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Home My WebLink About2019-OR-9 STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2019-OR- q AN ORDINANCE AMENDING THE CITY OF JEFFERSONVILLE ZONING ORDINANCE (2000-OR-61) APPROVING UPDATES TO THE NC (NEIGHBORHOOD COMMERCIAL) DEVELOPMENT STANDARDS AND PERMITTED AND SPECIAL EXCEPTION USES AS RECOMMENDED BY THE PLAN COMMISSION Whereas, the City of Jeffersonville, Planning and Zoning Department filed a petition before the Jeffersonville Plan Commission to amend the City of Jeffersonville Zoning Ordinance (2000-OR-61) as recommended in the staff report(a copy of which is attached as Exhibit "A"); and, Whereas, on February 26, 2019 the Jeffersonville Plan Commission certified its favorable recommendation of the enactment of this proposed amendment to the Zoning Ordinance (2000-OR-61) by ordinance of this Common Council; and, Whereas, this matter is now before the Common Council at its regular meeting after certification of the proposed changes to the Zoning Ordinance pursuant to the provisions of I.C. 36-7-4-608(f)(1); and, Whereas, this Common Council has timely posted notice of its intent to consider the proposed change of comprehensive plan at the regular meeting scheduled for March 4,2019; and, Whereas, all interested persons having been given an opportunity to appear before this Common Council and be heard regarding this matter as required by law. Now, THEREFORE, BE IT ORDAINED by the Common Council of the City of Jeffersonville, Indiana, that the City of Jeffersonville Zoning Ordinance(2000-OR-61) is hereby amended to update the Permitted Uses as follows: 1. To make updates to the NC (Neighborhood Commercial) Development Standards and Permitted and Special Exception Uses As recommended in the staff report (a copy of which is attached as Exhibit"A"). IT IS FURTHER ORDAINED that the City of Jeffersonville Zoning Ordinance (2000- OR-61) shall be amended to include such changes. ao/9-oR- 4 This ordinance shall be in full force and effect upon its adoption. SO ORDAINED this day of March, 2019. Common C c,uncil ofI e City of Jeffersonville, Indiana VOT / ' C VOTED AGAINST: td • �OL �� U4 1 ,I AALL V I OW AILA 114, 7-6114,11, E Zas at w P i ent nt Ar TLy ac Vicki Conlin City Clerk Presented to me as Clerk to the Mayor of said City of Jeffersonville this / 7f day of March, 2019. 1-2,4A- Vicki Conlin City Clerk This Ordinance approved and signed by me this d.1 of arch, 201 . lig Mike oore, Mayor Prepared by: Les Merkley Corporate Counsel STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN THE APPLICATION OF Jeffersonville Department of Planning & Zoning TO AMEND THE JEFFERSONVILLE ZONING ORDINANCE CERTIFICATION OF FAVORABLE RECOMMENDATION OF PROPOSED ORDINANCE REVISION Whereas, the Jeffersonville Department of Planning & Zoning filed a petition before the Jeffersonville Plan Commission to amend the City of Jeffersonville Zoning Ordinance (2000-OR-61), approving updates to the NC (Neighborhood Commercial) Development Standards and Permitted and Special Exception Uses as recommended in the staff report (a copy of which is attached as Exhibit "A"); and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on Feb, 26, 2019; and, Whereas, at the conclusion of the hearing the Jeffersonville Plan Commission voted by a majority vote of its entire membership to favorably recommend the proposed amendment to the Jeffersonville Common Council, IT IS THEREFORE CERTIFIED that on Feb. 26, 2019, the Jeffersonville Plan Commission favorably recommends that the Jeffersonville Common Council enact by ordinance the proposed Jeffersonville Zoning Ordinance amendment as requested in the petition of Jeffersonville Department of Planning & Zoning. So certified this 26th day of January, 2019. Chairman STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN THE APPLICATION OF Jeffersonville Department of Planning & Zoning TO AMEND THE JEFFERSONVILLE ZONING ORDINANCE CERTIFICATION OF FAVORABLE RECOMMENDATION OF PROPOSED ORDINANCE REVISION Whereas, the Jeffersonville Department of Planning & Zoning filed a petition before the Jeffersonville Plan Commission to amend the City of Jeffersonville Zoning Ordinance (2000-OR-61), approving updates to the NC (Neighborhood Commercial) Development Standards and Permitted and Special Exception Uses as recommended in the staff report (a copy of which is attached as Exhibit "A"); and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on Feb, 26, 2019; and, Whereas, at the conclusion of the hearing the Jeffersonville Plan Commission voted by a majority vote of its entire membership to favorably recommend the proposed amendment to the Jeffersonville Common Council, IT IS THEREFORE CERTIFIED that on Feb. 26, 2019, the Jeffersonville Plan Commission favorably recommends that the Jeffersonville Common Council enact by ordinance the proposed Jeffersonville Zoning Ordinance amendment as requested in the petition of Jeffersonville Department of Planning & Zoning. So certified this 26th day of January, 2019. Chairman CITY OF JEFFERSONVILLE DEPARTMENT OF LAW -t,Y Op. Les Merkley, Corporation Counsel/Director of Legal Affairs Ilk- H 812-285-6493 office � P W 812-285-6403 fax x �, \� / www.cityofeffnet � v �RS0 Jeffersonville City Hall 500 Quartermaster Court,Suite 250 Jeffersonville,Indiana 47130 BEFORE THE CITY COUNCIL OF JEFFERSONVILLE, INDIANA IN THE MATTER OF THE ORDINANCE AMENDING THE CITY OF JEFFERSONVILLE ZONING ORDINANCE(2000-OR-61)APPROVING UPDATES TO THE NC (NEIGHBORHOOD COMMERCIAL) DEVELOPMENT STANDARDS AND PERMITTED AND SPECIAL EXCEPTION USES AS RECOMMENDED BY THE PLAN COMMISSION IN THE STAFF REPORT NOTICE OF HEARING ON ORDINANCE AMENDING THE CITY OF JEFFERSONVILLE ZONING ORDINANCE (2000-OR-61)AS RECOMMENDED BY PLAN COMMISSION Notice is hereby given that the City of Jeffersonville, Planning and Zoning Department has filed an Ordinance with the Jeffersonville City Council, Jeffersonville, Indiana asking for an Amendment of the City of Jeffersonville Zoning Ordinance (2000- OR-61) as recommended by the Plan Commission in the staff report. A public hearing will be held on March 4, 2019 at 7:00 p.m. in the City Council Chambers, 15t floor, City Hall, 500 Quartermaster Court, Room 101, Jeffersonville, Indiana at which time and place all interested persons will be heard in reference to the matters set out in said ordinance. l >i›...4,,Alas' Les Merkley Corporation Counsel Jeffersonville City Hall 500 Quartermaster Court Jeffersonville, IN 47130 (812) 285-6423 An equal opportunity employer. 0i .. '° STAFF REPORT D� m y, Department of Planning & Zoning -- Plan Commission Case Number: ZO-19-03 (Neighborhood Commercial "NC" Update) Petitioner: City of Jeffersonville, Planning &Zoning Department Requests: Zoning Ordinance Amendment Hearing Date: February 26, 2019 Proposed Changes to the Jeffersonville Zoning Ordinance 1 The Planning & Zoning Department has recommended the following amendment to the City of Jeffersonville Zoning Ordinance. The update includes: 1. To amend the District intent as highlighted in exhibit A 2. To amend the Permitted Uses to add uses as highlighted in exhibit A 3. To amend the NC District Development Standards as follows a. Change Minimum Side Yard Setback to 5 feet (originally 12 feet) b. Change Maximum Lot Coverage to 75% (originally 70%) Neighborhood Commerical (NC) Update The update will amend Article 4.5 and Article 4.6. The NC zoning district provides an opportunity for small-scale businesses in older parts of the city that are a size/scale that is somewhere between the high-densities of Downtown Commercial and the lower densities and/or larger-scales) of Cl & C2. While there are, currently, only about 20 properties in the City that are zoned NC, there are a number of great candidates for this zoning classification along Tenth Street from Meigs Ave to Main Street and along Spring Street in the Claysburg Neighborhood. These properties generally contain older homes on small lots that have been converted to businesses and do not conform to their existing zoning (either Cl or C2). The changes proposed here are intended to enhance the possibilities for existing properties that are currently zoned NC, but also provide an opportunity for property/business owners along Tenth and Spring (as noted above) to opt into a zoning category that more acurately conforms to the size and scale of their existing properties/businesses. Following passage of this amendment, it is our intention to ask business owners in these areas if they would like to rezone their properties without charge. ZO-19-02 "NC" District 4.6 "NC" District Development Standards - Latwidth - Building Rear Envelope). Yard kJ;` ) Setback f Sae Lot 1 Yard i Area r Setback- i -� o --- gi Primer' 5Stnrdure C. U o Pliji s iE ) H— ke 7' i Prom Yard ! Coverage Pn ny ,__ ,, Setback Line i r / / \ ; t {�I----Lot Frontage ---I R.O.W. R O W R.O.W. I 1 ) f , . RO.W..As Oehbtl on ThOrOrphlMe Pisa ROW•As Cerned tt'Trorovcrfare P'ar - ROW:A;[.e"r„7 Go-eacughtani Pbn Minimum Lot Area: Minimum Front Yard Setback: Maximum Lot Coverage: •6,000 square feet •20 feet when adjacent to an Arterial •Square footage of all primary and Maximum Lot Area: •15 feet when adjacent to a Local Street accessory structures,and impervious •20,000 square feet Minimum Side Yard Setback: surface cannot exceed 75%of the Lot Minimum Lot Width: • 5 feet for the Primary and Accessory Area •60 feet Structures Minimum Main Floor Area: Maximum Lot Depth: Minimum Rear Yard Setback: •800 square feet for Primary Structures •2 times the Lot Width •12 feet for the Primary and Accessory Maximum Main Floor Area: Minimum Lot Frontage: Structures •7,000 square feet for Primary and •50 feet on a Public Street with access Accessory Structures combined from said Public Street or rear alley Sewer and Water: •Requires municipal water and sewer hookup Additional Development Standards that Apply Accessory Structures Lot,Yard,and Density(LY) Environmental(EN) Vision Clearance(VC) !' •LY-01 Page 7-3 •EN-01 Page 7-25 •VC-01...............Page 7-47 t; r a exe,p, Height(HT) Floodplain(FP) Telecommunication :°�°rPr •HT-01 Page 74 •FP-01 Page 7-27 Facilities(TC) /� U.T.M1CO am °'° •TC-01.. ... Pae 7-48 Accessory Structure(AS) Performance(PF) 9 i� I 1 •AS-01 . Page 7-5 •PF-01 Page 7-30 •TC-03 Page 7-51 _"rde�,ic,M10• Fences and Walls(FW) Lighting(LT) Special Exception(SE) II He,ght •FW-02 Page 7-8 •LT-01 Page 7-31 •5E-01...............Page 7-54 Temporary Uses(TU) General Signs(GS) Miscellaneous(MC) Flat Root Structures Gabs Roof Structures •TU-01 Page 7-9 •GS-01.........._..Page 7-32 •MC-02 Page 7-58 (from highest (from h,ghost gable roc() •TU-03. . Page 7-9 Temporary Signs(TS) •MC-04............. Page 7-58 section of flat roof) Public Improvement (PI) •TS-02... ........ Page 7-34 •MC-05 Page 7-58 •PI-01 Page 7-13 Permanent Signs(PS) •MC-06 Page 7-58 Maximum Structure Height: Landscaping(LA) •PS-03 . Page 7-35 •MC-07 ...Page 7-59 •28 feet for the Primary Structure •LA-01 ..Page 7-14 Parking(PK) •15 feet for Accessory Structures •LA-02 Page 7-15 •PK-06 Page 7-40 •LA-04 Page 7-18 •PK-07.............Page 7-41 Buffer Yard(BY) •PK-08 Page 7-43 •BY-01. .. .....Page 7-19 Loading(LD) Expressway Buffer(EB) •LD-01 ...............Page 7-44 •EB-01 Page 7-24 Entrances/Drives(ED) •ED-01...... Page -45 Article Four: Institutional and Commercial Zoning Districts 4.7 "NC" District 4.5 NC District Intent, Permitted Uses, and Special Exception Uses District Intent Permitted Uses Permitted Uses The"NC"(Neighborhood Business:Personal Service Miscellaneous Commercial)District is intended • Barber/Beauty Shop/Nail salon • Accessory Uses to provide a land use category for • Child Care(Day Care) • Home occupation#1 small-scale commercial uses that • Coin laundry • Home occupation#2 provide products and services to • Fitness Center/gym neighborhoods.The provisions • Health Spa that regulate this land use district • Pet care/grooming-no outdoor should promote appropriate kennels commercial uses that are clearly • Shoe Repair non-conflicting with ajacent • Tailor/Pressing Shop neighborhoods In Jeffersonville. Business:Office/Professional • Bank Machine/ATM Jeffersonville's Plan Commission • Architecture/Planning/Design Firm should strive to use this district • Contractor office(no outside storage) Special Exception Uses exclusively for small,existing lots • Insurance Office along important road coridors in • Investment Firm Residential older portions of the City. • Medical/Dental/Therapy Clinic • Boarding House(Owner occupied) • Photography Studio Institutional/Public Fadlities The Plan Commission and Board • Professional Office • Community Center of Zoning Appeals should strive • Real Estate Office • Government Office to exclude businesses from the • Library • Title Company "NC"district that are not family • Travel Agency • Police/Fire Station oriented or that have an adverse Business:Recreation • Post Office effect on the existing adjacent • Dance/Aerobics/Gymnastics studio • Public Park/Recreation Center neighborhoods. • Karate/Martial Arts Business:Office/Professional • Video Store(not adult entertaln't) • Drive Thru Bank/Credit Union Business:Retail • Drive Thru Bank Machine/ATM • Antique Shop Business:Personal Service Permitted Uses • Apparel Shop • Dry Cleaning Service(Drop off) u • Art Gallery • Dry Cleaning Service(Drive Thru) Residential(upper floors or rear of • Arts/Crafts Studio Communications/Utilities building only) • Boutique/Other small retail store • Telecommunications Facility • Dwelling,Single-family • Dwelling,Two-family • Consignment Store Business:Food Sales/Service ° Drug Store • Fabric Shop • Bakery,retail • Convienence Store(no gas) • Flower Shop • Gift Shop • Coffee Shop • Delicatessen • Jewelry Store • Music Store • Grocery(small specialty) • News Dealer/Bookstore(not adult • Ice Cream Shop entertainment) • Meat Market • Restaurant •Thrift Store Business:GeneralInstitutional/Public Facilities • Print shop/copy center • Church,Temple,or Mosque • Bed and Breakfast 4-10 Jeffersonville Zoning Ordinance