.
WH-OL---Wellhead Protection Overlay (Pa~e 5-4): This district is established to protect the integrity
and drinkability of the community's public water supply.
Planned Development Districts
The provisions of this ordinance allow the Ri, R2, M1, M2, DC, HC, CI, C2, I1 and I2 districts to be
rezoned for a planned development. No other districts can be rezoned into a planned development district.
On the Official Zoning Map a planned development district, once rezoned, shall be labeled as PD followed
by the district it was created from. The following are the appropriate labels for Planned Development
Districts: PD-R1, PD-R2, PD-M1, PD-M2, PD-OC, PD-HC, PD-C1, PD-C2, PD-I1 and PD-I2.
The provisions that regulate Planned Developments can be found in Article 8 beginning on page 8-2.
District Land Uses
Land uses are either Permitted, Non-Permitted or a Special Exception in each Zoning District.
Jeffersonville's permitted and special exception uses for each district am noted in the Permitted Use and
Special Exception colunms in Article 3 and 4. These articles represent three (3) categories of Zoinng
Districts. They are:
Residential Districts (Article 3) found on page 3-1;
Institutional, Commercial, and Industrial Districts (Article 4) found on page 4-1; and,
Overlay Districts (Article 5) found on page 5-1.
Unlisted or Questionable Land Uses
Any land use not listed as a Permitted Use or Special Exception is considered Non-Permitted unless the
Plan Commission or Planning Director makes a determination otherwise. The Plan Commission or
Planning Director may determine into which category, if any, that a questionable use may be placed if it is
not specifically listed and is significantly similar to another use that is Permitted by right or as a Special
Exception. This determination may be appealed to the Board of Zoning Appeals.
Article Two: General Zoning Districts
2-4 Jeffersonville Zoning Ordinance
Article Three
Residential
Zoning Districts
"RI" District
3.1 "RI" District Intent, Permitted Uses, and Special Exception Uses
3-2 Jeffersonvil]e Zoning Ordinance
"RI" District
3.2 "R1" District Development Standards
Lot Width
Area
~ E
Minimum Lot Area:
· 10.000 square feet
Minimum Lot Width:
· 70 feet
Maximum Lot Depth:
· 2.5 times the Lot Width
Minimum Lot Frontage:
°50 feet on a Public Street with access
from said Public Street
Sewer and Water:
· Requires municipal water ana sewer
hookup
Side
Yard
Minimum Front Yard Setback:
· 30 feet when adjacent to an Arterial
· 25 feet when adjacent to a Local Street
Minimum Side Yard Setback:
· 'i0% of the lot width per s~de yard for
Primary and Accessory Structures
Minimum Rear Yard Setback:
· 20 feet for the Primary Struc:ure
· 5 feet for Accessory StrucTures
Maximum Lot Coverage:
· Sauare footage of all Primary anc~
Accessory structures and impervious
surface cannot exceed 35% of the Lot
Area
Minimum Main FloorArea:
· 1.500 square feet for one story
Primary Structures: or
,~ 100 square feet for the first floor of
the Primary Structure. erovided that
me total Finished Floor Area is 1.500
square feet or more
Maximum Structure Height:
· 35 feet for the Primary Structure
· 18 feet for Accessory Structures
Additional D tit S~ndards~thKtApply
· Lot Yard, ahd Density (LY)
LY-01 ~',.....,, Pa~ 7-3
· AS-02 ................ Page 7-6
· Fences and Walls (FW)
FW~)i ,.i. Page7-8
· Temporary Uses (TU)
TU:01 ............... Page 7-9
· TU-02 .................. Page7-9
· Home Occupation {HO)
HO-01 ..........Page7-10
· HO-02 ............... Page7-11
· Public Improvement (PI)
PI-01 ....... ......... PageT'13
· I~:~t ........... _.. ~age?-t~. :p~:.Cl~l ......... :.:. Page?-39
· LA:02 ..:i:....;:.. Page7-15 PK-06 .......... ..i. ~ageT-41
Expressway Buffer (EB) ~ Pr:-07 ... _...._ PageT-43
· EB-01 ............. Page~-24 ) PK-0$ Pa~ 7-43
· Environmental (EN)
EN-01 .............. Page7-25
Floodplain (FP)
· FP-01 ............... PageT-27
Performance {Pr)
· Pr-01 ............... Page 7-30
· Lighting (LT)
LT-01 .. _......~.~.... Page7-31
General Signs {Ge)
· GS-01 .............. PageT-32
Temporary Signs (TS)
· TS-01 ................ Page7-34
· permanent Signs (PS)
PS-OI ....i~... ~.... Page7-35
Entrances/Drives (ED)
· E~:01''...' ~....~ i~..... Page 7-45
Vision Cl;~r )
· VC-01 .............. Page7-47
TFelecomrnunicatio~
aciiities ~)
,TCq)I ......... .... Fage 7-48
·
TC-02 ............... Page7-51
· Special Exception (SE)
SE;01 ;.,,..~...~... Page 7~4
,MiscellaneouS(Mc)~
MC-02 .............. PageT-55
: MC-04.... ~... page 7-55
MC-06 ............. Page7-55
Article Three: Residential Zoning Districts 3-3
"R2" District
3.3 "R2" District Intent, Permitted Uses, and Special Exception Uses
3-4
]effersonville Zoning Ordinance
"R2" District
3.4 "R2" District Development Standards
Lot Width ~
Area
Side
Yard --
Minimum Lot Area:
· 7,500 square feet
Minimum Lot Width:
· 50 feet
Minimum Lot Frontage:
· 35 feet on a Public Street w~m access
from said Public Street
Sewer and Water:
· Requires municipal water and sewer
hookup
Minimum Front Yard Setback:
· 30 feet when adjacent to an Arterial
· 25 feet when adjacent to a Local
Street
Minimum Side Yard Setback:
· 7 feet 9er side for the Primary
StrucTure
· 3 feet 3er side for Accessory Struc-
lures
Minimum Rear Yard Setback:
· 20 feet for the Primary Structure
· 3 feet for Accessory Structures
Maximum Lot Coverage:
· Square footage of all Primary and
Accessory structures, and impervious
surface cannot exceed 45% of the Lot
Area
Minimum Main Floor Area:
· 1.200 square feet for one story
Primary Structures: or
· 900 square feet for the first floor of the
Primary Structure provided that the
total Finished Floor Area is 1.200
square feet or more
Maximum Structure Height:
· 35 feet for the Primary Structure
· 18 feet for Accessory Structures
Lot, Yard, andDensity (LY) · Landscaping (LA)
Height (HT) · LA-02 ................ PageT-15
· HT-01 ..................Page 7~- . Expressway Buffer (EB)
A~cessorY Structure (AS) ' EB-01 .........
/~-u ................. g - .Bnw)'onmental (~)
· AS-02 ................. Page7-5 EN;01 .............. Page7-25
Fences and Walls (FW) Floodplain (FP)
· FW-01 ................ Page 7-8 · FP-01 ............. Page 7-27
Temporary Uses (TU) Performance (PF)
TU-01 .................. Page7 9 · PF-01 .............. Page7-30
· TU~)2 .................. F~ge 7-9 Lighting (LT)
o Home Occupatign (HO) .LT~I ............... page7-31
HO-01 ............. Page7-10 o Genera Signs GS)
· HO-02 ............. Page7-11 GS-0t .............. P~ge7-32
· Public Improvement {PI) . Tbm~o~ry-signs (TS)
PI-01 ............ ... PageT.,]3 TS:01 .......;...; ... Page7-34
· Permanent Signs (PS)
PS-01 .............. Page7-35
Parking (PK)
· PK-01 ............... Page7-39
· PK-06 ............... Page 7-4~
, PK-07 ............... Page 7-43
· PK-08 ............... Page 7~3
Entranc~e~/Driveb{ED)
· ED-0~ ............... Page 7:45
Vision Clearance (VC)
· VC-01 ............. Page 7-47
Telecommunication
· Facilities (TC)
TO-01 ............... PageT-48
· TC-02 ............... ~age7-51
· Special Exception (SE)
SE-0t ............... Pa~e~-54
· Miscellaneous (MC)
MC-02 .............. Page7-55
· MC-04 .............. Page7-55
· MC-06 .............. Page 7-55
Article Three: Residential Zonin$ Districts 3-5
"R3" District
3.5 "R3" District Intent, Permitted Uses, and Special Exception Uses
3/0 Jeffersonville Zoning Ordinance
"R3" District
3.6 "R3" District Development Standards
L6t Width
Area
~.R.O.W. = AS Defined on Tho~re Plan
Minimum Lot Area:
°5,000 square feet/dwelling unit
Minimum Lot Width:
· 30 feet
Minimum Lot Frontage:
°25 feet on a Public Street with
vehicular access from said Public
Street or rear alley
Sewer and Water:
· Requires municipal water and sewer
hookup
Side
Yard
Setback
I
Minimum Front Yard Setback:
· 25 feet when adjacent to an Arterial or
average setback whichever is less
· 20 feet when adjacent to a Local
Street or average setback whichever
is less
Minimum Side Yard Setback:
· 5 feet per side for the Primary and
Accessory Structures
Minimum Rear Yard Setback:
· 15 feet for the Primary Structure
· 3 feet for Accessory Structures
Maximum Lot Coverage:
· Square footage of all Primary and
Accessory structures, and impervious
surface cannot exceed 75% of the Lot
Area
Minimum Main Floor Area:
· 960 square feet for one story Primary
Structures; or
· 700 square feet for the first floor of the
Primary Structure, provided that the
total Finished Floor Area is 960
square feet or more
Flat Roof Structures Gable Roof St.Jctures
(from highest (from highest gable root~
section of flat root)
Maximum Structure Height:
· 35 feet for the Primary Structure
· 15 feet for Accessory' Structures
Additioi al D 6O ght Standards tha t Apply
Lot Yard and D~Sif~(LY) Expressway Buffer (EB)
· LY-0~ ............... ~4~-3 · EB-0~ .... ~ ....... PageT-24
Height (HT) . Env m~mefl~al (EN)
· HTr01 .................. Page7-4 EN-0'I .L.. . PageT-25
· AccessoryStructure AS) · FIo0~l~lain (FP)
AS-0~ ...........Page7-5 PP-o~ ....._..... Page7-27
· AS-02 ................. Page 7-6 Performance (PF)
· Fences and Walls FTM) · PF-0f ............... Page 7-30
FW-01 ................ PAge7-8 L ght ng [LT)
Temporary Uses (TU)
· TUq)I .................. Page7-9
· TU-02 .................. PageT:9
Home Occupation (HO)
· HO-01 .............. Page7-10
· HO-02 ............... PageT-11
, Public Improvement (PI)
PI-01 ................ PageT-13
Landscaping (LA~.
· LA~I ................ Page7-14
· LA-02 ................ Page 7-15
· LT-01 ............... Page7-31
· Ge!igral~ig ns (GS)
GSa01 .Z.Z........ Page 7-32
Temporary Signs (TS)
· TS-01 ........... Page7-34
· Permanent Signs (PS)
PS-0~. ~Z...,.. PageT`35
PK-02 ...:-.... Page7-39
· PK-06 ............... Page 741
· PK-07 ............... Page 7~,3
· PK-08 ............... Page 7-43
E,itranceslDrivi~s (ED)
· ED~)I ............... mage7-45
Vision Clearance~VC)
· VC-O f ............. page 74.7
Telecommunication
Facilities (TC)
· TC-Oi ............. Page 7-48
· TO-02 ............... Page7-51
· TC~5 ............... Page7~2
· Special Exception SE)
SE-O1
· M sce aneous(MC)
MC-0~_ ..i ..... P~ge 7-55
· MC-04 .............. Page7-55
· MC-06 .............. Page 7-55
Article Three: Residential Zoning Districts 3-1
"MI" District
3.7 "MI" District Intent, Permitted Uses, and Special Exception Uses
3-8 Jeffersonville ZOning Ordinance
"MI" District
3.8 "Mi" District Development Standards
Lot Width
Side
Yard
Setback
Minimum Lot Area:
· 10,000 square feet
Maximum Lot Area:
· 43,560 square feet (1 acre)
Minimum Lot Width:
°70 feet
Maximum Lot Depth:
· 2.5 times the Lot Width
Minimum Lot Frontage:
· 50 feet on a Public Street with access
'rom said Public Street
Sewer and Water:
oReou]res mumcipal water and sewer
hooKu 3
Minimum Front Yard Setback:
· 25 feet when adjacent to an Arterial
· 20 feet when adjacent to a Local Street
Minimum Side Yard Setback:
· 10 feet per side for the Primary
Structure /
· 5 feet per side for Accessory Struc-
tures
Minimum Rear Yard Setback:
· 15 feet for the Primary and Accessory
Structures
Maximum Lot Coverage:
· Square footage of all Primary and
Accessory structures, and impervious
surface cannot exceed 65% of the Lot
Area
Maximum Density:
· 6 units per half-acre
Minimum Main Floor Area:
· 1,100 square feet per Primary
Structure for single family or multifam-
~[y USeS
Minimum Floor Area Per Unit:
· 750 souare feet average per dwelling
unit in a multiple-unit Primary
Structure
Maximum Structure Height:
· z0 feet for the Primary Structure
· ' 5 feet for Accessory Structures
· Lot Yard andDensity LY) ; Buffer Yard (BY)
LY-0t ........ ~ ... ~g~7-3 BY-01 ... .. Page7-19
Height (HT) . ExpressWay Buffer (EB)
· HT-01 .................. Page7-Zt ¢B~01 .............. Page 7-24
· Accessory StruCture (AS) . Environmental(EN)
AS-01 ............. ...~ Pag~ 7-5 EN-01 ..:.. ........ Page7-25
· AS-02 ................ Page 7-6 Floodplain (FP)
· Parking (P'K}
PK-03 ........L...¢ Page 7-39
· PE;06:.; ............ Page 7-41
~07 ............... Page 743
PK-08 ........ . Page743
· E~i!~c~e~/~D~iVe~ (ED)
~D;~{~.].;......... Page7-45
FencesandWa s(FW) .FP-01 .............. Page7-27 Vision Clearance (VC)
· FW-01 ............... Page7:8 . Performance (PF) · VC-01 .............. page 7-47
Temporary Uses (TU) PF-01'._.]. ........ Page 7-30 'f~lecemr~unication
· TU-01 .................. Page 7-9 Lighting (LT) F~cilities (TC)
· TU-02 .................. Page7-9 · LT4)I ................. Page7-3! ; T~01 .~ ............. Page7~
Home Occupation (HO) · Genera $ gns (GS) · TC'02 ":":'-: '7 Page7-51
· HO-0~ .............. Page7-10 GS;01 .............. Page7-32 . SP~ia!Exception (SE)
· HO-02 PageT-l~ o~,~lpOrary S gn~TeS~ 34 ' $E~0~1 ~:':';'~'"'"' PageT-54
Public Improvement (pi) ' . ............... g ' ~ Miscellaneous (aC)
· PI-Or ........ ~'~&?-f3 . Pe ~rmanent Signs (PS) · MC-O~ ...,...;.. Page 7-55
PS:O~ ............... Page7-35 · MC~O;~..;.;: ........ Page7-55
Landscaping (LA)
· LA-O~. ............... Page7-14 · MC-05 .............. Page 7-55
· LA4)2 .............. Page7-15 ,MC-06 .... Page 7-55
· LA4)3 ................ PageT-17
Article Three: Residential Zoning Districts 3-9
"M2" District
3.9 "M2" District Intent, Permitted Uses, and Special Exception Uses
3-10 /effersonville Zoning Ordinance
"M2" District
3.10 "M2" District Development Standards
Side
Yard
~R.O.W. = AS DeE.ed on ThOroughf~lr* plat1
Minimum Lot Area:
· 43,560 square feet (1 acre)
Minimum LotWidth:
· 90 feet
Minimum Lot Frontage:
°70 feet on a Public Street with access
from said Public Street
Sewer and Water:
· Requires municipal water aha sewer
hookup
~R.O.W. = AS Defined ON T~orougtl¢a ire Plan
Minimum Front Yard Setback:
· 30 feet when adjacent to an Arterial
· 25 feet when adjacent [o a Local Street
Minimum Side Yard Setback:
20 feet per side for the Primary and
.Accessory Structures
Minimum Rear Yard Setback:
· 20 feet for the Primary and Accessory
Structures
Maximum Lot Coverage:
· Square footage of all Primary and
Accessory structures, and ~mDervlous
surface cannot exceed 65% of the Lot
Area
Maximum Density:
.16 units per acre
Minimum Main Floor Area:
· 1,i00 square feet per Primary
Structure for single family or muir[fam-
ily uses
Minim um Floor Area Per Unit:
· 750 sauare feet average per dwelling
unit in a multiple-unit Primary
Structure
Maximum Structure Height:
· 75 feet for the Primary Structure
· 15 feet for Accessory Structures
· Height (HT)
HT-01. .............. ,. Page 7-4
· Accessory sti'~dr~(A$)
AS~Oi ..L:.~.L..;~ Page 7-5
· AS-02 ............. .... ]Page 7~
.Fences ao~ wails (FW)
RN-0t ........~._.~.. Page 7-8
· Temporary Uses (TU
TU ~) 1 ........... . Z :Page 7-9
· TU~)2 .................. Page7-9
· Home Occupation(HO)
HO-01 .............. Page7-10
· HO-02 .; ............ ~ Page 7-11
· Public Impmvemedt (Pi)
PI-01 ...,..L....._, ~ge7-13
· Landscaping (LA)
LA-b1 ~ ,. Page7-14
· LA-02 ................ Page7-15
· LA-03 ................ page7-16
BY-OI ....Z] ........ P~eT-~9 PK-03
ExpreSsWay Buffe~ (EB)!4 : PK-06.,
EB-01 ........... Page 7-2 , PK-07 .......... :, Page 7~43
Enyiron~mental (EN)' PK-08 ........... ;.. Page743
· E~-01 ,] ............ Page7-25 sntran~'/[~;;~e~iEOi
Floodplain (FP) * ED-01 ........ . ..., Page7-45
· FP~)I ............... Page 7-27. Vision Clearance (VC)
Pefformance(PF) VC-01 .............. P&ge 747
· PF-01 ............. Page7-30 Telecommunication
Lighting (LT) Facilities C'C)
· LT-0~ ................ °age7-31 · TC-01 ............... Page7-48
· General Signs (GS) · TC42 ............... Page 7-5t
GS-01 ... ..........P~§e7;32 . Special Exception (SE)
Temporary Signs (TS) SE-01 ............... PageT,54
· TS01 ....~ ......... Page7~34 . Miscellaneous (MC) ~
permanent Signs (pS) MC-02 ............. Page 7-55
· [~S~01 ............... Page7-35 ,MC-04 .............. PageT,5
·
MC-05 .............. Page7,55
· MC-06 .............. Page 7-55
Article Three: Residential Zoning Districts
"MP" District
3.11 "MP" District Intent, Permitted Uses, and Special Exception Uses
3-! 2 Jeffersonville Zoning Ordinance
"MP" District
3.12
"MP" District Development Standards
Lot
Width
Side Yard
Setback
Line
Lot
Minimum Lot Area:
· 5 acres
Minimum Lot Width:
· 250 feet
Maximum Lot Depth:
· 3.5 times the Lot Width
Minimum Dwelling Site Size:
· 4,000 square feet
Minimum Dwelling Site Width:
· 30 feet
Minimum Lot Frontage:
-70 feet on a Public Street with access
from said Public Street
Sewer and Water:
· Requires municipal water and sewer
hookup
Maximum Structure Height:
· 20 feet for the Primary Structure
· 15 feet for Accessory Structures
Envelope
Minimum Front Yard Setback:
· 40 feet
Minimum Side Yard Setback:
· 20 feet for the Primary and Accessory
Structures
Minimum Rear Yard Setback:
· 20 feet for the Primary and Accessory
Structures
Minimum Dwelling Site Front Yard
Setback:
· '10 feet from edge of pavement of
interior roads
Minimum Dwelling Site Side Yard
Setback:
· 7 feet for the Primary Structures and 3
feet for Accessory Structures
· Aoc'esgory Structure (AS)
AS-b~. ................ Page 7-5
· AS~)4 ................. Page 7-7
· FencesandWalls FVV)
FW~)I ¢~ge7-8
· Temporar~ Uses (TU)
TU:0i ................. Page7-9
· TU~)2 .................. Page 7-9
· Public Improvement (PI)
PI-01 ... ............ P~ige 7-13
· Landscaping {LA
~01. ............... Page7-14
· LA-02 ................ Page7-15
· LA-03 ................ Page7-17
· Buffer Yard BY)
BY-0t ._. ........... Page 7-'19
Minimum Dwelling Site Rear Yard
Setback:
· 5 feet for the Primary Structures and 2
feet for Accessory Structures
Minimum Rear Yard Setback:
· 7 feet for the Primary and Accessory
Structures
Maximum Lot Coverage:
· Square footage of all Primary and
Accessory structures, and impervious
surface cannot exceed 65% of the Lot
Area.
Minimum Main Floor Area per Unit:
· 750 square feet per Primary Structure
on a Dwelling Site.
Apply
· Ehvironmental (EN)
EN-01 ........ ~,,.... page7-25
· Floodplain (F~) '
FP-01 .............. Page7-27
· Perfocm~hce (Pr)
Pr-01 ............... Page7-30
Lighting (LT)
· LT~)I ................. Page7-31
· Genera Signs (GS)
GS-0t .............. Page7-32
Temporary Signs (TS}
· TS-0'1 ................ Page 7-34
· Permanent Signs PS)
PS-0'1 ..~..~:;.i .. PageT-35
· PK-0~t ............... Page 7-39
· ~K-06 ............... Page 7-4'1
· PK-07 ............... Page 7-43
· PK-08 ............... Page 7-43
Vision Clearance (VC)
· VC-01 .............. Page 7-47
Telecommu nicafiSi~
· Facilities (I'C)
TC-01. ........... Page 7-48
· TC-02 .............. Page7-51
· Special Exception (SE)
S~-0i ............... ~5age 7-54
· Miscellaneous(MC)
MC-01 ....... Page7-55
· MC-02 ............. Page 7-55
· MC:0;~.; ............ Page7-55
· MC-05 .............. Bage7-55
· MC-06 ........ :...:~ page 7-55
Article Three: Residential Zoning Districts 3-13
3-14 ,~effersonville Zoning Ordinance
Article Four
Institutional and Commercial
Zoning Districts
"IS" District
4.t "IS" District Intent, Permitted Uses, and Special Exception Uses
4-2
Je ffersonville Zoning Ordinance
"IS" District
4.2 "IS" District Development Standards
I Lot Width ]
Side
Yard
A~ea
Line
Minimum Lot Area: Minimum Front Yard Setback:
· 10,000 square feet · 35 feet when adjacent to an Arterial
· 25 feet when adjacent to a Local
Minimum Lot Width: Road
· 70 feet Minimum SideYard Setback:
Minimum Lot Frontage: · 15 feet for Primary and Accessory
-65 feet on a Public Street with access Structures
from said Public Street Minimum RearYard Setback:
Sewer and Water: · 20 feet for Primary and Accessory
· Requires municipal water and sewer Structures
hookup
Maximum Lot Coverage:
· Square footage of all primary and
accessory structures, and impervious
surface cannot exceed 65% of the Lot
Area
Minimum Main Floor Area:
· 900 square feet for Primary Structures
Flat R~of StpJctures ~able Roof ~t~uctures
(from highest (from highest gable root
section of flat roof)
Maximum Structure Height:
· 35 feet for the Primary Structure
· 25 feet for Accessory Structu res
· Lot, Yard, and Density (LY)
LY~t :i Page7-3
· Height HT)
HT-01 ............Page7-4
· Accessory Structure (AS)
AS-01 ............. Page7-5
· Fences and Walls (FW3
RN-01 .............. .. Page 7-8
· Temporary Uses (TU)
TU~)t .................. PageT-9
*TU-03 .................. Page7-9
· Public Improvement (P~)
Pr01 ................ PageT-13
· Landscaping LA)
LA-01 ......... ~.... PageT-14
· LA~;~ .......... :... page7-t5
· LA-03 ................ Page7-17
· Suffer Yard (BY) ~
BY-01 ............... Page7- 9
Environmental (EN)
· EN-01 ....... ~.; ... PageT-25
· Floodplai~ (FP)
FP-0i .... P~ige7-27
· Performance (Pr)
Pr-01 .......... ._ Page~7-30
Lighting LT)
· LT~I ................. Page7-31
· General Signs (GS)
GS-0t .............. PageT:32
Loa~lir~ (ED)
· L.D~)I ................ Page7-44
· Entrances/Drives (ED)
ED;Or ........ ~.:..~. p~ge 7-45
Visioh Cle~rance~C)
· vo-01 .............. PageT-47
Telecommunication
· Fscilities {TC)
TC-01 ............... Page7-48
· TC-02 ............... Page7-51
· Special Exception (SE)
SE-01 .............. Page7~4
Temporary Signs ~S) Miscellaneous (MC)
· TS-0~ " P~eT-34 · MC-02 ........... ~.. Page7-55
Perm;~'~'~i'~i~n~S [PS) · MC-04 .............. Page7-55
· P$:02 ......... ~... Pag~-35 , MC-0~ ............. Page 7-55
Parking (P~ '~:: · M~-O~ .............. page 7-55
· PK-05 ............... Page7-40
~ PK-06 .............. Page 7-41
PK-07 .............. PageT;4~3
Article Four: Institutional and Commercial Zoning Districts 4-.~
"PR" District
4.3 "PR" District Intent, Permitted Uses, and Special Exception Uses
4-4 Je ffersonville Zoning Ordinance
"PR" District
4.4 "PR" District Development Standards
Lot Width
Lot J
E
Line
Minimum Lot Area:
· 5,000 square feet
· 100 souare feet without improve-
ments
Minimum Lot Width;
· 50 feet with improvements
· 0 feet without improvements
Minimum Lot Frontage:
· 30 feet on a ~ublic Street with access
from said Public Street.
· t 0 feet on a Public Street and without
improvements
Sewer and Water:
· Reeu~res municipal water and sewer
hOOI<UD
Minimum Front Yard Setback:
· 35 feet when adjacent to an Arterial
· 25 feet when adjacent to a Local
Street
Minimum Side Yard Setback:
· 15 feet for Primary and Accessory
Structures
rvlinimum Rear Yard Setback:
· 20 feet for Primary and Accessory
Structures
Maximum Lot Coverage:
· Souare footage of all 3nmary ano
accessory structures, and impervious
surface cannot exceed 60% of the Lot
Area
Maximum Structure Height:
· 35 feet for the Primary Structure.
*'25 feet for Accessory Structures.
AdditionalDeVe~oPm~nt Standards that Apply
Lbt~ard ~nd Density(LY) Exp~esg~ay Bi~ffer (EB) Loading (t~D)
~EY:01 ,,. ~.'. ......... Pag~e7-3 · EB-01 ............... page7-24
· Height (HT) Ep~! ntal (EN)
HT-0~i ............. Page 7~ · EN;0~ ~;....~. ~. Page 7-25
Accesso~ Structure (AS) · F oodplain (FP)
· AS-O~ .~ ..... PageT,5 ~ FP~01 ............. Page7-27
Fences and W~l[s (FW) Pedormanc~ (PF)
o~-bl ..~...i...~.. Page7~8 ,OF-01 ..~. ............ Page7-30
· Tem~rary Uses (TU)
TO~o'~ ............. ~.... Page 7-9
· TU~3 .................. Page7-9
· Publiclmprovem~nt (Pi)
PI-0~; ............... PageT-t3
· Landscaping (LA)
LAq)~ ............. Page7-14
~ LAr02 ............... Page7-15
LA;03 ............... Page7-17
Lighting (LT)
· LT~I ................ Page 7-31
General Signs (GS)
· GS-0~ .......... Page7-32
Permanent Signs PS)
· PS-02 ..~ ..' ........ Page 7-35
· Parking (PK)
PK-05 .. Page 7-40
? PK-0~ ...~ .~_.... Page 7-41
· PK-0~ ............... Page 7-43
· Entrances/D~ives~ED)
ED-01 ............ .. Page7-45
· Vis on C earance (VC)
VC-b~ ....... ~..._ P~ge 7-47
TelecommunicatiOn
· Facilities (TC)
TC~)I ........... ... PageT-48
· TC~2 ............... P~eT;5~
· Spec al Exception (SE)
S~-01 .......L..... page7-54
· Miscellane6~iMC~
· MC-02 ........... P~ge 7-55
i MC-04 ........... ~.. Page7-55
MC-05 ............. Pag~7~
· MC-06 .............. P~ge ?-55
Article Four: Institutional and Commercial Zoning Districts 4-5
"NC" District
4.5 "NC" District Intent, Permitted Uses, and Special Exception Uses
4-6 ]effersonville Zoning Ordinance
"NC" District
4.6 "NC" District Development Standards
Line
R.O.W. = AS De§ned on ~lomugh~are Plan
Minimum Lot Area:
· 6 000 square feet
Maximum Lot Area:
· 20.000 sauare feet
Minimum Lot Width:
· 60 feel
Maximum Lot Depth:
· 2 times the Lot Width
rvlinimu m Lot Frontage:
· 50 feet on a Public Street with access
from said Public Street or rear alley
Sewer and Water:
· Requires municipal water and sewer
hookup
Maximum Structure Height:
· 28 feet for the Primary Structure
· 15 feet for Accessory Structures
Side
Yard
Setback
Minimum Front Yard Setback:
°20 feet when adjacent to an Arterial
· 15 feet when adjacent to a Local
Street
Minimum Side Yard Setback:
· 12 feet for the Primary and Accessory
Structures
Minimum Rear Yard Setback:
· 12 feet for the Primary and Accessory
Structures
rVlaximum Lot Coverage:
· Sauare footage of all primary ana
Accessory structures and imoervious
surface cannot exceed 70% of the Lot
Area
Minimum Main Floor Area:
· 800 sauare feet for Primary Structures
Maximum Main Floor Area:
· 7.000 sauare feet for Primary and
Accessory Structures combined
Additiofial De,~nt Standards thatApply
· Lot, Yard, and Density {L~f<'- i ~re's'~a~ Buffer {EB)
LY4Jl .............. Page~3 ,EB-0~ i~,,.i;.... Pagb7-24 Page744
He g~t~RT) i' ~ntal (EN) . ~. . Entrances/Drives (ED)
· HT-~I .................. Page7-4 E~01 .............. Page/-z~ ED-01 ............ ~.. PageT-45
Accessory Structure AS) ;Floodp!~i~ (FP)
· AS-O'[ ......., ........ Page 7~5 · FP-0~._; .......... Page 7-27
Fe~¢esand Walls (FW) ance (PF}
· F~)2 _.._i ......... Page7~ ; PF-0t ........... .... Page7-30
· Temporary Uses (TU] Lig~i~g:(LT)
TU-0~i ......... Page7-9 * LT--01: ................ PageT-31
· TU-~'3 ............. PageT-9 ~GeneralS gns (GS)
· Public Improvement (PI) ~GS-01 ......,,.... Page7-32
PI-0~i ................ PageT-t3 Temp0ra~y Signs (TS)
· T~2 ................ Page 7-34
· Laodscaping (LA)
LA~)f ................ PageT-14 o Permanent:S gns (PS)
· LA-02. . PageT-15 PS-0~ ...~.~..... PageT-35
· LN0n.........L.... Page7-18 ; ~(~K)
~ PK;05 .......Page7-40
· BufferYard (BY) ~ PK-06 .. ......... Page7-41
BY-0t . Page7-19 pK;O5 ......... Page7-43
· Vision Clearance (VC)
VC-01 ............. Page747
Te ecommunicatibn
· Facilit es~(TC)
TC~I .......... Page7-48
· TC-03 ............... Pug97-5t
Special Exception (SE)
· SE-01 ............... Page 7~54
· Miscellaneous (MC)
· MC-02 ............. Pa~e7-§5
MC-04 ............ ~ Page 7-55
~ MC-05 .............. Page 7-55
MC-06 .............. Pa§e7-55
Article Four: Institutional and Commercial Zonin~ Districts 4-/
"OC" District
4.7 "OC" District Intent, Permitted Uses, and Special Exception Uses
4-8 Jeffersonville Zoning Ordinance
"OC" District
4.8
"OC" District Development Standards
I Lot W~d~: I
Area
E
Minimum Lot Area:
· 7,000 square feet
Minimum Lot Width:
°70 feet
Maximum Lot Depth:
o3 times the Lot Width
Minimum Lot Frontage:
· 50 feet on a Public Street with access
from said Public Street
Sewer and Water:
· Requires municipal water and sewer
hookup
Side
Yard
$et~ack
Minimum Front Yard Setback:
· 25 feet when adjacent to an Arterial
· 20 feet when adjacent to a Local
Street
Minimum Side Yard Setback:
· 12 feet for the Primary and Accessory
Structures
Minimum Rear Yard Setback:
- 12 feet for the Primary and Accessory
Structures
Maximum Lot Coverage:
· Square footage of all primary and
accessory structures, and impervious
surface cannot exceed 70% of the Lot
Area
Minimum Main Floor Area:
· 1,000 square feet for Primary Struc-
tures
Flat Roof St~Jc~Jres G~bi~ R~o;~ ~c~ures
(from highest (fi'om higheS~ gable ~
Maximum Structure Height:
· 30 feet for the Primary Structure
· 15 feet for Accessory StrucTures
Lot Yard andBens ty(LY) . ~ffer (EB)
· LY-01 _..L....~..... pageT-3 ; EB;0t ....i~L...,..'P~gb7-24
He ght (HT) Environ~e~t¢ (EN)
· HT-01 .................. Page 7-4 · EN~0~ ~,~,,.~,. -. ~Page 7-25
AcceSSory Structu r~(A$) .R~odpl~in (FP)
· AS-0'1 ....... .~¢age 7-5 FPr0! .-..-...;... ~age 7-27
Fences andWalls (~ ·
. FWd02 ~;...,....._... Page7-8, PF~I ..;....i.~.;.;. Page/-,~u
Temporary Uses (~U) . Lighting (LT)
~TU,.0t ............... Page7-9 LT~I .-,,i.~....:~,.,, Rage7:3t
TU-03 .................. Page 7-9 , Gen~ral Si~s~(GS)
· Pub c mproyement (PI) GSa1 ..~..,¢~. ~ageT-32
PI-01 ................ Page7-13 , Temporary sigrf~ (TS)
TS~} ................ Page7-34
· Landscaping LA)
LA~] ................ Page7-14 , Permanent S gns(pS)
· LA~2..,.,..i. _.... Page7-15 P~-: .i~age7-36
· LA-04 ................ Page 7-18 ,
· BufferYard B~ ~ PK-05 ............... PageT-40
BY-0t ........... Page7-19
· PK-07 ............. Page 7-43
· Loading (LD)
LD-01 ................ Page 7-44
Entrances/Drives (ED)
· ED-01 .......... L... Page 7-45
· V s on C earance
VC'-01 ............. PageT-47
Tel~.c, ommun cat on
Fac ities 0'd)
TC-01 ............. PageT-4~
· TC-03 ............... Page7-51
· Special Exception (SE)
S~:01 ............... Page?-54
· M sce aneous (MC)
· MC-02 ............. Page7~5
MC-04 .............
~ MO-05 ............. Page7-55
MC;~6 ......... P~ge7~
Article Four: institutional and Commercial Zoning Districts 4 '~
"DC" District
4.9 "DC" District Intent, Permitted Uses, and Special Exception Uses
4-10 ]effersonville Zoning Ordinance
"DC" District
4.10 "DC" District Development Standards
I Lot 1Ninth [
Area
Minimum Lot Area:
· 2,000 square feet
Minimum Lot Width:
· 25 feet
Minimum Lot Frontage:
· 25 feet on a Public Street with access
from said Public Street
Sewer and Water:
hookup
Side
Yard
Setback
Minimum Front Yard Setback:
· 0 feet when adjacent to an Arterial
· 0 feet when adjacent to a Local Street.
Minimum Side Yard Setback:
· 0 feet
Maximum Side Yard Setback:
· 0 feet
Minimum Rear Yard Setback:
· 0 feet for the Primary Structure
· 0 feet for Accessory Structu res
Minimum Lot Coverage:
· Square feet of all impervious areas,
and Primary and Accessory Structures,
cannot be below 80% of the Lot Area
Minimum Main FloorArea:
· 1.000 square feet for Primary Struc-
lures
Minimum Floor Area Per Unit:
· 850 square feet average per Dwelling
Unit in a multiele-unit Pr[mary Structure
Maximum Structure Height:
· 40 feet for the Primary Structure
· ' 5 feet for Accessory Structures
Minimum Height:
*Two Stories for all Primary Structures
unless 2 or more structures on either
side are single story
Lot Yard and Density 'LY) (El~i
· LY~Jt ........ . ~., Page7-3 BY-0'i .,,..i~ ....... Page7-19
Height (HT)
· FIT:01 .................. Page 7~4
Accessory Structure (AS)
· AS-01 ................. PageT-5
· Fences and Walls FW)
RN~]2 ........ Page7:8
Temporary Uses (TU)
· TU~)I .................. Page7-9
· TU~O3 .................. Page 7-9
· Home Occupation (HO)
HO-01 .............. Page7-10
· HO-02 ............... Page7-11
· Public Improvement Pi)
PI-0t. ............. P~ge 7-13
Landscaping (LA)
· LA-0t ............... Page7-1~t
· LA~2 ................ PageT-15
· LA-04 ................ Page7-18
PK-05 .............. C~age 7~.0
· PK-06. ............ Page 7~1
E~O~I. ............ .. page 7,24 ' PK:.07 .............. Page7-43
, Eh~ironmen~al (EN) . Lb~ding (LD)
EN-01 ......... Page7-25 LD-01 ................ Page7-44
Floodplain (FP) ?n!tances/Drives (ED)
· FP-01 ............... PageT-27 :i~b-0~ .. ............ Page 7-45
· Perforrnai~ce PF Vision Clearance (VC)
PF-0'i ...... Page7-30 ~/C-01 .............. Page7-47
Telacomm~nicafi0n
Lighting (LT)
· LT-0t ................. Page7-3 , Facilities 0'C)
General Signs (GS) ,TC41 ............... Page 7~!3
· GSa01 Page7-32 ~TC-03 .............. Page7-51
· Temporary Signs loT~ - TC-05. .............. Page 7-52
TS-02 .......... .....~ Pag -34 Special Exception (SE)
, Permanent Signs (PS) * SE-0t ............... Page 7-54
PS-04.. ............ Page7-36 ~SC~!laneous [MC)
, ~CL0~ ~.. ~ i.....;. Page7-55
~ MC-04 .............. Page 7-55
MC-05 .............PageT-55
· MC-06 .............. Page 7-55
Article Four: Institutional and Commercial Zoning Districts 4-11
"HC" District
4.1~1 "HC" District Intent, Permitted Uses, and Special Exception Uses
4-12 Je ffersonville Zoning Ordinance
"HC" District
4.12 "HC" District Development Standards
Lot Wid~
Line
Minimum Lot Area:
· 20,000 square feet
Minimum Lot Width:
· 85 feet
Maximum Lot Depth:
· 3 times the Lot Width
Minimum Lot Frontage:
· 85 leer on a Public Street with access
from said Public Street
Sewer and Water:
oReoulres munic 3al water and sewer
hookup
Side
Yard
Minimum Front Yard Setback:
· 35 feet when adjacent ro an Arterial
· 25 feet when adjacent to a Local
Street
Maximum Primary Structure
Setback:
· 100 feet
Minimum SideYard Setback:
· 15 feet for the Primary Structure and
Accessory Structures
Minimum Rear Yard Setback:
· t 5 feet for the Primary Structure
· 10 feet for Accessory Structures
~.O.W. = AS De~ned cn T~lomugn fare Pta1
Maximum Lot Coverage:
· Square footage of ali primary and
accessory structures and impervi-
ous surface cannot exceed 75% of
the Lot Area
Minimum Main Floor Area:
· 1,000 square feet for Primary
Structures
Maximum Main Floor Area:
· 20,000 square feet for Primary
Structures
Maximum Structure Height:
· 20 feet for the Primary Structure
· ' 5 feet for Accessory Structures
· P~ fl~i~g (PK)
PK-05 ............... P~7-40
· PK-07 ............... Page743
· Loading (LD)
LDS1 ............... Page7-44
, Entranc~rives (EB)
ED-oi ;;,:...:.;L;~ F&g~ 7-45
Tempom~ Uses TU) VisiOn
· ~U~I ................ PageT-9 ) ,VC-01 .... .~.. ~ ~age7~7
· TU~3 ...... Page7:~ Telecomm~i~atmn
Public ImProvement (P~ Page 7-3~ . Facilities
· PI-0J :. .............. Page7-13 Gene~!Signs(GS) ,TC~I ............. ~ge~
· Landscaping(LA) · ~....;;.. Page7~2 TC~3 ...............
~1 :..; ........... P~ge7-14 ~ si~ns~s) , special ~ception (S~
· ~2 ...... ...~. P~geT:~5 · ........ Page7-34 SE-01 ............ . Page7-54
· ~3 ............... Page 747 nt Sig~s (PS) , Miscellan6ous;~MC~
~P~5 ::~... ~ge 7-37 ,MC-02 .............. Page 7~
MC-O4....,,
~ MC-05 ........... Page 7~5
I MC-06 ... Pa~eT:~
Article Four: Institutional and Commercial Zoning Districts 4-13
"C1" District
4.13 "C1" DistriCt Intent, Permitted Uses, and Special Exception Uses
4-I4 Jeffersonville Zoning Ordinance
"C2" District
4.16 "C2" District Development Standards
~o~d~
Line
E
Minimum Lot Area:
· 2 acres (87.120 scl.ff.)
Minimum Lot Width:
°250 feet
Maximum Lot Depth:
· 2.5 times [ne Lot Width
Minimum Lot Frontage;
· 150 feet on a Public Street with
access from said Public Street
Sewer and Water:
· Requires mumcteal water or sewer
hookup
aide
Yard
Setback
Minimum Front Yard Setback:
-35 feet when adiacent to an Arterial
· 25 feet when ad. acent to a Local
Street
Minimum Side Yard Setback:
· 25 feet (plus buffer yard)
rvlinimum Rear Yard Setback:
· 30 feet for the Primary/Accessory
Structure (plus buffer yard)
Maximum Lot Coverage:
· souare feet of al primary and
Accessory struc[ures, and ~meervlous
surface canno[ exceed 70% of the
Area
IV inimum Main FloorArea:
· 5.000 square feet for Primary Struc-
Maximum Structure Height:
· 25 feet for the Primary Structure
· 20 feet for Accessory Structures
Lot Yard andiO~hsity (r¥} Expressway Buffer {EB) L~a~din§ ~LD)"
· LY~Jl ........... ...... pa~ 7-3 ,EB-~I . ~ PageT-24 -~1 ................ Page7-44
· Height {H:~) '~ -~ 4 Envir~t~i'(ENi · EntranceslDd~e~:.~l~D)
FIT-0t ............. ;.... PageT- · EN-01 .,...: ........ Page7-25 ED-~ ~ ...;........ P~ge7-45
AccessoryBtructqfe (AS) F oo[Jplaih'(FPi ~ision ~l~i~hbe (VC)
'AS-0~I ...:.......:.~... ~ageT-5 , FP~)~ ............... Page7-27 *VC-0I . ........ .:. P~geT-47
· Fences an~ Walls (F~W)e 7.8 Performance (PF) T~lecommunication
FW-O2 ................ Page · P~:01 Page7-30 F~cilities (TC)
Temporary Uses (TU) Lighting (LT)
oTU-0~ ........... LL... Eag~7;9 · LT~0~ ................ Page7-31
,TU-03 .................. Page 7-9 General Signs (GS)
Public Impro~'e~m+ent (PI) · GS-0'i .............. Page 7-32
PI-0t ................ Page7q3 , Temporary Signs (TS)
· Landscaping (LA) e7 ~4 TS-0~) ................ Page7-34
LAq]~ ................ Pag , ~' P~e~anent Signs (PS)
· LA~)2 ................ Pag~7-~5 ,p~s-o5 ...;...._. Page7-37
· LA-93 ................ Pa~' ge 7-¥/ P~rk; ih:g P:~
· BufferYard (BY)pa e7 19 ~ PK-05 ............... Page7-40
BY-01 ............ !~ - PK-06 ......... Page 7-4'i
· PK-07 ............... Page 7-43
· TC-01 ............... Page 7-48
· TO-03 ............. Page 7-51
· Special Exception (SE)
SE-0 t ............... Page 7-54
M sce aaeou? (MC)
· MC-02 .i....L.... Page 7-55
~ MC-04 .............. PageT-55
MC-05 .............. ~age 7-55
;r~C-06
Article Four: Institutional and Commercial Zoning Districts 4-1 1
"NI" District
4.17 "NI" District Intent, Permitted Uses, and Special Exception Uses
4-18 Jeffersonville Zoning Ordinance
"cl'r District
4.'14 "C1" District Development Standards
Property
Line
Minimum Lot Area:
· 20,000 square feet
Minimum Lot Width:
· 70 feet
Maximum Lot Depth:
· 2.5 times the Lot Width
Minimum Lot Frontage:
· 70 feet on a Public Street with access
from said Public Street
Sewer and Water:
· Reouires municipal water or sewer
h00kuo
Side
Yard
Setbac~
Minimum Front Yard Setback:
· 35 feet when adjacent to an Arterial
· 25 feet when adjacent to a Local
Street
Minimum Side Yard Setback:
°25 feet for the Primary and Accessory
Structures
Minimum Rear Yard Setback:
· 25 feet for the Primary and Accessory
Struc[ures
Maximum Lot Coverage:
· Square feet of all primary and
Accessory structures, and impervious
surface cannot exceed 65% of the Lot
Area
Minimum Main Floor Area:
· 1.000 souare feet for Primary Struc-
tures
Maximum Main Floor Area:
· 21.000 square feet for Primary uno
Accessory Structures
Flat Roof Strdc[ures Gable R~of Slru~tum~
[l~orn highest (from highest gable ~o~)
section of fiat roof)
Maximum Structure Height:
· 22 feet for the Primary Structure
· 15 feet for Accessory StrucTures
· Lot Yard and Bena~ty (_L3Y) ExpresswayBuffer (EB) . Loading[ED)
EY-01 .................. PageZ-~ · EB-~ ...~ ........... Page 7-24 ~1 .............. . Page 7-44
HT) Environm~ptal (EN) 'Eni~nceS/Dfives (ED)
HT-01 ..... ............. pageT-~..oEN~0~i....,~.. Page7-25 * ED~I .............. Page7-45
Accessory Structure (AS) F oodpiain (FP) Visi~l~ra~ce 0/c)
· AS-0'i ............... ?age7:5 ~P-0I ...,...... Page7-27 ;~JC:01 ......t. ~. ~age7-47
Fef)cesandWalls(FW) pe~formanc~lpF,, ' Telecommbnication
· FW-02. ......... i..... Page7,8 r~-~l '~age7-30 Facilitle{'0'C)
Temporary Uses CU) : L nhtil~'~';~i .... ;"~C-0~ .............. Page 7-48
· TU-01 .................. Page 7-9 · i"i'-~] ~..'. ......... Page7-31 · TC-O3 .............. PageT-51
· TU-03 .................. Page7-9 ~n~r~ ,R nns tGS~ SpecialException (SE)
Pubhc Improvement (PI) * GS-0t Page7-32 SE-01 ............... Page 7-54
· P-01 L_:: ........... Page7-13 'r~,~,~,~'~'n~ ~r~ M sc~]lane0us (Mc)
· '~':~'-'""~-'~- ~' · 0-~)2 Page7-55
Landscaping LA) -TSO2 ................ Page-~-34 (d(~ · .............
· LA-O'I .............. PageT-t4 permanent Signs (Ps) ~ .:~C-04... ......... ~Page7~,5
· LA-02 ............... PugeT-t5~ tps-05:.~.; . P~ge~-37 · MC-05 .............. Page/-~a
· LA-03 Pug~7:~?< in PK · NI~L0~ Page7-55
................ ~' Park g ( ) ..............
· Buyer Yard (By) 9 opK-05 ............... Page7-40
BY-01 ............. :. Page7-1 · PK,06 i..i.........~ Pag~74~
-oK-07 ............... Page7-43
Article Four: Institutional and Commercial Zoning Districts 4-1 ~
"C2" District
4.15 "C2" District Intent, Permitted Uses, and Special Exception Uses
4-16 Je ffersonville Zoning Ordinance
"NI" District
4.18 "Nr' District Development Standards
Lot ~
Area
Line
Minimum Lot Area:
· 1 acre
Minimum Lot Width:
· 100 feet
Maximum Lot Depth:
· 3 times the Lot Width
Minimum Lot Frontage:
· 80 feet on a Public Street with access
from said Public Street
Sewer and Water:
· Requires munic~eal water or sewer
hookup
Side
Minimum Front Yard Setback:
°25 feet when adjacent to an Arterial
· 20 feet when adjacent to a Local
Street
Minimum Side Yard Setback:
· 20 feet for the Primary and,Accessory
Structures
Minimum Rear Yard Setback:
· 25 feet for the Primary and Accessory
Structures
Maximum Lot Coverage:
· Souare feet of all onmary and
accessory structures and irnoervious
surface canno[ exceed 70% of the Lot
Area
Maximum Structure Height:
· 35 feet for the Primary Structure
· 25 feet for Accessory Structures
· Lot Yard andDensity~LY)
LY-01 ............ I~age7-3
Height (HT)
· HTr1 ................. .?age 7-4
Accessory St ruct~'e (AS)
· AS-01 ................. PageT*5
· Fences and Walls (PW)
FW-02. ........... ... Page 7-8
Temporary UsesPage[TM) 7-9
TU-01 .................
· TU-03 .................. Page 7-9
· Pub c Improvement {PI)
PI-01 ................ Page~-l;3
· Landscaping(LA)
!.~)1 ................ PageT-14
· ~A-02 ................ PageT*f5
· LA-04 ................ Page 7-t8
Buffer Yard (BY)
· ~%01 ....... ~....... Page7-19
Expressway Buffer~'(EB) ~ . Loaclihg(r D~'
· EB-0~I ,..i,~...... ~ag~7~24 LD~I .......-...:... Page7-44
E~v~0nmenta {ENi ' ~E~t~nces/Drives(ED)
· EN:0~ . ...... ~... Pa~e7~5 ED~ ~:...,:~...... PageT~
F ~odp ain ~P) Vision Cle~mn~ ~C}
· FP~ .:,.. ......... page 7-27 ~V~ ..........~.. Page 7-47
PeEo~ance (P~ ~el~om~pnication
. PFC1 ...... L.~.. Page7:~ Faciliti~ ~
Lighting (LT) · ~C~1 ............... Page 7-48
· LT-01 ................. Page 7-31
Temporary Signs (TS)
· TS-02 ............... Page7-34
Parking {PK)
· PK-05 ............... Page 7-40
· PKu06 ............... Page 7-41
, PK-07 ............... PageT-~
· TC~3 ............... Page 7-5~
Special Exception (SE)
SE-0~ .............. Page7-54
Misce aneous MC)
· MC-02 ....,.~i...- Page 7-55
· MC-04 .............. Page7-55
· MC-05 ............. Page 7-55
· MC-06 .............. Page 7-55
Article Four: Institutional and Commercial Zoning Districts 4-1 'J
"11" District
4.19 "11" District Intent, Permitted Uses, and Special Exception Uses
4-20
Je ffersonville Zoning Ordinance
"11" District
4.20 "11" District Development Standards
Lot Wiotn
Line
rdinimum Lot Area:
· 2 acres (87.120 souare feet)
Minimum Lot Width:
· 200 feet
Maximum Lot Depth:
· 3 times me Lot Width
Minimum Lot Frontage:
· 100 feet on a Public Street with
access from said Public Street
Sewer and Water:
· Requires munic 3al water and sewer
hookuo
Side
Yard
Minimum Front Yard Setback:
· 35 feet when adjacent to an Arterial
· 25 feet when adjacenr To a Local
Street
Vlinimum Side Yard Setback:
· 30 feet for the Pr[mary and Accessory
Structures
Minimum Rear Yard Setback:
· 30 feet for the Primary and Accessory
Structures
Line
Maximum Lot Coverage:
· Square feet of all primary and
accessory structures and irnoerv~ous
surface cannot exceed 60% of the Lot
Area
Maximum Structure Height:
· 45 feet for the Primary StrucTure
· 35 feet for Accessory Structures
· Lot, Yard, and Density (LY)
LY~)I ,.,. ........ ~:~ i~tg~ 7-3
· Height ~Rt
RT-~I ........... Page 7:4
· Accessory Structure (AS)
^~{31 ......... PageT-5
· Temporary Uses {TU)
~TTU4:)I ....... . .......... Page7*9
TU*03 .......... PageT-9
Pub c Improvemen~ Pi)
· PI-01 ........... Page7-13
· Landscaping (LA)
· LA-01 ....... ..,L... page 7-14
.LN02 .. ~......~... Page7-15
LAq)3 ........... .. P~geT-~7
· Buffer Yard (BY)
BY:01 ......... Page7-19
Ex~)tessway Buffer (EB) Loading (LD)
· EB-01 ............ Pa{~e7 24 LDOl ................ Page7-44
Enykonmenta (EN) Entrances/Drive~:lED)
· ENZd~ ....... PageT-25 · E~!,. ,~..~i;i~ ;,,,P~ige 7 45
Floodl~lmn (F¢) Vision Clearapce_0/~!
· FP-01 ............... Page7-27 .VC-0t .............. PageT-47
Pen~ormance (PF)
· Pr-01 ........ ~'_.... Page7-30
· Lighting (LT)
LT--01 ............... Page7-31
·
Temporary Signs {TS)
· TS4)2 ................ PageT-34
· Permane~t Stg~s;(-PS)
PS.06` ~..L:;~.~.... Page 7-38
~ PK-0~ ............. PafleT-4~
PK-07 ............. PageT-48
Telecommunication
Facilities {TC)
· TC*0t ............... Page 7-48
· TC-04 ............... Page 7-52
· Special Exoepti0~ ~SE)
SE-01 ............... Page7-54
· Miscellaneous (MC)
MC-02 .......... ,.. Page7~55
· MC-0~ ,...~ ......... Page '/-55
~ MC-05 ..... :.: ... PageT-55
MC-06 ........... ~'Page7-55
Article Four: Institutional and Commercial Zoning Districts 4-2t
"12" District
4.21 "12" District Intent, Permitted Uses, and Special Exception Uses
4-22 JeffersonVitle zoning Ordinance
"12" District
4.22 "12" District Development Standards
~' Lot W~d~ /
Area
Line
] Lot Frontage R.O.W.
R.O.W. = As De§r~l on 33 oroughfare Plan
Minimum Lot Area:
· 3 acres (130,680 square feet)
Minimum Lot Width:
· 250 feet
Maximum Lot Depth:
-3 times the Lot Width
Minimum Lot Frontage:
· 50 feet on a Public Street with access
from said Public Street
Sewer and Water:
· Requires municipal water and sewer
hookup
Side
Yard
Minimum Front Yard Setback:
· 35 feet when adjacent to an Arterial
· 25 feet when adjacent to a Local
Street
Minimum Side Yard Setback:
· 30 feet for the Primary and Accessory
Structures
Minimum Rear Yard Setback:
· 30 feet for the Primary and Accessory
Structures
Maximum Lot Coverage:
· Square feet of all primary and
accessory structures, and impervious
surface cannot exceed 65% of the Lot
Area
Minimum Main Floor Area:
· 5,000 square feet for Primary Struc-
tures (cell towers are exempt from
this requirement)
Maximum Structure Height:
· 35 feet for the Primary Structure
· 25 feet for Accessory Structures
Lot, Yard and Density (LY) ExpressWay Buffer {EB) · Lp~ ng (LD)
· LY-01 .................. P~ge7-3 · EB-01 ............... Page 7-24 ED:01 ... ........... ~ Page7-44
Height (HT) Env[r0nmental (EN) . EntrancaslDrive~(ED)
· HTr1 .................. Bag~7-4 · EN-O1 ..... ........ PageT-25 ,ED-0~ .~.........-.. page7~5
Accessory Structu re (AS) F oodplain (FP) . viSi~)h~i~a C)
· A8-01 ..... L~ Page 7-~ · FP-01 ............... Page7-27 VC~1 .............. Page7-47
· Fences and Wa S(FW) Performance (PF) Tele?.~m~mication
FWd)2 ............... Page7=8 · PF-01 ............... Page7-30 Facihbes ~)
· Temporary Uses ~U)
TU-01 .................. Page7-9
· Lighting (LT)
LT--01 ................. Page 7-31
· TC-01 ............... Page7-48
· TC~)4 ............... Page 7-52
'TU~O3 ......... '"'~'"' Page~-9 · General Signs (GS) · Adult Uses (AU)
Public Improvement' (i51) GSa01 .............. Page 7-32 AU-01 .............. Page 7~3
· PNOl ................ PageT-13 . Temporary Signs (TS) .Specia[Excaption (sE)
TS~2 ................ PageT-34 SE-01 ............... PageT-54
· Landscaping (LA)
LA~]I ... ............. Pa§e7-14 Permanent Signs (PS) ·MiscellaneOus(MC)
· LA4)2 .......... ., ~ageT-~l~ · PS-06 .............. Page 77'38 ??:~, . .......... ~age7~-~
· LA..03 ............... j~ge 7-:~? parking (PK) . ~?-74_..: ........... ~age L ..-,~,'
Buffer Yard (B~~ · PK-05 ....... PageT-40 MU-Ob ............. ~age/-o3
· BY-01 Page7-~9 ~ PK-06 ............... Page 7-41 · i~C-06 .............. PageT,55
, ~K-~07. ............. Page7-43
Article Four: Institutional and Commercial Zoning Districts 4-23
4-24 ]effersonvil]e Zoning Ordinance
Article Five
Overlay Districts
"CC-OL" District
5.1 District Intent, Permitted Uses and Miscellaneous Standards
All proposed developmen~ ih ;this
District requi(e
review as defined ii~ A~ti~l~ Nine 0~
this Ordinance_
District Standar~
IoAII 8i§trict stai~d~fs~ as per th'e Base
Zone Di~tdbt.
5-2 Jeffersonville Zoning Ordinance
"UP-OL" District
5.2 District Intent Permitted Uses, and Miscellaneous Standards
one Distric~
Minimum FrOnt Yard Setback
75 feet
Article Five: Aesthetic Review Overlay District : 543
"WH-OL" District
5.3
District Intent, Permitted Uses and Miscellaneous Standards
5-4 Jeffersonville Zoning Ordinance
Article Six
Zoning Map
6.1
6.2
Official Zoning Map
The "Jeffersonville Zoning Map" is hereby included as part of this ordinance. The zoning map shall be
formally known as the "Jeffersonville Zoning Map" and it may be cited and referred to as the "Official
Zoning Map" or the "Zoning Map."
Official Zoning Map Copies
Copies of the Official Zoning Map may be made and distributed to interested persons. The Official
Zoning Map Copies shall be labeled as copies and have the date which they were last modified printed on
them.
6.3 Location of the Official Zoning Map
The Official Zoning Map will be located in the office of the Planning Director.
6.4 Zoning District Boundaries
The Zoning District boundaries shall be shown on the Official Zoning Map. The abbreviations for the
zoning districts appearing in this ordinance shall be used to identify the zoning districts on the map.
Planned developments shall be shovm on the map by abbreviations as noted in this ordinance and shall also
be identified by the number and date of passage of the Ordinance approving the Planned Development.
6.5 Regular Revisions
The Official Zoning Map should be formally revised annually, or as the Plan Commission determines
necessary. During interim periods of time, hand drawn lines and text on the Official Zoning Map will be
appropriate to note zoning changes. Copies may be made after the amendments are noted, and each copy
shall be noted as an update with the "date last changed" noted on the map. Other revisions may be made
to correct drafting or other errors and omission in the prior map, but shall not have the effect of amending
the Official Zoning Map except as adopted by the City Council.
6.6 Damaged, Destroyed or Lost Official Zoning Map
In the event that the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret due to
the nature or number of changes, the City Council may, by resolution, adopt a new Official Zoning Map
which shall, to the extent possible, duplicate the accuracy of the damaged, destroyed or lost map.
6.7 Official Zoning Map Standards
District boundaries on the Official Zoning Map shall be interpreted as follows:
A. District boundaries shown within or parallel to the lines of roads, easements, and transportation right-
of-ways shall be deemed to follow the center line of the affected road, easement, or right-of-way.
B. District boundaries indicated as following section or fractional sectional lines, platted lot lines, or city or
to~vn corporation lines shall be construed as following such lines.
C. District boundaries indicated as parallel to section or fractional sectional lines, platted lot lines, city or
town corporation lines, shall be construed as parallel to the affected line.
D. District boundaries indicated as approximately following the center line of streams, rivers, or other
bodies of water shall be construed to follow such center lines.
E. Where a district boundary line divides a lot at the time such line is adopted, the regulations for the less
restricted portion of such lot shall extend not more than twenty-five (25) feet into the more restricted
portion, provided the lot has frontage on a street in the less restricted district. Further, the exact
location of where the line crosses the property shall be determined by the Planning Director.
6-2 Jeffersonville zoning Ordinance
F. The vacation of streets shall not affect the location of the district boundaries.
G. When the Planning Director cannot definitely determine the location of a district boundary bY the
center lines, by scale or dimensions stated on the Official Zoning Map, because the boundary does not
clearly coincide with a property line, the Director may refuse action and the Plan Commission may
interpret the location of the district boundary with reference to the scale of the Official Zoning Map
and the purposes set forth in all relevant provisions of this Ordinance.
Article Six: Zoning MaP 6-3
Article Seven
Development Standards
Article Seven
Development Standards
7.1 Introduction
All structures, buildings, land uses, land use changes, structural alterations, structural relocations, demolitions,
structural additions, and structural enlargements that are constructed, created, established, or occur after the
effective date of this ordinance (except as may otherwise be provided within this ordinance) are subject to all
development standards and regulations for the applicable zoning district.
7.2 Development Standards that Apply
Under the sections in this article are Development Standards which are arranged by category. To determine
which development standards apply to the subject Zoning District, refer to the "Additional Development
Standards that Apply" section on the Two-Page Layout for that subject Zoning District. The four digit codes
noted in the "Additional Development Standards that Apply'* sections for each Zoning district can be found in
the sections below. Only the four digit codes noted in the "Additional Development Standards that Apply" section
apply to that Zoning District.
[As an example, on page 4-6, the four digit code "LY-01" can be found under the "Additional Development
Standards that Apply" section in the Neighborhood Commercial (NC) District. Therefore, the Development
Standards following the section below labeled "LY-01" (on page 7-3) would apply to Neighborhood Commer-
cial (NC) Districts.]
7-3 (LT) .....
... 7.,45
...... 7.47
7-2
Jeffersonville Zonin~ Ordinance
Lot and Yard Standards (LY)
7.3 Lot, Yard and Density Standards (LY)
' LY-01: This Lot, Yard and Density Standards section applies to the following districts:
No building or structure shall be erected or changed unless such building or structure conforms to the
Lot, Yard and Density Standards for the district in winch it is located. Also, no building or structure
shall be altered, enlarged or reconstructed unless such akeration, enlargement, or reconstruction
conforms with the Lot, Yard and Density Standards of the district in winch it is located. The follow-
ing Lot, Yard and Density Standards apply to the District when it is found on the Two-Page Layout in
Articles 3 and 4. If the a type of Lot, Yard and Density Standard does not appear on the Two-Page
Layout for a District, it does not apply to that particular District. The Lot, Yard and Density Stan-
dards that may be found in this Ordinance include:
A. Minimum LotArea
B. Maximum LotArea
C. Minimum Lot Width
D. Maximum Lot Depth
E. Mimmum Dwelling Site Area
F. Minimum Dwelling Site Width
G Minimum Lot Frontage
H. Sewer and Water
I. Minimum FrontYard S¢tbacks
J. Minimum Dwelling Site Front Yard Setbacks
K. Minimum SideYard Setbacks
L. Maximum Side Yard Setbacks
M. Minimum Dwelling Site Side Yard Setbacks
N. Minimum Rear Yard Setbacks
O. Minimum Dwelling Site Rear Yard Setbacks
P. Minimum Lot Coverage
Q. Maximum Lot Coverage
R. Maximum Density
S. Minimum Main Floor Area
T. Maximum Main Floor Area
U. Minimum Floor Area Per Unit
Buildings or structures are not permitted within any setback. Parking lots are allowed to project into
the front and side yard setbacks in commercial districts. Driveways are considered exempt from
setback requirements.
Article Seven: Development Standards 7-3
Height Standards (HT)
7.4 Height Standards (HT)
HT-01: This Height Standards section applies to the permitted uses within the following districts:
No structure may be erected or changed so as to make its height greater than specified in its appli~
cable Zoning District, except as noted below:
A. Church steeples,
B. Municipal water towers, and
C. Chimneys
The above specified height exceptions may exceed the permitted height regulations by twofold (x2)
or sixty (60) feet; whichever is less.
Additional exceptions to height standards include:
A. Necessary mechanical appurtenances, and
B. Elevator bulkheads
These above specified height exceptions may exceed the permitted height standards by up to fifteen
(15) feet, but must be shielded from view by design features of the building.
7-4 leffersonville Zoning Ordinance
Accessory Structure Standards (AS)
7.5 Accessory Structure Standards (AS)
AS-01: This Accessory Structure Standards section applies to the permitted uses within the following districts:
A. Accessory Structures shall comply with all Development Standards for the subject Zoning
District.
B. Accessory Structures must relate to the Primary Structure and its uses.
C. Accessory Structures may not encroach on any platted easement unless the ovmer of the
easement gives written consent.
D. Enclosed structures such as detached garages, mini-barns, barns, pool houses, etc. are counted
toward the total accessory building area. Unenclosed structures such as gazebos, picnic shelters,
etc. are not counted.
E. Dumpsters, compactors, and all other trash recepticles must be enclosed and screened as per
7.27 MC-07 in tins Ordinances.
F. An accessory structure may only be located to the rear or side of the primary structure unless as
specified in 7.5 AS-01(H).
G Antennas or Satellite Dishes are only permitted to the rear of the primary structure.
H. Swimrmng pools, hot tubs, mini barns, campers, recreational vehicles, bath houses or saunas may
only be located to the rear of the primary structure except in the case of comer or through lots; in
that instance, the structures may be placed on the side of the primary structure.
I. No mobile home or manufactured home may be used as an accessory structure in any district
unless otherwise permitted in this ordinance.
Article Seven: Development Standards 7-5
Accessory Structure Standards (AS)
(continued)
AS-02: This Accessory Structure Standards section applies to the permitted uses within the following
districts:
A. Accessory Structures are not permitted on a lot prior to any Primary Structure being constructed
except where the accessory structure is being used for personal storage or agricultural purposes.
B. The following Accessory Structures are permitted, but must abide by all applicable standards:
· antennas or satellite dishes
· bath houses or saunas
· decks
· garages
gazebos
greenhouses, private
hot tubs
mini barns
storage building
pole barn
agricultural buildings
sheds
boat docks
sport courts
carports
swimming pools (s~vimming pools must abide by 675 IAC 20)
C. Accessory Structures are not deemed to include swingsets, doghouses, treehouses, playhouses,
and other such incidentals except as otherwise stated in this Ordinance.
D. No more than three (3) Accessory Structures are permitted on a lot.
E. An Accessory Structure cannot exceed one-thousand (1000) square feet or one-hundred percent
(100%) of the square foot~ge of the primary structure, whichever is less.
AS-03: This Accessory Structure Standards section applies to the permitted uses ~vithin the following districts:
A. The following Accessory Structures are permitted and shall abide by all applicable Standards:
antennas or satellite dishes
decks
gazebos
storage buildings
sheds
dumpsters
restroom facilkies
B. Accessory Structures are not allowed on a lot prior to a Primary Structure being constructed.
C. No more than t~vo (2) Accessory Structures are permitted on a lot.
7-6 Ieffersonville Zoning Ordinance
Accessory Structure Standards (AS)
(continued)
AS-04: This Accessory Structure Standards section applies to the permitted uses withn the follo~hng district:
A. Management offices, sales offices, storage, mini-warehouses, laundry, dry cleaning facilities, and
other structures customarily incidental to manufactured home parks or mobile home parks are
)ermitted, provided the following criteria are met.
a. The Accessory Structure is subordinate to the residential component of the park and adds
aesthetic value to the park;
b. The Accessory Structure is located, designed and intended to serve only the needs of the
park; and
c. The establishments located within the Accessory Structure present no visible evidence of their
business nature to areas outside the park.
B. Each manufactured home or mobile home is entitled to one (1) accessory structure in addition to
a carport or garage. Attached or detached garages, and carports are to be counted toward the
total accessory building area. The total area of all accessory structures may not exceed twenty
,ercent (20%) of the dwelling site. Permitted accessory structures are as follows:
decks/patios
attached/detached garages
gazebos
greenhouses
hot tubs
mini bams
sheds
sport courts
boat houses
C. Model manufactured or mobile homes as sales units are permitted provided that the number of
model homes is limited to five percent (5%) of the authorized number of dwelling sites in the
park. Model homes must comply- with all standards set forth in the MP District. One (1) unit may
be used as a sales office.
Article Seven: Development Standards :-7- /
Fence and Wall Standards (FW)
7.6 Fence and Wall (FW)
FW-01: This Fence and Wall Standards section applies to the following districts:
FW-02:
All fences and walls:
A. Must present the non-structural face outward.
B. Are permitted up to the property line.
C. May not be greater than six (6) feet in height in the side yard and rear yard or greater than three
(3) feet in height in the front yard.
D. May not be closer than two (2) feet to any public right-of-way.
E. May not be placed within the vision clearance triangle as defined in 7.23 Vision Clearance
Standards.
F. May not incorporate security wire or sharpened top spikes.
This Fence and Wall Standards section applies to the following districts:
All fences and walls:
A. Must present the non-structural face outward.
B. Are permitted up to the property line.
C. May not be greater than eight (8) feet in height in the side yard and rear yard or greater than five
(5) feet in height in the front yard.
D. May not be closer than two (2) feet to any public right-of-way.
E. May not be placed within the vision clearance triangle as defined in 7.23 Vision Clearance
Standards.
7-8 ,le ffersonville Zoning Ordinance
Temporary Use/Structure Standards (TU)
7.7 Temporary Use/Structure Standards (TU)
TU-01: This Temporary Use/Structure Standards section applies to the following districts:
The following standards pertain to temporary uses or structures.
A. Temporary uses or structures that are intended to transition into a permanent use or structure
must meet all standards for a permanent use or structure. In the event theat the intent is not
noted upon the application, the transition to a permanent use or structure will not be permitted for
one (1) year from the application date.
B. The Planning Director may extend the duration ora temporary use or structure one (1) time with
fmdings of substantial need. The duration of the extension cannot exceed the lengths of the
permitted time without the application for another temporary use or structure permit.
C. All temporary uses or structures must be removed and the original site reverted to its original
condition, and be completed within the duration of the permit.
TU-02: This Temporary Use/Structure Standards section applies to the following districts:
The following temporary uses are permitted as described below.
A. Garage/yard sales are permitted for a total of seven (7) days per calendar year, per lot. No
permit is required unless the applicant wishes to exceed the permitted duration.
B. Children's roadside stands are permitted for a total of twenty-one (21) days per calendar year,
per lot. No permit is required unless the applicant wishes to exceed the permitted duration.
C. Tents for a private party or event are permitted for a total of seven (7) days per calendar year,
per lot. No permit is required unless the applicant wishes to exceed the permitted duration.
D. Construction trailers are permitted for up to twelve (12) months. A temporary improvement
location permit is required.
TU-03: This Temporary Use/Stmcture Standards section applies to the following districts:
The following temporary uses are permitted as described below.
A. Construction trailers are permitted for up to twelve (12) months. A temporary improvement
location permit is required.
B. A roadside sales vehicle or structure is permitted for up to three (3) months up to two (2) times
per calendar year, with permission of the property owner. A temporary improvement location
permit is required.
C. Outdoor sales or events (i.e. tent sale, product specials, seasonal sales) are permitted for up to
fourteen (14) days, up to two (2) times per calendar year. A temporary improvement location
permit is required.
D. Roadside sales of fireworks are not permitted under any circumstances.
Article Seven: Development Standards 7"'~'
Home Occupation Standards (HO)
7.8 Home Occupation Standards (HO)
HO-01 This Home Occupation Standards section applies to the folloxving districts:
Home Occupation # 1: The intent of the Home Occupation # 1 provisions are to allow minimal
business practices within certain Zoning Districts. Further, the intent is to protect the district's
character or function. To regulate reasonable business practices and character, the following
development standards apply:
A. The home occupation must not involve retail sales or manufacturing operations.
B. The home occupation must not involve the employment of any person other than those residing at
the location of the home occupation.
C. The equipment used for the business must be limited to computers, fax machines, telephones,
copy mackines, and other small equipment.
D. There may not be any exterior storage or display of products, equipment or materials used in
connection with the home occupation.
E. No more than twenty-five percent (25%) of the total floor ama of the primary structure may be
used for the home occupation.
F. There may not be any exterior, structural or aesthetic alterations to the dwelling unit to accommo-
date the home occupation.
Ca There may not be any room additions, structural or aesthetic alterations that change the residen-
tial character of the dwelling unit.
H. There may not be additional entrances to the dwelling unit for the purpose of conducting business
or to accommodate the business.
I. Accessory structures may be used provided the use does not create a nuisance.
$. The home occupation may not generate any additional traffic.
K. No signage for the business is allowed on or offthe property.
L. The home occupation may not create electrical interference, odors, noise, vibration, light, smoke,
fumes, or any other offensive problems.
M. The home occupation may not demand increasing or enhancing the size, capacity, or flow of the
water, gas, septic, sewer, or electrical systems beyond what is standard for a residence.
N. No additional parking may be added to the lot(s) on which the residence is located to accommo-
date the home occupation.
O. Use of commereial vehicles for pickup and deliveries other than from the U.S. Postal Service,
UPS, and other express couriers is not permitted.
Home occupation uses that meet the above described standards are deemed permitted until the Plan
Commission rules the use to be a nuisance, or until one or more of the adjacent neighbors petition to
the Commission that the use is a nuisance and the Commission rules it to be so thereby prohibiting
the use. The following types of business are not permitted as home occupations:
A. medical clinics ofanykind,
B. retail dress shops,
C. funeral homes,
D. tourist homes,
E. ammal hospitals,
F. kennels,
Ca trailer rentals,
H. automobile, motor vehicles, equipment repair of any kind,
7-I 0 Je ffersonville Zoning Ordinance
Home Occupation Standards (HO)
(Continued)
I. painting of antomobiles, motor vehicles, or equipment of any kind,
J. photo developing,
K. television, radio or other electronics repair,
L. tooling, welding, or machining ofanykind,
M. retail or manufacturing of any kind,
N. tool or equipment rental of any kind,
O. restaurants or similar establishments,
P. salvage operations of any kind,
Q. freight or trucking operations of any kind,
R. contractors business, and
S. landscaping/lawncare business.
HO-02 This Home Occupation Standards section applies to the following districts:
Home Occupation #2: The intent of the Home Occupation #2 provisions are to allow reasonable
business practices within certain Zoning Districts. Further, the intent is not to allow the loss of the
district's character or function. To regulate reasonable business practices and character, the follow-
ing development standards apply:
A. The home occupation must not involve the employment of any mom than one (1) person who is
not related and does not reside at the location of the home occupation.
B. At least one (1) member residing on the premises must be the primary operator of the busiaess
and that business must be that person's primary work.
C. There shall not be any use of mechanical equipment other than what is usual for purely domestic
or hobby purposes.
D. There must not be any exterior storage or display of equipment or materials used in connection
with the home occupation.
E. No more than twenty-five percent (25%) of the total floor area of any level of the primary
structure shall be used for the home occupation.
F. There shall not be any exterior structural or aesthetic alterations to the dwelling unit to accommo-
date the home occupation.
G There shall not be any room additions or other structural/aesthetic alterations that change the
residential character of the dwelling unit.
H. There shall not be an additional entrances to the dwelling unit for the purpose of conducting
business or to accommodate the business.
I. Business practice in all Accessory Structures is not permitted.
I. Minimal traffic generation due to the business will be permitted.
K. A small sign not exceeding two (2) square feet will be allowed on the primary structure. No off-
site signs or signs inthe yard of the property shall be permitted.
L. No business practice, function, equipment, or process shall create electrical interference, odors,
noise, vibration, light, smoke, fumes, or any thing offensive beyond the property lines for the
Dwelling Unit.
M. No home occupation that demands increasing or enhancing the size, capacity, or flow of the
water, gas, septic, sewer, or electrical system beyond what is standard for a residence will be
allowed.
N. No additional parking may be added to the Lot(s) the residence is located on to accommodate the
home occupation.
Article Seven: Development Standards 7-11
Home Occupation Standards (HO)
(Continued)
O,
Use of commercial vehicles for pickup and deliveries other than from the U.S. Postal Service,
UPS, and other express couriers is not permitted.
P. The permitted uses shall be limited to domestic crafts, professional service, catalog businesses,
and interuet businesses, including but not limited to:
a. dressmaking,
b. sewing,
c. weaving,
d. tailoring,
e. honing,
f. washing,
g. computer/internet based sales,
h. catalog order business,
i. furniture repair,
j. hair grooming - one (1) chair,
k. home office for a lawyer, doctor, architect, engineer, accountant, or planner,
1. home office for a real estate, insurance, notary' public, or manufacturer's agent,
m. office for clergy,
n. art studio, writing studio, music studio, photography studio, and
o. teaching art, writing, or music for one student at one time.
Q. The following types of business shall not be permitted:
a. medical clinics of any kind,
b. retail dross shops,
c. funeral homes,
d. tourist homes,
e. animal hospitals,
f. kennels,
g. trailer rentals,
h. automobile, motor vehicles, equipment repair of any kind,
i. painting of automobiles, motor vehicles, or equipment of any kind,
j. photo developing,
k. television, radio or other electronics repair,
1. tooling, welding, or machining of any kind,
m. retail or manufacturing of any kind,
n. tool or equipment rental of any kind,
o. restaurant or similar establishment,
p. salvage operations of any kind,
q. freight or trucking operations of any kind
r~ contractors business, and
s. landscaping/lawncare business.
R. Permitted uses are deemed so until the City Council, Commission or BZA rule the use to be a
nuisance, or until all adjacent neighbors petition to the City that the use is a nuisance.
$. Uses not specifically mentioned will be interpreted by the Planning Director or BZA as to
whether the use is permitted or not.
7-1 2 Jeffersonville Zoning Ordinance
Public Improvement Standards (PI)
7.9 Public Improvement Standards (PI)
PI-O]:
This Public Improvement Standards section applies to the following districts:
The following public improvement standards apply:
A. Developments are permitted only if the public streets, drainage facilities, and utilities are adequate
to serve the proposed development. Any public streets which will carry the increased traffic
from the development must be adequate to accommodate such traffic.
a. Drainage facilities and public utilities must have sufficient capacity to serve the development.
b. The Planning Director or his/her designee must make a determination as to needed street and
drainage improvements.
c. The Planning Director or his/her designee must make a determination as to needed utility
improvements.
d. When public improvements are required, the developer or authorized representative is required
to post performance and maintenance guarantees for such improvements in a manner speci~
fled in the Subdivision Control Ordinance.
B. All private streets must be constructed to the public street standards set forth in the Subdivision
Control Ordinance.
C. Manufactured or Mobile Home Parks must be in accordance with IC 16-11-2%1 et. seq., Rule
410 IAC 6-6 and their subsequent amendments, the State Board of Health requirements, and the
requirements of this Ordinance.
Article Seven: Development Standards 7-13
Landscaping Standards (LA)
7.11 Landscaping Standards (LA)
LA-O l: This Landscaping Standards section applies to the following districts:
Landscaping is an essential part of the design and development of a site. Landscape plantings are a
benefit to the environment, public health, air quality, safety, comfort, convenience and general
welfare of the community. These standards will result in the reduction of storm water runoff, glare,
and heat buildup. They may reduce energy costs in structures and will improve the aesthetics of the
community. The following general standards apply.
A. N(~ landscaping materials; shrubs, trees, retaining walls, lighting, or mounds may extend into any
exmtmg or proposed right-of-way without permission from the Jeffersonville Board of Public
Works and/or the City Engineer.
B. No landscaping materials, trees, retaining walls, lighting, or mounds may extend into any existing
or proposed easement without the written permission from the easement holder.
C. Trees, vegetation, irrigation systems, fences, walls and other landscape elements are considered
elements ora project in the same manner as parking and other site details. The applicant and/or
landowner and their successors in interest are responsible for the regular maintenance of all
landscaping elements so that they are kept in good condition. All landscaping shall be maintained
free from disease, pests, weeds and litter. All landscape structures, such as fences and walls,
shall be repaired and replaced periodically to maintain a structurally and aesthetically sound
condition.
D. Nothing in these standards shall preclude the use and enjoyment ora wildlife area that is certified
by a state or nationally recognized organization.
E. Any landscape element required by this Ordinance, the Plan Commission, or the Board of Zoning
Appeals that dies, or is otherwise removed, must be replaced within sixty (60) days of death or
removal or be subject to fines and penalties as a civil violation. The Planning director may grant
an extension due to weather to comply, but not more than thirty (30) days in total.
F. Under no circumstances may the species identified and listed in Schedule 1 - Pest Plants or any
artificial plant be installed and/or counted as part of the minimum plantings required by use or
parking lot plantings.
Schedule I Pest Plants
Scientific Name Common Name
~e~ ~ A
A~r;PI~i jd~s No pie
~yg aS ~a Jab kno~sfl
Bb da
Rha ¢~ri D
RfiamfiU*~ 81a Alder b~:~horn
7-14 ]effersonville Zoning Ordinance
Landscaping Standards (LA)
(continued)
G Nothing in these standards shall preclude the use and enjoyment of a wildlife area that is certified
by a state or nationally recognized organization.
H. All site plans must contain the species and caliper size at DBH o£all existing trees, bushes and
significant plants.
I. Care should be taken to attempt to preserve all trees with a caliper size of twenty-four (24)
inches or greater.
LA-02: This Landscaping Standards section applies to the following districts:
Minimum Plantings Required by Use:
USE TYPE NUM. PER SIZE
Single Family Deciduous 3 lot < 10,000 sq. ft. and 1 per 2" caliper
(option 1) additional 10,000 sq. ft.
'Single Family Deciduous, and 2 lot <10,000 sq. ft. and 1 per 2" caliper
additional 10,000 sq. ft.
(option 2) Evergreen 1 lot < 10,000 sq. ft. and 1 per 6 feet tall
additional 10,000 sq. ft.
Multiple Family Deciduous, and 1 2 dwelling units 2" caliper
Evergreen, and 1 2 dwelling units 6 feet tall
Flowering Ornamental, and 1 4 dwelling units 6 feet tall
Foundation Plantings. 1 12" tall
retail Commercial Deciduous, and 1 1000 sq. ft. floor area 2" caliper
Not DC district) Evergreen; and 1 1000 sq. ft. floor area 6 feet tall
Flowering Ornamental, and 1 1000 sq. ft. floor area 6 feet tall
Foundation Plantings. 1 18" tall
Office Commercial Deciduous, and 1 1000 sq. ft. floor area 2" caliper
(Not DC district) Evergreen, and 1 ~ 1000 sq. ft. floor area 6 feet tall
Dmamental, and 1 1000 sq. ft. floor area 5 feet tall
Foundation Plantings. 1 10 in. ft. of perimeter 18" tall
Institutional Deciduous, and 1 1000 Sq. ft. floor area 2" caliper
(Not DC district) Evergreen, and 1 1000 sq. ft. floor area 6 feet tall
Flowering Ornamental, and 1 1000 sq. ft. floor area 6 feet tall
Fou 1 18" tall
Industrial Deciduous, and 1 3000 sq. ft. floor area 2" caliper
(Not DC district) Evergreen, and 1 3000 sq. ft. floor area 6 feet tall
(Not NI district) Flowering Ornamental, and 1 3000 sq. ft. floor area 6 feet tall
Foundation Plantings. 1 30 In. ft. of perimeter !4" tall
A. All tree caliper's must be measured at DBH.
B. The plantings required to meet Buffer Yard or Parking lot standards may not be counted toward
this minimum landscaping requirement listed above.
C. The use of species native to the region is encouraged. A reduction of up to twenty percent
(20%) of the total number of trees or shrubs required may be granted by the Planning Director if
eighty percent (80%) or more of the trees and/or shrubs to be planted are native species as
identified and listed in Schedule 2.
Article Seven: Development Standards 7-15
Landscaping Standards (LA)
(continued)
Schedule 2 Native Plante
Scientific Name Comraon Name
~,-er r
h~ n i
* ~Jack
Q
P/at c6~erit~!is: ; ..... ~y
Scientific Name Common Name
Am~Ch e~arS~ea ~gwn
C~ f Ofi~;: E|~we~rffg d
/Gray dog od
$~ i COral:
yiF~n ~, ~;;; A azbl
Ca[ ~a~Un a nb
Scientific Name Common Name
Scientific Name Common Name
l! I
7-1 ;5 Je ffer$onville Zoning Ordinance
Landscaping Standards (LA)
(continued)
D.
Any existing deciduous tree over six (6) inches in caliper at DBH counts as three (3) new trees
of the same "type"; and any existing evergreen tree over ten (10) feet tall counts as two (2) new
trees of the sanae "type".
E. Existing vegetation on site may be counted toward the minimum landscaping requirements if it
meets or exceeds the above size requirements, and is in good health.
F. Plantings within a certified wildlife area may be counted toward the minimum landscaping
requirements if they meet or exceed the above size requirements.
G Orange construction fencing must be installed during construction at or beyond the dripline of
each tree to be preserved and be marked "Do Not Remove" on the site plan. This requirement
may be waived by the Planning Director
H. Any trees marked "Do Not Remove" on the site plan that are removed or injured beyond repair
will be subject to civil violations as outlined inArticle 13. Each tree removed or injured shall be
considered a single civil violation.
I. All foundation plantings must be within ten (10) feet of the structure's foundation and should
consist of shrubs, ornamental shrubs, ornamental plants, or fiowering plants.
I. Substitutions of minimal plantings required (table above) must be reviewed and approved bY the
Planning Director and must be equal to or greater than that which is required.
LA-03: This Landscaping Standards section applies to the following districts:
Minimum parking lot and perimeter standards:
A. Trees must be provided at a ratio of one (1) tree per twenty-five (25) lineal feet along a public
street and one (1) tree per thirty-five (35) lineal feet along a side and rear lot line setback area.
Trees may be spaced irregularly in informal groupings or be uniformly spaced, as consistent with
larger overall planting patterns and organization. Perimeter landscaping along a street may be
located in, and should be integrated with, the streetscape in the street right-of-way. Plantings
within the right-of-way require permission from Jeffersonville Board of Public Works
B. Parking lots with six (6) or more spaces must be screened from adjacent uses and the street.
Screening must consist of an earthen berm, plant material or a combination of such elements
which must have a minimum height of thirty-six (36) inches. The screening must extend a
minimum of seventy percent (70%) along the street frontage and rear and side lot lines.
C. To eliminate excessive heat build-up and emission from large parking areas, landscape islands
must be provided for every thirty (30) parking spaces. All landscape islands must be at least
three hundred (300) square feet in size, contain at least one six (6) foot tall tree that will exceed
thirty (30) feet when fully mature, and be designed such that any root ball ora tree is not within
four (4) feet of any edge of the island.
D. Plans submitted shall include a graphic depiction of the parking lot screening and islands as seen
from the street.
Article Seven: Development Standards 7-1 /
Landscaping Standards (LA)
(continued)
LA-04: This Landscaping Standards section applies to the following distriCts:
Minimum parking lot and perimeter standards:
A. Trees must be provided at a ratio of one (1) tree per twenty-five (25) lineal feet along a public
street and one (1) tree per forty (40) lineal feet along a side and rear lot line setback area. Trees
may be spaced irregularly in informal groupings or be uniformly spaced, as consistent with larger
overall planting patterns and organization. Perimeter landscaping along a street may be located
in, and should be integrated with, the streetscape in the street right-of-way. Plantings within the
right-of-way require permission from the Jeffersonville Board of Public Works.
B. Parking lots with six (6) or more spaces must be screened from adjacent uses and the street.
Screening must consist ora masonry wall, planter, earthen berm, plant material or a combination
of such elements, which shall have a minimum height of thirty-six (36) inches. Concrete block
fences are not permitted. The screening must extend a minimum of seventy percent (70%) along
the street frontage and rear and side lot lines. Plans submitted shall include a graphic depiction of
the parking lot screening as seen from the street.
7-1'8 ]e ffersonville Zoning Ordinance
Buffer Yard Standards (BY)
7.12 BufferYard Standards (BY)
BY-01: This BufferYard Standards section applies to the following districts:
The general purpose of a buffer yard is to soften the potential conflicts between potential uses in
one zoning district from the potential uses in another adjacent district by using distance, plantings,
fences, and mounds. The potential degree (or intensity) of conflict (or potential conflict) between
two Zoning Districts will determine the extent of Buffer Yard required.
The following Buffer Yard Standards apply to all bufferyards.
a. The Buffer Yard Standards only apply along the property lines where the two (2) conflicting
Zoning Districts meet.
b. The developer or owner of the subject property is responsible for installing the Buffer Yard.
c. The adjacent property owner does not have to participate in installing the Buffer Yard.
d. An irregular row and spacing of trees is preferred. However, trees shall be a maximum of
twenty (20) feet apart.
e. All deciduous canopy trees must have at least a two (2) inch caliper and all evergreen must be
six (6) feet in height when planted.
f. Trees, vegetation, irrigation systems, fences, walls and other landscape elements shall be
considered as elements of the project in the same manner as parking and other site details.
The applicant and/or landowner, and their successors in interest are responsible for the regular
maintenance of all landscaping elements so that they are kept in good condition. All landscap-
ing must be maintained free from disease, pests, weeds and litter. All landscape structures
such as fences and walls must be repaired or replaced periodically to maintain a structurally
sound and aesthetic condition.
g. If the applicant can produce evidence that the planting area is too wet for evergreen trees, the
applicant may substitute another type of tree as approved by the Planning Director.
h. Nothing in these standards precludes the use and enjoyment of a wildlife area that is certified
by a state or nationally recognized organization.
i. Plantings within a certified wildlife area may be counted toward the minimum landscaping
requirements if they meet the size requirements.
j. Any existing deciduous tree in the buffer yard and over six (6) inches in caliper at DBH
counts as three (3) new trees of the same "type"; and any existing evergreen tree in the buffer
yard over ten (10) feet tall counts as two (2) new trees of the same "type".
Article Seven: Development Standards 7-19
Buffer Yard Standards (BY)
(continued)
k. Under no circumstances may the species identified in Schedule 1 - Pest Plants be planted and/
or counted as part of a buffer yard planting.
Schedule I Pest Plants
~cientific Name Common Name
~Pi ~P~ne~ k0o~eed
P
n~[a ~l
1. Any buffer yard element required by this Ordinance, Plan Commission, or the Board of
Zoning Appeals that dies, or is otherwise removed, must be replaced within sixty (60) days of
death or removal or be subject to fines and penalties as a civil violation. The Planning director
may grant an extension due to weather to comply, but not more than thirty (30) days in total.
m. The use of species native to the region is encouraged. A reduction of up to twenty percent
(20%) of the total number of trees or shrubs required may be granted by the Planning Direc-
tor if eighty percent (80%) or more of the trees and/or shrubs to be planted are native species
as identified and listed in Schedule 2.
7-20 ]effersonville Zoning Ordinance
Buffer Yard Standards (BY)
(continued)
Schedule 2 Native Plants
Scientific Name Common Name
S;alba
~u , SC
;~ss~ Fdum~~
Fa~~ g~fpl~:~ Am
Scientific Name Co~on Name
A~l~6h ~e :~ e.,bcr~ '
cet~is Re~d
~ u~s~fq .... R~u~h Wo6~6~
~ G
Sy atus: co
Scle~fific Name Common Name
i Sil
U ~'ds ~ e
Scient~c Name Common ~a~e
Article Seven: Development Standards 7-21
Buffer Yard Standards (BY)
(continued)
C. The following matrix determines the type of Buffer Yard which must be installed as part of the
subject development. First find the Zoning District of the Subject Property (across the top).
Second, find the Zoning District of the Adjacent property (in the left column). Where the two
intersect on the matrix there is a letter (A, B, C, etc. ) or a blank space. When them is a blank
space no Buffer Yard is necessary. If an "A", "B", "C" or other letter is indicated in the matrix, a
Buffer Yard is mandatory'.
Adjacent Zoning District of Subject Property
District M1 M2 MP IS PR NC OC DC HC C1 C2 NJ I1 12
R1 D D A B G A D B B F lC C
R2 D D A B G A D B B F ~C C
R3 D D D B G A D B B F C C
M1 E E B G A D B B F C C
M2 E E B G A D B B F C C
MP E E B G A D B B F C C
IS A A A A E E F B C
PR A E E F B C
NC F B D
OC F B D
DC F B D
HC F B D
C1 F B D
C2 F B D
NI
I1
12
A = "A" Buffer Yard E = "E" Buffer Yard
B = "B" Buffer Yard F = "F" Buffer Yard
C = "C" Buffer Yard G = "G" Buffer Yard
D = "D" Buffer Yard
D. BufferYard "A":
a. An additional ten (10) feet of setback is required in addition to the normal setback.
b. One (1) deciduous canopy tree and one (1) evergreen tree must be planted for every twenty
(20) feet of contiguous boundary with the conflicting district.
c. All trees must be planted between five (5) and fifteen (15) feet from the property line that is
contiguous to the conflicting property.
E. BufferYard "B":
a. An additional twenty (20) feet of setback is required in addition to the normal setback.
b. One (1) deciduous canopy tree and two (2) evergreen trees must be planted for every twenty
(20) feet of contiguous boundary with the conflicting district.
c. All trees must be planted between five (5) and fifteen (15) feet from the property line.
7-22 Jeffersonville Zoning Ordinance
Buffer Yard Standards (BY)
(continued)
F. BufferYard "C":
a. An additional thirty-five (35) feet of setback is required in addition to the normal setback.
b. A row of deciduous canopy trees must be planted no more than twenty (20) feet apart from
one another.
c. Additionally, a five (5) foot tall fence, or five (5) foot tall undulating berm, or a row of ever-
green trees no more than twelve (12) feet apart will also need to be placed parallel to the
property line and at least five (5) feet from the deciduous canopy trees.
d. All trees must be planted between ten (10) and thirty (30) feet from the property line and
within the subject property.
G BufferYard "D":
a. An additional ten (10) feet of setback is required in addition to the normal setback.
b. A six (6) foot tall fence, or five (5) foot tall undulating berm, and/or a row of evergreen trees,
that are six (6) feet in height when planted and no more than twelve (12) feet apart, must also
be placed parallel to the property line.
H. BufferYard "E":
a. One (1) deciduous canopy tree and one (I) evergreen tree must be planted for every twenty
(20) feet of contiguous boundary with the conflicting district.
b. All trees must be planted between five (5) and fifteen (15) feet from the property line that is
contiguous to the conflicting property.
I. BufferYard "F":
a. A six (6) foot tall fence and/or a row of evergreen trees, that are six (6) feet in height when
planted and no more than twelve (12) feet apart, must be placed parallel to the property line.
b. All trees must be planted between five (5) and fifteen (15) feet from the property line which is
contiguous to the conflicting property.
J. BufferYard "G":
a. An additional fifteen (15) feet of setback is required in addition to the normal setback.
b. A six (6) foot tall fence, or five (5) foot tall undulating berm, and/or a row of evergreen trees,
that are six (6) feet in height when planted and no more than twelve (12) feet apart, must also
be placed parallel to the property line.
c. As the following conditions lessen in intensity, the buffer requirements may also lessen in
intensity.
1. Hours of operation.
2. Intensity/Brightness of lights.
3. Noise.
The Planning Director may waive or lessen these requirements up to seventy-five percent
(75%). Any waiver or lessening of the requirements may be appealed to the Plan Commis-
sion by an interested party within thirty (30) days of the decision by the Planning Directon
Article Seven: DeveloPment Standards 7-2J
Expressway Buffer Standards (EB)
7.13 Expressway BufferStandards (EB)
EB-01: This Expressway Buffer Yard Standards section applies to those properties within the following
districts which are adjacent to an expressway:
A. The intent of an expressway buffer yard is to mitigate and buffer land uses from the negative
effects of an expressway such as noise and safety concerns.
B. The Primary Structure must be a minimum of one-hundred (100) feet from the lot line that is
adjacent to the expressway. In addition the following buffer requirements apply:
a. Two staggered rows of deciduous canopy trees must be planted such that there is one tree
every (20) feet along the entire property line that abuts the expressway.
b. Additionally, a six (6) foot tall fence, or five (5) foot tall undulating berm, or a row of ever-
green trees no less than twelve (12) feet apart must also be planted parallel to the property
line and the evergreen trees must be at least twenty (20) feet from the deciduous canopy
trees.
c. All trees must be planted between ten (10) and forty (40) feet from the property line and
within the subject property.
C. Trees, vegetation, irrigation systems, fences, walls and other landscape elements shall be consid-
ered as elements of the project in the same manner as parking and other site details. The
applicant and/or landowner, and their successors in interest, are responsible for the regular
maintenance of all landscaping elements so that they are kept in good condition. All landscaping
must be maintained free from disease, pests, weeds and litten All landscape structures such as
fences and walls must be repaired and replaced periodically to maintain a structurally and
aesthetically sound condition.
D. Any landscape element that dies, or is otherwise removed, must be promptly replaced based on
the requirements of this Article.
E. The Planning Director may waive the requirements for a wall or berm if the expressway has a
natural or built feature that serves the same purpose.
7-24 Jeffersonville Zoning Ordinance
Environmental Standards (EN)
7.14 Environmental Standards (EN)
EN-01: This Environmental Standards section applies to thc following districts:
No land shall be used or structure erected where the land is unsuitable for such use or structure
due to pre-development slopes greater than twenty-five percent (25%), adverse soil or rock
formation, erosion susceptibility, low percolation rate or bearing strength, or any other feature
likely to be harmful to the health, safety, prosperity, aesthetics, and general welfare of the commu-
nity. In addition the following standards must be met:
A. Drainage and Surface Water: All development which requires official review and approval of
Plan Commission or its Plat Review Committee, Board of Zoning Appeals, Board of Public
Works and Safety, City Engineer or Building Commissioner is also subject to drainage review by
the Seffersonville Drainage Board as described in the Storm, Drainage, Erosion and Sediment
Control Ordinance (Ord #98-0R-36). Single family dwellings and two-family dwellings and
their accessory structures are exempt from drainage review. For those structures the following
regulations apply.
a. It is the responsibility of the owner of any lot or parcel of land developed for any use to
provide for adequate surface water drainage. Existing natural surface drainage must be
maintained. Whenever the natural surface drainage is inadequate the owner must provide the
parcel with an adequate surface water drainage system that is integrated into the drainage
pattern of surrounding properties. Swales must be placed in an easement to prohibit future
filling or constructing.
b. Drainage: Drainage swales (ditches) along dedicated roadways and within the right-of-way
or on dedicated drainage easements may not be altered, except for maintenance as originally
constructed and as approved by the Planning Director, City of Jeffersonville, the Jeffersonville
Drainage Board, or Indiana Department of Transportation. Driveways may be constructed
over these or other approved structures, only as permitted by the appropriate agency.
B. Preservation of Natural / Historic Features: Existing natural and historic features which would
add value to development of natural or man-made assets of the city such as trees, streams,
vistas, lakes, historical landmarks, and similar irreplaceable assets must be preserved, when
possible, through harmonious and careful design. Land to be developed must be designed and
improved as far as practical in conformity to existing topography in order to minimize storm water
runoff, and conserve the natural cover and soil.
C. Landscaping: Any part or portion ora non-farm parcel which is not used for structures, loading
or parking spaces, sidewalks and accessory uses must be landscaped or left in a natural state. If
landscaped, the parcel must be planted with an all season ground cover, must be landscaped with
trees and shrubs in accordance with the site plan, and shall be in keeping with natural surround-
D. Cut / Fill Grade: No cut or fill grade may exceed a slope of 3:l or 33-1/3 percent. This provision
applies to all cuts and fills exceeding 100 square feet in exposed surface area, including cuts or
fills on land naturally exceeding 3:1 in slope.
E. Erosion Prevention: All land, regardless of slope, from which structures or natural cover has
been removed or otherwise destroyed, must be appropriately graded and seeded within thirty (30)
days after the removal or destruction of said natural cover to prevent erosion.
Article Seven: [3evelopment Standards 7-2~,
Environmental Standards (EN)
(Continued)
F.
Alterations to Shoreline: No alteration of the shoreline or bed ora river or public lake shall be
made until written approval is obtained from the Indiana Department of Natural Resources and
Army Corp of Engineers, and the provisions of this ordinance are complied with. Alterations
include, among other things, filling ora river or wetlands, dredging ora riverbed, and ditch
excavation within one half mile of a water body.
G Retention, Detention, and Pond Ed~es: Allretention, detention, and pond edges must be main-
tained with a buffer of natural plantings within twenty (20) feet of the peak elevation. The use of
engineered hard edges is not permitted except around inlets and outlets. The use of engineered
hard edges may not exceed five percent (5%) of lineal feet of the total edge of any retention
facility, detention facility, or pond. Under no circumstances is "rip-rap" permitted.
H. Code Compliance/Hazardous Waste: All development must be in compliance with Title 7 of the
Indiana Code, as amended, as it relates to hazardous waste, low level nuclear waste, under-
ground storage tanks, waste tires, and other applicable chapters of said Title.
I. Code Compliance/Environmental Quality: All development must be in compliance with Title 13
of the Indiana Code, as amended, as it relates to air pollution control, water pollution control; solid
waste management, and other applicable chapters of said Title.
J. Waste Disposal: No waste materials such as garbage, rubbish, trash, construction material,
gasoline, oil, flammables, soils, tars, chemicals, greases, industrial or agricultural waste, or any
other material of such nature, quantity, obnoxiousness, toxicity, or temperature that may contami-
nate, pollute, or harm the waters may be deposited, located, stored, or discharged on any lot in a
way that would be likely to runoff, seep, or wash into surface or ground water.
K. Fuel Storage: No flammable or explosive liquids, solids, or gasses as specified by the State Fire
Marshal may be stored in bulk above ground, except tanks or drums of fuel connected directly
with energy devices or heating appliances located and operated on the same lot as the tanks or
drums of fuel.
L. Debris/Refuse: Debris, refuse, trash, construction material, garbage, litter, unfinished buildings, or
rotting wood may not accumulate on any property, in any zoning district.
M. Sedimentation/Public Health: No debris, weeds, trash, or construction material may accumulate
along the curb, gutter or ditches in front of any property.
N. Treatment of Fill: Material used for fill where permitted by this ordinance and/or by the IDEM,
IDNR, or other governmental agency, must be promptly covered and seeded.
O. View Requirements: Where a proposed structure will eliminate more than fifty percent (50%) of
an adjacent structure's view or exposure to the sun, an additional yard area setback may be
required by the Planning Director so that at least a fifty percent (50%) view or exposure may be
maintained.
P. Improvement Location Permit/Buildin~ Permit Requirernent~: The following activities are
permitted with no Improvement Location Permit/Building Permit required, provided all other
applicable standards are met.
a. Normal plowing and preparing the land for farming, gardens, and yards.
b. Normal trimming and/or removal of trees and shrubs for maintenance and/or site preparation.
c. Earth movements related to farming and other agricultural activity.
d. Drain tile laying and ditch cleaning.
Q. Projects Affectin~ Regulated Drains: Regulated drains are under the jurisdiction of the
Jeffersonville Drainage Board. The Jeffersonville Drainage Board or Jeffersonville City Engi-
neer shall review and approve all development or projects directly affecting a regulated open
ditch or tile per I.C. 36-9-27-13 of the Indiana Drainage Code.
7-26 Jeffersonville Zoning Ordinance
Floodplain Standards (FP)
7.14 Floodplain Standards (FP)
FP-01: This Floodplain Standards sectign applies to the following districts:
Intent: The intent of floodplain standards are to protect from loss of property and maintain natural
areas that help mitigate flooding downstream. Jeffersonville's Plan Commission and Board of Zoning
appeals should strive to prevent any infilling of land in the floodplain, or constructing of any struc-
tures. The floodplain includes the channel, floodway, and floodway fringe of a 100 year flood.
Floodplain boundaries are to be determined by using the Floodway-Flood Boundary Maps of the
Federal Insurance Administration/Federal Emergency Management Administration or best available
information. The Planning Director may require a applicant to acquire a surveyor or engineer to
whether a parcel of land lies partially or entirely within the floodplain.
Statement of Purpose: Under the authority granted to local units of government to control land use
within their jurisdiction, which includes taking into account the effects offloodmg, the City' Council
adopts the following floodplain management regulations in order to accomplish the following:
to prevent unwise developments from increasing flood or drainage hazards to others,
to protect new buildings and major improvements to buildings from flood damage,
to protect haman life and health from the hazards of fl0oding,
to lessen the burden on the taxpayer for flood control projects, repairs to flood-damaged public
facilities and utilities, and flood rescue and relief operations, and
to maintain property values and a stable tax base by minimizing the potential for creating flood-
blighted areas.
All development shall be prohibited within the floodplain except as outlined below.
A. The following uses shall be permitted, provided they are permitted bY the underlying district:
a. Agricultural uses such as crop production, pastures, orchards, tree farms, plant nurseries,
vineyards, and general farming.
b. Forestry, wildlife areas and nature preserves.
c. Parks and recreational uses.
d. Public streets, bridges, and roadways.
B. Uses permitted as a Special Exception are as follows:
a. Unenclosed riding stables or trails,
b. Telephone exchange,
c. Utility substations,
d. Public wells,
e. Water treatment plants,
f. Water management use facilities such as dams, docks, channel improvements, dikes, jetties,
marinas, piers, wharves, levees, seawalls, floodwalls, and irrigation facilities,
g. Public/private parking areas of any type,
h. Golf courses,
i. Driving ranges, and
j. Artificial lakes of one (1) or more acres.
Article Seven: Development Standards 7-2 /
· ' 2
Floodplain Standards (FP)
An Improvement Location Permit is required if any structure or use (except farming activities
other than the construction of structures) is proposed to be erected, any excavation opened, or
any material deposited in the floodplain. The application for an Improvement Location Permit
must be accompanied by the following:
a. A description of the proposed development.
b. Location of proposed development - sufficient to accurately pinpoint the property and struc-
ture in relation to existing roads and streams.
c. A legal description of the property site.
d. A site development plan showing existing and proposed structure locations and existing and
proposed land grades.
e. Elevation of lowest floor (including basement) of all proposed structures.
f. Base flood elevations. If the stream or waterway is located outside the FEMA detailed study
areas base flood elevations must be approved by IDNR.
D If the site is in the floodway the staffshall require the applicant to forward the application, along
with all pertinent plan~ and ~ecificati°ns, to IDNR and apply for a permit for Construction in a
floodway. Under the provisions oflC 13-2-22 a permit from IDNR is required prior to any
excavation, deposit, construction or obstruction activity located in the floodway. This includes
land preparation such as filling, grading, clearing, and paving, etc. undertaken before the actual
start of construction of the building. No action shall be taken by the staffuntil a permit has been
granted by IDNR granting approval for construction in a floodway. The Planning Director may
issue an Improvement Location Permit provided that the provisions contained in FP-01 of this
Ordinance and The Storm, Drainage, Erosion and Sediment Control Ordinance have been
met.
E. If the site is located in the floodway fringe, the Planning Director may issue an Improvement
Location Permit provided that the provisions contained in FP-01 of this Ordinance and The
Storm, Drainage, Erosion and Sediment Control Ordinance have been met.
F. Facilities (nonresidential) may be constructed within the floodplain provided that the flood protec-
tion grade for all buildings is at least two (2) feet above the regulatory flood profile. Floodproofed
nonresidential may also be constructed; provided, that the plans and necessac~ specifications are
certified by a professional engineer or registered architect licensed to practice in the State of
Indiana. A registered professional engineer or architect shall certify that below the flood protec-
tion grade the structure and attendant facilities are watertight and capable of resisting the affects
of regulatory flood. The building design must take into account flood velocities, duration, rate of
rise, hydrostatic pressures, and impacts from debris or ice. Also, on-site waste disposal systems
may be permitted only in accordance with the policies of the Clark County Health Department.
G. The Planning Director and/or Jeffersonville Drainage Board may require any or all of the follow-
ing measures as conditions of approval of new construction:
a. Retention or detention ofstormwater runoffto minimize the increase in floodflows due to
watershed urbanization.
b. Erosion and sedimentation control during construction projects to reduce siltation resulting in
loss of channel carrying capacity.
c. Additional fill to reduce flood danger
H. Under no circumstance may there be a net loss of flood water capacity. No development is
?ermitted that acting alone or in combination with existing or future similar works, will cause any
increase in the elevation of the regulatory flood.
(Continued)
C.
7-28 leffersonville Zoning Ordinance
Floodplain Standards (FP)
(Continued)
I, The Jeffersonville Board of Zoning Appeals when hearing variance requests from this section of
the Ordinance shall consider the following:
a. The potential damage to personal property belonging to private individuals other than the
property or building ownen
b. The increased hazard the proposed structure may cause to other structures and properties.
c. The potential risk to stranded individuals and rescue workers.
d. Whether the site is subject to more frequent flooding than the 100-year flood.
e. Whether there are other options for locating the structure.
f. The necessity of the particular use or structure within the floodplain.
$. The applicant must demonstrate that there will be no net loss of flood storage capacity. All fill
must come from subject property in order to ensure flood water storage capacizy.
Article Seven: Development Standards 7-29
Performance Standards (PF)
7.15 Performance Standards (PF)
PF-01: This Performance Standards section applies to the following districts:
All uses established or placed into operation after the effective date of this Ordinance shall comply
with the following performance standards in the interests of protecting public health, safety, and
general welfare and lessening damage to property. No use on a property shall exhibit obnoxious
characteristics to the extent that it constitutes a public nuisance or interferes with reasonable enjoy-
ment of neighboring properties. No use in existence on the effective date of this Ordinance shall be
altered or modified to conflict with these standards:
A. Air Pollution: No use on a property shall release fly ash, dust, smoke, vapors, noxious, toxic or
corrosive matter or other air pollutants in such concentration as to be detrimental to health,
ammals, vegetation or property, or to conflict with public air quality standards.
B. Electrical Disturbance: No use on a property shall cause electrical disturbance adversely affect:
ing radio, television or other equipment in the vicinity.
C. Fire Protection: Fire fighting equipment and prevention measures acceptable to the local Fire
Departments shall be readily available and apparent when any activity involving the handling and
storage of flammable or explosive materials is conducted.
D. Noise: No use on a property shall produce noise in such a manner as to be objectionable because
of volume, frequency, intermittence, beat, shrillness, or vibration. Such noise shall be muffled or
otherwise controlled so as not to become detrimental. Public safety sirens and related apparatus
used solely for public purposes shall be exempt from this standard.
E. Odor: No use on a property shall emit across lot lines any gas or matter with a bad odor in such
quantity as to be readily detectable at any point along such lines.
F. Vibration.: No use on a property shall cause vibrations detectable beyond lot lines without the aid
of instruments.
G Heat and Glare: No use on a property shall produce heat and glare in such a manner as to create
a hazard to neighboring property. Nor shall any such heat or glare interfere with the reasonable
enjoyment of neighboring property, or transportation function.
H. Waste Matter: No use on a property shall accumulate within the lot or discharge waste matter
beyond the lot lines.
I. Water Pollution: No use on a property shall produce erosion or other pollutants in such a quantity
as to be detrimental to adjacent properties or to conflict with public water quality standards.
7-30 Jeffersonville Zoning Ordinance
Lighting Standards (LT)
7.16 Lighting Standards (LT)
LT-O 1: This Lighting Standards section applies to the following districts:
The intent of lighting standards is to provide a level of illumination necessary for adequate, safe and
efficient movement of vehicles and persons without affecting neighboring properties. Further the
level of illumination may vary according to the type of use on a lot. The intensity of light created on
any site may not significantly go beyond the property line of the subject property.
The following lighting standards apply:
A. All lighting must be shielded with opaque material to prevent direct lighting on streets, alleys, and
adjacent properties.
B. All lighting elements used to cast light on building facades, features of buildings or signs must
have cutoffluminaires with less than a ninety-degree (90) angle ("downlighting").
C Lighting for parking lots must all be consistent in color, size, height, and design. Further, all
parking lot lights must have cutoff luminaires with less than a ninety-degree (90) angle
(downlighting) and may be no more than twenty (20) feet in height.
D. All freestanding lights and lights mounted on walls or facades must have cutoff luminaires with
less than a ninety-degree (90) angle.
E. All lights within a single development must be consistent in style, design, height, size and color
throughout the development.
F. Lighting from a property may not cause more than a one-half (1/2) foot candle of illumination
beyond the property line of that property. The only exception to this standard is as follows:
a. When the subject property is zoned for business use and the adjacent property is also zoned
for business or industrial use, then the allowable light at the property line is one (1) foot candle
(only on the sides of the property that are adjacent to the similar Zoning District).
b When the subject property is zoned for industrial use and the adjacent property is also zoned
for industrial use, then the allowable light at the property line is two and one half (2 1/2) foot
candles (only on the sides of the property that are adjacent to the similar Zoning District).
G Measurements of light readings shall be taken along any property line ofthe subject pr°pertY with
a light meter facing the center of the property at a height of six (6) feet.
Article Seven: Development Standards 7-31
2
General Sign Standards (GS)
7.17 General Sign Standards (GS)
GS-01: This General Sign Standards section applies to the following districts:
The intent of sign standards is to further the goals of the Comprehensive Plan; avoid the proliferation
of ~ign~ge; encourage signs to be compatible with the scale of buildings and the surrounding area; to
mmntmn and enhance the aesthetic environment of the city; eliminate potential hazards to motorists
and pedestrians resulting from sign clutter; and, to promote the health, safety, and welfare of the
citizens of Jeffersonville.
A. Except as otherwise provided herein, it shall be unlawful for any person to erect, construct,
enlarge, move or convert any sign, or change the permanent copy on an existing sign structure
within the jurisdiction of the Jeffersonville Plan Commission, or cause the same to be done,
without first obtaining a sign permit from the Planning Director or its designee.
B. Inspection: Signs for which a permit is required may be inspected periodically by the Plan
Commission or Planning Director for compliance with this ordinance and other codes of the City.
C. Removal of Signs: The Plan Commission or Planning Director may order the removal of any sign
erected or maintained in violation of this Article. A thirty (30) day written notice describing the
violation and ordering either the removal of the sign or requiring the sign to be brought into
compliance shall be given to the owner and/or business operator No notice shall be given for
temporary or portable signs. The Plan Commission or Planning Director may remove a sign
immediately and without notice if the condition of the sign presents an immediate threat to the
safety of the public. Any cost associated with signs removed by the Plan Commission and/or his
agent, pursuant to the provisions of this Article, shall be reimbursed by the owner of said sign.
Should said sign not be redeemed within forty-five (45) days of its removal, it may be disposed of
in any manner deemed appropriate by the City.
D. Maintenance: All signs and components thereof shall be kept in good repair and in safe, neat,
clean and attractive condition. If failure to maintain a sign is determined by the Plan Commission
or Planning Director, a written notice will be given to the owner, business operator or lessee of
the property. Thirty (30) days notice shall be given to the owner, business operator, or lessee of
the property to comply with the regulations. After thirty (30) days if the owner/business operator
fails to comply, penalties shall be imposed according to Article 13.
E. Abandoned Signs: A sign, all mountings, and related components shall be removed by the owner
or lessee of the premises upon which the sign is located when the business which it advertises is
no longer conducted on the premises. If the owner or lessee fails to remove the sign, the Plan
Commission or Planning Director shall give the owner thirty (30) days written notice to remove it.
Upon failure to comply with this notice, the Plan Commission or Planning Director may remove
the sign. Any cost associated with signs removed by the Plan Commission and/or its designee,
pursuant to the provisions of this Article shall be reimbursed by the owner of said sign. Should
said sign not be redeemed within forty-five (45) days of its removal, it may be disposed of in any
manner deemed appropriate by the City.
F. Illuminated Si ns: All illuminated signs must meet the standards as specified in the State Electri-
cal Code, as adopted and amended by the State of Indiana. In addition, all illuminated signs shall
comply with the following standards:
a. No sign shall have blinking, flashing, or fluttering lights, nor shall any device be utilized which
has a changing lip~at intensity, brightness of color, or give such illusion except that portion of the
sign reserved for time and temperature.
7-32 Jeffersonville Zoning Ordinance
General Sign Standards (GS)
(Continued)
b. All illuminating elements shall be kept in satisfactory working condition and munediately
repaired or replaced if damaged or burned out.
c. All electrical wiring for permanent signs shall be in conduit. All electricity for signs shall have
a disconnecting switch located in a readily accessible place.
d. The direct or reflected light from a primary light source shall not create a traffic hazard to
operators of motor vehicles on public and/or private roadways.
e. The light from any illuminated sign shall be so shaded, shielded, or directed such that the light
intensity or brightness will not be objectionable to the surrounding properties. No light shall
shine directly onto adjacent property.
G Exempt Signs: The following signs are exempt from all provisions of this ordinance.
a. Flags of any country, state, unit of local government, institution of higher learning, or similar
institutional flags.
b. Names of buildings, date of erection, monumental citations, commemorative tablets and the
like when carved into stone, concrete or similar material or made of bronze, aluminum, or
other permanent type construction and made an integral part of the structure. No commercial
messages or logos are permitted on such integral signs.
c. Public signs ora noncommercial nature and in the public interest erected by or on the order of
public officer(s) in the performance of public duty, such as signs to promote safety, no tres-
passing, or traffic signs, memorial plaques, signs of historical interest, and signs directing
people to public and quasi-public facilities.
d. Utility signs used to mark cables and lines for public and private utilities except if deternfined
to be a hazard by the Plan Commission.
H. Prohibited Signs: The following types of signs are expressly prohibited in all Zoning Districts.
a. Signs that utilize any motion picture, laser, or visual projection of images or copy in conjunction
with any:business or advertisement.
b. Signs that emit audible sound, odor or visible matter.
c. Signs that purport to be or are in imitation of, or resemble an official traffic sign or signal or
which bear the words "Stop", "Slow", "Caution", ~'Danger", "Warning", or similar words.
d. Signs that may be construed as a light of an emergency or road equipment vehicle.
e. Signs in the Right of Way or that hide from view any traffic or roadway sign, signal or device.
f. Signs that interfere with the vision clearance triangle as defined in this Article, Section 7.23.
g. Signs that extend above the roof line or parapet of a building.
h. Roof signs.
i. Signs that have blinking, flashing, or fluttering lights or which has a changing light intensity,
brightness or color, or give such illusion, except that portion ora sign reserved for time and
temperature.
j. Signs that obstruct any door, fire escape, stairway, or any opening intended to provide en-
trance or exit for any building or structure.
k. Signs placed on vehicles parked on public or private property primarily for the purpose of
displaying the sign. Prohibited signs do not include those displayed on vehicles parked for the
purpose of lawfully making deliveries or random sales or service. Prohibited signs do not
include vehicles which are customarily used for transporting persons or properties, and vehicles
parked at a driver's place of residence during non-business hours or for incidental purposes.
1. Any sign that is not expressly permitted in this Ordinance.
I. Noncommercial messa_~: Noncommercial messages are permitted on all signs permitted by this
Article.
Article Seven: Development Standards 7-3~
Temporary Sign Standards (TS)
7.18 Temporary Sign Standards (TS)
TS-01: This Temporary Sign Standards section applies to the following districts:
The following temporary signs shall be permitted. No permit is required.
A. Ground signs no larger than sixteen (16) square feet used to advertise the property for sale or lease.
B. A sign no larger than sixteen (16) sq. ft. advertising a legally permitted event which must be
removed ten (10) days after the event has transpired.
The following temporary signs shall be permitted and requires a Temporary Sign permit.
A. One (1) construction sign up to 32 square feet in size for one (1) year and renewable in one (1)
year increments in conjunction with a new sign permit being issued. Upon 90% build out of the
development, a construction sign is no longer permitted as temporary sign.
The following development standardards apply.
A. No temporary sign shall be located within the vision clearance triangle as described in section 7.23.
B. Ground signs shall be a minimum of ten (10) feet from any property line.
TS-02: This Temporary Standards section applies to the following districts:
The following temporary signs shall be permitted. A Temporary Sign permit is required unless
otherwise specified.
A. Temporary ground signs are permitted thirty (30) days per year.
B. Ground signs may be no larger than thirty-two (32) square feet.
C. A sign advertising a legally permitted event which shall be removed ten (10) days after the event
has transpired.
D. No temporary sign shall be located within the vision clearance area as described in section 7.23.
E. Temporary signs shall be a minimum often (10) feet from the property line.
F. Streamers and pennants are permitted for grand openings or special promotions. Such signs shall
only be permitted under the following conditions.
a. Such devices shall not be not be used for a time to exceed thirty (30) days in a six (6) month
period.
b. Such devices shall not contain any flashing lights at anytime.
G Portable signs and banners are permitted for grand openings or special promotions under the
following conditions.
a. Such signs shall not be not be used for a time to exceed thirty (30) days in a six (6) month period.
b. Such signs shall not exceed thirty-two (32) square feet.
c. One (1) portable sign is permitted per street frontage.
d. Such signs shall not contain any flashing lights at anytime.
e. Such signs shall not exceed nine (9) feet in height.
H. Off-site directional signs associated with a grand opening or special promotion are not to exceed
six (6) square feet or three (3) feet in height. Such signs are only permitted for the duration of
the grand opening or special promotion.
I. One (1) construction sign up to 32 square feet in size for one (1) year and renewable in one (1)
year increments hi conjunction with a new sign pen'nit being issued. Upon 90% build out of the
development, a construction sign is no longer permitted as temporary sign.
7-34 Jeffersonville Zoning Ordinance
Permanent Sign Standards (PS)
7.19 Permanent Sign Standards (PS)
PS-01: This Permanent Sign Standards section applies to the following districts:
PS-02:
The following signs shall be permitted. All signs require a permit unless otherwise specified. No
ground sign shall be located within the vision clearance area. Ground signs shall be a minimum of
fifteen (15) feet the from right-of-way.
A. One (1) sign not exceeding a combined area of one (1) square foot in area is permitted on the
primary structure. No permit is required. No illumination is permitted.
B. Identity signs for residential projects in conjunction with a legally permitted use may have two (2)
signs per entrance. Said signs shall not exceed four (4) feet in height. Maximum size for all
signs in combination shall be fifty (50) square feet in ama.
This Permanent Sign Standards section applies to the following districts:
PS-03:
The following signs shall be permitted for institutional uses and park lands. All signs require a permit
unless otherwise specified. No ground sign shall be located within the vision clearance area. Ground
signs shall be a minimum of fifteen (15) feet from the right-of-way:
A. One (1) ground sign per entrance in conjunction with a legal permitted use not exceeding six (6)
feet in height and fifty (50) square feet in area.
B. One wall sign in conjunction with a legally permitted use not exceeding thirty-two (32) square
feet in area.
C. Directional signs no more than five (5) feet in height and no more than six (6) square feet in area.
No permit is required.
This Permanent Sign Standards section applies to the following district:
The following sign regulations shall apply. All signs require a permit unless otherwise specified.
A. Total sign area allowed per lot: One (1) x the length of building that faces the road equals (=) the
amount of signage allowed per lot. [For example: Ifa building is fifty (50) feet wide then fifty
(50) square feet of signage would be allowed for the lot. ]
B. Any combination of the following signs may be used as long as they do not exceed the total area
allowed per lot.
Wall sign
Awning sign
Projecting sign
Ground sign
Directional sign
Changeable copy sign
Time & temperature sign
Article Seven: Development Standards 7-35
Permanent Sign Standards (PS)
(Continued)
C. Development standards per type of sign are as follows.
a. Projecting sign: No projecting sign shall be at its lowest point (except for the supporting
building, structure, or column) less than eight and one-half (8 1/2) feet above grade level. In
no case shall it extend more than four (4) feet beyond its supporting structure. Permission
must be granted by the Board of Public Works tithe proposed sign extends into the right-of-way.
b. Ground sign: One (1) ground sign per lot not to exceed nine (9) feet in height. Sign area must
be within the total sign area allotted per lot. Sign shall be placed a minimum often (10) feet
from the right-of-way.
c. Window signs: Non-illuminated window signs not exceeding twenty-five percent (25%) of the
window area am permitted. No permit is required. Illuminated window signs containing a
commercial message that can be seen from the road shall be counted toward the total sign area
and require a sign permit.
d. Directional Signs: Directional signs must be no more than five (5) feet in height and no more
than six (6) square feet in area. No permit is required and they shall not be counted toward
the total area allowed per lot.
D. In addition, the following maximums apply.
a. Under no circumstance may a ground sign exceed fifty (50) square feet, per side, nor may
there be more than one (1) ground sign per site.
b. Under no circumstance may a wall sign exceed fifty (50) square feet.
c. Under no circumstance may a projecting sign exceed twelve (12) square feet, per side.
E. On lots without a structure or building a noncommercial ground sign not to exceed twenty-four
(24) square feet in area is permitted.
PS-04: This Permanent Sign Standards seetion applies to the following districts:
The following sign regulations apply. All signs require a permit unless otherwise specified.
A. Total si~n area allowed per lot: one and one-quarter (1 1/4) x the length of building that faces the
road equals (=) the amount of ~ignage allowed per lot. [For example: Ifa building is one hundred
(100) feet wide then one-hundred and twenty-five (125) square feet of signage would be allowed
for the lot.]
B. Any combination of the following signs are permitted as long as they do not exceed the total area
allowed per lot.
Wall sign
Awning sign
Projecting sign
Ground sign
Window sign
Directional sign
Changeable copy sign
Time & temperature sign
C. Development standards per type of sign are as follows.
a. Projecting sign: No projecting sign shall be at its lowest point (except for the supporting
building, structure, or column) less than eight and one-half (8 I/2) feet above grade level. In
no case shall it extend more than four (4) feet beyond its supporting structure. Permission
must be granted by the Board of Public Works, if the proposed sign extends into the right-of-way.
7-36 Jeffersonville Zoning Ordinance
Permanent Sign Standards (PS)
(Continued)
b. Ground sign: One (1) ground sign per lot not to exceed nine (9) feet in height. Sign area must
be within the total sign area allotted per lot. Sign shall be placed a minimum often (10) feet
from right-of-way.
c. Window signs: Non-illuminated window signs not exceeding twenty-five percent (25%) of the
window area are permitted. No permit is required. Illuminated window signs containing a
commercial message that can be seen from the road shall be counted toward the total sign
area and require a sign permit.
d. Directional Signs: Directional signs must be no more than three (3) feet in height and no more
than six (6) square feet. No permit is required and they shall not be counted toward the total
area allowed per lot.
D. In addition, the following maximmns apply.
a. Under no circumstance may a ground sign exceed fifty (50) square feet, per side.
b. Under no circumstance may a projecting sign exceed twelve (12) square feet, per side.
c. Under no circumstance may a wall sign exceed fifty (50) square feet.
d. Under no circumstance may the total square footage of all combined sign facings exceed one-
hundred and twenty-five (125) square feet.
E. On lots without a structure or building a noncommercial ground sign not to exceed twenty-four
(24) square feet is permitted.
PS-05: This Permanent Sign Standards seetion applies to the following districts:
The following sign regulations apply. All signs require a permit unless otherwise specified.
A. Total si~n area allowed per lot - One and one-half (1 1/2) x the length of building that faces the
road equals (=) the amount of signage permitted per lot. [For example: Ifa building is one-
hundred (100) feet wide then one-hundred fifty (150) square feet of signage would be permitted
per lot.]
B. Any combination of the following signs are permitted as long as they do not exceed the total area
allowed per lot.
Wall sign
Awning sign
· Ground sign
Window sign
Directional sign
Changeable copy sign
Time & temperature sign
C. Development standards per type of sign are as follows.
a. Ground sign: One (1) ground sign per lot not to exceed twenty (20) feet in height. Sign shall
be placed a minimum often (10) feet from the right-of-way. Sign area must be within the
total sign area allowed per lot.
b. Window signs: Non-illuminated window signs not exceeding fifty percent (50%) of the win-
dow area are permitted. No permit is required. Illuminated window signs containing a
commercial message that can be seen from the road shall be counted toward the total sign area.
A sign permit is required.
e. Directional Signs: Directional signs must be no more than five (5) feet in height and no more
than six (6) square feet in area. No permit is required and they shall not be counted toward
the total sign area allowed per lot.
Article Seven: Development Standards 7-3/
Permanent Sign Standards (PS)
(Continued)
D. In addition, the following maximums apply:
a. Under no circumstance may ground sign exceed eighty (80) square feet per side.
b. Under no circumstance may a wall sign exceed fifty (50) square feet.
c. Under no circumstance shall the total square footage of all combined sign facings exceed two-
hundred (200) square feet.
d. Under no circumstances may more than one (1) ground sign be erected on a single lot.
E. On lots without a structure or building a noncommercial ground sign not to exceed thirty-six (36)
square feet in area is permitted.
PSo06: This Permanent Sign Standards section applies to the following districts:
The following sign regulations apply. All signs require a pernxit unless otherwise specified.
A. Total sign ama allowed per lot - Two (2) x the length of building that faces the road equals (=)
the amount of signage permitted per lot. [For example: Ifa building is one-hundred (100) feet
wide then two-hundred (200) square feet of signage would be permitted per lot.]
B. Any combination of the following signs are permitted as long as they do not exceed the total area
allowed per lot.
Wall sign
Awning sign
Ground sign
Window sign
Directional sign
Changeable copy sign
Time & temperature sign
C. Development standards per type of sign are as follows.
a. Ground signs: One (1) ground sign per lot not to exceed twenty (20) feet in height. Sign shall
be placed a minimum of ten (10) feet from the right-of-way. Sign ama must be within the
total sign area allowed per lot.
b. Window signs: Non-illuminated window signs not exceeding fifty percent (50%) of the win-
dow area are permitted. No permit is required and they shall not be counted toward the total
sign area. Illuminated window signs containing a commercial message that can be seen from
the road shall be counted toward the total sign area.
c. Directional Signs: Directional signs must be no more than five (5) feet in height and no more
than six (6) square feet in area. No permit is required and they shall not be counted toward
the total sign area allowed per lot.
D. In addition, the following maximums apply:
a. Under no circumstance may a ground sign exceed one-hundred (100) square feet per side.
b. Under no circumstance shall the total square footage of all combined sign facings exceed
four-hundred (400) square feet.
c. Under no circumstances may mom than one (1) ground sign be erected on a single lot.
E. On lots without a structure or building a noncommercial ground sign not to exceed thirty.six (36)
square feet is permitted.
7-38 Je ffersonville Zoning Ordinance
Parking Standards (PK)
7.20 Parking Standards (PK)
PK-01 This Parking Standards seetion applies to the following districts:
Two (2) off-street paved parking spaces are required per dwelling unit. Neither of the off-street
parking spaces required may include spaces within car ports or garages. Further, off-street parking
spaces may not fully or partially be in a public right-of-way or utility easement. Each space must be
at least nine (9) feet wide and eighteen (18) feet long.
PK-02 This parking Standards section applies to the following districts:
Two (2) paved parking spaces are required per dwelling unit within thirteen-hundred twventy (1320)
feet of the subject property. Parking spaces required may include spaces within car ports or ga-
rages. Each space must be at least nine (9) feet ~vide and eighteen (18) feet long.
PK-03 This Parking Standards section applies to the fullowing districts:
PK-04
One and one-half (1 1/2) paved off-street parking spaces are required per dwelling unit. In multi-
family housing developments at least one (1) space per two (2) units is required for visitor parking
and shall be spread evenly throughout the development. Visitor parking spaces cannot include spaces
in car ports or garages. Further, any off-street parking space may not fully or partially be in a public
right-of-way or utility' easement. Each space must be at least nine (9) feet wide and eighteen (18)
feet long. Parking lots shall have the same setbacks as the primary structure in the district which
they are located. Entrance and exit drives may be within the setback area.
This Parking Standards section applies to the following districts:
Two (2) off-street paved parking spaces are required per dwelling site. In manufactured or mobile
home parks at least one (1) space per dwelling site is required for visitor parking and shall be spread
evenly throughout the development. Visitor parking spaces cannot include spaces in car ports or
garages. Further, any' off-street parking space may not fully or partially be in a public right-of-way
or utility easement. Each space must be at least nine (9) feet wide and eighteen (18) feet long.
Article Seven: Development Standards
Parking Standards (PK)
(Continued)
PK-05 This Parking Standards section applies to the follo~ving districts:
All parking lots for commercial, industrial, institutional, business, public and private employee parking,
offices, organizations, and places of assembly must be paved. Expansion of an existing gravel, stone,
rock, dirt, sand or grass lot is not permitted. In addition, parking lots must conform to all the follow-
ing requirements:
A. All ingress/egress into parking areas must be paved.
B. Parking lots may project into the front yard setback by twenty-five percent (25%) of the mini-
mum front yard setback. Parking lots may project into the side yard setback by fifty percent
(50%) of the minimum front yard setback. Entrance and exit drives may be located within the
setback area.
C. Parking spaces shall be installed as follows:
a. Maximum of thirty percent (30%) in front of the primary structure
b. Maximum of seventy percent (70%) to the side of the primary structure
c. Minimum often percent (10%) to the rear of the primary structure
d. Under no circumstances shall parking be permitted within any required setback or buffer
areas.
D. Parking spaces shall be a minimum of nine (9) feet x eighteen (18) feet and be striped so as to
show each parking space.
E. Parking aisle widths shall be as follows:
a. 90 degree angle space - twenty-four (24) feet wide parking aisle
b. 60 degree angle space - eighteen (18) feet wide parking aisle
c. 45 degree angle space - fourteen (14) feet wide parking aisle
F. Parking areas shall be designed to prevent vehicles from maneuvering in the public right-of-~vay.
G Parking areas must be constructed to allow proper drainage.
H. Parking spaces prescribed in this section must be located either on the premises or on a lot
approved by the Plan Commission. All required off-street parking spaces, however, must be
located within six-hundred (600) feet of the subject lot.
I. A group of adjacent properties may provide a joint parking area if the number of spaces required
for all properties is adequate, and the joint lot provides at least seventy percent (70%) of the total
spaces required for each use and if the Planning Director approves the joint parking area. A
written reciprocal parking agreement signed by all property owners involved is required and must
include provisions concerning at least the following items: maintenance, snow removal, owner-
ship, and liability and must be recorded in the office of the Clark County Recorder. The agree-
ment must be reviewed/approved by the Planning Director and/or City Attorney. A copy of the
recorded agreement must also be kept in the office of the Plan Commission.
7-40 ]effersonville Zoning Ordinance
Parking Standards (PK)
(Continued)
PK-06: This Parking Standards section applies to the following districts:
To reduce traffic congestion and hazards along roadways, off-street parking shall be required for
business and industrial uses. The minimum number of parking spaces shall be determined by
adding up the spaces required for each applicable statement below'. The numbers below do not
guarantee the quantity needed per use, only minimums are expressed. The developer/builder
must calculate additional parking spaces that may be necessary.
Employee parking for office, commercial,
institutional, communication/utilities, and
industrial uses.
Visitor parking for office, institutional and
industrial uses.
arking for nmsing home; hospital, or
:ilities.
,arking for hotel, motel and other
overnight stay facilities.
Automobile, tractor, boat, bus o~ Si/'~i~a~: §ales
facility.
Restaurants, food services, theater, community
center, auditorium, conference center, church
Furniture~ appliance, or similar large item
sales facility.
Hardware, home improvement, lumberyard
auto parts stores or similar moderate size item
Fitness center, health spa, skating rir&
,r similar facilities.
One (1) parking space per employee that
potentially can be working at any given time.
Businesses with multiple shifts must also provide
one (1) additional parking space per two (2)
l employees on the largest ubuting shift.
Subtract one (1) parking space per sixty (60)
employees and subtract one thirtieth (l/30th) of the
total employee spaces if the property is within five
hundred (500) feet of a bus or mass transit stop.
One (1) visitor parking space per twenty (20)
employees working at any given time up to three
hundred (300) total employees, plus one (i) visitor
space per fifty (50) employees for the amount over
three hundred (300) employees.
One (1) visitor space per three (3) beds in a
hospital or nursing home facility.
One (1) visitor parking space per rental unit.
Two (2) parking space plus one (1) per sales person
working on any given shift.
Parking spaces must equal one third (i/3rd) of the
allowable seating capacity.
One (1) parking space per four hundred (400)
sq. ft. of GFA up to 30,000 sq. ft. and one (1)
One (1) parking space per three hundred (300) sq. ft.
of GFA up to 30,000 sq. ft. and one (1) parking
One (1) parking space per three hundred (300) sq. ft.
of GFA.
Article seven: DevelOpment Standards 7-4i
Parking Standards (PK)
(Continued)
Retail st° ~, groc Y sto~' r'es, gaso ~ st*~ ~ti~ns~"~ 'lOne (I)p ~king space per two hundred fift
banks, liquor store, and similar high volume [(250) sq. ft. of GFA up to 40,000 sq. ft. and one (1)
and/or small item facilities. [per four hundred (400) sq. ft. up to 80,000 sq. ft. and
[one (I) per six hundred (600) sq. ft. above
Day-care or similar hcility.
Airport, heliport or similar facility.
Self-storage, warehouse, or similar facility.
Body shop, vehicle repair, car wash or similar
Medical facility, clinic, doctor's office or
Barber/beauty shop, fingernail salon, tanning
Governmental offices, service commercial,
libraries, organizational office, repair shop,
or similar facility.
Public or private school, trade or business
school, or similar functioning facility.
Swimming pool, sport fields, recreational
fields, or similar facility.
Golf course, driving range, batting cages,
bowling alley, or similar facility.
One (1) parking space per every ten (10) children
enrolled. This number of spaces may be reduced by
One (i) parking space per five (5) aircraft tie-downs
and hangar spaces, plus one (I) per every three (3)
waiting room and classroom seats.
One (1) parking space per 5000 sq. ft. for a single
tenant facility or one (1) space per six leasable
storage units. Loading areas my account for up to
1/4 of this requirement.
One (1) parking space per interior service bay and
~er car wash stall.
One (1) parking space per treatment or examination
room/space.
One and one-half (1.5) parking space per operator
One (1) parking space per eight hundred (800) sq. ft.
of GFA.
One (1) parking space per two (2) elementary
classrooms; and two (2) parking space per
junior hi~a classroom; and one (1) parking space per
five (5) hig~aschool students; and one (1) space per
two (2) students in a trade or business school.
Twenty (20) spaces per sport field; and one (1) space
Thirty (30) parking spaces per nine (9) holes; and
one (1) space per driving range or batting cage lane;
and two (2) spaces per alley.
B. Additional parking spaces may be required by the Plan commission or Board of Zoning Appeals if
deemed necessary.
C Ifa use is not clearly noted above, the Planning Director may determine into which category the
uses best fits, therefore determining the parking requirements.
D. A maximum number of spaces applies to all parking requirementslisted above in the matrix. The
maximum number of parking spaces allowed is twenty-five percent (25%) more than the mini-
mum required.
7-42 Jeffer$onville Zoning Ordinance
Parking Standards (PK)
(Continued)
PK-07 This Parking Standards section applies to the following districts:
A. Vehicles or trailers of any type without current license plates or in an inoperable condition shall be
prohibited in residential zone districts other than in completely enclosed buildings and prohibited in
commercial zone districts unless fully screened, and shall not be parked or stored in any zone
unless specifically authorized under the terms of this Ordinance.
B. No vehicle or tractor/trailer of any type may be used predominantly for the purpose of personal
storage.
PK-08 This Parking Standards section applies to the following districts:
A. The parking ora commercial vehicle in residential zone districts shall be prohibited; except that
one commercial vehicle of not more than three (3'} tons capacity may be parked on any lot where
there is a princapal building as long as it is:
a. Used by a resident of the prentises, and
b. Parked in an enclosed garage or accessory building, or is located in the rear yard at least ten
(I0) feet from the rear property line, and on a paved surface
B. This regulation shall not be interpreted to prohibk commercial vehicles from temporary loading
and unloading in a residential district.
Article Seven: Development Standards 7~43
: 2
Loading Standards (LD)
7.21 Loading Standards (LD)
LD-0I: This Loading Standards section applies to the following districts:
There shall be provided off-street loading berths not less than the minimum requirements specified in
this section in connection with any building or structure which is to be erected or substantially altered,
and which requires the receipt or distribution of materials or merchandise by trucks or similar vehicles.
A. Locationl All required off-street loading berths shall be located on the same lot as the use to be
served, and no portion of the vehicle shall project into a street right-of-way or alley easement.
No permitted or required loading berth shall be located within twenty-five (25) feet of the nearest
point of intersection of any two (2) streets, nor shall it be located in front of the primary structure,
or on the side of the primary structure adjoining a street.
B. Size: Off-street loading berths for over-the-road tractor-trailers shall be at least fourteen (14)
feet in width by at least sixty (60) feet in length with a sixty (60) foot maneuvering apron, and
shall have a vertical clearance of at least fifteen (15) feet. For local pick-up and delivery trucks,
off-street loading berths shall be at least twelve (12) feet in width by at least thirty (30) feet in
length with a thirty (30) foot maneuvering apron, and shall have a vertical clearance of at least
twelve (12) feet.
C. Access: Each required off-street loading beFLh shall be designed with appropriate means of
vehicular access to a street or alley in a manner which will least interfere with traffic movements.
Them shall be no maneuvering in the right-of-way.
D. Surfacing: All open off-street loading berths shall be improved with a compacted base of asphalt
or concrete.
E. SpaceAllowed: Space allowed to any off-street loading berth shall not, while so allocated, be
used to satisfy the space requirements of any off~street parking areas or portions thereof.
F. Off-Street Loadin~ Berth Requirements:
Minimum Loading Berths Required
1
2
3
4
Gross Floor Area
up to 40,000 sq. ft.
40,000 to 80,000 sq. ft.
80,000 to 120,000 sq. ft.
120,000 to 160,000 sq. ft.
One (1) additional off-street loading space shall be required for each additional 80,000 sq. ft. after
160,000 sq. ft.
In situations where the structure clearly does not need and will not in the foreseeable future need
loading docks, the Planning Director and/or Plan Commission may reduce the number required or
eliminate the requirement all together.
7-44 leffersonville Zoning Ordinance
Entrance/Drive Standards (ED)
7.22 Entrance/Drive Standards (ED)
ED-01: This Entrance/Drive Standards section applies to the following districts:
The intent of Entrance and Drive Standards is to provide for a safe and efficient vehicular and
pedestrian transportation system. The follo~ving standards apply to entrances and drives.
A. All classification of roads shall be based on the Thoroughfare Plan as found and maintained in the
Jeffersonville Comprehensive Plan.
B. No entrance or drive shall be permitted to begin within:
a. Two-hundred (200) feet of any intersecting road if along anArterial (see "C" below in the illustra-
hon).
b. One-hundred fifty (150) feet of any intersecting road if along a Local Road (see "C" below in
the illustration).
The distances for the above standards shall be determined by measuring from Right of Way line
to the curb or edge of pavement (whichever is less) of the entrance or drive.
C. No two entrances or drives shall be within:
a. One-hundred (100) feet of one another if along an Arterial (see "D" below in the illustration).
b. Fifty (50) feet of one another if along a Local Street (see "D" below in the illustration).
The distances for the above standards shall be determined by measuring from the curb or edge of
pavement to the curb or edge of pavement (whichever is less) of each entrance, or drive.
D. No entrance or drive shall be permitted within:
a. One-hundred forty (140) feet of the apex of a curve (30 degrees or greater) where the road is
an Arterial.
b. Seventy (70) feet of the apex ora curve (30 degrees or greater) where the road is a Local
Road.
The location of drives on or near curves may be investigated individually by the Planning Director or
City Engineer and evaluated for their sight distance and the design speed of the roadway or the
posted speed limit, whichever is greater. In no case shall the Planning Director or City Engineer be
able to reduce the above stated distances by greater than fifbj percent (50%).
Article Seven: Development Standards 7-45
No entrance or drive shall exceed the following pavement widths for two-way traffic (if one-
way, the measurements shall be one-half (1/2) of the below measurements):
a. Thirty (30) feet if from a commercial, industrial, or institutional zoning district onto anArterial.
b. Twenty-six (26) feet if from a commercial, industrial, or institutional zoning district onto a
Local Street.
c. Thirty (30) feet if from a multifamily residential zoning disthct outo an Arterial.
d. Twenty-eight (28) feet if from a multifamily residential zoning district onto a Local Street.
e. Twenty-eight (28) feet if from a single-family residential zoning district onto any type of street.
The distances for the above standards shall be determined by measuring from the outside edges
of the curb or pavement (whichever is more) of the entrance, or drive.
F. The Plan Commission may determine if the following are necessary:
a. An acceleration or deceleration lane, or
b. A passing blister at a new entrance or drive.
G All curb cuts require an Improvement Location Permit at specified in Article 12,
Sectionl2.3(I)(g).
ED-02: This Entrance/Drive Standards section applies to the following districts:
In manufactured or mobile home parks with forty (40) or more dwelling sites:
A. Two (2) access points shall be required into and out of the manufactured or mobile home park.
B. Individual dwelling sites may only have driveways on interior roads.
7-46 leffersonville Zoning Ordinance
Vision Clearance Standards (VC)
7.23 Vision Clearance Standards (VC)
VC-01: This Vision Clearance Standards section applies to the following districts:
The intent of Vision Clearance Standards are to provide for a safe vehicular and pedestrian transpor-
tation system. The visibility at intersections, driveways, curb cuts, and entrances are particularly
important for the safe movement of vehicles and pedestrians.
The following Vision Clearance Standards apply to all intersections, drives, curb cuts, and entrances.
A. No entrance, curb cut, or drive shall be permitted if within:
a. One-hundred sixty (160) feet of the crest ora hill where the slope on either side of the crest is
six percent (6%) or greater, or the visibility is determined to be impaired by the Planning
Director or City Engineer, and the speed limit is 45 MPH or greater.
b. One-hundred (100) feet of the crest of a hill where the slope on either side of the crest is six
percent (6%) or greater, or the visibility is determined to be impaired by the Planning Director
or City Engineer, and the speed limit is 30 MPH or greater.
c. Eighty (80/feet of the crest of a hill where the slope on either side of the crest is six percent
(6%) or greater, or the visibility is determined to be impaired by the Planning Director or City
Engineer, and the speed limit is under 30 MPH.
B. All intersections must maintain a vision clearance triangle where no Primary or Accessory
Structures, or signs other than road signs are allowed to be placed or to project into The vision
clearance triangle is illustrated below.
The following triangle leg lengths will apply to the determination ora clear vision triangle.
a. AlongArterials 45 feet
b. Along Local Roads 20 feet
Article Seven: Development Standards 7-4 !
Telecommunication Facility Standards (TC)
7.24 Telecommunication Facilities Standards (TC)
TC-01: This Telecommunication Facilities Standards section applies to the following districts:
Statement of Purpose: The purpose of these standards is to provide for sensible and reasonable land
uses to allow for the provision of adequate reliable public and private telecommunication service; and
whereas, there is a need to maximize the use of any telecommunications transmission towers in
order to reduce the total number of towers needed to serve the telecommunications needs of the
area; and whereas, there is a need to minimize the adverse, undesirable visual effects of such
telecommunications towers and to provide for the reasonable location of such towers in the City of
Jeffersonville
General Provisions: All Wireless Telecommunication Facilities must comply with the following
provision.
A. Buffer Requirements: The location of the tower and equipment buildings must comply with all
local, state and federal natural resource protection standards. The following buffer plantings
must be located around the perimeter of the outer most perimeter or security fence of a telecom-
munications facility:
a. A live evergreen screen consisting ora hedge, planted three (3) feet on center maximum, or a
row of evergreen trees planted a maximum of ten (10) feet on center must be planted around
the entire telecommunication facility and each of the guy wires and anchors, if used, and the
height of all plants at the time of planting may be no less than five (5) feet;
b. Existing vegetation (trees and shrubs) must be preserved to the maximum sxtent possible on
the entire site; and
c. An eight (8) foot high wooden privacy and security fence shall completely surround the entire
telecommunications facility.
B. Access to Site: Proposed telecommunications towers and antennas must meet the following
access requirements:
a. Vehicular access to the tower and equipment building must be provided along any existing
driveways, whenever feasible.
b. The wireless telecommunications facility must be fully automated and unattended on a daily
basis, and may be visited only for periodic maintenance, emergencies, installations or equip-
ment removal.
C. Design Requirements: Proposed telecommunications towers and antennas must meet the
following design requirements:
a. Telecommunications towers and antennas must be designed to blend into the surrounding
enwronment through the use of color, camouflaging and architectural treatment, except in an
instance where the color is dictated by federal or state authorities such as the Federal Aviation
Administration.
b. The entire facility must be aesthetically and architecturally compatible with its environment.
The use of materials compatible with the surrounding environment such as wood, brick, or
stucco is required for associated support structures, which must be designed to architecturally
match the exterior of residential or commercial structures within the neighborhood or area.
Only if the facility will be one hundred percent (100%) screened during all seasons, with an
eight (8) foot high wooden privacy fence and evergreen shrubs, will other materials be approved.
7-48 Jeffersonville Zoning Ordinance
Telecommunication Facility Standards (TC)
(Continued)
c. Only lighting that is for safety or security' reasons, or required by' the Federal Aviation Admin-
istration or other federal or state authority is permitted. All required lighting must be oriented
inward so as not to project onto surrounding residential properties.
D. Co-Location Requirements:
a. At a minimum, a monopole must be constructed to support the initial user plus the anticipated
loading of the number of additional users required in accordance with this ordinance.
b. The site of the initial telecommunications tower and telecommunication facility must be of
sufficient area to allow for the location of one (1) additional telecommunications tower and
associated telecommunications facility.
c. Any proposed telecommunication tower must be designed, and engineered structurally,
electrically and in all other respects, to accommodate both the and the number of additional
users as required in accordance with this ordinance. Telecommunication towers must be
designed to allow for future rearrangement of cellular communication equipment and antennas
upon the tower and to accept cellular communication equipment and antennas mounted at
varying heights.
E. Siting Requirements: A proposal for a new telecommunications tower shall not be approved
unless the applicant submits verification that the telecommunication equipment planned for the
proposed tower cannot be accommodated on an existing or approved tower or buildings or other
structure due to one or more of the following reasons:
a. The planned cellular communications equipment would exceed the structural capacity of the
existing or approved towers, buildings, or structures as documented by a qualified and licensed
professional engineer, and the existing or approved towers, buildings or structures cannot be
reinforced, modified, or replaced to accommodate the planned cellular communication equip-
ment at a reasonable cost.
b. The planned cellular communications equipment would cause interference impacting the
usability of other existing cellular communications equipment at the site if placed on existing
structures. Supportive documentation by a qualified and licensed professional engineer
indicating that the interference cannot be prevented at a reasonable cost.
c. The existing or approved towers, buildings or structures within the search radius cannot
accommodate the planned cellular communications equiPment at a height necessary to
function reasonably as documented by a qualified and licensed professional engineer.
d. Other unforeseen reasons that make it unfeasible or impossible to locate the planned cellular
communications equipment upon an existing or approved tower, building or structure.
e. The applicant has been unable to enter a commonly reasonable lease term with the owners of
existing towers, buildings or structures.
f. Additional land area is not available at the base of existing towers, buildings or structures to
accommodate the proposed telecommunications facility.
F. Construction Requirements: All antennas, telecommunications towers, accessory structures and
any other wiring constructed within the Ieffersonville Plan Commission jurisdiction shall comply
with the following requirements:
a~ All applicable provisions of this ordinance and the Building Code of the State of Indiana, as
amended, and the Federal Communications Commission when applicable.
b. All telecommunications towers and cellular communications equipment shall be certified by a
qualified and licensed professional engineer to conform to the latest structural standards and
Wind loading requirements of the Uniform Building Code, as amended, and the Electronics
Industry Association.
Article Seven: Development standards 7~4~
Telecommunication Facility Standards (TC)
(Continued)
c. With the exception of necessary electric and telephone service and connection lines approved
by the Board of Zoning Appeals, no part of any cellular communications equipment or tele-
communications tower nor any lines, cables, equipment or wires or braces in connection with
either shall at any time extend across or over any part of a right-of-way, public street, high-
way, sidewalk, trail or property line without appropriate approval in writing.
d. All telecommunications towers and cellular communications equipment shall be designed to
conform with accepted electrical engineering methods and practices and to comply with the
provisions of the National Electrical Code, as amended.
e. All telecommunications towers and cellular communications equipment shall be constructed to
conform with the requirements of Occupational Safety and Health Administration.
f. All signal and remote control conductors of low energy extending substantially horizontally
above the ground between a tower and other cellular communications equipment, or between
towers, shall be at least ten (10) feet above the ground at all points, unless buried under-
ground.
g. All telecoran~unications towers and cellular communications equipment shall be designed and
constructed to all applicable standards of the American National Standards Institute manual,
as amended.
h. An engineer's certification shall be submitted for all telecommunications towers and all other
cellular communications equipment to document and verify the design specifications, including,
but not limited to, the foundation for all towers, anchors for all guy wires (if used), the location
of all co-location sites, strength requirements to withstand natural forces such as ice, wind,
earth movements, etc.
i. All telecommunications towers and cellular communication equipment shall be designed and
constructed, at a minimum, to withstand wind gusts of at least eighty (80) miles per hour with
one-half (1/2) inch of ice and to accommodate all co-location sites as required by this ordi-
G Existing Structures: The following shall apply to existing antennas, telecommunications towers
and cellular communications equipment:
a. May continue in use for the purpose now used and as now existing, but may not be replaced
or significantly structurally altered without complying in all respects to the requirements set out
in this Ordinance.
b. All requests to install any cellular conununications equipment on an existing approved or
"grandfathered' tower, building or structure must be submitted to the Department of Planning
and Zoning for approval. All such requests will only require an electrical permit, staffzoning
approval, and the contract between the applicant and the owner of the existing tower, building
or structure, unless other approvals are required as set out in this ordinance.
H. Inspection of Towers: The following shall apply to the inspection of telecommunications towers:
a. All towers may be inspected at least once every year[s], or more often as needed to respond
to complaints received, by an official of the Department of Plarming and Zoning, the City
Engineer, and/or a qualified and licensed consulting engineer to determine compliance with the
original construction standards. Deviation from original construction for which a permit was
obtained constitutes a violation of this Ordinance.
b. Notice of Violations will be sent by registered mail to the owner and the owner will have thirty
(30) days from the date the notification is issued to make repairs. The owner is required to
notify the Planning Director that the repairs have been made, and as soon as possible thereaf-
ter, another inspection will be made and the owner notified of the resuks of same.
7-50 Jeffersonville Zoning Ordinance
TelecommuniCation Facility Standards (TC)
(Continued)
I.
Abandoned Towers: Any tower unused or left abandoned for six (6) months will be removed by
the tower owner at its expense. Should the telecommunications tower owner fail to remove the
tower after thirty (30) days from the date a Notice of Violation is issued, the City of
Jeffersonville may remove the tower and bill the owner for the costs of removal and cleanup of
the site.
TC-02 This Telecommunication Facilities Standards section applies to the following districts:
A. All telecommunications facilities require a Special Exception approval from the Board of Zoning
Appeals and must meet the following and all other requirements of this ordinance;
B. All telecommunications towers must be set back from any property line a distance equal to at
least one hundred percent (100%) the height of the tower;
C. Maximum height: tower, one hundred (100) feet - accessory structure, fifteen (15) feet;
D. Telecommunications towers are not permitted in front yards;
E. Minimum number of additional co-location sites to be provided on a one hundred (100~ foot tower
is two (2);
F. All telecommunications towers must be a monopole design; and
G All telecommunications towers must be camouflaged through the use of color, materials and
landscaping as specified by this ordinance and the Planning Director.
TC-03 This Telecommumcation Facilities Standards section applies to the following districts:
A. All telecommunications facilities require a Special Exception approval from the Board of Zoning
Appeals and must meet the following and all other requirements of this ordinance;
B All telecommunications towers must be set back from any property line a distance equal to at
least eighty percent (80%) of the height of the tower,
C Telecommunications towers are generally not permitted in front yards, except where evidence
provided by the applicant demonstrates that placement in a front yard would provide the best
camouflage for the tower;
D. Maximum height: tower one hundred fifty (150) feet - accessory structure fifteen (15) feet;
E. Minimum number of additional antenna sites to be provided on a one hundred fiftY (150) foot
tower is four (4);
F. A tower may not be placed closer to any residential structure than five hundred (500);
G All telecommunications towers must be a monopole design; and
H. All telecommunications towers must be camouflaged through the use of color, materials and
landscaping as specified by this ordinance and the Planning Directon
Article Seven: Development Standards 7-51
Telecommunication Facility Standards (TC)
(Continued)
TC-04: This Telecommunication Facilities Standards section applies to the following districts:
A. All telecommunications facilities require a Special Exception approval from the Board of Zoning
Appeals and must meet the following and all other requirements of this ordinance;
B. All telecommunications towers must be set back from any property line a distance equal to at
least fifty percent (50%) of the height of the tower;
C. Telecommunications towers are generally not permitted in front yards, except where evidence
provided by the applicant demonstrates that placement in a front yard would provide the best
camouflage for the tower;
D. Maximum height: The tower shall be a max/mum of one hundred fifty (150) feet. The accessory
structure shall be a maximum of fifteen (15) feet;
E. M/mmum number ofadditional co-location sites to be provided on a one hundred fifty (150) foot
tower is four (4);
F. A tower may not be placed closer to any residential structure than five hundred (500) feet; and
G Alt telecommunications towers must be camouflaged through the use of color, materials and
landscaping as specified by this ordinance and the Department of Planning and Zoning.
TC-05 This Telecommunication Facilities Standards Section applies to all property located in the Jeffersonville
Historic District within the following districts:
A. An antenna or cellular communications equipment may be located on an existing building or
structure that is located in a Jeffersonville Historic or Conservation District only after obtaining a
Certificate of Appropriateness from the leffersonville Historic Preservation Commission, and
thereafter obtaining all other necessary and required approvals from the Planning Director;
B. A telecommunication facility or telecommunication tower is not permitted in or within one quarter
(1/4) of a mile of a Jeffersonville Historic or Conservation District.
7-52 Jeffersonville Zoning Ordinance
Adult Uses Standards (AU)
7.25 Adult Uses Standards (AU)
AU-01 :This Adult Uses Standards section applies to the following districts:
A. Adult bookstores or adult entertainment businesses shall be sited a minimum of twenty-five-
hundred (2500) feet from churches, parks or schools.
B. Adult entertainment businesses shall comply with the City of Jeffersonville's general ordinance
no. 95-OR-35, Operation of Live Adult Entertainment Businesses and its subsequent amend-
ments.
Article Seven: Development Standards 7-53
Special Exception Standards (SE)
7.26 Special Exception Standards (SE)
SE-01 :This Special Exception Standards section applies to thc following districts:
A. The development standards assigned to each zoning district are considered appropriate for the
permitted uses within that district. However, the development standards are not considered
appropriate for all special exception uses within a zoning district. For instance, some business
uses are allowed hi residential districts as special exceptions. In this case, residential develop-
ment standards would not necessarily be applicable.
B: The Board of ZoningAppeals shall determine which development standard sections within this
Article shall apply to all Special Exception Uses. The development standards determined to
apply shall be documented in the application and approval.
C. If the special exception use is a permitted use within another district, the development standards
for that district must be used as a guideline.
D. In situations where the special exception use is not a permitted use in any district, the most
stringent development standards may be assigned by the Board of Zoning Appeals as appropriate.
E. The approval process and criteria for Special Exceptions is in Article 12 of this Ordinance.
F. All special exceptions must meet the following requirements:
Special Exception Development Standard Requirements
All Single Family Residential Uses Development standards from R1 District
All Multifamily Residential Uses Development standards from M1 District
All Other Residential Uses Development standards from R1 District
Institutional/Public Facility Uses Development standards from IS District
Business: Auto Sales/Services Uses Development standards from C2 District
Business: Food Sales/Service Uses Development standards from C1 District
Business: General Business Uses Development standards from C1 District
Business: Office/Professional Uses Development standards from CC District
Business: Retail Uses Development standards from C2 District
Business: Personal Service Uses Development standards from C1 District
Business: Recreation Uses Development standards from PR District
Communication/Utility Uses Development standards from I1 District
Industrial Uses Development standards from 12 District
7-54 leffersonville Zoning Ordinance
Miscellaneous Standards (MC)
7.27 Miscellaneous Standards (MC)
MC-01: This Miscellaneous Standards section applies to the following districts:
A. Each manufactured or mobile home in a manufactured or mobile home park must be tied down
and have perimeter skirting.
MC-02: This Miscellaneous Standards section applies to the following districts:
Storage or parking of recreational vehicles is subject to the following conditions:
A. At no time may anyone occupy or use a parked or stored recreational vehicle for living, sleeping
or housekeeping purposes, except as outlined below.
B. A property owner may allow a recreational vehicle to park on the owner's property for up to
fifteen (15) consecutive days, but not to exceed thirty (30) total days in any one calendar year to
allow a visit by the recreational vehicle's occupant.
C. No more than one (1) recreational vehicle may be stored or parked outdoors on a residential
parcel at any one time.
D. A recreational vehicle shall not be parked on a parcel without a primary building.
E. The owner of a recreational vehicle may store or park the recreational vehicle behind or along-
side the primary building in such a manner that no part of the vehicle projects beyond the front of
the primary structure, side yard setback, or rear yard setback.
F. A recreational vehicle shall not block a sidewalk.
G A recreational vehicle shall not be used for personal storage.
This Miscellaneous Standards section applies to the following districts:
MC-04:
All side property lines must be within ten (10) degrees of perpendicular to the street center line or
radial on curve.
MC-05: This Miscellaneous Standards section applies to the following districts:
A. Temporary outdoor storage of construction materials, palettes and like materials must be sheilded
from view with a six (6) foot privacy fence on all sides.
B. Outdoor storage of products or materials for sale must be approved by the Planning Director.
MC-06: This Miscellaneous Standards section applies to the following districts:
Street addresses must be posted on all primary structures and be visible from primary roadway and/
or be posted on mailbox or other suitable structures visible from primary roadway.
Article Seven: Development Standards
MC-07: This Miscellaneous Standards section applies to the following districts:
Dumpsters, compactors and similar containers must be screened on all sides by a fence or wall and
must be constructed with the same exterior building materials as the primary structure. However,
glass or similar translucent and breakable materials shall not be used. The height of the enclosure
must be five (5) feet tall or higher if the height does not block the view of the dumpster, compactor
or similar container.
7-56 Jeffersonville ZOning Ordinance
Article Eight
Planned Developments
"PD" District Intent and Permitted Uses
8.1 District Intent, Permitted Uses and Miscellaneous Standards
'*~* '~i "~' ~ Miscellaneous St~9o~irds
~ ~Str,!ct~tent ~i * e
T r p d§~s ~ ~{ y h~'~r~gulatl Minimum Land Areai~ ~/ ~;~
ar~ ov(Ee g~at~ ,10 acres to quali~ fo~ ~h~ pD
~gxibll~y in ~ d~ o ~Of land~ o~
~hen ist~nt~h th fe:~' ~; ,MinimumL°tFrOhtage:
~ina~6~n~=~isi~ C~6~ ~ ~ 300 feet on a Public ~re~ With
~ access from said Pu~li~'~ree(
n T~ ~l~nn
Maximum Lot Coy?age
D ~'~ ~ih~ ati~
~-~bcesso ~ st~dt U ~es, and i~P~ious
.... ¢% ~%~: ~udace cannot exceed 65% ofthe Eot
st ~roOm~6~ for ' ~¢g~be ~ i ¢~ Maximum Structure
S~op or~Otk~g' :". · 50 feetfor the PdmaFj~[ucture
. ~ ,20 feet ~6r Acc~ ruct~ms~
~e P ¥'~ ¢~ Mioimum O~d Space:
f(~s a res;~? apDlv to
t~ h~r~v~m 'ing ¢~; ~y bb' *30% (gross area) for te~Jdentiall~~
;~en8 ~ ............ ~ dominant Planned D~velopm'eh~
· 15% :(g~gg
Fu ~t h ey~ e~aily domina~{ ~i~d De~ ts
larg ts 6f ladd: ~
t ~e gt nds~ :¢,~'~
of O~ni~ may 5~ itb. ,;,, ,
dec nd I~'~obf~f sites and ' (: '~' ~ ....
p~ojec ob~dal rag~a~';:'~ ~
e~ien f ~e of hat ~'~"
' ';':
t6~enefif 6f t~ ~uni~ e. ";'
inclu~¢¢{h n of ex
trees tl~'fi~ds ~nE t~.9. nc ~ 0~
gd bd'v'slOn'~% .~¢~~
8-2 jeffersonville Zoning Ordinance
8.2
8.3
8.4
8.5
General
Planned Developments are a special district that can be pursued by an applicant.
Rezoning to a Planned Development District
A. Planned Development districts can only be created from the RI~ R2, Mi, M2, OC, HC, C1, C2, I1 and
I2 Zoning Districts. From each of these Zoning Districts (called Base Zone District during the
application process) the following Planned Development Districts can be created once the Detailed
Development Plans are approved by the Plan Commission. They are:
R1 Districts can only be rezoned to PD-R1
· R2 Districts can only be rezoned to PD-R2
M1 Districts can only be rezoned to PD-M1
M2 Districts can only be rezoned to PD-M2
OC Districts can only be rezoned to PD-OC
HC Districts can only be rezoned to PD-HC
C1 Districts can only be rezoned to PD-C1
C2 Districts can only be rezoned to PD-C2
I1 Districts can only be rezoned to PD-I1
I2 Districts can only be rezoned to PD-I2
B. No other Zoning District can be rezoned directly to a PD District. An applicant may first ask that a
property be rezoned to a Zoning District that allows PD Districts. Further, if an applicant wants a PD
district based on a different Base Zone a successful rezoning request to change the existing Zoning
District to the preferred Base Zone must first be accomplished.
Planned Development Uses
Planned developments may contain mixed uses. Depending on the previous zoning the maximum overall
square footage allowed by type is as follows:
Base Zone District PD District Residential Commercial Manufacturing
R1 PD-R1 100% 15% 0%
R2 PD-R2 100% 20% 0%
M1 PD-M1 100% 40% 0%
M2 PD-M2 100% 50% 0%
OC PD-OC 50% 70% 0%
HC PD-HC 30% 100% 0%
C1 PD-C 1 40% 100% 0%
C2 PD-C2 40% 100% 0%
I1 PD-I1 0% 40% 80%
I2 PD-I2 0% 20% 85%
Origination of Proposals
Any applicant may propose a Planned Development District in accordance with the procedures hereinaf-
ter established. Further, the applicant making such a proposal must intend to act as developer or sponsor
of the development. A parcel or site proposed for a Planned Development need not be under single
ownership. However, if not under single ownership, the multiple owners must have a contractual agree-
ment not to develop the parcels separately, but in accordance with a single, unified plan, and in which the
separate owners have given their express intentions to enter into such private agreements and to assure its
completion as planned to the satisfaction of the Plan Commission.
Article Eight: Planned Developments 8-3
8.6 General Procedure
The general procedure for establishing a Planned Development (PD) is as follows:
A. Prior to filing for a rezone petition, the applicant must submit a conceptual sketch plan to the Planning
Director. The Planning Director will make a cursory review of the conceptual plan and give the
applicant comments within thirty (30) days of submission.
B. The applicant files a rezone petition to the PD classification and detailed development plan to the Plan
Commission. Ifa subdivision plat is necessary prior to an Improvement Location permit it shall be
filed at this time and shall follow those procedures set forth in the Seffersonville Subdivision Control
Ordinance.
C. The Plan Commission will schedule a public hearing for the mzoning of the property and for review of
the detailed development plan.
D. The Plan Commission will give a favorable or unfavorable recommendation to the City Council to
grant or deny the rezoning request.
E. The City Council will, within thirty (30) days, review the rezoning petition, the recommendation from
the Plan Commission and vote to approve or disapprove the request.
F. If the City Council approves the rezoning, the land is officially rezoned and the applicant may move
forward with the detailed development plan approval process.
G The Official Zoning Map must be amended to reflect the zoning change, date of approval by the City
Council, and the docket number
H. The Plan Commission must approve the detailed development plan prior to the issuance of an Im_
provement Location Permit. Ifa subdivision plat is required, the secondary plat must be approved
prior to the issuance of an Improvement Location Permit pursuant to the Jeffersonville Subdivision
Control Ordinance.
I. When approved, the detailed development plan shall be stamped and signed by the Plan Commission
president and secretary. The applicant may then begin procedures for obtaining Improvement Loca-
tion and building permits.
Detailed descriptions of each general step outlined above are discussed in the following sections.
8.7 Conceptual Site Plan Review
A. Prior to filing for a rezone petition, the applicant shall submit a conceptual site plan to the Planning
Director. The Planning Director shall review the conceptual site plan and g~ve the applicant comments
within thirty (30) days of submission.
B. In reviewing the conceptual site plan the extent to which the proposal fulfills the intent ofthis Article
and the spirit and intent of the Comprehensive Plan will be considered.
C.The applicant may, if desired, also submit the conceptual site plan for the Plan Comrmssion to review.
D. After the applicant has received conceptual review, he/she may file a rezone petition to the PD
classification and detailed development plan to the Plan Commission.
8.8 Conceptual Site Plan Data
The scale of the plan shall not exceed 1 "=100'. The conceptual site plan may include any additional
graphics which will explain the features of the development. The following shall be included in the concep-
tual site development plan submission:
A. Description.
a. Name and address of the applicant.
b. Proof of ovmership.
c. Proposed name of development (if applicable).
d. Address of the site.
e. Legal description of the real estate.
f. Name and address of land surveyor.
8-4 jeffersonViiie Zonin80rdinance
8.9
8.10
g. Legend and notes, including a graphic scale, north point, and date.
h. A separate location map, to scale, showing the boundary lines of adjacent land and the existing
zoning of the area proposed to be developed as well as the adjacent land.
B. Existing and Proposed Conditions.
a. Existing and proposed layout of streets, open space and other basic elements of the plan.
b. Existing and proposed easements and their purpose.
c. Location of natural streams, regulated drains, 100-year flood plains, floodway, water courses,
marshes, wooded areas, isolated preservable trees, wetlands, historic features, existing structures,
dry wells, utility lines, fire hydrants and any other significant feature(s) that may influence the
design of the development.
d. General description of, location of, and types of structures on the site.
e. Proposals and plans for handling traffic, parking, sewage disposal, tree preservation and removal,
lighting, signage, landscaping, and other pertinent development features.
f. A general statement of the covenants to be made a part of the Planned Development as well as
the order and estimated time of development.
g. A statement of the proposed order of development of the major elements of the project. This
includes phasing, if applicable, and the order and content of each phase.
h. The land use categories within the development, including proposed densities of said uses.
Filing Procedure
A. The applicant shall submit for review the rezoning request and detailed development plan thirty (3 0)
days prior to a scheduled Plan Commission public hearing.
B. The petition shall be signed by the owner or owners of all real estate involved in the petition for the
Planned Development, or shall have attached thereto letters of consent to change to a PD classifica-
tion by all such owners prior to the filing.
C. If a subdivision plat is necessary m conjunction with the rezone petition, the primary (preliminary) plat
shall also be filed at this time for review by the Plat Review Committee and shall follow those proce-
dures set forth in the Jeffersonville Subdivision Control Ordinance. However, any such approval shall
be conditioned upon City Council approving the rezone request to a PD district.
D. The Plan Commission will schedule a public hearing for the rezoning of the property and for review of
the detailed development plan.
Detailed Development Plan Data
The scale of the plan shall not exceed l"=100'. The detailed development plan may include any additional
graphics which will explain the features of the development. The following shall be included in the detailed
development plan submission:
A. All documents and information included in the conceptual site plan, as updated and/or amended.
B. Written approval from the Jeffersonville Drainage Board.
C. Improvement plans for all infrastructure improvements required or proposed in the PD.
D. Proposed covenants, conditions or restrictions.
E. Compilation of information shall:
a. Include an index identifying all documents included in the detailed development plan.
b. Include a cover sheet indicating that it is the detailed development plan and indicating the date and
case number.
c. Be bound together and all documents submitted on paper 8- I/2 x 11 inches in dimension, except
for the maps, sketches, plans and conceptual layout(s) which must be folded to 8 1/2 x 11 inches.
Article Eight: Planned Developments 8-5
8.11
8.12
Public Hearing
Any planned development approval which is reviewed by the Plan Commission shall have a public hearing.
Notification of public hearing shall be per Article 12, Section ][2.2 of this Ordinance.
Detailed Development Plan Approval
A. In their review of the detailed development plan the Plan Con,mission should consider the extent to
which the proposal fulfills the intent of this Article and the spirit and intent of the Comprehensive Plan.
B. Upon review, the Plan Commission will give a favorable or unfavorable recommendation to the City
Council to grant or deny the rezoning.
C. The Plan Commission may permit or require written commitments concerning the use or development
of the property in connection with a favorable recommendation of the rezoning request or detailed
development plan approval of a PD.
D. If the Plan Commission gives an unfavorable recommendation, the applicant may revise the proposed
detailed development plan and resubmit the revised detailed development plan within thirty (30) days to
the Plan Commission.
E. The City Council will, within thirty (30) days, review the rezoning petition, the recommendation from
the Plan Commission and vote to approve or disapprove the request.
F. If the City Council disapproves the rezoning, the applicant must wait one ( 1 ) year before resubmitting
another petition.
G If the City Council approves the rezoning, the land is officially rezoned.
H. The Official Zoning Map must be amended to reflect the Zoning Change, date of approval by the City
Council, and the docket number.
I. Prior to si~ing of the detailed development plan surety shall be posted (if applicable) in an amount that
is consistent with the cost of improvements outlined in the approved improvement plans.
J. Detailed development plan approval is required prior to the issuance of an Improvement Location
Permit. Ifa subdivision plat is required, the secondary (final) plat must be approved prior to the
issuance of an Improvement Location Permit pursuant to the Jeffersonville Subdivision Control
Ordinance.
K. The Plan Commission may specify any additional plan documentation or supporting information not
already stated that is required prior to the issuance of an Improvement Location Permit.
L. When approved, the detailed development plan shall be stamped and signed by the Plan Commission '
President and Secretary.
M. All written commitments shall be recorded with the Clark County Kecorder and must clearly state that
they are enforceable by, as a minimum, the Plan Commission.
N. Upon 100% completion ofthe development the public properties shall be dedicated to the City if
required or allowed by the Detailed Development Plan. Also, the Plan Commission or
representative(s) will review the completed project for compliance to the Detailed Development Plan.
8.13
Minor Modifications
The Planning Director may from time to time in its administration of the PD, approve minor modificatinns
of the Development Plan or Improvement (construction) Plans without a public hearing in a manner
consistent with the purpose or intent of the overall development. Such modifications shall not include any
increase in density, any reduction in aesthetic treatment, any alteration of frontage, any change in type of
use, or any change in access points.
An adversely affected party may appeal any decision by the Planning Director to the Plan Commission
within thirty (30) days of the determination. The Plan Commission has the authority to establish rules
governing the nature of proceedings and notice required to make a modification under this Article.
8-6 Jeffersonville Zoning Ordinance
8.14 Covenants and Maintenance
Covenants, when required by the Commission, shall be set forth in detail. Furthermore, covenants shall
provide for the release of restrictions upon execution ora document so stating and suitable for recording,
bearing signatures of the Plan Commission President and Secretary, upon authorization by the Plan
Commission and signatures of all the owners of property in the area involved in the petition for whose
benefit the covenant was created. Covenants required by the Plan Commission shall provide that their
benefits be specifically enforceable by the Commission. An executed recorded copy shall be provided to
and maintained in the Plan Commission office.
Adequate provision shall be made for a private organization (i.e., Homeowners Association) with direct
responsibility to, and control of the property o~vners involved to provide for the operation and maintenance
of all common facilities if such facilities are a part of the Planned Development, and, in such instance legal
assurances shall be provided which show that the private orgamzation is self-perpetuating.
All common facilities not dedicated to the public shall be maintained by the aforementioned private organi-
zation in such a manner that adequate access is provided at all times to vehicular traffic so that fire, police,
health, sanitation, and public utility vehicles can serve the properties contiguous or adjacent thereto, and so
that said vehicles will have adequate taming area. All Streets and roadways not dedicated to the public
shall be operated and maintained at no expense to any goverranental unit.
8.15 Recording
All approved detailed plans, covenants, comrmtments, plats, and modifications thereof shall be recorded in
the office of the Clark County Recorders Office within ten (10) days of approval. The developer shall
provide two (2) copies bearing recording information to the Plan Commission for its records.
8.16 Construction
No construction or installation work may commence on any public improvements until satisfactory im-
provement plans and specifications have been submitted and approved by the Plan Commission and until
the applicant provides, at least forty-eight (48) hours notice to the City Engineer or entity having jurisdic-
tion of the public facility, in order that inspections may be made as the work progresses.
All development shall be in conformity with the approved detailed development plan and improvement
plans. Any material deviation from the plans is subject to appropriate enforcement action.
8.17 Extension, Abandonment, Expiration
An extension, not to exceed twelve (12) months, for accomplishing any matters set forth within this Article
may be granted by the Plan Commission for good cause shown.
Upon the abandonment of a development authorized under this section (abandonment shall be deemed to
have occurred when no (or minimal) improvements have been made pursuant to the approved detailed
development and improvement plans for nine (9) consecutive months), or upon the expiration of three (3)
years from the approval of the detailed development and improvement plans for a development which has
not been completed, the land will revert to the Base Zoning District. The Plan Commission may grant one
(1) twelve (12) month extension. If an extension for expiration is granted such extension shall be re-
corded.
8.18
Rules of Procedure
All proceedings brought under this section are subject to the Rules of Procedure of the Plan Commission,
where not described otherwise herein.
Article Eight: Planned Developments 8-/
8.19
Limitation of Rezoning
Any initiative of the Plan Commission to amend the Zoning Ordinance or Subdivision Control Ordinance
that would affect an approved Planned Development before its completion, shall not be enforced on the
Planned Development. 0nly in the case that the Planned Development is no longer in conformity with the
Approved Detailed Construction or Development Plans or is not proceeding in accordance with the time
requirements imposed herein or by agreement, will the new amendiuents of the Zoning Ordinance or
Subdivision Control Ordinance apply.
8-8 Jeffersonville Zoning Ordinance
Article Nine
Development Plans
Article Nine
Development Plans
9.'1 Intent
The purpose of these regulations is to encourage innovative and creative design within the spirit and intent
of the Comprehensive Plan and this Ordinance in areas with special characteristics and opportunity.
9.2 Development Plan Required
A. A development plan is required if the applicant wants specified development incentives in the following
district:
a. Medium Density Residential (R2) .................................................................................... page 9-2
B. A development plan is required in the following districts:
a. Limited Multifamily Residential (M1) ............................................................................... page 9-4
b. General Multifamily Residential (M2) ............................................................................... page 9-4
c. Lease Lot Residential (LL) ............................................................................................... page 9-4
d. Commercial Corridor Overlay (CC-OL) .......................................................................... page 9-6
e. Utica Pike Overlay District (UP-OL) ................................................................................ page 9-9
9.3 Development Plans Generally
A. Development requirements per district are located in Sections 9.4 through 9.7. When considering
filing a development plan petition, it is suggested that these requirements be reviewed first.
B. After the development requirements per district have been reviewed, the basic process for develop-
ment plan approval is described in Section 9.8 Plan Commission will review all development plans
unless stated otherwise in this Article.
9.4 Cluster Incentive for Medium Density Residential (R2)
Intent: To encourage innovative and creative design which will benefit the community as a whole by
preserving desirable open space, wetlands, woodlands, and other natural assets through the clustering of
single-family homes.
A. The following information is required at the time of filing for development plan approval in this
District.
Site Plan (see page 9-12 for more information)
Building Elevations (see page 9-13 for more information)
Sip Plan (see page 9-13 for more information)
Lighting Plan (see page 9-13 for more information)
Landscape Plan (see page 9-14 for more information)
B. Plan Commission may decrease the minimum tot size from 9,000 square feet to 7, 200 in the R2
district under the following conditions.
a. Density: Lot dimensions may be reduced to 7, 200 square feet provided the number of residen-
tial lots shall be no greater than if the land area was subdivided under the minimum lot sizes in
the R2 district.
9-2
Jeffersonville Zoning Ordinance
b. Open Space: For each square foot of land gained through the reduction of lot size below the
minimum requirements, equal amounts of land shall be dedicated to the common use of the lot
owners in the development. In order to ensure continued maintenance of the open space the
owner/developer must record a permanent written covenant establishing ownership, responsibility
for maintenance and liability in a homeowner or equivalent entity. The agreement must be re-
viewed/approved by the Planning Director and/or City Attorney. The developer must record the
restrictive covenant in the office of the Clark County Recorder prior to the city issuing a building
permit.
c. Open Space Minimum: The area to be dedicated for the common use of the development's
residents may not be less than one (1) acre (43,560 sq. ft.) and must receive Plan Commission
approval as to location and configuration.
I. A parcel that is transected by a stream will be considered one (1) parcel.
2. The land area necessary to meet the minimum requirements of this section may not include
easements, bodies of water, swamps or lands with excess grades making it unsuitable for
recreation.
d. Contiguous Open Space: If the proposed open space is contiguous to other open space, the Plan
Commission may reduce the open space required in Section 9.4B.b. of this Article at its discretion.
However, the reduction of required open space may not exceed twenty percent (20%). In
addition, the following conditions apply:
1. The open area must appear to be one space.
2. Residents of the development must have access to both spaces.
3. The applicant must be able to assure that the contiguous open space will remain as such.
4. The o~,mer/developer must sign a permanent written agreement establishing ownership,
responsibility for maintenance and liability. The agreement must be reviewed/approved by the
Planning Director and/or City Attorney. The developer must record the agreement in the
office of the Clark County Recorder prior to receiving a building permit. A copy of the
recorded agreement Will be kept in the office of the Plan Commission.
e. Pedestrian Access: The open space must be accessible to all owners or residents Within the
development or project and their guests by sidewalk or other finished footpath.
f. Detached/attached: All cluster housing units must be detached; however the Plan Commission
may allow up to twenty percent (20%) of the total project units to be attached when it is shown to
and accepted by the Plan Commission that the use of attached housing units are necessary to
reduce the impact of development on the site.
C. In order to further encourage innovative site designs that enhance the quality of the built envir°nment
in medium density residential districts, the Plan Commission may grant a waiver of any landscaping or
setback standards outlined in Article Seven. To grant this waiver the Plan Commission must specifi-
cally find that the proposed development:
a. Displays an innovative use of building design, building materials, site design features, open space
or landscaping which will enhance the use and value of neighboring properties;
b. Is consistent with the intent of the subject zoning district; and,
c. Is consistent with the intent of Section 9.4 of this Article, "Cluster Incentive for Medium Density
Residential (R2).
Article Nine: Development Plans 9-J
9.5
D. The Plan Commission shall make written findings concerning each decision to approve or disapprove a
development plan. In order to approve a development plan in this district the Planning Director must
fred that the proposed development plan:
a. Displays an innovative use of building design, building materials, site design features, open space
or landscaping which will enhance the use and value of neighboring properties;
b. Is consistent with the Comprehensive Plan;
c. Is consistent ~vith the intent of Section 9.4 of this Article, "Cluster Incentive for Medium Density
Residential (R2); and,
d. Satisfies the development requirements specified in this Article.
Limited Multifamily Residential (MI), General Multifamily Residential (M2) and Manufactured
Home Park (MP) Districts
Intent: To promote innovative and creative design in higher density residential districts in order to further
enhance the quality of life for the citizens of Jeffersonville.
A. In proposed developments with less than three (3) primary strnctums, development plan review is
delegated to the Planning Director.
B. In proposed developments with three (3) or more primary structul'es, the Plan Commission must
review the development plan.
C. The applicant is required to provide the following information at the time of filing for development plan
approval in these Districts.
Site Plan (see Section 9-11 for more information)
Building Elevations (see Section 9-12 for more information)
Sign Plan (see Section 9-13 for more information)
Lighting Plan (see Section 9-14 for more information)
Landscape Plan (see Section 9-15 for more information)
Tree Preservation (see Section 9-16 for mom information)
D. In order to receive development plan approval, the applicant must satisfy all of the development
standards of the proper district (MI, M2 or MP). In addition, the following development standards
apply.
a. Signage: All signs must be designed to create a unified and consistent sign package for the
development.
b. ~nteri~r private r~ads: ~nteri~r private r~ads must meet c~nstructi~n criteria f~r pub~ic r~ads as
set forth in the Subdivision Control Ordinance. (Note: this does not apply to road widths, so long
as emergency access is possible.)
c. Traffic Management: The design and location of proposed street access points must minimize
congestion. The entrances, streets and internal traffic facilities must he compatible with existing
and planned streets in adjacent developments. Additional driveways may be required to ensure
safe emergency access based on fire department and city engineer review.
d. Traffic circulation pattern: The design and layout of the development must have a clear circula-
tion pattern that is sensitive to topography and other natural features.
e. Pedestrian Access: The design of the proposed development plan must provide adequate pedes-
trian connections within the development and safe street crossings to adjacent land uses. This
includes a sidewalk along adjacent street(s). The Plan Commission may determine that an
alternative to a sidewalk along adjacent street(s) better serves the purpose of connecting commer-
cial destinations.
f. Lighting: All lighting must be designed to create a unified and consistent lighting package for the
development. Lighting standards in parking areas may not exceed twenty (20) feet in height. All
lighting must be Metal Halide, have cutoffluminaires (shielded down lighting), andbe consistent
with the architectural style of the primary building.
9-4
jeffersonViile zonin$ Ordinance
9.6
g. Variation in housing type: In order to prevent monotony, at least every third structure must vary
the housing type/design.
h. Open Space: Developments that are four (4) or more acres must have a minimum often percent
(10%) of the total lot area developed as recreational open space. Open space shall be configured
for the activity for which it is designed. Additional recreational open space requirements are as
follows:
1. At least seventy-five percent (75%) of the open space created must consist of tracts of land
at least fifty (50) feet wide.
2. The open space shall be accessible to all owners or residents within the development or
project and their guests by way of sidewalk or other finished footpath.
3. If the development or project is adjacent to a city park facility a direct liakage to such park
shall be provided.
i. Additional Open Space for the MP District: The minimum dwelling site size may be reduced
provided that the amount the site size is reduced is devoted to recreational open space and the
dwelling site size is not less than 3200 square feet.
E. In order to further encourage innovative building designs capable of enhancing the quality°fthe built
environment in higher density residential districts, the Plan Commission or Planning Director (depend-
ing on who reviews the proposal) may grant a waiver of any landscaping or setback standards outlined
in Article Seven. In order to grant this waiver the Plan Commission or Planning Director must find
that the proposed development:
Displays an innovative use of sign design, building design, building materials, site design fea-
tures, open space or landscaping that will enhance the use and value of neighboring properties;
and
Is consistent with the intent of the subject zoning district.
F. The Plan Commission or Planning Director (depending on who reviews the proposal) must make
written findings concerning each decision to approve or disapprove a development plan. In order to
approve a development plan in these districts the Plan ComnUssion or Planning Director must find that
the proposed development plan:
a. Is consistent with the Comprehensive Plan,
b. Is consistent with the intent of the District, as described in Article Three, and
c. Satisfies the de~elopment requirements specified in this Article.
Commercial Corridor Overlay District
Intent: To promote innovative and creative design along maj or corridors in Jeffersonville; To minimize the
negative impacts caused by strip commercial development, loading facilities, storage facilities, sign clutter
and proliferation of access points; To ensure commercial development is compatible with its surrounding
areas; and, To strengthen the quality of life through design that contributes to the unique character of
Jeffersonville.
A. The following inforrnation is required at the time of filing for development plan approval in this District'
Detailed descriptions of what is required on these plans is provided later in this Article.
Site Plan (see Section 9-11 for more information)
Building Elevations (see Section 9-12 for more information)
Sign Plan (see Section 9-13 for more information)
Lighting Plan (see Section 9-14 for more information)
Landscape Plan (see Section 9-15 for more information)
Tree Preservation Plan (see Section 9-16 for more information)
Article Nine: Development Plans
B. In order to receive development plan approval the applicant must satisfy all of the development
standards of the Commercial Corridor Overlay District. In addition, the following development
standards apply.
a. S~gnage: All signs must be designed to create a unified and consistent sign package for the
development. Signs may not be constructed of materials that are inferior to the principal materials
of the building and landscape.
b. Outdoor Storage: No un-screened outdoor storage is permitted.
c. MechamcalEquil~ment: All mechanical equipment must be screened by vegetation, fencing or a
building feature (i.e. a parapet). Screening must eliminate the sight of mechanical equipment from
any spot within four hundred (400) feet of the mechanical equipment.
d. L~ghtmg: All lighting must be designed to create a unified and consistent lighting package for the
development. Lighting standards in parking areas may not exceed twenty (20) feet in height. All
lighting must be Metal Halide, have cutoff luminaires (shielded down lighting), and be consistent
with the architectural style of the Primary Building.
e. Roofs: Roofs must be a gable design with slopes between fifteen (15) and forty-five (45) de-
grees. Multiple roof planes are encouraged.
f. Traffic Management: The design and location of proposed street access points must minimize
congestion. The entrances, streets and internal traffic facilities must be compatible with existing
and planned streets in adjacent developments. Shared driveways and internal connections to
adjacent sites are required wherever feasible.
g. £edestr~an Access: The design of the proposed development plan must provide adequate pedes-
trian connections within the development and safe street crossings to adjacent land. This includes
a sidewalk along adjacent street(s). The Plan Commission may determine that an alternative to a
sidewalk along adjacent street(s) better serves the purpose of connecting commercial destinations.
h. Facades greater than one-hundred (100~ feet in length: In order to add architectural interest
and variety and avoid the effect of a single, long or massive wall with no relation to human size,
the following additional standards apply for facades greater than one-hundred (100) feet in length.
A standardized prototype design must be modified if necessary to meet the provisions of this
Article.
1. No wall that faces a street or connecting walkway may have a blank, uninterrupted length
exceeding one-hundred (100) feet without including at least two (2) of the following design
elements:
change in plane (recess or projection),
change in texture or masonry pattern,
windows, or
an equivalent element that subdivides the wall into human scale proportions.
2. Any change in wall plane such as projections or recesses must have a depth of at least three
(3) percent of the length of the facade.
3. Building facades must include a repeating pattern that includes color change and texture
change. At least one (1) element (texture or color change) must repeat horizontally. Both
elements must repeat at intervals of no more than thirty (30) feet, either horizontally or
vertically.
4. Overhanging eaves must extend no less than throe.(3) feet past the supporting walls must be
provided.
9-6 Jeffersonville Zoning Ordinance
i. Facades less than one-hundred (JO0) feet in length: In order to add architectural interest and
variety and avoid the effect of a single, long or massive wall with no relation to human size, the
following additional standards apply for facades less than one-hundred (100) feet in length. A
standardized prototype design must be modified if necessary to meet the provisions of this Article.
1. No wall that faces a street or connecting walkway shall have a blank, uninterrupted length
exceeding thirty' (30) feet without including at least two (2) of the following: change in plane
(recess or projection), change in texture or masonry pattern, windows, treillage with vines, or
an equivalent element that subdivides the wall into human scale proportions.
2. Any change in wall plane such as projections or recesses shall have a depth of at least three
(3) percent of the length of the facade.
j. Facades Generally: The building facade facing any' adjacent street must have a finished facade.
No loading docks or trash collection bins may be placed on or along the facades that face any
adjacent street.
k. Entrances: Each establishment on a site shall have clearly defined, highly visible customer
entrances featuring at least two (2) of the following:
canopies or porticos,
recesses/projections,
arcades,
peaked roof forms,
arches,
display windows, or
architectural details such as tile work and moldings which are integrated into the building
structure and design.
1. Central Features and Community Space: Proposed developments or projects that include over
one-hundred fifty thousand (150,000) square feet must comply with the following standards. This
square footage requirement applies to any combination of buildings or lots in a cohesive commer-
cial project or development.
1. Each development or project must contribute to the establishment or enhancement of commu-
nity and public spaces by providing at least two (2) of the following:
· patio/seating area,
pedestrian plaza with benches,
transportation center (bus station, etc.),
window shopping walkway,
outdoor playground area,
water feature,
clock tower, or
other such deliberately shaped area and/or a focal feature or amenity that, in the judgment
of the Plan Commission, adequately enhances the development's community and public
spaces.
2. Any such areas shall have direct access to the public sidewalk network and such features
shall not be constructed of materials that are inferior to the principal materials of the building
and landscape.
Article Nine: Development Plans 9- /
2
9.7
C. The Plan Commission may increase the maximum amount of parking permitted in front of the primary
structure under the following conditions:
a. If the applicant adds landscaping, additional greenspace, berms anct/or walkways to better screen
and/or break up the visual appearance ora large parking lot from the street:
b. The Plan Commission must find that the visual impact of additional parking is lessened in direct
correlation to the amount of additional parking area.
c. The Plan Commission must find that this waiver of development requirements complies with the
spirit and intent of the Comprehensive Plan.
D. In older to further encourage innovative building designs capable of enhancing the quality ofthe bulk
enw[onm~nt along key commercial corridors, the Plan Commission may grant a waiver of any land-
scapmg, s~gn or setback standards outlined in Article 7. In order to grant this waiver the Plan Com-
mission must find that the proposed development:
Displays an innovative use of sign design, building design, building materials, site design features or
landscaping that will enhance the use and value of neighboring properties, and
Is consistent with the intent of the Commercial Corridor Overlay district.
E. The Plan Commission must make written findings concerning each decision to approve or disapprove
a development plan. To approve a development plan in this district, the Plan Commission must fmd
that the proposed development plan:
a. Is consistent with the Comprehensive Plan;
b. Is consistent with the intent of the Commercial Corridor Overlay District; and,
c. Satisfies the development requirements specified in this Article.
Utica Pike Overlay District
Intent: To promote and preserve the scenic, natural character of Utica Pike; and, to promote innovative
development that contributes to the special characteristics of Utica Pike.
A. The following information is required at the time of filing for development plan approval in this District.
Detailed descriptions of what is required on these plans is provided later in this Article.
Site Plan (see Section 9-12 for more information)
Sign Plan (see Section 9-13 for more information)
Lighting Plan (see Section 9-14 for more information)
Landscape Plan (see Section 9-15 for more information)
· Tree Preservation Plan (see Section 9-16 for more information)
B. In order to receive development plan approval the applicant must satisfy all of the applicable develop-
ment requirements of the Utica Pike Overlay District. In addition, the following development stan-
dards apply.
a. Signage: All signs shall be designed to create a unified and consistent sign package for the
development.
b. Tree Preservation: Trees over six (6) inch caliper at four and one-half (4 1/2) feet above grade
and all flowenng trees and shrubs over six (6) feet in height shall be retained and preserved
whenever possible. If for whatever reason the trees can not be retained or preserved, they shall
be replaced with a tree or shrub of like kind at a ratio of 2:1. Minimum planting sizes are as
follows: 2" caliper deciduous shade tree, 6' evergreen tree, 18" shrub or 6' ornamental tree. Trees
or shrubs that are dead or dying prior to any development disturbance am exempt from this
provision.
c. Maintenance of Landscaping: Trees and vegetation, irrigation systems, fences, walls and other
landscape elements shall be considered as elements of the project in the same manner as parking
and other site details. The applicant, landowner or successors in interest are responsible for
regularly maintaining all landscaping elements in good condition. All landscaping shall be main-
9-8 Jeffersonville Zoning Ordinance
9.8
tained free from disease, pests, weeds and litter, and all landscape structures such as fences and
walls shall be repaired and replaced periodically to maintain an aesthetically and structurally sound
condition. This does not preclude the use and enjoyment ora wildlife area that is certified by a
state or nationally recognized organization. Plantings within a certified wildlife area may be
counted toward the minimum landscaping requirements as determined by the Planning Director.
d. Building Facades: The building facade facing any adjacent street must have a finished facade.
No loading docks or trash collection bins may be placed on or along the facades that face any
adjacent street.
e. Outdoor Storage: No un-screened outdoor storage shall be permitted.
f. Parking: Off-street parking shall be screened from view all year round. Screening shall promote
and preserve the scenic natural character of Utica Pike.
g. Mechanical Equipment: All mechanical equipment must be screened by vegetation, fencing or a
building feature (i.e. a parapet). Screening must eliminate the sight of any mechanical equipment
from any spot within four hundred (400) feet of the mechanical equipment.
h. Scenic Views: Where a proposed structure will eliminate more than fifty percent (50%) of an
adjacent strUcture's scenic view, an additional yard area setback may be required by the Planning
Director so that the fifty percent (50%) scenic view may be maintained. Scenic view shall be
measured by determining the horizontal field of vision of the scenic amenity.
i. Traffic Management: The design and location of proposed street access points shall minimize
congestion. The entrances, streets and internal traffic facilities shall be compatible with existing
and planned streets in adjacent developments.
C. The Plan Commission shall make written findings concerning each decision to approve or disapprove a
development plan. To approve a development plan in this district the Plan Commission must find that
the proposed development plan:
Is consistent with the Comprehensive Plan,
Is consistent with the intent of the Utica Pike Overlay District as described in Article Five, and
Satisfies the development requirements specified in this Article.
Development Plan Approval Process
A The applicant is encouraged to submit a conceptual site plan to the Planning Director for an informal
conference to discuss the existing conditions of the site and the proposed development thereof.
B. No later than fifteen (15) days after the Planning Director has received the conceptual site plan and
other data, he/she will return a copy of said plan to the applicant with recommendations.
C.. All development plan petitions shall:
a. Be filed at least thirty days (30) prior to the initial public hearing at which they are to be consid-
ered by the Plan Commission.
b. Specify approvals requested. Any items, including requests for waiver of development require-
ments in connection with a development plan approval, even if indicated on the proposed plans,
may not be considered a part of the request presented to the Plan Commission unless such
requests are specified in the petition.
c. Include all relevant plan and documentation as required below.
D. Development plan petitions shall undergo drainage review per The Jeffersonville Storm, Drainage,
Erosion and Sediment Control Ordinance prior to development plan approval.
E. Any development plan approval the Plan Commission reviews shall have a public hearing. Notification
of public hearing will be as outlined in Article 12, Section 12.2 of this Ordinance.
F. The Plan Commission shall either approve or disapprove the proposed development plan petition.
G The Plan Commission may impose conditions or require written commitments as a condition of
approval if they are reasonably necessary to satisfy the development requirements specified in this
Article.
H. The Plan Commission may provide that an approval of a development Plan petiti°n is c°nditi°nal °n the
Article Nine: Development Plans 9-9
Cpplicant/developer furnishing a surety that guarantees the timely completion o£a proposed public
~mprovement in the development plan petition. The surety must be in an amount satisfactory to the
Plan Commission.
The Plan Commission will make written findings concerning each decision to approve or disapprove a
development plan. The Planning Director is responsible for signing written findings of the Plan
Commission.
9.9 Development Plan Approval Process for Petitions Delegated to the Planning Director
A Applicants are encouraged to submit a conceptual site plan to the Planning Director for an informal
conference to discuss the existing conditions of the site and the proposed development thereo£
B. No later than fifteen (15) days after the Planning Director has received the conceptual site plan and
other data, he/she will return a copy of the plan to the applicants with recommendations.
C. All development plan petitions shall:
a. specify approvals requested. Any items, including requests for waiver of development require-
ments in connection with a development plan approval, even if indicated on the proposed plans,
may not be considered a part of the request presented to the Planning Director unless such
requests are specified in the petition.
b. include all relevant plan and documentation as required in this Article.
D. The Planning Director may refer the proposed development to the Plan Commission if, because
reason of location, design, intensity or other element related to the proposal, the Planning Director
decides the full Commission review is warranted. Upon referral to the Plan Commission, the petition
will follow the process set forth in Section 9.3.
E. Development plan petitions shall undergo drainage review per The Jeffersonville Storm, Drainage,
Erosion and Sediment Control Ordinance prior to development plan approval.
F. Any development plan approval which has been delegated to the Planning Director may occur without
public notice and without a public hearing.
G. The Planning Director will have thirty (30) days from the date of filing to approve or disapprove a
development plan petition in writing.
H. Any interested party may appeal the decision of the Planning Director to the Plan Contnnssion within
thirty (30) days of the written decision.
I. The Planning Director may impose conditions or require written commitment as a condition of
approval, if the conditions are reasonably necessary to satisfy the development requirements specified
in this Article.
J. The Planning Director may provide that an approval of a development plan is conditioned on the
furnishing of a surety that guarantees the timely completion of a proposed public improvement in the
proposed development and is in an amount satisfactory to the Planning Director.
K. The Planning Director shall make and sign written findings concerning each decision to approve or
disapprove a development plan.
9.10 Amendments and Minor Modifications
A. The applicant may amend the development plan prior to a vote by the Plan Commission. I£the Plan
Commission feels that the proposed amendment needs additional time for review; the Plan Commis-
sion may continue the consideration until the next Plan Commission Meeting.
B. The applicant may amend the development plan anytime prior to determination by the Planning
Director. If the Planning Director feels that the proposed amendment needs additional time for
review; the amended development plan may be considered a new filing and reviewed within the time
frame set forth above for the review' of development plans by the Planning Director.
C. Minor Modifications to an approved development plan may be approved by the Planning Director if
9-10 Jeffersonville Zoning Ordinance
9.11
the modification is in the spirit and intent of the overall development and does not involve:
an increase in height, area, bulk or intensity of land uses,
the designation of additional land uses,
the reduction of buffer yards,
the addition of driveways or access points, or
the reduction of parking for any use.
D. The Planning Director shall report in writing to the Plan Commission the authorized minor modifica-
tions. Any interested party may appeal a decision of the Planning Director regarding the minor
modification of an approved development plan to the Plan Commission within thirty (30) days of the
decision.
Site Plan Data
A site plan submitted in pursuit of development plan approval shall be drawn to a scale of not more than
1" = 100' and shall include the following information. The Planning Director at his/her discretion may
waive or relax any of the site plan requirements below, as circumstances dictate.
A. Description:
a. Name and address of the applicant.
b. Proof of ownership.
c. Proposed name of development (if applicable).
d. Address of the site.
e. Legal description of the real estate.
f, Name and address of land surveyor.
g. Legend and notes, including a graphic scale, north point, and date.
B. Existing and Proposed conditions:
a. Boundary line of site indicated by a solid heavy line including all dimensions of'the site.
b. Layout, number and dimensions of lots.
c. Building setback lines.
d. Location and dimensions of all existing structures including paved areas.
e. Location and dimensions of all proposed structures including paved areas indicated by cross~
hatching.
f. Layouts of existing and proposed streets, alleys and access easements; including their names,
within two-hundred (200) feet of the development. The names of streets shall conform so far as
practicable to the names of streets on the same approximate alignment existing in the vicinity of
the development.
g. Location of any proposed and existing driveway and its width at the lot line.
h. All proposed improvements to the street system both on and off-site.
i. Measurement of curb radius and/or taper.
j. Parcels of land proposed to be dedicated or temporarily reserved for public use or set aside for
use in the development such as parks, recreation, conservation areas, wetlands, etc., which shall
be designated and labelled as such including dimensions.
k Location of natural streams, regulated drains, 100-year flood plains, floodway, water courses,
marshes, wooded areas, wetlands, historic features, existing structures, dry wells, utility lines, fire
hydrants and any other significant feature(s) that may influence the design of the development.
1. The species and caliper size at breast height of all trees over six (6) inch caliper and all flowering
trees and shrubs over six (6) feet in height.
m. All trees and/or shrubs to be preserved. These shall be marked "Do Not Remove" ("DNR").
Care should be taken to attempt to preserve all trees with a caliper size of twenty-four (24) inches
at breast height or greater.
n. Location of orange construction fencing that is required to be installed during construction around
Article Nine: Development Plans 9-1 I
9.12
9.13
9.t4
the dripline of each tree to be preserved that is marked "DNR".
o. Location, width and purpose of existing and proposed easements.
p. Use of each structure including parking labelled with approximate density or size. For example,
no. of parking spaces required and provided, gross floor area of office or retail space (labelling
whether office or retail).
q. Structures designated to be razed shall be indicated as such.
r. Distance of all structures including parking from the front, rear and side lot lines. This distance is
measured from the point where the structure is closest to the lot line.
s. Any other information requested in writing by the Plan Commission or the Planning Director.
Building Elevation Data
Building elevations submitted in pursuit of development plan approval shall include the following informa-
tion. The Planning Director may waive or relax any of the building elevation requirements below; as
circumstances dictate.
A. Description:
a. Proposed name of development (if applicable).
b. Address of the site.
c. Legend and notes, including a graphic scale, and date.
B. Proposed conditions:
a. Elevations for each facade of the building.
b. Type of building materials to be used for all wall, window, roof and architectural features shall be
specified.
c. Proposed colors for all materials and features shall be specified.
d. Any other inforuaation requested in writing by the Plan Commission or the Planning Directon
Sign Plan Data
Sign plans submitted in pursuit of development plan approval shall include the following information.
The Planning Director may waive or relax any of the sign plan requirements below, as circumstances
dictate.
A. Description:
a. Proposed name of development (if applicable).
b. Address of the site.
c. Legend and notes, including a graphic scale, and date.
B. Existing and Proposed conditions:
a. A site plan indicating the location of any existing and proposed freestanding or ground signs.
b. Elevations of proposed signs including size, materials, color and illumination details.
c. Placement, size, color and illumination details for any existing or proposed wall, projecting or
window sign.
d. Any other information requested in writing by the Plan Commission or the Planning Director.
Lighting Plan Data
9-1 2 Jeffer$onville Zoning Ordinance
9.15
Lighting plans submitted in pursuit of development plan approval shall include the following information.
The Planning Director may waive or relax any of the lighting plan requirement below, as circumstances
dictate.
Description:
a. Proposed name of development (if applicable).
b. Address of the site.
c. Legend and notes, including a graphic scale, and date.
d. Boundary lines of the site including all dimensions of the site.
Existing and Proposed conditions:
a. Location and dimensions of all existing and proposed structures, parking areas, etc.
b. Type and location of all exterior lighting fixtures, including wattage and type of light.
c. Intensity of lighting at base of light structure and at the lot line measured in foot candles. Mea-
surements shall be given as if the light meter were facing the center of the property at a height
of six (6) feet.
d. If building lighting is proposed, elevations for each facade ofthe building indicating the location,
type and intensity of lighting at the lot line measured in foot candles. Measurements shall be
given as if the light meter were facing the center of the property at a height of six (6) feet.
e. Any other information requested in writing by the Plan Commission or the Planning Director.
Landscape Plan Data
Landscape plans submitted in pursuit of development plan approval shall include the following information.
The Plaiming Director may waive or relax any of the landscape plan requirements below; as circum-
stances dictate.
A. Description:
a. Proposed name of development (if applicable).
b. Address of the site.
c. Legend and notes, including a graphic scale, and date.
d. Boundary Lines of the site.
B. Existing and Proposed conditions:
a. Location and dimensions of all existing and proposed structures, parking areas, etc.
b. Location of all floodway and floodway fringe areas within the site.
c. Existing elevations and proposed contour lines at two (2) foot intervals
d. Proposed sidewalk or pedestrian ways
e. Size, species and spacing (on center) of all proposed landscaping material
f. Location of any existing and proposed freestanding or ground signs.
Any other information requested in writing by the Plan Commission or the Planning Direct°r'
C. Preparation of plans by a landscape architect is encouraged.
Article Nine: Development Plans 9-I -~
9.16
Tree Preservation Plan Data
Tree Preservation plans submitted in pursuit of development plan approval shall include the following
information. The Planning Director may waive or relax any of the tree preservation requirements below,
as circumstances dictate.
Description:
a. Proposed name of development (if applicable).
b. Address of the site.
c. Legend and notes, including a graphic scale, and date.
d. Boundary lines of the site including all dimensions of the site.
Existing and Proposed conditions:
a. Survey all existing vegetation on site indicating species and caliper size at breast height.
b. All trees and/or shrubs to be preserved. These shall be marked "Do Not Remove" ("DNR"). All
trees and shrubs that are not within twenty (20) feet of the footprint of any structure must be
preserved. This requirement may be reduced upon approval of the Planning Director. The
Planning Director may also reduce this requirement to allow for parking areas provided no other
open areas exist already that could accommodate parking.
c. Description of methods to preserve trees without injury and with sufficient area for the root
system to sustain the tree.
d. Description of protective care and physical restraint barriers at the drip line to prevent alteration,
compaction or increased depth of the soil in the root system area prior to and during groundwork.
e. Location of orange construction fencing that is required to be installed around the driptine of each
tree to be preserved that is marked "DNR" during construction.
9-14 ]effersonville Zoning Ordinance
Article Ten
Nonconforming Structures,
Lots, and Uses
Article Ten
Nonconforming Structures, Lots, and Uses
10.1
10.2
10.3
Intent
Upon adoption of this Ordinance and Zoning Map, some buildings, structures, lots, and uses may no
longer conform to the regulations of the Zoning District in which they are located. For this reason, this
Article has been generated to provide the rules, policies and regulations that apply to these buildings,
structures, lots, and uses referred to as Legal-Nonconforming (Grandfathered).
Distinction Between Illegal-Nonconforming and Legal-Nonconforming
A building, structure, or lot which was constructed or is being used without an approved Building Permit,
Improvement Location Permit or approval from the BZA or Plan Commission is considered illegal-
nonconforming. An illegal-nonconforming property shall be subject to actions and penalties allowed by
this Ordinance and all other applicable Municipal law and shall be altered to conform with all applicable
standards and regulations of this Ordinance. Further, an illegal-nonconfomfing building, structure, lot or
use is created at the fault of the owner, tenant or property manager.
Legal-Nonconforming differs from Illegal-Nonconforming (illegal) in that the reason for the nonconfor-
mance is caused by a change to the Zoning Ordinance. The building, structure, tot or use has not
changed, but due to the Ordinance change, the property no longer conforms to the policies and standards
of the Zoning District in which the property resides. When this situation occurs, the property is deemed
Legal-Nonconforming or another term commonly used is "Grandfathered."
Nonconforming Buildings and Structures
A. Any continuously occupied, lawfully established structure or building prior to the effective date of
this Ordinance, or its subsequent amendments, that no longer meets the desigu standards due to the
reasons listed below shall be deemed a Legal-Nonconforming Building or Structure.
B. Legal-Noncon£orming Building(s) or Structure(s) no longer meet one (1) or more of the £ollowing
development standards of this Ordinance:
Front, Side and Rear Yard Setbacks,
Maximum Lot Coverage,
Minimum Main Floor Area,
Minimum Finished Floor Area,
Height,
Temporary Structures,
Landscaping,
Parking,
Accessory Structures, or
any other provision of this Ordinance that is applicable to the building or structure.
C. A Legal-Nonconforming building or structure may continue provided that it remains the same or fits
within the below described tolerances:
a. Any Legal-Nonconforming building(s) or structure(s) shall not be enlarged or altered in a manner
that increases its nonconformity but any building(s) or structure(s) or portion thereof may be
altered to decrease its nonconformity.
b. Any Legal-Nonconforming building or structure which is damaged or destroyed by more than
sixty-six percent (66%) of its fair market value shall thereafter conform to the regulations of the
district in which it is located.
10-2 Jeffersonville Zoning Ordinance
10.4
10.5
C. Ifa building or structure is moved for any reason, for any distance, it shall thereafter conform to the
provisions of this Ordinance.
Nonconforming Lots of Record
A. All legally established and recorded lots prior to the effective date of this Ordinance, or its subsequent
amendments, that no longer meet the lot standards listed below shall be deemed a Legal-Noncon-
forming Lot of Record. A Legal-Nonconforming Lot of Record no longer meets one (1) or more of
the following lot standards of this Ordinance:
Lot Area,
Lot Width,
Lot Depth,
Lot Frontage, or
Any other provision of this Ordinance that is applicable to Lots.
B. Legal-Nonconforming Lots of Record may be built upon only if the proposed use is permitted and all
development standards of the applicable Zoning District of this Ordinance are met.
Nonconforming Uses of Structures, Land, or Structures and Land in Combination
Any continuous, lawful use of structures, land, or structures and land in combination established prior to
the effective date of this Ordinance or its subsequent amendments that is no longer a permitted use in the
district where it is located shall be deemed a Legal-Nonconforming Use. A Legal~Nonconforming use
may continue provided that it remains otherwise lawful, subject to the following conditions:
A. No existing structure devoted to a Legal-Nonconforming use shall be enlarged, expanded, increased,
extended, constructed, reconstructed, moved, or structurally altered unless it:
a. complies with section 10.5 D for limited and small expansions, or
b. changes the use of the structure to a use permitted in the district in which it is located, or
c. changes the use to a less intensive Nonconforming Use and is approved by the Planning Director
or Planning Commission.
No building or structure shall be constructed in connection with an existing Legal-Nonconforming use
of land.
Any Legal-Nonconforming use of a structure may be extended throughout any parts of a building
which were plainly arranged or designed for such use at the effective date of this Ordinance or its
subsequent amendments, but no such use shall be extended to occupy any land outside the building.
D. In the case ora Legal-Nonconforming use of structare, the structure may be expanded two times only.
Each of the twvo expansions may not exceed ten percent (10%) of the existing floor ama. The expan-
sion shall conform to all applicable development standards except for landscaping, unless a variance
of developmental standards is received from the Board of Zoning Appeals. If the structure is a
commercial or industrial use in a residential district, sections 7.20 PK-05 and PK-06 shall be used for
parking standards.
E. If no structural alterations are made, a Legal-Nonconforming use of structure or structare and land in
combination may be changed to another Legal-Nonconforming use, provided that the Planning
Director shall make specific findings that the proposed use is equally appropriate or more appropriate
to the district than the existing Legal-Nonconforming use. However, if the new use requires more
parking or loading area than the previous use, such new use will comply with the requirements of
Section 7.20 and Section 7.21 of this Ordinance, unless a variance from developmental standards is
granted by the Board if Zoning Appeals.
F. If a Legal-Nonconforming use is discontinued or abandoned for six (6) consecutive months, except
when government action impedes access to the premises, any subsequent use of such land, structure
or land and structure shall conform to the provisions of this Ordinance.
Article Ten: Nonconforming Structures, Lots, and Uses 10-3
10.6
10.7
G When a Legal-Nonconforming use is superseded by a permitted use, it shall thereafter conform to
regulations of the district, the Legal-Nonconforming use may not thereafter be resumed.
H. Where a Legal-Nonconforming use applies to a structure and land in combination, removal or destruc-
tion of the structure shall eliminate the nonconforming structure of the land. Destruction is defined as
damage of mom than sixty-six percent (66%) of its fair market value at the time of destruction.
Nonconforming Signs
Any sign lawfully existing on the effective date of this ordinance, Or amendment thereto, that does not
conform to all the standards and regulations of this Ordinance and has been registered within the allotted
time period as described in 10.7 of this Article is considered a Legal-Nonconforming sign. The following
applies to registered Legal-Nonconforming signs.
A. Signs which existed prior to the time this ordinance was passed and were in conformance with
previous ordinances will be legally nonconforming if registered until such time a major change is
made to the sign. Major changes include changing the copy, changing the size, changing the height,
adding lights, and/or relocation.
B. All registered Legal-Nonconforming signs shall be kept in good repair, safe, neat, clean and attractive
condition. In the event nonconforming signs are not kept in said condition or are demolished by any
force whatsoever to the extent of fifty percent (50%) or more of the fair market value of the sign
structure, said signs shall then be made to conform to this ordinance.
C. A sign shall be removed by the owner or lessee of the premises upon which the sign is located when
the business which it advertises is no longer conducted on the premises. If the owner or lessee fails to
remove the sign, the Plan Commission or Planning Director shall give the owner thirty (30) days
written notice to remove it. Upon failure to comply with this notice, the Plan Commission or Plan-
ning Director may remove the sign at cost to the property owner or lessee.
D. Legal nonconforming signs which are structurally altered by a major change, relocated, or replaced
shall comply immediately with all provisions of this Ordinance.
Registration of Nonconforming Signs
Regulation of nonconforming signs is required in order to: be aware of those signs that will become
nonconforming upon the passage of this Ordinance; provide ease in administration; discourage the
proliferation of signage; and promote the health, safety, welfare and aesthetics of Jeffersonville. Registra-
tion of nonconforming signs is required as follows.
A. All signs that will be rendered nonconforming by thi's ordinance must be registered with the Planning
Department within six (6) months from the effective date of this Ordinance. Ifa sign is not registered
within the six (6) month period it shall be considered illegal and shall be subject to actions and penalties
allowed by this Ordinance and shall be altered to conform with all applicable standards and regulations
of this Ordinance.
B. Illegal signs cannot be registered.
C. Registration applications will be kept on file at the Planning Department. Applications will include:
a. Name, address and phone of both the owner and the renter of the sign.
b. Location of sign, dimensions of sign and a photograph of the sign.
D. Renewal of Registration: Registration must be renewed if there is a change in owner or renter of the
sign. If Registration is not renewed within three (3) months of change of ownership or renter, it shall
be considered illegal and shall be subject to actions and penalties allowed by this Ordinance and shall
be altered to conform with all applicable standards and regulations of this Ordinance.
10-4 Jeffersonville Zoning Ordinance
10.8
Repairs and Maintenance
The following applies to Legal-Nonconforming structures or buildings, and Legal-Nonconforming uses of
structures, or structures and land in combination.
A. Work may be done for ordinary repairs or replacement of walls, heating, fixtures, wiring, or Phimbing;
under the condition that the square footage and volume ofusabte space existing when the structure
became nonconforming shall not be increased.
B. If a structure or portion of a structure were to become unsafe or condemned due to lack of repairs or
maintenance, and is declared by an authorized official to be unsafe or condemned due to physical
condition; the building or structure shall be restored, repaired or rebuilt within six (6) months of the
declaration. If the improvements have not been made within the six (6) months, all future improve-
ments must conform to all standards and regulations within this ordinance.
C. If a building or structure becomes unsafe or unlawful due to physical condition and is razed, the
building or structure shall be rebuik in conformity with the district in which it is located.
D. Nothing in this Section shall be deemed to prevent the strengthening, repairing, or restoring to a safe
condition of any building or structure or part thereof declared to be unsafe by any official charged
with protecting public safety upon order of such official.
Article Ten: Nonconforming Structures, Lots, and Uses 10-5
10~6 ]e ffersonville Zoning Ordinance
Article Eleven
Administration
Article Eleven
Administration
11.1
11.2
11.3
Administrative Officer
The Planning Director will have the principal responsibility for administration and enforcement (or coordi-
nation of enforcement) of this Ordinance within the Plan Commission's planning jurisdiction.
Effect on Annexation or Vacation on Zoning
A. After the effective date of this Ordinance, areas annexed by the City of Jeffersonville shall retain the
Zoning District prior to annexation. If the Zoning District of the subject property(ies) does not exist in
this leffersonville Zoning Ordinance, the district most similar to its current district will be applied.
B. Whenever any street, alley, public way, railroad right-of-way, waterway, or other similar ama is
vacated by proper authority, the Zoning Districts adjoining each side of vacated areas shall be
tended automatically to the center of the vacated area. All areas included in the vacation shall then
and henceforth be subject to all appropriate regulations of the extended Zoning Districts. In the event
ora partial vacation, the adjoining Zoning District, or Zoning District nearest the portion vacated, shall
be extended automatically to include all of the vacated area. Any disputes as to the exact zoning
district boundaries shall be determined by the Planning Director.
Summary of Powers and Duties of the City Council
The powers and duties of the City Council are described below. Duties should be interpreted as activities
that are obligations. Powers should be interpreted as activities that are optional to be initiated.
A. City Council Duties:
a. Adopt, reject or amend the Comprehensive Plan, Strategic Plans, Zoning Ordinance, or Subdivi-
sion Control Ordinance that have been certified and submitted by the Plan Commission.
b. Adopt, reject or amend proposals to amend or partially repeal the text of the Comprehensive Plan,
Strategic Plans, Zoning Ordinance, or Subdivision Control Ordinance that has been certified and
submitted by the Plan Commission.
c. Adopt, reject or amend proposals to amend the Official Zoning Map certified and submitted by the
Plan Commission.
d. Adopt, reject or amend a Fee Schedule that has been proposed or amended and submitted by the
Plan Commission.
e. Enforce regulations and procedures of the Comprehensive Plan, Zoning Ordinance, and Subdivi-
sion Control Ordinance to the extent of the local Resolutions, Ordinances, and State of Indiana Law.
f. Other duties as permitted by Indiana State Code.
B. City Council Powers:
a. Initiate amendments to the text of the Comprehensive Plan, Strategic Plans, Zoning Ordinance, or
Subdivision Control Ordinance by making said proposal to the Plan Commission.
b. Initiate amendments to the Official Zoning Map by making said proposal to the Plan Commission.
c. Other powers as permitted by Indiana State Code.
11-2
Jeffersonville zoning Ordinance
11.4
Summary of Powers and Duties of the Plan Commission
The powers and duties of the Plan Commission are described below. Duties should be interpreted as
activities that are obligations. Powers should be interpreted as activities that are optional to be initiated.
A. Plan Commission Duties:
a. Adopt and maintain a City Council approved Comprehensive Plan, Zoning Ordinance and Subdivi-
sion Control Ordinance as authorized under Indiana State Law.
b. Adopt and maintain rules and procedures for holding meetings, holding public hearings, and
administrating and enforcing the Comprehensive Plan, Zoning Ordinance, and Subdivision Control
Ordinance.
c. Maintain complete records of all meetings, hearings, correspondences, and affairs of the Plan
Commission.
d. Record and file bonds and contracts for development and land use functions.
e. Publish and make available to the public all plans, ordinances, and other related material that am
the responsibility of the Plan Commission.
f. Adopt and maintain a permitting process and seal used to certify official or approved documents.
g. Certify and submit recommendations to the City Council including new versions of and revisions to
the Comprehensive Plan, Zoning Ordinance, Subdivision Control Ordinance, and Official Zoning
Map.
h. Certify and submit recommendations to the City Council for adopting a Planned Development
District.
i. Maintain monetary and fiscal records of the Plan Commission.
j. Prepare and submit an annual budget to the City Council.
k. Approve or deny plats or replats of Subdivisions.
1. Approve or deny development plans and amendments to development plans.
m. Assign street numbers to new lots and stmctares, renumber lots and structures, assign street
names, and approve or deny proposed street names in new developments.
n. Establish and maintain a City Council approved fee schedule that assigns a fee to permits, pro-
cesses, and official actions of the Plan Commission in order to defray the administrative costs of
such duties and powers.
o. Enforce regulations and procedures of the Comprehensive Plan, Zoning Ordinance, and Subdivi-
sion Control Ordinance to the extent of the local Resolutions, Ordinances, and State ofhdiana Law.
p. Other duties as permitted by Indiana State Code.
B. Plan Commission Powers:
a. Delegate to a committee or person the role of Planning Director.
b. Hire, remove, and determine job descriptions for support staff (as necessary)-
c. Establish advisory committees as necessary made up of City officials and the general public.
d. Establish an executive committee.
e. Seek funding assistance through grant programs as necessary.
f. Distribute copies or summaries of the Comprehensive Plan, Zoning Ordinance, or Subdivision
Control Ordinance to the general public and development community.
g. Determine the compensation for support staffand members as provided within the budget
submission to city council.
h. Other powers as permitted by Indiana State Code.
Article Eleven: Administration
11.5
Summary of Powers and Duties of the Board of Zoning Appeals
The powers and duties of the Board of Zoning Appeals are described below. Duties should be interpreted
as activities that are obligations. Powers should be interpreted as activities that are optional to be initiated.
A. Board of Zoning Appeals Duties:
a. Review and hear appeals of'decisions made under this Ordinance by the Planning Director, Plan
Commission Staff, Building Commissioner, Committees or Administrative Boards or other body
except Plan Commission.
b. Review, hear and approve or deny all petitions for special exceptions based on the provisions of
this ordinance and Indiana State Code.
c. Review, hear, and approve or deny all petitions for variances from development standards (such as
height, bulk, or area) of this Ordinance.
d. Review, hear, and approve or deny all petitions for variances of use regulations in this 0rdinance.
e. Other duties as permitted by Indiana State Code.
B. Board of Zoning Appeals Powers:
a. Hire, remove, and determine job descriptions for support staff(as necessary).
b. Determine the compensation for support staff and BZA members as provided within the annual
budget of the Board of Zoning Appeals.
c. Other powers as permitted by Indiana State Code.
11-4 Jeffersonville Zoning Ordinance
Article Twelve
Processes, Permits and Fees
Article Twelve
Processes, Permit, and Fees
12.1
12.2
12.3
Types of Petitions
The City of Jeffersonville hereby requires that an application and filing fee be submitted for the following
formal petitions:
Variances (developmental standards or use),
Special Exceptions,
Administrative Appeals,
Zoning Amendments (zoning map change/rezoning),
Planned Unit Developments,
Development Plan Approval,
Sign Permits/Permanent Signs,
Sign Permits/Temporary Signs,
Improvement Location Permits/Permanent,
Improvement Location Permit/Temporary, and
Certificates of Occupancy.
All applications may be obtained through the Planning Director's office. Fees shall be paid at the Planning
Director's office at the time of assigranent of a Docket Number.
Notification for Public Hearing
The following information pertains to processes that require a public hearing.
A. 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 (10) days before the date set for the hearing.
B. The party pursuing the request shall be required to assume costs of public notice and notice to inter-
ested parties. Interested parties shall include, but are not limited to, all properties adjacent within two
(2) properties deep of the subject lot boundaries within the planning jurisdiction and only directly
adjacent properties if outside the planning jurisdiction.
C. In addition, notice shall be posted by the applicant in a conspicuous place on the subject property at
least ten (10) days prior to the date of the hearing. Notice signs will be provided and posted by the
City of leffersonville.
Processes per Type of Petition
A. Variances: The following procedure applies to Variance Petitions.
a. The applicant shall submit a variance application, required supportive information, and application
fee thirty (30) days prior to the regularly scheduled Board of Zoning Appeals meeting.
b. The Board ofZoningAppeals (BZA) will then review:
The variance application,
Required supportive information,
Testimony of the applicant, and
Testimony of the public.
c. The BZA may approve, deny or table the petition (the Board has discretionary powers). The
BZA may add conditions to an approval. Approvals shall only be granted upon findings of fact in
compliance with 36-7-4-900 et seq. and the requirements of this Ordinance.
d. The intensity of the variance may be reduced at the public hearing if approved by the BZA.
12-2 ]e ffersonville Zoning Ordinance
e. The Planning Director shall refuse to accept a petition for a variance within six (6) months of the
date of denial when said petition involves the same subject matter. However, the Planning Direc-
tor shall have the authority and discretion to determine that a petition containing major changes
may justify re-filing within a six (6) month period.
B. BZA approval of Development Standards Variances
a. The Board may grant a variance from the development standards of this Ordinance (such as
height, bulk, area) if, after a public hearing, it makes findings of facts in writing, that:
1. the approval will not be injurious to the public health, safety, morals, and general welfare of the
community; and
2. 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
3. the strict application of the terms of this Ordinance will result in a Practical Difficulty. This
situation shall not be self-imposed, nor be based on a perceived reduction of or restriction of
economic gain.
b. The Board may permit or require the owner ora parcel of property to make written commitments
and record it in the County Recorder's Office concerning the use or development of that parcel or
may impose conditions upon that grant of variance.
c. A developmental standards variance granted by the Board shall run with the parcel until such time as
the property conforms with this Ordinance as written.
d. The Board of Zoning Appeals may enforce any condition and/or commitment it has imposed as if
it were a standard of this Ordinance.
C. BZA approval of Use Variances
a. The Board may grant a variance from use if, after a public heahng, it makes findings of facts in
writing, that:
1. the approval will not be injurious to the public health, safety, morals, and general welfare of the
community; and
2. the use and value of the adjacent areas to the subject property are not adversely affected; and
3. the need for a variance stems from a condition unusual or peculiar to the subject property
itself; and
4. the strict application of the terms of this Ordinance will results in an unnecessary hardship if
they were applied to the subject property'; and
5. the'approval of the variance does not contradict the goals and objectives of the Comprehen-
sive Plan.
b. The Board may pernfit or require the owner ora parcel of property to make written commitments
and record it in the County Recorder's Office concerning the use or development of that parcel or
may impose conditions upon that grant of variance.
c. A use variance granted by a Board may run with the parcel or applicant until such time as:
1. the use of the variance ends, is vacated, or unused for three (3) months consecutively;
2. the property conforms with the Ordinance as written; or,
3. the property is sold.
d. The Board of Zoning Appeals may enforce any condition and/or commitment it has imp°seal as if
it were a standard of this Ordinance.
Article Twelve: Processes, Permits, and Fees
D. Special Exceptions: The following procedure applies to Special Exception Petitions.
a. The applicant shall submit a Special Exception application, required supportive information, and
application fee thirty (30) days prior to the mgnlarly scheduled Board of Zoning Appeals meeting.
b. At their next regularly scheduled public meeting, the BZA shall then review:
The special exception application,
Required supportive information,
Testimony of the applicant, and
Testimony of the public.
c. The BZA may approve, deny, or table the petition. The BZA may add conditions to an approval.
d. The Planning Director shall refuse to accept a petition for a special exception within six (6)
months of the date of deinal ~vhen said petition involves the same subject matter. However, the
Planning Director shall have the authority and discretion to determine that a petition containing
major changes may justify re-filing within a six (6) month period.
E. BZA approval of Special Exceptions: To be eligible for the granting of a special exception under this
section, a person must first receive a determination from the Plarming Director that a special exception
is required for the intended use, change of use or for the expansion, extension, or enlargement ora
use.
There shall be no cases or applications, nor any particular situation in which these rules authorize
special exceptions without the approval of the BZA. Further, no previous applications shall set a
precedence for any other application before the BZA.
a. The Board may grant a special exception for a use in a district if, after a heating, it makes
findings of facts in writing, that:
1. the proposal will not be injurious to the public health, safety, morals, and general welfare of the
community;
2. the requirements and development standards for the requested use as presctibed by this
Ordinance will be met;
3. granting the exception will not subvert the general purposes served by this Ordinance and will
not permanently injure other property or uses in the same district and vicinity; and,
4. the proposed use will be consistent with the character of the district therein, the spirit and
intent of this Ordinance, and the Jeffersonville Comprehensive Plan.
b. When considering a Special Exception the Board of Zoning Appeals may take into consideration
the following items as they relate to the proposed use:
1. topography and other natural site features;
2. zoning of the site and surrounding properties;
3. driveway locations, street access and vehicular and pedestrian traffic;
4. parking amount, location, design;
5. landscaping, screening, buffeting;
6. open space and other site amenities;
7. noise production and hours of operation;
8. design, placement, architecture, and building matetial of the structure;
9. placement, design, intensity, height, and shielding of lights;
10. traffic generation; and,
11. general site layout as it relates to its surroundings.
c. The Board may impose such reasonable conditions upon its approval as it deems necessary to find
that the above criteria will be served.
12-4 ]effersonville Zoning Ordinance
d. The Board may permit or require the owner of the parcel of property to make a written commit-
ment concerning the use or development of the parcel as specified under lC 36-7-4-921 and have
such commitment recorded in the County Recorder's Office.
e. The Board may limit special exceptions to a specific individual and/or a specific time period and
for a specific use.
f. A use authorized by special exception may not be changed, expanded, extended, or enlarged
unless reauthorized by the Board under the procedures set forth in these rules for granting a
special exception.
g. If the Board grants the special exception, it shall direct the applicant to apply for a Building Permit
and/or an Improvement Location Permit within four (4) months or the special exception will be
void. If such application complies with all Ordinances and rules, a Building Permit and/or an
Improvement Location Permit for the use authorized by special exception shall be issued.
h. A special exception granted for a specific use ceases to be authorized and is void if that use is not
50% established within a twelve~month period of the date the special exception was granted. A
special exception, granted for a specific use ceases to be authorized and is void if that use is
discontinued at that site for a consecutive six (6) months
i. A special exception may be terminated by the Board of Zoning Appeals as follows:
1. Upon the filing of an application by an interested person or a member of the staff, and after
which a public hearing is held with notice to the property owner; and,
2. At the public hearing a finding ~s made by the Board that one or more of the following has not
been complied with:
The terms of this Ordinance,
The conditions placed on approval, and
The written commitments made in conjunction with the original special exception applica-
tion.
F. AdministrativeAppeal: The following procedure applies toAdministrativeAppeal Petitions:
a. The applicant shall submit a written statement specifying the grounds for the appeal and any
applicable supporting material within thirty (30) days of the decision alleged to be in error.
b. The administrative official or body from the which appeal is taken shall transmit to the Board of
Zoning Appeals all documents, plans and papers constituting the record of action from which the
appeal is taken.
e. Administrative appeals require public notice in the newspaper per I.C 5-3-1-2 and 5-3-1-4.
d. At their next regularly scheduled public meeting, the BZA shall then review:
The written statement and supportive material submitted by the applicant;
The record of action supplied by the administrative official or body from the which appeal is
taken,
· The testimony of the applicant; and
The testimony of the administrative official or body from which the appeal is taken.
e. The BZA may grant, deny, or table the appeal. The BZA may add conditions to any application
which was approved at the appeal stage.
Article Twelve: Processes, Permits, and Fees
G Zoning Amendments: The following procedure applies to ZoningAmendment Petitions (zoning map/
rezoning).
a. The applicant shall submit an application, required supportive information, and application fee thirty
(30) days prior to the regularly scheduled Plan Commission meeting.
b. The Plan Commission will then review the application and required supportive information. The
Plan Commission may recommend approval, recommend denial or table the petition.
c. If the petition has not been tabled, it will then be forwarded to City Council for review. The City
Council will review the application, required supportive material and Plan Commission recommen-
dation. The Council may approve, deny or table the petition.
d. Upon reviewing a zoning amendment petition the following should be considered: The Comprehensive Plan.
Current conditions and character of structures and uses in each district.
The most desirable use for which the land in each district is adapted.
The conservation of property values throughout the jurisdiction.
Responsible development and growth.
H. Planned Unit Developments: The following procedure applies to Planned Unit Development Petitions.
For more detailed procedure information, refer to Article Eight of this Ordinance.
a. Prior to filing a rezone petition, the applicant shall submit a conceptual sketch plan to the Planning
Directon The Planning Director shall make a cursory review of the conceptual plan and give the
applicant comments within fifteen (15) days of submission.
b. The applicant shall submit an application for a rezone to the PD classification and detailed devel-
opment plan, required supportive information, and application fee thirty (30) days prior to the
regularly scheduled Plan Commission meeting. Ifa subdivision plat is necessary prior to an
Improvement Location permit it shall be filed at this time and shall follow those procedures set
forth in the Jeffersonville Subdivision Control Ordinance.
c. The Plan Commission will then review the application and required supportive information. The
Plan Commission may recommend approval, recommend denial or table the petition.
d. If the petition has not been tabled, it will then be forwarded to City Council for review. The City
Council will review the application, required supportive information and Plan Commission recom-
mendation. The Council may approve, deny or table the petition.
e. In their review of the detailed development plan the Plan Commission and City Council should
consider the extent to which the proposal fulfills the intent of Article Eight of this Ordinance and
the spirit and intent of the Comprehensive Plan.
I. Development Plans: The following procedure applies to Development Plan Petitions. For more
detailed procedure information, refer to Article Nine of this Ordinance.
a. The applicant shall submit an application, required supportive information, and application fee thirty
(30) days prior to the regularly scheduled Plan Commission meeting.
b. The Plan Commission will then review the application and required supportive information. The
Plan Commission may approve, deny or table the petition.
c. If Development Plan approval is delegated to the Planning Director, the Planning Director will
have thirty (30) days from the date of filing to approve or disapprove a development plan petition
in writing. Any interested party may appeal the decision of the Planning Director to the Plan
Commission within thirty (30) days of the written decision.
d. The Plan ComnUssion or Planning Director may impose conditions or require written commitments
as a condition of approval, if the conditions are reasonably necessary.
e. The Plan Commission or Planning Director shall make written findings concerning each decision
to approve or disapprove a development plan. The Planning Director shall be responsible for
preparing and signing written findings of the plan commission.
! 2-6 Jeffersonville Zoning Ordinance
J. Sign Permits for Permanent Signs: The following procedure applies to Sign Permit Petitions for
Permanent Signs.
a. An application for a permit shall be filed with the Planning Director and shall be accompanied by
information as may be required by the Planning Director to assure compliance with the laws and
regulations of the City, including:
Name and address of the property owner of the premises on which the sign is located or is to
be located.
Name and address of the owner of the sign.
· Clear and legible drawings with description showing the dimensions of the proposed sign and
its proposed location.
The size and location of all signs on the same parcel or owned by the same business.
b. An application for a permit shall be reviewed and approved by the Planning Director.
c. The permit fee as specified by the Official Fee Schedule shall be delivered to the Building Com-
missioner or Planning Director. If any sign is hereafter erected, placed? installed or otherwise
established on any property before obtaining a permit as required herein, the fees specified shall
be doubled. Payment of Such double fee shall not relieve any person from compliance with other
provisions of this code and penalties prescribed herein.
c. A sign permit issued under the provisions of this Ordinance shall not be deemed to constitute
permission or authorization to maintain an unlawful sign nor shall it be deemed as a defense in an
action to remove an unlawful sign.
d. A sign permit shall become null and void if work has not been started within twelve (12) months of
the date of the permit or completed within eighteen (18) months of the date of the peruitt.
e. The following shall not be considered as creating a sign and therefore shall not be required to have
a sign permit unless other specified.
1. Chaneeable Copy - The changing of advertising copy or messages on an approved sign such
as a theater marquee and similar approved signs which are specifically designed for the use of
replaceable copy.
2. Maintenance - Painting, repainting, cleaning or other normal maintenance and repair of a sign
or sign structure unless a structural change is involved, or a change in copy is involved.
3. Exempt Signs - exempt signs as described in Section 7.17F.
K. Sign Permits for Temporary Signs: The following procedure applies to Sign Permit Petitions for
Temporary Signs.
a. An application for a permit shall be filed with the Planning Director and shall be accompanied by
information as may be required by the Planning Director to assure compliance with the laws and
regulations of the City, including:
1. Name and address of the property owner of the premises on which the sign is located or is to
be located.
2. Name and address of the owner of the sign.
3. Clear and legible drawings with description showing the dimensions of the proposed sign and
its proposed location.
4. Nature of device to be used.
5. Period of time the device is to be used.
b. An application for a permit shall be reviewed and approved by the Planning Director.
c. The permit fee as specified by the Official Fee Schedule shall be paid to the Building Commis-
sioner or Planning Director. If any sign is hereat~er erected, placed, installed or otherwise estab-
lished on any property before obtaining a permit as required herein, the fees specified shall be
doubled. Payment of such double fee shall not relieve any person from compliance with other
provisions of this code and penalties prescribed herein.
Article Twelve: Processes, Permits, and Fees 12-7
Improvement Location Permit: The following procedure applies to Improvement Location Permit
Petitions.
a. No building, structure, or major infrastructure shall be erected, moved, added to, demolished or
structurally akered without an hnprovement Location Permit approved by the Planning Director
and issued by the Building Commissioner or Planning Director. No Improvement Location Permit
shall be issued by the Building Commissioner or Planning Director unless the project is in confor-
mity with the provisions of this Ordinance. Changes of use or expansions of use also require an
Improvement Location Permit.
b. An application for an Improvement Location Permit shall be submitted at least fifteen (15) days
prior to the issuance of an improvement location permit and shall include the following items.
1. The common address for the subject property and parcel number,
2. A site location map showing the context around the subject property (aerial or USGS maps
are preferred),
3.Plans drawn to scale showing the actual dimensions and shape of the lot to be built upon,
4.The exact sizes and locations of all buildings, wells, and septic systems already existing, if any,
5.The location and dimensions ofthe proposed building(s) or alteration, including all paved areas,
6. Building setback distances from all property lines, and from existing and proposed road right of
ways,
7.Width and length of all entrances and exits to and from the real estate, and
8.Location of floodplain boundaries or wetlands.
c. The application shall also include such other information as lawfully may be required by the Plan
Commission or Planning Director to determine conformance with and provide for the enforcement
oftkis ordinance including but not limited to:
Elevations of the existing or proposed building or alteration,
Detailed description of the existing or proposed uses of the building and land,
The number dwelling units or rental units the building is designed to accommodate,
Natural, physical or hazardous conditions existing on the lot,
Landscape plan,
Lighting plan and
Copy of Drainage approval (if applicable).
The approved plans and application materials are retained by the Plan Commission, planmng
Director or Building Commissioner's Office. Site plans must be prepared by a land surveyor
licensed in the State of Indiana.
Expiration of Permits:
1. If the work described in any Improvement Location Permit has not begun within four (4)
months from the date of issuance, said permit shall expire. No written notice shall be given to
the persons affected.
2. Completion of Work: If the work described in any Improvement Location Permit has not been
completed within one (1) year for a primary structure or accessory structures or other im-
provements of the date of issuance thereof, said permit shall expire. No written notice of
expiration shall be given to the persons affected. Work shall not proceed unless and until a
new Improvement Location Permit has been obtained.
3. The Planning Director may give three (3) extensions for up to three (3) months each for
work completion. Requests for extensions must be received within one (I) month of the
expiration. A fee will be charged.
12-8 Jeffersonville Zoning Ordinance
f. Construction According to Permits and Permit Application: Improvement Location Permits issued
on the basis of plans and applications only authorize the use, arrangement, and construction set
forth in such approved plans and applications. Any other use, arrangement, or construction not
authorized shall be deemed as a violation of this ordinance and subject to an order of removal,
mitigation, or penalty fees.
g. The City of Ieffersonville hereby requires that an Improvement Location Permit be obtained for
the following:
All residential dwellings,
Mini-barns over 120 square feet without a foundation; or any size with a foundation,
Other detached residential accessory buildings (with foundation or overhead structures),
Detached and attached garages, carports, and stables,
Temporary' structures,
Swimming pools (in ground or above ground),
Alterations, modification, exterior remodeling, or additions to all structures,
Tents (commercial only),
All commercial, industrial, multifamily and institutional buildings,
Structures other than buildings (including satellite dish, towers, antennas),
Surface and subsurface drainage work (including land alteration but excluding agricultural uses),
Street cuts,
Curb cuts,
Removal of trees and plants within buffer yards required by this ordinance,
Removal of trees and plants required by the landscaping provisions of this ordinance,
Adding or subtracting dwelling units or leased space in multifan~ily or commercial structures,
Placement or moving of manufactured or mobile homes,
Parking lot construction, alteration, expansion, or removal, and paving ora gravel lot,
Construction of or alterations to ponds or lakes,
Mineral extraction,
Telecommunication facilities,
Any exterior construction that adds to or alters the height of the existing structure, and
Any change of use or expansion of use of property.
M. Certificate of Occupancy: The following procedures apply to a.Certificate of Occupancy Petition.
a. It shall hereby be declared unlawful and in violation of the provisions of this ordinance for any
builder or property owner to allow any new or significantly remodeled structure to become
occupied or utilized prior to:
1. Legally obtaining an Improvement Location Permit and Building Permit,
2. Passing a final inspection to be conducted by the Building Commissioner's Office; and
3. Receiving an approval on the Certificate of Occupancy from the Planning Director.
b. A Certificate of Occupancy shall only be received if all requirements of the Improvement Loca-
tion Permit/Building Permit have been completed. Due to weather or other circumstances, a
Certificate of Occupancy may be issued without all the required landscaping installed if a land-
scape bond is provided. The landscape bond shall be one and half times (1 1/2) the cost of the
planting and installation cost. In order to determine the bond amount, a quote of the actual cost
will be provided by the developer's landscape contractor.
Article Twelve: Processes, Permits, and Fees 12-9
12.4
Schedule of Fees
The City Council shall maintain an Official Fees Schedule for permits and processes outlined in this
Ordinance. Penakies, collection procedures for permits and penalties, appeals process, and other petition
processes pertaining to this Ordinance are considered a part of this Ordinance. The Fees Schedule shall
be available to the public in the office of the Clerk-Treasurer and the Planning Directon The Fees Sched-
ule may be amended by a recommendation submitted to the City Council by the Plan Commission followed
by the City Council approving said amendments by resolution.
Until all applicable fees, charges, and expenses have been paid in full, no final action shall be taken on any
permit application, appeal, or petition.
12-10 Jeffersonville Zoning Ordinance
Article Thirteen
Enforcement and Penalties
Article Thirteen
Enforcement and Penalties
13.1 Authority
The Plan Commission, Board of Zoning Appeals, City Council, and/or the Planning Director, the Building
Conmfissioner, the Fire Marshal, and their delegates am designated to enforce the provisions, regulations,
and intent of this Ordinance.
13.2 Violations
Complaints made pertaining to the Zoning Ordinance may be investigated by the Planning Director, the
Building Commissioner, the Fire Marshal and/or their delegates. Also, any violations suspected by the Plan
Commission, City Council or Plarming Director shall be investigated by the Planning Director or his/her
delegate. Action may or may not be taken depending on the findings. The degree of action will be at the
discretion of the investigating person(s) and should reflect what is warranted by the violation.
13.3 Inspection of Property
Investigations of property may be conducted by the Planning Director, the Building Commissioner, the Fire
Marshal, and/or their delegates either from a right~of-way without permission of the property owner, or
adjacent property (with permission), or from the property suspected of a violation once the inspector has
presented sufficient evidence of their authorization and described the purpose of the inspection to the
owner, tenant, or occupant at the time of the inspection.
In the event that the investigator(s) is (are) denied entry, and providing there is evidence of violation of this
Ordinance, the Plan Comn~ssion, City Council or Planning Director may apply to the court of jurisdiction
to invoke legal, equitable, or special remedy for the enforcement of this Ordinance or any applicable
ordinances adopted under state code. The application shall include the purpose, violation(s) suspected,
property address, owner's name if available, and all relevant facts. Additional information may be neces-
sary as requested by the court.
The warrant issued shall order the owner, tenant, and/or occupant to permit entry by the Planning Director,
the Building Commissioner, the Fire Marshal, and/or their delegates for the purposes documented in the
application for the warrant.
13.4 Responsibility of Violations
The owner, tenant, and/or occupant of any property or building, or part thereof, shall be responsible for the
violation. Architects, builders, developers, or agents thereof may also be found responsible for the violation
if evidence of their involvement or negligence is found. Ultimately, if fault is not clearly found in whole or
in part in persons other than the Owner, the O~mer shall be held responsible in whole or in part as war-
ranted by the Plan Commission, Board of Zoning Appeals, City Council, or Planning Director.
13.5 Liability
A structure that is raised or converted, or land used in violation of this Ordinance or its subsequent amend-
ments may be deemed a common nuisance and the owner or possessor of the structure, or land is liable
for said nuisance.
13-2
]e ffersonville Zoning Ordinance
13,6
13.7
Violations During the Construction/Building Process
The Plan Commission or Planning Director may place a stop-work-order or violation notice on any lot
improvement process. Stop-work-orders shall be issued by written notice which shall state the violation
and that work or the illegal activity must stop immediately until the matter is resolved. This letter shall be
posted in a conspicuous place or be delivered/mailed to the owner, developer, property manager, tenant, or
occupant. The Plan Commission or Planning Director must meet with the person(s) served the stop-work-
order notice within seven (7) days of such a request. A memorandum of agreement shall be drafted
stating the conditions in which construction or action may be resumed. This memorandum of agreement
must be signed by the owner, developer, property manager, tenant, or occupant that has caused or is
responsible for the violation and the Planning Director or Plan Commission President.
A. Reasons for a Stop-Work-Order include:
Not complying with Development Standards and/or any regulations of the Zoning or Subdivision
Control Ordinance.
Not obtaining an Improvement Location Permit.
Not meeting the conditions or commitments ora special exception, variance, or building permit.
Not meeting the conditions of Development Commitments, Development Plans, Detail Plans, or
covenants which am enforceable by the Plan Commission.
Not obtaining any other permit necessary for site/property improvement as called out in local
Code, Zoning Ordinance, or Subdivision Control Ordinance.
Illegal use or expansion of use of building/structures or building/structures and land in combination.
Types of Violations
The following items shall be deemed civil zoning violations, enforceable by the Plan Commission, City
Council and/or Planning Director. Penakies may be imposed based on the provisions set forth in this
Article.
A. The placement of a primary structure, accessory structure, sign, structures or any other element
which does not conform with the provisions or explicit intent of the Zoning Ordinance as determined
by the Plan Commission or Planning Director.
B. The erection of a primary structure, accessory structure, sign, structures or any other element which
does not conform with the provisions or explicit intent of the Zoning Ordinance as determined by the
Plan Commission or Planning Director.
C. The failure to maintain a primary structure, accessory structure, sign, accessory structure, or any other
element including property maintenance as determined by the Plan Commission or Planning Director.
D. Failure to obtain an Improvement Location Permit or any other required permit under this Ordinance
when required prior to initiation of improvements, change of land use, or other modifications regulated
under this Ordinance.
E. Conducting a use or uses that do not comply with the provisions or explicit intent of the Zoning
Ordinance.
F. Any failure to comply with and/or any regulations of the Zoning Ordinance, including, but not limited
to the following: Development Standards, Improvement Location Permit, Development Plan, Planned
Development, or Conditions imposed.
G Proceeding with work under a Stop-Work-Order or a violation of a Memorandum of Agreement.
H. Any failure to comply with commitments made in connection with a rezoning, approval °f a Devel°p-
ment Plan, Detailed Plan, Special Exception, Variance, or other similar or documentable commitment,
including verbal agreements during official Plan ConUmssion, City Council, or BZA meetings.
I. Failure to obtain a Certificate of Occupancy.
Article Thirteen: Enfomement and Penalties 13-3
13.8
13.9
Procedure for Violations
There shall be a three step procedure for violations of this Ordinance. These steps are as follows:
A. The Plan Commission, Planning Director or designated representative of the Plan Commission or City
Council shall issue a Notice of Violation letter to the person(s) who have committed, in whole or in
part, a violation. The Notice of Violation letter will state that a Violation has been determined and that
it must be corrected within fifteen (15) days of the postmarked date of notice. If the Violation is not
corrected within fifteen (15) days the fines for First Violation will be imposed. The Notice of Violation
letter may include a listing of fines and penalties for informational purposes. If the violation has been
corrected within the fifteen (15) days from the postmarked date of the Notice of Violation letter, no
further action will be taken and no fines will be imposed.
B. If the violation stated in the Notice of Violation letter is not corrected within fifteen (15) days the fines
for a First Violation shall be imposed. The person(s) in violation will have fifteen (15) days to pay said
fees and comply with the penalties. The person(s) in violation must correct the violation within fifteen
(15) days or face additional Notices of Violation. The Plan Commission may extend the time period
needed to correct the violation if the violator is working in good faith to remedy the problem.
C. If the person(s) in violation refuses to pay or comply with the penalties, or correct the violation, after
the first Notice of Violation, the Plan Commission or City Council or their designee may progressively
impose fmes as outlined in the Fines and Penalties section (13.9) or may impose liens against the
property and/or take legal action through the court system.
D. It is not mandatory for a violator to be Noticed multiple times before liens or court action are sought.
The Plan Commission or City Council must determine which course of action will best result in the
correction of the violation after a first Notice of Violation is noneffective.
Fines and Penalties
A. Monetary fines will be imposed with the First Notice of Violation for each civil violation determined
upon a single inspection as follows:
First Notice $ 100.00 first civil violation determined
$150.00 second civil violation determined
$200.00 fore each additional civil violation determined
B. Additional monetary fines will be imposed for each subsequent notification and for each civil violation.
Notices for violations shall be sent no sooner than fifteen (15) days after the previous notice.
Second Notice $150.00 first civil violation determined
$ 200.00 second civil violation determined
$ 250.00 for each additional civil violation determined
Third Notice $ 250.00 first civil violation determined
$ 300.00 second civil violation determined
$ 350.00 for each additional civil violation determined
Each Additional Notice $500.00 per civil violation
Payment of any violation shall be delivered to the Planning Director who Shall deposit the funds in the
General Fund or Planning Commission Fund as determined by the City Council. A receipt of payment
must be recorded and a receipt issued to the person making payment.
The Board of Zoning Appeals by mandatory injunction in the circuit court and/or superior of the county
against the owner or possessor of the real estate, may require the removal ora structure erected in
violation of this Ordinance, or the removal of any use or condition in violation of this Ordinance.
13-4 Jeffersonville Zoning Ordinance
13.10
13.11
E. Any person who initiates site or structural changes, or change of use of structure or property prior to
obtaining an Improvement Location Permit or any other required permit will pay three times (3x) the
amount of the normal permit fee as the First Notice of Violation. Said person will be subject to
additional frees and penalties as per the schedule in (13.9B) above for civil violations if a permit is not
filed within fifteen (15) days of the First Notice..
Appeals or Trials
Any person receiving a notice of violation and/or fines may appeal the violation and/or fmc to the Board of
Zoinng Appeals orto the court ofjurisdiction. A ~vritten statement from the person in violation shall be submit-
ted to the Planning Director via Certified Mail at least three (3) days prior to the date the fme is due in
order to appeal the violation.
No additional notices will be issued by the Plan Commission in the event the person(s) in violation has
(have) submitted a written statement of their intention to Appeal or go to trial.
The person(s) in violation shall have thirty (30) days to file for a hearing with the BZA or court of jurisdic-
tion. Also the person(s) in violation shall have a maximum of two (2) years to complete the hearing
process with the BZA. Failure to meet these deadlines will reinstate all fines due by the person(s) in
violation.
Fines due will be postponed until the BZA or court of jurisdiction have made a ruling as to the violation
and/or fine.
Enforcement, Remedies, and Injunctive Relief
All remedies and enforcement shall comply with the powers set forth in IC 36-7-4-1000 et. al. and all
other applicable state law.
A. The Plan Commission or any enforcement official designated by this Ordinance may bring an action in
the Circuit or Superior Court of the County to evoke uny legal, equitable, or special remedy, for the
enforcement of any ordinance or regulation created under IC 36-7-4, and its subsequent amendments.
This includes but its not limited to the Zoning Ordinance, Subdivision Control Ordinance, etc.
B. The Plan Commission or any enforcement official designated by this Ordinance maY also bring an
action in the Circuit or Superior Court of the County to enforce:
Agreements between the Plan Commission or its designees which have been recorded as cov-
enants in connection with a subdivision plat, a development plan, or a planned development.
Commitments made in accordance with IC 36-7-4 et al.
Conditions imposed in accordunce with IC 36-7-4 et al.
C. The Board of Zoning Appeals, or any enforcement official designated bY this Ordinance may bring
action in the Circuit or Superior Court of the County to restrain a person violating IC 36-7-4 et al. or
any ordinance adopted under IC 36-7-4 et al. which includes but its not limited to the Zoning Ordi-
nance, Subdivision Control Ordinunce, Sign Ordinunce, etc.
D. The Board of Zoning Appeals or any enforcement official designated by this Ordinance may also bring
an action in the Circuit or Superior Court of the County for a mandatory injunction, directing to remove
a structure erected in violation of this Ordinance or applicable state code. If the Board of Zoning
Appeals, or its designated ~nforccrnent official is successful in its action, the respondent shall bear all
costs of the action.
E. An action to enforce a commitment made in accordance with IC 36-7-4 et al. may be brought in the
Circuit or Superior Court of the County by:
Any person who is entitled to enforce a commitment made in accordance with IC 36-7-4 et al.
under the rules of the Plan Commission or the Board of Zoning Appeals in force at the time the
commitment was made; or
Any other specially affected person who was designated in the commitment.
Article Thirteen: Enforcement and Penalties
! 3-6 Jeffersonville Zonir~ Ordinance
Article Fourteen
Definitions
Article Fourteen
Definitions
14.1
14.2
General:
The definitions contained in this Article shall be observed and applied in the interpretation of all Articles in
this Ordinance, except where the context clearly indicates otherwise. Words used in the present tense
shall include the future; words used in the singular number shall include the plural and the plural the
singular; words used in the masculine gender shall include the fenrinine.
Defined Words:
The following terms shall have the following meanings:
Abandonment: The relinquishment of property or a cessation of the use of the property for a continuous
period of one year by the owner with the intention neither of transferring rights to the property to another
owner nor of resuming the use of the property.
Accessory Building, or Structure: A building or structure which:
Is subordinate to a pr/mary building or structure in area, intent, and/or purpose,
Contributes to the comfort, convenience, or necessity of occupants of the primary building, structure,
or principal use,
Does not alter or change the character of the premises,
Is located on the same zoning lot as the primary building, structure, or use,
Conforms to the setback, height, bulk, lot coverage, and other requirements of this Ordinance unless
otherwise provided for by this Ordinance,
May not be constructed prior to the time of construction of the primary building or structure, unless
used for agricultural or personal storage or otherwise specified in this Ordinance,
Is not designed for human occupancy as a dwelling or commercial use, and,
In the case of a telecommunications tower, antenna, or other radio or cellular communications or
equipment, a subordinate structure detached from but located on the same site, the use of which is
incidental and accessory to that of the principal telecommunications tower, antenna, or other radio or
cellular communications equipment.
14-2
Je ffersonville Zoning Ordinance
Adjacent Pronertv: Any property adjacent to or directly diagonal to the subject property. Properties
across a public right of way (ROW) are also considered adjacent. The illustration below notes the proper-
ties that would be considered adjacent to two different subject properties.
Adult Bookstore: An establishment having more than ten percent (10%) of its stock in trade or its dollar
volume in books, magazines, periodicals or other printed matter, or photographs, films, motion pictures,
video cassettes, slides, tapes, records or other forms of visual or audio representations which are distin-
guished or characterized by their emphasis on matter depicting, describing or relating to sexual activities or
sexual anatomical areas.
Adult Entertainment: An adult bookstore, adult retail store, adult motion picture theater, or adult strip
club or like uses.
Adult Motion Picture Theater: A facility for audio and visual productions and performing arts specifi-
cally for adult motion pictures and adult entertainment.
Adult Retail Store: An establishment having more than ten percent (10%) of its stock in trade or its
dollar volume in devices, toys, audio or visual recordings, games, attire, or other items intended for adult
sexual activities or used for erotic, pornographic, or related sexual activities.
Adult Strip Club: A facility (indoor or outdoor; and private or public) for audiences or individuals to
observe nudity or partial nudity of any person, or any other services appealing to or designed to appeal to
erotic or sexual appetites or inclinations.
Advisory Plan Commission: A plan conmtission serving a single local government jurisdiction estab-
lished as defined under the Indiana Code, 36-7-1-2 (1983) as amended. The Jeffersonville Plan Commis-
sion is an Advisory Plan Commission.
A~riculture: The use of land for agriculture purposes, including farming, dairying, pasturage, apiculture,
agriculture, horticulture, floriculture, viticulture, and animal and poultry husbandry, and the necessary
accessory uses for packing, treating, or storing the produce; provided, however, that the operation of any
accessory uses shall be secondary to that of the normal agricultural activities.
"Agriculture" does not include feed lots, stock yards, or the commercial feeding of garbage or offal to
swine or other animals.
Alley: A public right-of-way, other than a street, road, crosswalk, or easement, that provides secondary
access for the special accommodation of abutting property.
Article Fourteen:'Definitions 14-3
Antenna: Any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission
or reception of electromagnetic or radio waves.
Annlicant: The owner, owners, or legal representative of real estate who makes application to the
Jeffersonville Plan Commission and/or Board of Zoning Appeals for action by said commission or board
affecting the real estate owned thereby.
Arterial Street: See Street, Arterial
Assisted Livin~ Facility: see Nursing Home
Attached Building: A building that is structurally connected to another building by a foundation, wall, or
roof line. Carports, garages, porch awnings and the like are considered attached buildings and must abide
by all regulations pertaining to primary structures.
Auto Renair. Major: Engine rebuilding or major reconditioning of worn or damaged motor vehicles or
trailers; collision service, including body, frame, or fender straightening or repair; and overall painting of
vehicles.
Auto Repair, Minor: Incidental repairs, replacement of parts, and motor service to automobiles but
excluding any operation specified under ~Automobile Repair, Major".
Automobile Service Station: Any building or premises used for the dispensing, sale, or offering for sale
to the public, automobile fuels stored only in underground tanks and located wholly within the lot lines;
lubricating oil or grease for the operation of automobiles; and the sale and installation of tires, batteries,
other minor accessories, and minor auto repair, but not including a bulk plant, conducting of major auto
repairs, automobile wrecking, automobile sales, or car washes; provided, however, that the washing of
individual automobiles where no chain conveyor is employed may be included.
Average Setback: An average of the front yard setbacks of structures on either side of the subject
property. If the average setback encroaches into the right-of-way, permission is not required from the
l'effersonvilte Board of Zoning Appeals. If the subject property is a comer lot, the average of the front
yard setback of structures adjacent to the subject property, along with the front yard setback of stmetures
directly across the street of the subject property must be used.
Base District Zone: A base district zone is the existing zoning district of the subject lot:
prior to the approval ora planned development, or
prior to the effects of an overlay district.
Bed and Breakfast Facility: An owner occupied or owner employee occupied residence containing no
more than six (6) guest rooms for hire, for lodging by prearrangement for periods not to exceed three (3)
consecutive weeks and providing for occasional meals daily (usually breakfast) and not a hotel, boarding
house or motel.
14-4 Jeffersonville Zoning Ordinance
Berm: A man-made, formed, earth mound of definite height and width used for landscaping and screen-
ing purposes, the intent of which is to provide a transition between uses of differing intensity or to screen
uses from sight.
Block: Property abutting on one side ora street and lying between the two (2) nearest intersecting or
intercepting streets, intersecting railroad, intersecting waterway, or the end of a dead end street.
Board: See Board of Zoning Appeals
Board of Zonine Auueals: The Jeffersonville Board of Zoning Appeals or any division thereof
Boardine House: A building or part of a building that contains accommodation facilities for lodging, and
typically with meals reserved solely for the occupants thereof for a fee. Boarding houses do not include
bed and breakfasts, multifamily dwellings, hotels or motels.
Bond: Any form of security including a cash deposit, surety bond, collateral, property, or instrument of
credit in an amount and form satisfactory to the Plan Commission. All bonds shall be approved by the
Commission wherever a bond is required by these regulations.
Buffer Landscanin~: Any trees, shrubs, walls, fences, berms, space, or related landscaping features
required under this Ordinance for buffering lots from adjacent properties or public rights-of-way for the
purpose of increasing visual shielding or other aspects of privacy and/or aesthetics.
Article Fourteen: Definitions 14-5
Buffer Yards: An area adjacent to front, side and rear property lines, measured perpendicularly from
adjacent property lines and/or right-of-way lines, intended to provide attractive spaces to reduce the
impacts of proposed uses on adjacent property or natural features and to screen incompatible uses from
each other and from the right-of-way. Buffers also help to maintain existing trees or natural vegetation, to
block or reduce noise, glare or other emissions and to maintain privacy. Buffer yards are in addition to
(separate from) front, rear, or side yard setbacks.
Building: A structure having a roof, supported by colmwas or walls, for the shelter, support, or enclosure
of persons, property, or animals; and when separated by division walls from the ground up and without
openings, each portion of such building shall be deemed as a separate building.
Building Area: The horizontal area of the buildings on a lot, measured from the outside exterior walls,
excluding open areas or terraces, unenclosed porches or decks, and architectural features that project no
more than two feet.
Building Code: The Indiana Building Code which establishes and controls the standards for constructing
all forms of permanent structures and related matters. Also referred to herein as the Jeffersonville
Building Code.
Building Height: see Structure Height
Building Envelope: The setback lines that establishes an area on a lot in which building can occur.
Side
Yard
Side
Yar~
Setback
14-6 Jeffersonville Zoning Ordinance
Business: The engaging in the purchase, sale, barter, or exchange of goods, wares, merchandise, or
services, or the maintenance or operation of offices, recreational, or amusement enterprises.
Business Districts: Refers to the NC, OC, DC, HC, C1 and C2 Districts.
BZA: See Board of Zoning Appeals
Camneround: Any site, lot, field, or tract of land designed with facilities for short term occupancy by
recreational vehicles and other camping equipment but not including mobile homes.
Cellular Communication Eauinment: Antennas and other transmitting and/or receiving device or other
associated devices used in the provision of telecommunications service.
Cemetery: Property used for interring of the dead. It includes any crematory, mausoleum, or mortuary
operated in conjunction with and on the same property.
Central Water System: A community water supply system including existing and new wells and/or
surface water sources and intakes, treatment facilities, and distribution lines and includes such of the above
facilities established by the developer to serve a new subdivision or commercial/industrial development.
Central Sewer System: A community sewer system including collection and treatment facilities owned
and maintained by the City of Jeffersonville.
Certificate of Comuliance: A certificate that is issued prior to the Certificate of Occupancy stating that
the building, structure or use has been constructed and complies with the provisions of this Ordinance,
Developer Commitments, and all conditions of the Plan Commission or BZA. A posting of bond may be
accepted for incomplete requirements that will be completed as per a written agreement. The time period
and amount of bond shall be determined by the Planning Directon
Certificate of Occnnancv: A certificate stating that the occupancy and use ora building or structure
complies with the provisions of all applicable Jeffersonville Codes and Ordinances.
Child Care Home: An establishment providing non-overuight care3 supervision, and protection of
children in private residences which is ancillary to the primary use as residential. A residential structure in
which at least (6) children (not including the children for whom the provider is parent, stepparent, guardian,
custodian, or other relative) at any time receive child care from a provider: (1) while unattended by a
parent, legal guardian or custodian; (2) for regular compensation; and (3) for more than four (4) hours but
less than twenty-four (24) hours in each often (10) consecUtive days per year, excluding intervening
Saturdays, Sundays, and holidays. The term includes class I child care home and class II child care home
as defined in IC 12-7-2-33.7 and IC 12-7-2-33.8
Child Care Center: Any institution operated for the care of children, licensed pursuant to I.C. 12-3-2-
3.1, et seq., and as defined by Indiana Code Section 12-3-2-3.
Child Care Institution: (A) a residential facility that provides child care on a twenty-four (24) hour
basis for more than ten (10) children; or
(B) a residential facility with a capacity of not more than ten (10) children that does not meet the residen-
tial structure requirements of a group home; or
(C) operates under a license issued under IC 12-17.4; provides for delivery of mental health services that
are appropriate to the needs of the individual; and complies with the rules adopted under IC 4-22-2 by the
Division of Family and Children.
Children's Home: see Child Care Institution
City: The City of Jeffersonville.
Article Fourteen: Definitions 14-7
Clinic: An establishment in which human patients are admitted for medical or dental study or treatment
and in which the services of at least two physicians or dentists are provided.
Co-location Site: A site on an existing or proposed telecommunication tower that can be used for the
installation and/or mounting of antennas or radio or cellular communication equipment that operates on a
different frequency from the initial user.
Commission: See Advisory Plan Commission
Comnrehensive Plan: Refers to the Jeffersonville Comprehensive Plan. The plan includes goals,
objectives and strategies for land use, growth management, transportation/thorou~afares, community
facilities and services, environment concerns, infrastructure, aesthetics and identity, economic develop-
ment, and parks and recreation. The plan was developed and adopted by the Commission pursuant to the
I.C. 36-7-4-500 series and includes any part and/or policies separately adopted and any amendment to
such plan and/or policies, or parts thereof.
Condition of Annroval: Stipulations or provisions set forth by the Board of Zoning Appeals or Plan
Commission required as a prerequisite for approval ora petition.
Condominium: Real estate lawfully subject to I.C. 32-1-6 (1-31), (the Horizontal Property Law), by the
recording of condominium instruments, in which undivided interests in the common areas and facilities are
vested in the condominium unit owners.
Construction Plan(s): The maps or drawings showing the specific location and design of improvements
to be installed in accordance with the requirements of this Ordinance and the Indiana Building Code as a
condition of approval.
County: Clark County, Indiana:
Covenants: Private and legal restrictions of various kinds on the usage of lots, typically within a subdivi-
sion and applied by the subdivider. In the case of public health, safety and welfare, covenants may be
applied by the Plan ComnUssion, that are recorded with the plat and deed. Covenants can also be placed
on commercial and industrial developments. Unless specifically agreed to, covenants are not enforceable
by the Plan Commission or its designees. However, they are enforceable in civil court by interested or
affected parties.
Cul-De-Sac: A street having one (1) end open to traffic and being permanently terminated by a vehicu-
lar turnaround at the other end.
DBH: Diameter-at-breast-height is a tree trank diameter measured in inches at a height of 4.5 feet above
the ground. Ifa tree spits into multiple trunks below 4.5 feet, the trunk is measured at ist most narrow
point beneath the split.
Day Care Center: See Child Cam Center
Dedication: The setting apart of land or interests in land for use by the municipality or public by ordi-
nance, resolution, or entry in the official minutes as by the recording ora plat.
14-8 Jeffersonville zoning Ordinance
Detached Building: A building that has no structural connection with the prin~ary building or any other
building or structure.
Developer: l[~e o~er or legal rcpresentati¥¢ of land proposed to be s~bdi¥idcd or rcsid¢~tJall¥/com-
mercJal]¥/ind~ st£Jall¥ utilized.
District: Areas within the City of J¢ffcrsonYJll¢ for ~hich uinfo~ zonin~ regulations go¥¢~in~
~¢Jght, area, size, intensity of use of buildings and land, and open spaces abo~t buil~ngs, axe established
this Ordinance. Districts are draw~ on the Official Zoning
Domestic Pets: A~mals commonly ascd as household pets, protection, companions, and for assistance to
disabled persons. Domestic pets shall include animals that are cared for and treated in a manner accept-
able for pet dogs, cats, and birds. Domestic pets shall include, but not be limited to, dogs, cats, parakeets,
parrots, finches, lizards, spiders, guinea pigs, hamsters, gerbils, rats, mice, rabbits, aquarium fish, ferrets.
and snakes if cared for in the manner described above.
Drives. Private: See Street; Private
Dunlex: See Dwelling, Two-Family
Dwelline: A building or structure or portion thereof, conforming to all requirements applicable to the
District in which it is located, alt Building Codes, and that is used exclusively for residential occupancy,
including single-family dwelling units, two-family dwelling units, and multifamily dwelling units, but exclud-
ing hotels, motels, and boarding hous. es.
Dwelling, Manufactured Home: A single~family dwelling unit designed and built in a factory, installed
as a permanent residence, which bears a seal certifying that it was bulk in compliance with the federal
Manufactured Housing Construction and Safety Standards Law (1974 U.S.C. 5401 et seq.), and which
also complies xvith the following specifications:
Was constructed at~er January 1, 1981, and exceeds nine hundred fifty (950) square feet of occupiable
space per I.C. 36-7-4(d),
Is attached to a permanent foundation of masonry construction and has a permanent concrete or
concrete block perimeter enclosure constructed in accordance with the One and Two Family Dwelling
Code,
Has wheels, axles, and towing chassis removed,
Has a pitched roof with a minimum rise of 2/12, and
Consists of two (2) or mom sections which, when joined, have a minimum dimension of 23' in width
for at least 60% of its length.
Article Fourteen: Definitions
Dwelline, Mobile Home: A transportable dwelling unit which is a minimum of 8' in width and winch is
built on a permanent foundation or tied doxvn with perimeter skirting when connected to the required
utilities, and includes the plumbing, heating, air conditioning, and electrical system contained therein, and
which was manufactured either:
Prior to June 15, 1976 and bears a seal attached under Indiana Public Law 135, 1971, certifying that it
was built in compliance with the standards established by the Indiana Administrative Building
Council,or
Subsequent to or on lune 15, 1976 and bears a seal, certifying that it was built in compliance with the
Federal Mobile Home Construction and Safety Standards.
Dwelling. Mnltifamilv: A residential building designed for or occupied by three (3) or more families, with
the number of families in residence not exceeding the number of dwelling units provided.
Dwelling. Single-Family: A detached residential dwelling unit designed for and occupied by one (1)
family. A single family dwelling shall be at least 23 feet wide for sixty percent of its length.
Dwellin~ Site: A site witinn a manufactured home park and/or mobile home park with required improve-
ments and utilities that is leased for the long term placement ora manufactured home and/or mobile
home.
Dwelling. Two-Family: A residential building containing two (2) dwelling units designed for occupancy
by not more than two (2) fanfilies.
Dwellin~ Unit: Any structure or portion thereof designed for or used for residential purposes as a self-
sufficient or individual unit by one (1) family or other social association of persons and having permanently
installed sleeping, cooking, and sanitary facilities.
Easement: A grant by a property owner to specific persons, the general public, corporations, utilities, or
others, for the purpose of providing services or access to the property.
Expressway: Any roadway that operates at a high service level, consists of limited access, is divided,
carries region-wide traffic and is generally classified as part of the interstate system.
Family: An individual, or two (2) or more persons related by blood, marriage, or adoption, or a group of
not more than three (3) persons, not related by blood, marriage, or adoption, living together as a single
housekeeping unit in a dwelling unit.
Finished Floor Area: See Floor Area, Finished
Floodnlain: The relatively flat area or low land adjoining the channel ora river or stream winch has been
or may be covered by flood water. The flood plain includes the channel, floodway, and floodway fringe.
Flood plain boundaries are to be determined by using the Floodway-Flood Boundary Maps of the Federal
Insurance Administration/Federal Emergency Management Administration.
14-10 Jeffersonville Zoning Ordinance
Flood Protection Grade: The elevation of the lowest point around the perimeter of a building at which a
one hundred (100) year flood may enter any Finished Floor Area.
Floor Area: The sum of all horizontal surface areas of all floors of all roofed portions ora building
enclosed by and within the surrounding exterior walls or roofs, or to the center line(s) of party walls
separating such buildings or portions thereof. Floor area of a building shall exclude exterior open balconies
and open porches.
FIo0r Area. Finished: That portion of floor area constructed, completed, and usable for living purposes
with normal living facilities which includes sleeping, dining, cooking, working, entertainment, common
space linking rooms, areas for personal hygiene, or combination thereof. Floor area or portion thereof
used only for storage purposes and not equipped for the facilities mentioned above shall not be considered
Finished FloorArea.
Floor Area. Main: That portion of Finished Floor Area located on the first (or nearest ground level) floor
of the dwelling unit. The Main Floor Area of a primary structure does not include a garage, carport, deck,
unfinished storage, patio, or open porch.
Foundation: The supporting member of a wall or structure.
Freeway: See Expressway
Front Line: With respect to a building, the foundation line that is nearest the front lot line.
Front Lot Line:
A. For an interior or through lot, the line marking the boundary between the lot and the abutting street,
right-of-way or a Lake or watercourse; and
B. For a comer lot, the line marking the boundary between the lot and each of the abutting streets.
(SEE GRAPHICS FOR "FRONT YARD")
Front Yard: The horizontal space between the nearest foundation ora building or structural appurte-
nance, or roof eave (whichever is closer) to the Front Lot line, extending to the side lines of the lot, and
measured as the shortest distance from that foundation to the Front Lot line.
Roar Lot Line
Rear Lot Line
R,O.W. = AS Defined on Thor0ughfai'e Plan
Frontaee: See Lot Frontage
Garage: An attached or detached structure whose principal use is to house motor vehicles or personal
property for the accommodation of related dwelling units or related business establishments.
Article Fourteen: Definitions 14-1 1
Ground FloorArea: See Floor Area, Main
Groun Home: A facility that houses not more than ten (10) children that are either (A) in need of service
under lC 31-34-1; or (B) children who have committed a delinquent act under IC 31-37-2-2, IC 31-37-2-3,
or IC 31-37-2-5. Group homes am not subject to covenants, deeds or other instruments pertaining to the
transfer, sale, lease, or use of property that would permit the residential use of property but prohibit the use
of that property as a group home as a matter of State public policy reasons. Group homes cannot be
prohibited on the grounds that they are a business, the persons living in a group home are not related, or
any other reason. All group homes must abide by IC 12-17.4-5 and must be a licensed facility with the
State, meeting fire codes, building codes, and specific group home regulations.
Hardship: A difficulty with regard to one's ability to improve land stemming from the application of the
development standards of this Ordinance, which may or may not be subject to relief by means of variance.
In and of themselves, self-imposed situations and clams based on a perceived reduction of or restriction
on economic gain shall not be considered hardships. Self-imposed situations include: the purchase of land
with actual or constructive knowledge that, for reasons other than physical characteristics of the property,
the development standards herein will inhibit the desired improvement; any improvement initiated in
violation of the standards of this Ordinance; any result of land division requiting variance from the devel-
opment standards of this Ordinance in order to render that site buildable.
Heieht: See Structure Height
Hobby Farming: ~he use of land for purposes, including: dairying, pasturage, apiculture, agriculture,
horticulture, floriculture, viticulture, and animal and poultry husbandry. Processing and storage of har-
vested produce or other end products shall not be allowed on site. The hobby farming use(s) shall not
exceed 40% of the land area of the lot and shall abide by all setback regulations. Hobby farming cannot
be the principal income source for the owner, operator or household on site.
Hobby farming shall not include feed lots, stock yards, or the commercial feeding of garbage or offal to
swine or other animals.
Home Occunati0n #1: Specified activities or business practices that may be carried on in a residence
that have little to no impact to structure or surroundings within residential Zoning Districts. These activi-
ties or business practices do not allow the loss of the residential district's character or function as a
residential area or neighborhood. To regulate minimal business practices within residential districts,
development standards for home occupations have been established and can be found in Article 7 Section
7.18 Subsection HO-01.
Home Occunation #2: Reasonable business practices that may be carded on in a residence that have
minimal impact within residential Zoning Districts. These business practices do not allow the loss of the
residential district's character or function as a residential area or neighborhood. To regulate reasonable
business practices for home occupations, development standards have been established and can be found
in Article 7 Section 7.18 Subsection HO-02.
Hotel: A building in which temporary lodging or board and lodging are provided and offered to the public
for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or
office supervised by a person in charge at all hours. As such, it is open to the public. Compensation is
usually assessed on a day-to-day basis.
Hosnital: An institution providing primary health services and medical or surgical care to persons,
primarily inpatients, suffering from illness, disease, injury, and other abnormal physical or mental conditions
and including, as an integral part of the institution, related facilities, such as laboratories, outpatient facili-
ties, training facilities, medical offices, and staffresidences.
14-12 Je ffersonville zoning Ordinance
Impervious Surface: Any material that prevents absorption of stormwater into the ground such as
concrete or asphalt. This does not include gravel, rock, or stone.
Imnrovement Location Permit: A permit issued under the Zoning Ordinance prior to receiving a
building permit, penuitting a person, firm, or corporation to erect, construct, enlarge, alter, repair, move,
occupy, use, improve, remove, convert, or demolish any building or structure within its jurisdiction, or
permitting a person to change the condition of the land.
Imnrovement: Any permanent structure that becomes part of, placed upon, or is affixed to real estate,
or any akeration to the land. In the case of the Park and Recreation District, this excludes paved walk-
ways and plantings.
Incidental: A minor occurrence or condition which is customarily associated with a permitted use and is
likely to ensue from normal operations.
Industry, Light: See Manufacturing, Light
Industry. Heavv: See Manufacturing, Heavy
Industrial District: Refers to the NI, I1 and I2 Districts.
Initial User: The applicant, person, organization or corporation that originally applies to the City of
Jeffersonville for approval for the installation of an antenna or other radio or cellular communication
equipment or for approval for the construction of a telecommunication tower or facility.
Interior Lot:. See Lot, Interior
Interstate: See Expressway
Jurisdiction: See planmng Jurisdiction
Junk: An automobile, track, other motor vehicle, watercraft, large appliances, furniture or like materials
which have been damaged to such an extent that they cannot be operated under their own power or used
and/or will require major repairs before being made usable. This also includes such a vehicle which does
not comply with State, County, or City vehicle licensing or other laws or ordinances.
Junk Yard: A place, usually outdoors, ~vhere waste or discarded used property, including but not limited to
automobiles, farm implements and tracks, is accumulated and is or may be salvaged for reuse or resale.
This does not include industrial scrap metal or accumulation of organic matter.
Kennel (CommerciaB: A place primarily for keeping more than four (4) adult dogs, or other small
animals that are ordinarily brad for sale as pets, including temporary care facilities for ammals for compensa-
Kennel (PrivateS: A place for keeping up to four (4) adult dogs, or other small animals for personal use
and enjoyment which is subordinate to the principal use. Private kennels are not regulated in this Ordi-
nance and are permitted in alt districts.
Landscanin~: The improvements ora lot with grass, shrubs, trees, and other vegetation and/or ornamen-
tal objects. Landscaping may include pedestrian walks, flower beds, berms, fountains and other similar
natural and man-made objects designed and arranged to produce an aesthetically pleasing effect.
Leeal Nonconformin~ Buildine or Structure: Any continuously occupied, lawfully established
structure or building prior to the effective date of this Ordinance, or its subsequent amendments, that no
longer meets the development standards.
Article Fourteen: Definitions 14-13
Legal Nonconformin~ Lot of Record: Any legally established and recorded lot prior to the effective
date of this Ordinance, or its subsequent amendments, that no longer meet the lot-specific development
standards.
Leeal Nonconformine Sign: Any sign lawfully existing on the effective date of this ordinance, or
amendment thereto, that does not conform to all the standards and regulations of this Ordinance and has
been registered within the allotted time period as described in 10.7 of this Ordinance.
Leeal Nonconformine Use: Any continuous, lawful use of structures, land, or structures and land in
combination established prior to the effective date of this Ordinance or its subsequent amendments that is
no longer a permitted use in the district where it is located.
Local Street: See Street, Local.
Lot: A piece, parcel or tract of land designated by its owner or developer to be used, developed or built
upon as a unit under single or multiple ownership or control. There are generally three types of lots
identified in this Ordinance: Interior Lots, Comer Lots, and Through Lots. In all other Districts, a lot may
only contain one primary structure. In M1 and M2 Districts, a lot may contain more than one primary
structure.
Lot. Buildable: See Lot, Improved
14-14 ]effersonville Zoning Ordinance
Lot. Corner: A lot situated at the intersection of two (2) streets or which fronts a street on two (2) or
more sides forming an interior angle of less than one-hundred and thirty-five (135) degrees.
Lot Coveraee: The area ora lot occupied by the primary building, any accessory structures and imper-
vious surface.
Lot Denth: The horizontal distance between the front and rear lot lines.
I Lot Width I [ Lot Widt~ I
Area
Lot. Develoned: A lot with buildings or structures situated thereon.
Lot Frontaee: The length of the front lot line bordering upon a public fight of way. The lot frontage is
determined by measuring the total distance in which the front lot linetouches a public right of way. Lot
frontage requirement for a cul-de-sac lot is one half (1/2) the distance required for standard lots.
Lot. Improved: A lot upon which a structure or building can be constructed and occupied as a result of
the fact that it has frontage on and access to an improved street, meets minimum setback requirements,
and has all necessary utilities available to the lot such as sewer, water, electricity, etc.
Article Fourteen: Definitions 14-15
Lot, Interior: A lot other than a comer lot or a through lot.
Lot of Record: A lot which is a part of a subdivision recorded in the office of the County Recorder, or a
parcel or lot described by metes and bounds, a description of which has been so recorded.
Lot, Throueh: A lot froming on two (2) parallel or approximately parallel streets, or abutting two (2)
streets which do not intersect at the boundaries of the lot. Also includes lots fronting on both a street and
a watercourse or lake. Accessory buildings are allowed in front yards facing watercourses or lakes.
14-16 Je ffersonville Zoning Ordinance
Lot Width: The distance between the side lot lines as measured on the front kit line._.~U!-~!~-Sgc and
irregular shaped lots shall measure their front lot widths along the front setback line from one side lot line
to the other.
Main Floor Area: see Floor Area, Main
Maneuver~ An open space in a parking area which: Is immediately adjacent to a parking space,
Is used for and/or is necessary for turning, backing or driving forward a motor vehicle into such
parking space, but
Is not used for the parking of or storage of motor vehicles.
Manufactured Home: See Dwelling, Manufactured Home.
Manufactured Home Park: A parcel of land containing two or more dwelling sites, with required
improvements and utilities, that are leased for the long term placement of Mobile Home Dwellings and/or
Manufactured Home Dwellings, and shall include any street used or intended for use as part of the
facilities of such Manufactured Home Park. A Manufactured Home Park does not involve the sales of
Mobile Home Dwellings or Manufactured Home Dwellings in which unoccupied units are parked for
inspection or sale.
Manufucturin Heav-: The assembly, fabrication or processing of goods and materials using processes
that ordinarily have greater than minimal impacts on the environment, or that otherwise do not constitute
light manufacturing, and which may include open uses and outdoor storage. Heavy manufacturing gener-
ally includes processing and fabrication of products made from extracted or raw materials. Heavy manu-
facturing shall not include any use that is otherwise listed specifically in any zoning district as a pemtitted
use or special exception.
Manufacturin.~,i ht: The assembly, fabrication or processing of goods and materials using processes
that ordinarily do not create noise, smoke, fume, odors, glare or health or safety hazards outside of the
building or lot where such assembly, fabrication, or processing of goods are housed entirely within an
enclosed building. Light manufacturing generally includes processing and fabrication of fiinshed products
predominantly from previously prepared materials. Light manufacturing shall not include any use that is
otherwise listed specifically in any zoning district as a permitted use or special exception.
Marker (survevl: A stake, pipe, rod, nail, or any other object which is not intended to be a permanent
point for record purposes.
Master Plan: See Comprehensive Plan.
Article Fourteen: Definitions 14-1 /
Mobile Home: See Dwelling, Mobile Home.
Mobile Home Park: See Manufactured Home Park.
Monument (survey): A permanent physical structure which marks the location of a comer or other
survey' point.
Motel: An establishment consisting ufa group of attached or detached living or sleeping accommodations
with bathroom and closet space, located on a single zoning lot, and designed for use by transient automo-
bile travelers. A motel furnishes customary services such as maid service and laundering of linen, tele-
phone, secretarial, or desk service, and the use and upkeep of furniture.
Motor Home: See Recreational Vehicle.
Motor Vehicle: Any passenger vehicle, truck, tractor, tractor-trailer, truck-trailer, trailer, boat, recratoinal
vehicle, semi~trailer, or any other vehicle propelled or drawn by mechanical power.
Mural: A painting on the side ufa building, wall, or structure; or a painting on the ground or the ceiling of
a building or structure. A mural that does not function as a Sign is not regulated by this Ordinance.
Murals that function as a sign are regulated in this Ordinance as a Wall Sign.
Nonconformine Building: A building, structure, or portion thereof, which was designed, erected, or
structurally altered such that it does not conform to the regulations of the district in which it is located.
Nonconformine Lot of Record: A lot which was created such that it does not conform to the regula-
tions of the district in which it is located.
Nonconformine Sien: A sign or portion thereof, which was designed, erected, or structurally altered
such that it does not conform to the regulations of the district in which it is located.
Nonconformine Use: A use which does not conform with the use regulations of the district in which it is
located.
Nursine Home: A private home for the care of the aged or infirm, or any other person in need of
nursing care; and which does not contain equipment for surgical care or for treatment of disease or injury,
and is not primarily designed for patients being treated for mental illness or alchohol or drug addiction.
Official Zonin~ Man: A map of the City of Jeffersonville, Indiana, that legally denotes the boundaries of
zoning districts as they apply to the properties within the planning jurisdiction. There is only one Official
Zoning Map, and it is kept up to date by the Plan Commission and the Planning Dimcton
Official Zonine Man Couies: A map of the City of Jeffersonville, Indiana, that legally denotes the
boundaries of zoning districts as they apply to the properties within the planning jurisdiction. These maps
may be out of date.
Off-site Imurovement$: Any premises not located within the area of the property to be subdivided,
used, or built upon whether or not in the same ownership of the applicant for subdivision approval.
Open Snace: An area of land not covered by buildings, parking structures, or accessory uses except for
recreational structures. Open space may include nature areas; streams and flood plains; meadows or
open fields containing baseball, football, and soccer fields, golf courses, swimming pools, bicycle paths, etc.
Open Space does not include street rights-of-way, platted lot area, private yard, patio areas, or land
scheduled for future development.
Outdoor Storaee: See Storage, Outdoor.
14-18 Jeffersonville Zoning Ordinance
Owner: Any person, group of persons, firm or firms, corporation or corporations, or any other legal entity
having legal title to or sufficient proprietary interest in the land sought to be subdivided under these regula-
tions, or their legal representative.
Parcel: See Lot.
Parent Tract: A lot of record as recorded on the effective date of this ordinance. Multiple pieces (lots)
owned by one person, persons in partnership, or a Company and that are contiguous shall together be
considered one (1) parent tract. Roads, rivers, easements, and other built or natural features shall not
constitute a separation of two or more pieces of land owned by one person, persons in parmership, or a
business.
Parkine Snace. Automobile: Space within a public or private parking area for the storage of one (1)
passenger automobile or commercial vehicle under a one and one-half (1-1/2) ton capacity.
Paved: A durable surface for parking, driving, riding or similar activities that utilizes asphalt, concrete,
brick, paving blocks or similar material. Crushed gravel, stone, rock, or dirt, sand or grass are not permit-
ted as a paved surface.
Performance Bond: An amount of money or other negotiable security paid by the subdivider, developer,
or property owner or his/her surety to the City which guarantees that the subdivider will perform all
actions required by the City regarding an approved plat or in other situations as stated forth in this Ordi-
nance and/or as deemed by the Planning Director that provides that if the subdivider, developer, or prop-
erty owner defaults and fails to comply with the provisions of his/her approval, the subdivider, developer, or
property owner or his/her surety will pay damages up to the limit of the bond, or the surety will itself
complete the requirements of the approval.
Permanent Foundation: A structural system for transposing loads from a structure to the earth at a
depth below the established frost line without exceeding the safe b~aring capacity of the supporting soil.
Permanent Perimeter Enclosure: A permanent perimeter structural system completely enclosing the
space between the floor joists of the home and the ground, except for the necessary openings, constructed
in accordance with the One and Two Family Dwelling Code.
Person: A corporation, firm, partnership, association, organization, unit of government, or any other group
that acts as a unit, as well as a natural person.
Plan Commission: See Advisory Plan Commission.
Planned Develonment: A large-scale unified development meeting the requirements for zoning approval
under the provisisns of Article Five of this ordinance. Generally a planned development consists ora
parcel or parcels of land, controlled by a single landowner, to be developed as a single entity which does
not correspond in size of lots, bulk or type of buildings, density, lot coverage, and required open space to
the regulations established in any district of this Ordinance. This may result in more attractive and afford-
able development than conventional developments would allow. Clustered housing (dwdlings built in
innovative lot arrangements around common open space) and zero lot line housing (dwellings built nnmedi-
ately adjacent to lot lines) are possible as part of planned developments. A planned development requires
approval through a zoning map amendment.
Plannine Director: The officer appointed by and/or delegated the responsibility for the administration of
this ordinance's regulations by the Plan Commission.
Plannin urisdicti n: All land within the corporate limits of Jeffersonville, Indiana, including the land
within 2-miles of the corporate boundaries of Jeffersonville, as set out on the Official Zoning Map.
Article Fourteen: Definitions 14-19
Plat: A map or chart that shows a division of land and/or the layout for subdivisions that is intended to be
filed for record.
Plat, Primary: The primary plat, pursuant to I.C. 36-7-4-700 series, is the plat and plans upon which the
approval ora proposed subdivision are based. The primary plat and plans shall be subject to public notice
and public hearing according to law and according to Plan Commission rules. (Under former state stat-
utes, the primary plat was referred to as a "preliminary" plat.)
Plat. Secondary: The secondary plat, pursuant to I.C. 36-7-4-700 series, is the final plat document in
recordable form. A secondary plat shall substantially conform with the preceding primary plat, or section
thereof. The secondary plat and plans are not subject to public notices and public hearings.
Porch: A roofed-over structure projecting out from the wall or walls of a main structure and commonly
open to the weather in part.
Practical Difficulty: A difficulty with regard to one's ability to improve land stemming from regulations
of this Ordinance. A practical difficulty is not a "hardship," rather it is a situation ~vhere the owner could
comply with the regulations within this Ordinance, but would like a variance from the Development
Standards to improve his site in a practical manner. For instance, a person may request a variance from a
side yard setback due to a large tree which is blocking the only location that would meet the Development
Standards for a new garage location.
Primary Arterial: See Street, Primary Arterial.
Primary Plat: See Plats Primary.
Primary Structure/Building: The building or structure in which the principal use of the lot or premises is
located or conducted, with respect to residential uses, the principal building or structure shall be the main
dwelling. Only one primary structure shall be allo;ved on any one lot at any time, with the exception of
any recorded secondary plats involving multiple family residential development with moie than one resi-
dential structure.
Princinal Use: The main use of land or buildings as distinguished from an accessory use. A principal use
may be either a permitted use or a special exception.
Private Street: See Street, Private
Professional Office: An office used by members of a recognized profession such as architects, artists,
dentists, engineers, lawyers, musicians, planners, physicians, surgeons, pharmacists, and realtors or insur-
ance agents and brokers.
Public Imnrovements: Any storm drainage facility, street, highway, parkway, sidewalk, pedestrian-way,
tree, lawn, off-street parking area, lot improvement, utility, or other facility for which the local government
may ukimately assume the responsibility for maintenance and operation, or which may affect an improve-
ment for ~vhich local government responsibility is established.
Public/Private Parking Area: A group of parking spaces in an open area not including any part of a
street or alley, designed or used for temporary parking of motor vehicles.
Public Street: See Street, Public.
Public Utility: Any person, firm, or corporation duly authorized to furnish under public regulation to the
public, electricity, gas, steam, telephone, fiber optics, transportation, water, or sewage systems.
Rear Lot Line: The lot line that is opposite the front lot line and farthest from it, except that for a
triangular or other irregnlarly-shaped lot, the line ten feet long, parallel to the front lot line, and wholly
within the lot, that is farthest from the lot line. (See Graphic for Rear Yard)
14-20 Jeffersonville Zoning Ordinance
Rear Yard: The horizontal space between the nearest foundation or structural appurtenance of a building
to a rear lot line and that rear lot line, extending to the side lines of the lot, and measured as the shortest
distance from the foundation to the rear lot line. Comer lots do not have rear yards, rather they have two
side yards.
,W, = AS Defined on Thorouohfare pla~
Recreational Vehicle: A vehicular-type portable stmctare ~-~thout permanent foundation that can be
towed, hauled, or driven and primarily designed as a temporary living accommodation for recreational,
camping, and travel use and including but not limited to, travel trailers, track campers, camping trailers,
boats, and self-propelled motor homes. A recreational vehicle Shall not be used as living quarters.
Recreational Vehicle Park: Any commercially zoned site, lot, field, or tract of land under single owner-
ship, or ownership of two or more people, designed with facilities for short term occupancy for recre-
ational vehicles only.
Registered Land Surveyor: A land surveyor properly licensed and registered or through reciprocity
permitted to practice in the State of Indiana.
Registered Professional Eneineer: An engineer properly licensed and registered or through reciproc-
ity permitted to practice in the State of Indiana.
Reeulatorv Flood: A flood having a peak discharge which can be equalled or exceeded on the average
of once in a one hundred (100) year period, as calculated by a method and procedure which is acceptable
to and approved by the Indiana Natural Resources Commission; Further, this flood is equivalent to a flood
having a one percent (1%) probability of occurrence in any given year.
Reeulatorv Floodway: The channel of a river or stream and those portions of the flood plains adjoining
the channel which are reasonably required to efficiently carry and discharge peak flow of the regulatory
flood of any river or stream and, is that area covered by floodwaters in significant downstream motion or
covered by significant volumes of stored water during the occurrence of the regulatory flood.
Residential District: Refers to the RI, R2, R3, M1, M2 and MP Districts.
Residential Facility for the Develonmentallv Disabled (lareel: A residential facility which provides
residential services for more than eight (8) developmentally disabled individuals as described in I.C. 12-28-4.
Residential Facility for the Develonmentallv Disabled (smalB: A residential facility which provides
residential services for eight (8) developmentally disabled individuals or less as described in I.C. 12-28-4.
Article Fourteen: Definitions 14-21
Residential Facility for the Mentally Ill: A residential facility which provides residential services for
mentally ill individuals as described in I.C. 12-28-4. No two Residential Facilities for the Mentally Ill shall
be within three thousand (3,000) feet of one another in the Ieffersonville planning jurisdiction as stated in
Indiana Code.
Re-subdivision: A change in a recorded subdivision plat if such change affects any street layout or area
reserved thereon for public use or any lot line or easement; or if it affects any map or plan legally re-
corded.
Rieht-of-Wav: A strip of land occupied or intended to be occupied by transportation facilities, public
utilities, or other special public uses. Rights-of-way intended for any use involving maintenance by a public
agency shall be dedicated to the public use by the maker of the plat on which such right-of-way is estab-
lished.
Retirement Community: An age-restricted development, which may include detached and attached
dwelling units, apartments, and may also have a nursing home component.
ROW: See Right-of Way.
Road: See Street.
Satellite Dish/Antenna: An apparatus capable of receiving communications from a transmitter relay
located in a planetary orbit, or broadcasted signals from transmitting towers.
School: A public or private institution which offers instruction in any of the branches of learning and study
comparable to that taught in the public schools under the Indiana School Laws, including pre-kindergarten,
kindergarten, elementary school, and junior and senior high schools, but excluding trade, business, or
commercial schools.
School, Trade, Business, or Commercial: An educational facility which offers instruction specific to a
trade, business, or commercial.
Scran Metal Yard: A general industrial use established independent or ancillary to and connected with
another general industrial use, which is concerned exclusively in new and salvaged metal pipes, wire,
beams, angles, rods, machinery, parts, filings, clippings, and/or all other metal items of every type, and
which acquires such items incidental to its connection with the other general industrial use or by purchase,
consignment or bailment which stores, grades, processes, melts, cuts, dismantles, compresses, cleans, or in
any way prepares said items for reuse by the connected other general industrial use or for storage, sale or
shipment and/or use in other industries or businesses including open hearth, electric furnaces and foundry
operations. Such an establishment shall not include junk yards, dumps, or automobile or other vehicle
graveyards.
The s~orage, dealing in or the permitting of the accumulation of significant quantities of combustible,
organm or nonmetal scrap materials such as wood, paper, rags, garbage, bones and shattered glass on the
premises of such an establishment will disqualify it from being classified as a scrap metal yard, and the
same w/ll be classified as a junk yard.
Setback: The minimum horizontal distance between the building line and a lot line or right-of-way.
Side Lot Line: A lot boundary line other than a front or rear lot line.
(SEE GRAPHIC UNDER "SIDE YARD")
4-22 }effersonville Zoning Ordinance
Side Yard: The horizontal space between the nearest foundation or structural appurtenance ora building
to the side lot line.
Sien: Any name, identification, description, display, or illustration which is affixed to, painted on, or is
represented directly or indirectly upon a building, structure, or piece of land, and which directs attention to
an object, product, place, activity, person, institution, organization, or business. Religious symbols on places
of worship or structures owned and operated by religious organizations shall not be considered a sign
unless accompanied with text.
Si~n. Ground: A sign in which the bottom edge of the sign is permanently afixed to the ground. A
monument sign is another name for a Ground Sign.
Sign. Mural: A sign painted onto the side ora building, walll ground, or structure. A mural sign is regu-
lated as a wall sign in this Ordinances. Mural's without a commercial message are not regnalted by this
Ordinance.
Sign, Non-Commerciah Any' sign wording, logo or other representation that, directly or indirectly, does
not name, advertise, or call attention to a business, product, service, or other commercial activity.
Sign, Outdoor Advertising: A sign which directs attention to a business, commodity, service, or enter-
tainment conducted, sold, or offered elsewhere than upon the premises where such sign is located or to
which it is affixed. Also called billboard or off-premise sign.
Si~n, Portable: Any sign not permanently attached to the ground or other permanent structure, or a sign
designed to be transported, including, but not limited to, signs designed to be transported by means of
wheels; signs converted to A or T-frames; menu or sandwich board signs; ballons used as signs; umbrellas
used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-
of-way, unless said vehicle is used in normal day-to-day operations of the business.
~ An on-premise advertising device not fixed to a permanent foundation, for the purpose
of conveying information, knowledge, or ideas to the public about a subject related to the activities on the
premises upon which it is located.
Article Fourteen: Definitions 14-25
Signs. Tvnes of: The graphic below depicts the primary types of signs. Regulations for the type of signs
permitted will vary by zoning district.
Snecial Exception: The authorization ora use that is designated as such by this ordinance as being
permitted in the district concerned if it meets special conditions, is found to be appropriate and upon
application, is specifically authorized by the BZA.
Storaee. Outdoor: The outdoor accumulation of goods, junk, motor vehicles, equipment, products, or
materials for permanent or temporary holding.
Story: That portion of a building included between the surface of any floor and the surface of the floor
next above it, or if them be no floor above it, then the space between the floor and the ceiling next above it.
Any portion of a stow exceeding fourteen (14) feet in height shall be considered as an additional stow for
each fourteen (14) feet or fraction thereof.
Street: Any vehicular right-of-way that:
Is an existing state, county, or municipal roadway,
is shown upon a plat approved pursuant to law,
is approved by other official action, or
is shown on a plat duly filed and recorded in the office of the county recording officer prior to the
appointment ora planning board and the grant to such board to review plats; includes the land between
the street lines, whether improved or unimproved.
Street. Local: A street designed primarily to provide access to abutting properties and discourage
through traffic, as depicted by the Thoroughfare Plan within the Comprehensive Plan.
tr et Prima Arterial: A street with access control, restricted parking, and that collects and distrib-
utes traffic to and from secondary arterials, as depicted by the Thoroughfare Plan within the Comprehen-
sive Plan.
14-24 Jeffersonville Zoning Ordinance
Street. Private: Vehicular streets and driveways, paved or unpaved, which are wholly within private
property except where they intersect with other streets within public rights-of-way and that are maintained
by the owner(s).
Street. Public: All property dedicated or intended for public highway, freeway, or roadway purpose or
subject to public easements therefore.
tructural Alterati,,ns: Any change in the supporting members ora building or structure such as bearing
walls, partitions, columns, beams or girders, or any change in the footprint or increase in the size of living
space. Also, substantial roofing and siding work ~vhen repairs are made to the structure beneath.
Structure: Anything constructed or erected which requires location on the ground or attachment to something
having a location on the ground, including but not limited to buildings, sheds, detached garages, mobile homes,
manufactured homes, above-ground storage tanks, free-standing s~gns and other similar items.
The vertical distance measured from the lot ground level to the highest point of the roof.
(from highest (from highest gable~bf~
Subdivision: The division of a parent tract or other p~ece of land into at least two (2) smaller lots or the
combination of two or more smaller lots into one lot so that, either now or in the future, the subdivider can,
transfer ownership, construct buildings or establish a use other than vacant, or create new building sites
for leasehold, and as further defined inthe Jeffersonville Subdivision Control Ordinance.
Secondary Plat: See Plat, Secondary
~ A self-contained body of water at least eighteen (18) inches deep and eight (8) feet in
diameter or width and used for recreational purposes. It may be above or below ground level, and shall be
considered an accessory structure/use.
Telecommunications Facility: A site that houses a telecommunications tower, support structure,
antennas, accessory structures and/or associated radio or cellular communications equipment.
Telecommunications Tower: A monopole or lattice structure situated on a site used to support antennas
and radio or cellular communications equipment.
Temuorarv Imnrovement Location Permit: A permit issued under the Zoning Ordinance permitting a
temporary use or structure not to exceed two (2) months. One (1) extension of two (2) months may be
authorized by the planning Director for reason/cause.
Temnorarv Use/Structure: A land use or structure established for a limited and ~xed period of no more than
four (4) months with the intent to discontinue such use or stmcture upon the expiration of the time period.
Theater: A facility for audio and visual productions and performing arts, excluding adult motion picture
theaters and adult entertainment businesses.
Article Fourteen: Definitions 14-2',
Thoroughfare Plan: The official plan, now and hereafter adopted, which includes a street plan, sets
forth the location, alignment, dimensions, identification, and classification of existing and proposed streets,
and other thoroughfares, as found in the Jeffers°nville Comprehensive Plan.
Tower: See Telecommunications Tower
Two-Pa e La ut: Two-Page Layout refers to the two-page layout accompanying each zoning district in
articles three (3) and four (4) of this Ordinance. The two-page layout includes permitted uses, special
exception uses, and basic zone district information. Below is an exam ~le from Article 3.
Use: The purposes for which land, building, or structure thereon is designed, arranged, or intended, or for
which it is occupied, maintained, let, or leased.
Variance, Use: The approval ora use other than that prescribed by the zoning ordinance, an act granted
by I.C. 36~7-4-918.3.
Variance, Develonment Sfandard$: A specific approval granted by the Board of Zoning Appeals in the
manner prescribed by this Ordinance, to deviate from the development standards (such as height, bulk,
area) that the Ordinance otherwise prescribes.
Variety Store: A retail establishment that sells a multitude of consumer goods.
Vehicle: See Motor Vehicle
yard: A space on the same lot with a principal building that is open and unobstructed except as otherwise
authorized by this ordinance. All required yards shall be kept free of all material including but not limited
to, buildings, structures, material for sale, storage, advertising or display to attract attention and parking
lots.
~ See District
See Official Zoning Map
14-26
Jeffersonville Zoning Ordinance