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HomeMy WebLinkAbout2024-OR-67 Ordinance for Text Amendment to the Unified Development Ordiance (UDO) for Updates to Article 3,4,6,7,10, and 12; Appendex A STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2024-OR- 6p AN ORDINANCE FOR TEXT AMENDMENTS TO THE UNIFIED DEVELOPMENT ORDINANCE FOR UPDATES TO ARTICLE 3, 4, 6, 7, 10 AND 12; APPENDIX A Whereas, The Jeffersonville Department of Planning and Zoning filed an application before the Jeffersonville Plan Commission for text amendments to the Unified Development Ordinance for Updates to Articles 3, 4, 6, 7, 10 and 12; Appendix A and, Whereas, on October 29,2024 the Jeffersonville Plan Commission held a public hearing on the application and at the conclusion of the hearing the Jeffersonville Plan Commission voted by a majority vote of its entire membership and have Favorable Recommendation on the updates to forward to the Jeffersonville Common Council; and, Whereas,this matter is now before the Common Council at its regular meeting after certification of the updates 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 text amendments to the Unified Development Ordinance for updates to Articles 3, 4, 6, 7, 10 and 12; Appendix A at the regular meeting scheduled for November 6, 2024; 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 Jeffersonville Unified Development Ordinance (2021-OR-36) is hereby amended approving the text amendments to the Unified Development Ordinance for updates to Articles 3, 4, 6, 7, 10 and 12; Appendix A. This ordinance shall be in full force and effect upon its adoption. SO ORDAINED this 6TH day of November, 2024. Common Council of the City of Jeffersonville, Indiana V TED F,� ' : VOTED AGAINST: . -,11( AQ,„& v Dustin White, President ATTEST: Lisa Gill City Clerk Prepared by: Les Merkley Corporate Counsel Article Three Zone Districts Al District (Agricultural) 3.2 Al District Intent, Permitted Uses, and Special Exception Uses District Intent Permitted Uses Special Exception Uses The"Al'(Agricultural Zone) District Agricultural Uses Agricultural Uses is intended as a "place holder"for • agricultural crop production • agritourism uses2 existing agricultural properties, rural • farmstead • commercial storage/processing of estates,and natural areas in the far • greenhouse(non-commercial) agricultural products northwest portion of Jeffersonville. • nursery/tree farm Commercial:General The Al district allows for continued • orchard/vineyard • barber/beauty salon/nails3 agricultural production in this district • raising of farm animals' • kennel, commercial as well as a few other agriculturally • sale of agricultural products Commercial: Recreation/Fitness related uses. • stable,commercial • campground Commercial: Recreation/Fitness • golf course/country club The Plan Commission and Board • nature center/preserve • gun club,skeet shoot, paintball,or of Zoning Appeals should strive to balance the needs of property Institutional Uses target range • church,temple,or mosque • outdoor entertainment venue owners in this district with that of public park encroaching development. • Communications/Utilities • public rec center/pool • electrical generation Residential • public well • bed and breakfast • telecommunications facility • child care/day care(owner occ.) Institutional uses • dwelling-accessory dwelling unit • cemetery/mausoleum • dwelling-single family Miscellaneous Uses • short-term rental (See Article 8.10) • accessory Uses Miscellaneous Uses • child care/day care:owner occupied • home occupation#1 • home occupation#2 Additional Notes: 1. Subject to non-commercial Livestock standards in Article 7 2. See definition in Article 12 3. If performed as a home occupation 3-6 Jeffersonville Unified Development Ordinance Cl District (Commercial - Medium Scale) �ci 3.4 Cl District Intent, Permitted Uses, and Special Exception Uses District intent Permitted Uses Special Exception Uses The"C1"(Commercial-Medium Commercial:General Commercial:Auto&Vehicle Scale) District is intended to provide • artisan studio/artisan center • auto body repair shop a land use category for most small • barber/hair salon/nails/tanning,etc. • auto repair, major1 scale general business uses.This • bank/credit union/ATM3 • auto rental district can be used adjacent to all • building/landscape/civil contractor • auto sales(open air;limited or no commercial, industrial,and multi- (no outdoor storage) services) family residential districts.Adequate • coin laundry • auto wash buffering should be provided where • child care center/day care • parking lot.stand alone located adjacent to any single family • clothing alterations/shoe repair • small engine repair residential district. • dry cleaning service Commercial:Food Sales/Service A number of residential uses have • health spa • convenience store with gas pumps been listed as a special exception • hotel or motel Commercial:General in the C1 district and may be used • medical/dental/physical therapy/ • building/landscape/civil contractor to create mixed use commercial chiropractor office (with outdoor storage) and residential districts within the • pet care/grooming(no outdoor • funeral home/mortuary city and/or help rejuvenate aging kennels) • retail 3(with outdoor product sales) commercial corridors. • photography studio • sign fabrication • professional officer • storage:indoor6 The Plan Commission and Board • print shop/copy center Commercial:Recreation/Fitness of Zoning Appeals should not • retail 1,4,or 51 • marina encourage"strip development," • temporary service agency • outdoor entertainment venue rather development in clusters that • tattoo studio/piercing shop Communications/Utilities share resources and minimize the • temporary service agency • public well cost of public utilities and services. • veterinarian office/hospital • telecommunication facility The Plan Commission and Board of Commercial:Recreation/Fitness Institutional al shouldInstitutional/public facilities Zoning Appeals also strive to minimize lighting,parking lots • banquet hall/event space • church/temple/mosque,etc. • bar/night club/cigar bar4 • substance abuse treatment- fronting major streets,and traffic • cross fit/training center outpatient(counseling only)? conflicts in the C1 District. • dance/aerobics/gymnastics/martial • government offices arts studio • library • fitness center/gym • post office • fraternal organization/lodge/private Residential uses5 Permitted Uses club • assisted living facility • indoor entertainment venue1.4 • co-housing community Commercial:Auto&Vehicle • theater, indoor4 • dwelling:duplex • auto accessory installation Institutional/Public Facilities • dwelling:multi-family 3-4 units • auto repair, minor' • school,higher ed.-single facility • dwelling: multi-family 5-6 units • auto parts sales Miscellaneous • dwelling: multi-family 7-12 units Commercial:Food Sales/Service • accessory uses • dwelling: multi-family> 12 units • butcher shop/meat market • child care/day care:owner occupied • dwelling:single family • convenience store without gas pumps • nursing home • drive thru/drive in restaurant • senior living/retirement community • food service:small scaler • food hall/farmers market1 • grocery store Additional Notes: • micro-brew/distillery(ltd production)2 1. See definition(s)in Article 12 • restaurant pub 2. Production area limited to 2,000 square feet 3. With or without drive-thru 4. Not adult entertainment uses 5. Residential uses shall have an average minimum floor area of 800 square feet per unit,with 400 square feet the absolute minimum 6. Less than 40%of building and not located on street front 7. See Article 8.10 for addtional standards. 3-8 Jeffersonville Unified Development Ordinance C2 District (Commercial - Large Scale) �cJ 3.6 C2 District Intent, Permitted Uses, and Special Exception Uses District Intent Permitted Uses Special Exception Uses The"CT(Commercial-Large Scale) Commercial:General Commercial:Auto&Vehicle District is intended to provide a land • artisan studio/artisan center • auto body repair shop use category for most large scale • barber/hair salon/nails/tanning • auto repair, major1 general business uses.This district • bank/credit union/ATM3 • auto rental can be used adjacent to all other • building/landscape/civil contractor4 • auto sales(limited or no services) commercial, industrial,and multi- • coin laundry • auto sales(with showroom and/or family residential districts.Adequate • child care center/day care full services) buffering should be provided where • clothing alterations/shoe repair • auto wash located adjacent to any single family • dry cleaning service • parking lot.stand alone residential district. • health spa • small engine repair Uses within the C2 district also • hotel or motel Commercial:Food Sales/Service include some multi family uses that • medical/dental/physical therapy/ • convenience store with gas pumps may be used to create mixed use chiropractor office Commercial:General commercial and residential districts • pet care/grooming/vet.clinic • building/landscape/civil contractor within the city and/or help rejuvenate • photography studio (with outdoor storage) aging commercial corridors. • print shop/copy center • funeral home/mortuary • professional officer • kennel;commercial The Plan Commission and Board • retail 1,2,3,4 or 51 • sign fabrication of Zoning Appeals should not • tattoo studio/piercing shop • storage:indoor6 encourage"strip development," • temporary service agency Commercial:Recreation/Fitness rather development in clusters that • veterinarian office/hospital • marina share resources and minimize the Commercial:Recreation/Fitness • outdoor entertainment venue1.5 cost of public utilities and services. • banquet hall/event space • theater,outdoor The Plan Commission and Board of • bar/night club/cigar bar6 Communications/Utilities Zoning Appeals should also strive • dance/aerobics/gymnastics/ • to minimize lighting, un-landscaped / / publico V station g, p martial arts studio • radio/TV station large parking lots,parking lots • fitness center/gym • telecommunication facility fronting major streets,and traffic • fraternal organization/lodge/private institutional/public facilities conflicts in the C2 District. club • church/temple/mosque,etc. • indoor entertainment venue1.5 • substance abuse treatment- • theater, indoors outpatient(counseling only)? Institutional/Public Facilities • government offices Permitted Uses • convention/business center • library • hospital • post office Commercial:Auto&Vehicle • school,higher ed.-single facility Residential uses • auto accessory installation Residential Uses • co-housing community • auto repair, minors • assisted living facility • dwelling:duplex • auto parts sales • nursing home • dwelling: multi-family 3-4 units Commercial:Food Sales/Service Miscellaneous • dwelling: multi-family 5-6 units • butcher shop/meat market • accessory uses • dwelling: multi-family 7-12 units • convenience store without gas pumps • child care/day care:owner • dwelling: multi-family> 12 units • drive thru/drive in restaurant occupied • dwelling:single-family • food service:small scaler • Senior living/retirement community • food service:small scale(w/drive thru) Additional Notes: • food/farmers market(food hall) 1. See definition(s)in Article 12 • grocery store 2. Production area limited to 2,000 square feet • microbrew/distillery(ltd production)2 3. With or without drive-thru • restaurant/pub 4. No outdoor storage 5. Not adult entertainment uses 6. Less than 40%of building and not located on street front. 7. See article 8.10 for addtional standards. 3-10 Jeffersonville Unified Development Ordinance CD District (Commercial - Downtown) cD 3.8 CD District Intent, Permitted Uses, and Special Exception Uses District intent Permitted Uses Special Exception Uses The"CD"(Commercial-Downtown) Commercial:General(cont.) Commercial: Food Sales/Service District is intended to provide a land • medical/dental/physical therapy/ • convenience store without gas use category for normal commercial chiropractor office pumps uses and associated activities in • photography studio Commercial:General the Downtown.The provisions that • print shop/copy center • drive thru bank/credit union regulate this land use district should • professional office1 • drive thru bank machine/ATM make the district compatible with the • retail-1(small scale)1 • coin laundry R4, M1 and M2 residential districts, • tattoo studio/piercing shop • dry cleaning service and other small-scale commercial • temporary service agency • funeral home/mortuary districts. Commercial:Recreation/Fitness • pet care/grooming(no outdoor A number of residential uses have • bar/night club/cigar bar kennels) been listed as a special exception in • cross fit/training center • retail-2(large scale)1 the CD district and may be used to • dance/aerobics/gymnastics/martial • retail-5(used goods)1 create a greater mix of commercial arts studio • veterinarian office/hospital and residential uses in the • fitness center/gym Commercial: Recreation/Fitness Downtown. • fraternal org./lodge/private club • banquet hall/event space • indoor entertainment venues • theater,outdoor(no adult ent.) Jeffersonville's Plan Commission • theater, indoor4 should only use this district in the Commercial: Retail Institutional/Public Facilities • consignment store historic downtown area and its • convention/business center immediate surroundings.They should Communications/Utilities strive to minimize parking lots in front • library • telecommunications facility(other • museum than micro-cellular) of or between buildings and ensure • post office Institutional Public Facilities that development and encourage / high quality design that enhances the • school,higher ed single facility • church,temple,or mosque Residential Uses • communitycenter pedestrian experience in Downtown Jeffersonville. • bed and breakfast • government office • dwelling, multi-family-duplex5 • police/fire station Petitions in the CD district may be • dwelling,multi-family-3-4 units5 • public park subject to the Jeffersonville Historic • dwelling,multi-family-5-6 units5 • public recreation center/pool District Ordinance and its guidelines. • dwelling,multi-family-7-12 units5 • parking lot(public or private) • dwelling,multi-family->12 units5 • school,higher education-single • dwelling:single family5 facility • short-term rental LSee Article 8.10) • substance abuse treatment- Permitted Uses Miscellaneous Uses outpatient(counseling only)? • accessory uses Residential Uses Commercial:Food Sales/Service • child care/day care:owner occupied • dwelling:accessory dwelling units • butcher shop/meat market • home occupation#1 • assisted living facility • food service:small scale • home occupation#2 • boarding house(owner occupied) • food/farmers market(food hall) • senior living/retirement community • grocery store (not assisted living/nursing home) • microbrew/distillery(ltd production)2 • restaurant/pub Commercial:General • artisan studio/artisan center Additional Notes: • barber/beauty salon/nails/tanning 1. See definition in Article 12 • bank/credit union/ATM3 2. Production area limited to 2,000 square feet • child care center(day care) 3. Without drive thru • clothing alterations/shoe repair 4. Not adult entertainment • health spa 5. Permitted on upper floors only, may be permitted on ground level with special • hotel exception approval from the BZA 6. See Article 8.2 for additional standards. 7. See Article 8.11 for addtional standards. 3-12 Jeffersonville Unified Development Ordinance CH District (Commercial - Highway) CHI 3.10 CH District Intent, Permitted Uses, and Special Exception Uses District Intent Permitted Uses Special Exception Uses The"CH"(Commercial-Highway) Commercial:Auto Sales Service Commercial:Auto Sales/Services District is intended to provide a • auto accessory installation • auto body repair land use category for the special • auto repair, minor' • auto repair, major' type of commercial activity that • auto parts sales • parking lot.stand akone locates around interchange areas. • auto rental • truck stop/filling station This district should be used around • auto sales:limited or no services Communications/Utilities Interstate 65(1-65)and Interstate • auto sales:w/showroom and/or • telecommunications facility(other 265(1-265) interchange areas. full service than micro-cellular) Jeffersonville's Plan Commission • auto wash Institutional/Public Facilities and Board of Zoning Appeals should • auto mechanical repair • church,temple, or mosque strive to use this district to minimize • boat sales and service lighting, parking lots fronting major • recreational vehicle sales&service roadways, hazardous traffic patterns, • filling/gas station traffic conflicts,and excessive use of • oil change service signs. Commercial: Food Sales/Service The use of access roads/frontage • convenience store with or without roads should be required for all gas pumps commercial uses in this district. Road • drive-thru/drive-in restaurant cuts onto existing arterial or collector • food service,small scaler roads shall be restricted. • food service,small scale with drive thru • restaurant/pub Commercial:General • barber/hair salon/nails/tanning • bank/credit union/ATM • bank/credit union/ATM with drive thru • hotel • motel • photography studio • professional office • retail-1(small scale)' • retail-3(w/outdoor product sales)' • retail-4(w/drive-thru service)' Commercial:Recreation/Fitness • indoor entertainment venue' • outdoor entertainment venue' Institutional/Public Facilities • convention/business center Miscellaneous Uses • accessory Uses Additional Notes: 1. See definition in Article 12 3-14 Jeffersonville Unified Development Ordinance CN District (Commercial - Neighborhood Scale) cN 3.12 CN District Intent, Permitted Uses, and Special Exception Uses District Intent Permitted Uses Special Exception Uses The"CN" (Commercial- Commercial: Food Sales/Service Commercial:General Neighborhood Scale) District is • butcher shop/meat market • dry cleaning service intended to provide a land use • convenience store without gas Communications/Utilities category for small-scale commercial pumps • Telecommunications Facility uses that provide products and • food service:small scalel•2 Institutional/Public Facilities services to neighborhoods.The • grocery store • church,temple,or mosque provisions that regulate this land use • restaurant/pub2 • government offices district should promote appropriate Commercial:General • library commercial uses that are clearly • artisan studio/artisan center • Police/Fire Station non-conflicting with adjacent • barber/hair salon/nails/tanning • Post Office neighborhoods in Jeffersonville. • building/landscape/civil contractor2 Residential Jeffersonville's Plan Commission • coin laundry • boarding house(owner-occupied) should strive to use this district • child care center(day care) • dwelling: accessory dwelling unit4 exclusively for small,existing lots • clothing alterations/shoe repair along important road corridors in • health spa older portions of the City. • medical/dental/physical therapy/ chiropractor office The Plan Commission and Board • pet care/grooming/vet clinic3 of Zoning Appeals should strive to • photography studio exclude businesses from the"CN" • print shop/copy center district that are not family oriented • professional office or that have an adverse effect on the • retail-1(small scale)1 existing adjacent neighborhoods. • retail 5(used goods)12 Business: Recreation/Fitness • dance/aerobics/gymnastics/ martial arts studio • fitness center/gym Residential • bed and breakfast • dwelling: multi-family-duplex • dwelling:single family • short-term rental(See Article 8.10) Miscellaneous Uses • accessory Uses • child care/day care:owner occupied • home occupation#1 • home occupation#2 Additional Notes: 1. See definition in Article 12 2. Limited to 1,500 SF-Special exception where greater 3. No outdoor kennels 4. See Article 8.3 for additional standards. 3-16 Jeffersonville Unified Development Ordinance CO District (Commercial - Office Only) co 3.14 CO District Intent, Permitted Uses, and Special Exception Uses District Intent Permitted Uses Special Exception Uses The"CO" (Commercial-Office Only) Commercial:General Commercial:General District is intended to provide a land • barber/hair salon/nails/tanning • bank/credit union/ATM (w/drive use category for small-scale, low- • bank/credit union/ATM thru) impact commercial uses that provide • child care center(day care) • building/landscape/civil services to neighborhoods.The • clothing alterations/shoe repair contractor2 provisions that regulate this land use • health spa • child care center(day care) district should promote appropriate • medical/dental/physical therapy/ • pet care/grooming/vet clinic3 commercial uses that are clearly chiropractor office Business: Recreation/Fitness non-conflicting with adjacent • photography studio • fitness center/gym neighborhoods in Jeffersonville. • professional office Communications/Utilities Jeffersonville's Plan Commission Residential • Telecommunications Facility should strive to use this district • dwelling:single family Institutional/Public Facilities exclusively for existing lots along • short term rental (See Article$.10) • church,temple,or mosque road corridors in the City. Miscellaneous Uses Residential • accessory Uses • accessorydwelling Plan Commission and Boarddwelling: • child care/day care:owner occupied unit4 of Zoning Appeals should strive to • home occupation#1 exclude businesses from the"CO" • home occupation#2 district that are not family oriented or that have an adverse effect on the existing adjacent neighborhoods. Additional Notes: 1. See definition in Article 12 2. No outdoor storage 3. No outdoor kennels 4. See Article 8.3 for additional standards. 3-18 Jeffersonville Unified Development Ordinance II District (Business Park/Light Industrial) , ) 3.16 11 District Intent, Permitted Uses, and Special Exception Uses District Intent Permitted Uses Special Exception Uses The"11"(Business Park/Light • commercial truck sales Agricultural Uses/Service Industrial)District is intended to • filling/gas station(accessory)2 • comm.storage/processing of provide a land use category for most • recreational vehicle sales/service agricultural products low to moderate impact business • small engine repair Commercial:Auto Sales/Services park and light industrial facilities. Commercial:Food Sales/Services • motor bus station This district can by used adjacent to • Microbrewery/Microdistillery • parking lot.stand alone all other commercial districts,and Commercial:General Commercial:General the M1 and M2 residential districts. • bldg./landscape/civil contractor 3 • storage;outdoors Jeffersonville's Plan Commission • kennel,commercial Communications/Utilities should strive to use this district to • mini-storage facility • electrical generation develop a contiguous area,or cluster • sign fabrication • pipeline pumping station for commerce and job creation. • storage: indoor • public well The Plan Commission should not Commercial:Recreation/Fitness • radio/tv station use this district for"spot zoning." • cross fit/training center • recycling center(public) The Plan Commission and Board Communications/Utilities • telecommunication facility of Zoning Appeals should strive • internet server facility • utility substation to minimize lighting,parking lots • utility maintenance yard Industrial Uses fronting major streets,excessive use industrial Uses • bottled gas storage/distribution of signs,and traffic conflicts in the 11 • flex space • industrial storages District. • manufacturing:light Institutional/Public Facilities • offices(associated with mfg facility) • church,temple,mosque,etc. Buffering should be strictly upheld • research center/laboratories • police/fire station and outdoor storage discouraged. • trade shop(s) • public recreation center/pool • warehouse/distribution/wholesale • substance abuse treatment- Institutional/Public Facilities outpatients • public park • school,higher ed.-single facility • school, higher ed.-single facility • substance abuse treatment- outpatient(counseling only)6 Miscellaneous • accessory uses Permitted Uses Agricultural Uses/Service • farm equipment sales/service Commercial:Auto Sales/Services • auto accessory installation • auto body repair shop • auto repair,majors • auto repair,minor1 • auto parts sales • auto rental Additional Notes: • auto sales;limited or no services 1. See definition in Article 12 • auto sales;with showroom and/or 2. Only where accessory to another approved use in this district full services 3. With or without outdoor storage • auto wash 4. Enclosed with privacy fence • auto/truck/bus storage-no sales 5. Not accessory to another use • boat sales and service 6. See Article 8.10 for addtional standards. 3-20 Jeffersonville Unified Development Ordinance 12 District (Industrial Park/Heavy Industrial) ��2; 3.18 12 District Intent, Permitted Uses, and Special Exception Uses District Intent Permitted Uses Special Exception Uses The"12"(Industrial Park/Heavy • auto/truck/bus storage-no sales Agricultural Uses/Services Industrial) District is intended to • boat sales and service • processing agricultural products provide a land use category for most • commercial truck sales Commercial:Auto Sales/Services moderate to high impact industrial • filling/gas station(accessory)2 • auto impound facility park and heavy industrial facilities. • parking lot.stand alone Commercial:General This district can be used adjacent to • motor bus station • adult entertainment/adult retails the C2, 11,and Al zoning districts • recreational vehicle sales/service • storage;outdoors where there are few negative effects • small engine repair Communications/Utilities on the built environment. Commercial:Food Sales/Services • electrical generation The Plan Commission should be very • Microbrewery/Microdistillery • pipeline pumping station careful when allowing this district. Commercial:General • public well Environmental concerns,public • bldg./landscape/civil contractor 3 radio/tv station safety, public welfare,and protection • kennel,commercial • recycling center(public) from all forms of pollution should be • mini-storage facility • storage tanks(non-hazardous) the highest priority when considering • sign fabrication • telecommunication facility a proposed rezoning. • storage:indoor • utility substation The Plan Commission and Board of Commercial:Recreation/Fitness Industrial Uses • cross fit/training center Zoning Appeals should also strive Communications/Utilities • concrete processing/shipping to minimize lighting,parking lots • incinerator • Internet server facility fronting major streets,excessive use • industrial storages of signs,and traffic conflicts in the 12 ' utility maintenance yard • liquid fertilizer storage/distribution District. Industrial Uses • material extraction(quarry/sand/ • bottled gas storage/distribution gravel pit) Buffer yards should be strictly upheld • flex space • recycling center(private) and outdoor storage discouraged. • manufacturing:light • salvage yard • manufacturing: heavy Institutional/Public Facilities • offices(associated with mfg facility) • church,temple,mosque,etc. • research center/laboratories • police/fire station • trade shop(s) • public recreation center/pool • warehouse/distribution/wholesale • substance abuse treatment- Institutional/Public Facilities outpatients • Public park • school, higher ed.-single facility • school,higher ed.-single facility Permitted Uses • substance abuse treatment- outpatient(counseling only)6 Agricultural Uses/Service Miscellaneous • comm.storage/processing of • accessory uses agricultural products • farm equipment sales/service Commercial:Auto Sales/Services • auto accessory installation • auto body repair shop • auto repair,major1 • auto repair,minors Additional Notes: • auto parts sales 1. See definition in Article 12 • auto rental 2. Only where accessory to another approved use in this district • auto sales; limited or no services 3. With or without outdoor storage • auto sales;with showroom and/or 4. Enclosed with privacy fence full services 5. Not accessory to another use • auto wash 6. See Article 8.10 for additional standards. 3-22 Jeffersonville Unified Development Ordinance M1 District (Multi-Family - Small Scale) F,mi 3.24 M1 District Intent, Permitted Uses, and Special Exception Uses District Intent Permitted Uses Special Exception Uses The M1(Multi-Family-Small Scale) Residential Communications/Utilities District is intended to provide a land • child care/day care(owner • telecommunications facility(other use category for small-scale multi- occupied) than microcellular) family residential development. • dwelling:duplex Institutional/Public Facilities Such developments should consist • dwelling: multi-family-3 to 4 units • church,temple,or mosque of no more than four dwelling units • dwelling:single family Residential Uses in a single building on an individual • dwelling:single family,attached' • bed and breakfast lot. • residential clubhouse/community • co-housing community The M1 district is applicable to new room2 • dwelling: multi family 5-6 units3 and existing developments.The zone • residential facility for Miscellaneous Uses district may be used for a single, developmentally disabled/mentally • home occupation #2 isolated lot, but it may also be ill (4 bedrooms or less) used to create larger developments • senior living/retirement comprised of similarly small lots. community2 • short-term rental(See Article 8.10) Where small isolated projects occur Miscellaneous Uses (e.g. a new duplex in an existing • child care/day care:owner occupied residential neighborhood)the Plan • home occupation#1 Commission should strive to ensure that development is generally compatible with the surrounding properties. Where M1 subdivisions are created, Jeffersonville's Plan Commission and Board of Zoning Appeals should exercise greater caution in order to protect the quality of life of adjacent property owners. Additional Notes: 1. 200' maximum building length for all attached units, refer to Article 6 for subdivision of lots 2. Only where a multiple-lot M1 subdivision is created. 3. Shall only be granted for a single stand alone property(e.g. a large home in the downtown converted into smaller units) 3-28 Jeffersonville Unified Development Ordinance M2 District (Multi-Family - Medium Scale) 3.26 M2 District Intent, Permitted Uses, and Special Exception Uses District Intent Permitted Uses Special Exception Uses The M2 (Multi-Family- Medium Residential Communications/Utilities Scale) District is intended to provide • co-housing community • telecommunications facility(other a land use category for medium- • dwelling:duplex than microcellular) scale multi-family apartment, • dwelling: multi-family-3 to 4 units Institutional/Public Facilities townhouse, or condominium • dwelling: multi-family-5 to 6 units • church,temple,or mosque developments.Such developments • dwelling: multi-family-7 to 12 units Residential generally consist of a number of • dwelling:single family • assisted living facility medium-scale buildings with no more • dwelling:single family,attached' • dwelling: multi-family(>12 units)3 than 12 units in a single building and • residential clubhouse/community • nursing home no more than 100 units in a single room • residential facility for development. • senior living/retirement developmentally disabled/mentally The Jeffersonville's Plan Commission community2 ill (4 bedrooms or less) and Board of Zoning Appeals should • short-term rental (See Article 8.10) strive to integrate this district near Miscellaneous Uses other commercial districts and • child care/day care:owner occupied exercise greater sensitivity where • borne occupation#1 this district is adjacent to other residential districts.This district should also be within close proximity to parks and open spaces that serve the residents. Additional Notes: 1. 320' maximum building length for all attached units, refer to M1 standards in Article 6 for subdivision of lots 2. Not assisted living or nursing home 3. This may be acceptable where only a single building is proposed and there are less than 25 units 3-30 Jeffersonville Unified Development Ordinance M3 District (Multi-Family - Large Scale) M3 3.28 M3 District Intent, Permitted Uses, and Special Exception Uses District Intent Permitted Uses Special Exception Uses The M3(Multi-Family-Large Scale) Residential Communications/Utilities District is intended to provide a • assisted living facility • telecommunications facility(other land use category for large-scale • co-housing community than microcellular multi-family apartment,townhouse, • dwelling:duplex Residential or condominium developments • dwelling: multi-family-3 to 4 units • child care institution(children's with over 100 dwelling units.Such • dwelling: multi-family-5 to 6 units home) developments may consist of one • dwelling: multi-family- >12 units • residential facility for very large building or be divided • dwelling:single family developmentally disabled/mentally among smaller buildings on site. • dwelling:single family,attached1 ill (more than 4 units) The Jeffersonville's Plan Commission • nursing home Institutional/Public Facilities and Board of Zoning Appeals should • residential clubhouse/community • church,temple,or mosque strive to integrate this district near room other commercial districts and • senior living/retirement community exercise greater sensitivity where • short-term rental(See Article 8.10) this district is adjacent to other Miscellaneous Uses residential districts.Given the scale • child care/day care:owner occupied of projects in this district it should • home occupation #1 only be utilized on or near major arterial streets or in areas with a robust local street network to distribute traffic.This district should also be within close proximity to parks and open spaces that serve the residents. Additional Notes: 1. 320' maximum building length for all attached units; refer to M1 standards in Article 6 for subdivision of lots 3-32 Jeffersonville Unified Development Ordinance MP District (Mobile Home Park) KM 3.30 MP District Intent, Permitted Uses, and Special Exception Uses District Intent Permitted Uses Special Exception Uses The MP(Mobile Home Park) Residential Institutional/Public Facilities District is intended to provide a • dwelling:single family • church,temple, mosque land use category housing districts, • manufactured/mobile home park • public park typically mobile or manufactured • residential clubhouse/community • public recreation center/pool home parks,where dwelling sites room Residential are leased. Manufactured home • short-term rental See Article 8.10) • co-housing community or mobile home parks shall be Miscellaneous Uses • residential facility for in accordance with IC 16-41-27 • child care/day care: owner developmentally disabled/mentally et.seq., rule 410 RC 6-6 and occupied2 ill (less than 4 units) their subsequent amendments. • home occupation#12 Miscellaneous Uses Additionally all developments in • home occupation#22 this district are subject to the State Board of Health requirements and the requirements of this ordinance. This district should be within close proximity to parks,open space,and commercial/retail services where possible.The Plan Commission should strive to avoid locating this district near conflicting land uses. Additional Notes: 1. Manufactured or Mobile Home Parks must be in accordance with Rule 410 IAC 6-6 and its subsequent amendments,the State Board of Health requirements, and the requirements of this Ordinance. 2. Only with permission of the owner/manager of the mobile home park 3-34 Jeffersonville Unified Development Ordinance NS District (Institutional Uses) �Ns. 3.32 NS District Intent, Permitted Uses, and Special Exception Uses District Intent Permitted Uses Special Exception Uses The"NS"(Institutional Uses) District Commercial:General Business Commercial:Auto Sales/Services is intended to provide a land use • child care center(day care) • automobile/truck storage/bus category for institutionally owned • funeral home/mortuary (open air)-no sales lands, including state,county,and Commercial: Recreation/Fitness • filling/gas station' city facilities.The NS district is also • ball fields • motor bus station intended for social service oriented • fraternal organization/lodge/ Commercial:Recreation/Fitness uses,and similar non-profit or quasi- private club • banquet hall/event space public institutions where the use is Institutional/Public Facilities Communication/Utilities for public purpose and is anticipated • church,temple or mosque • public wells to remain so permanently. • community center/senior center • sewage treatment plant The Plan Commission and Board of • government building • telecommunications facility(other Zoning Appeals should encourage • government offices than microcellular) institutional structures and uses • library • utility substation to set a standard for development • museum Institutional/Public Facilities throughout the planning jurisdiction. • police/fire station • cemetery/mausoleum/ • post office crematorium • public park • hospital • public recreation center/pool • school, higher education-single • school,elementary/secondary facility • school, higher education-campus • substance abuse treatment- • substance abuse treatment- inpatient2 outpatient(counseling only)2 • substance abuse treatment- Residential outpatient2 • dwelling single-family Residential • short-term rental(See Article 8.10) • assisted living facility • child care institution(children's home) • nursing home • residential facility for developmentally disabled/ mentally ill (less than 4 units) • residential facility for developmentally disabled/ mentally ill (more than 4 units) Additional Notes: 1. Only where accessory to another use listed on this table;otherwise see convenience store with gas pumps. 2. See Article 8.10 for additional standards. 3-36 Jeffersonville Unified Development Ordinance PR District (Parks and Recreation) PR, 3.34 PR District Intent, Permitted Uses, and Special Exception Uses District Intent Permitted Uses Special Exception Uses The"PR" (Parks and Recreation) Commercial: Recreation/Fitness Commercial:Auto Sales/Services District is intended to provide a land • ball fields • parking lot,stand alone use category for parks,open space, • community swimming pool Commercial:Recreation/Fitness playgrounds,sports fields and other • golf course/country club • banquet hall/event space recreational areas/uses. • nature center/preserve • campground This zoning district may exist as a • public docks/boat landing • marina stand alone use in any residential, • skating rink • outdoor entertainment venue commercial, or industrial area. Institutional/Public Facilities • theater,outdoor(no adult Ideally,the land use can make • public park entertainment) an excellent buffer between • public recreation center/pool Communication/Utilities higher-intensity commercial and/ • telecommunication facility(other or industrial uses and adjacent than microcellular) residential districts. Institutional/Public Facilities The Plan Commission and Board • cemetery/crematorium/ mausoleum of Zoning Appeals should strive • church/temple, mosque to minimize lighting, noise,and other potential harmful effects • community center/senior center • museum of recreational uses on adjacent • school,elementary/secondary residential uses. In addition, • school, higher education-single environmentally sensitive use of facility land should be encouraged. Additional Notes: 3-38 Jeffersonville Unified Development Ordinance R1 District (Single Family Residential - Large Lot) (R1' 3.36 R1 District Intent, Permitted Uses, and Special Exception Uses District Intent Permitted Uses Special Exception Uses The R1(Single Family Residential Residential Commercial: Recreation/Fitness -Large Lot) District is intended to • child care/day care(owner- • golf course/country club provide a land use category for occupied) Communications/Utilities single family homes on large lots. • dwelling:single family • public well The provisions that regulate this • residential facility for • telecommunications facility(other land use district should protect, developmentally disabled/ than microcellular) promote and maintain existing mentally ill(less than 4 units) Institutional/Public Facilities residential areas in the City of • short-term rental_(See Article 8.10J • church,temple, mosque Jeffersonville and may also be used Institutional/Public Facilities • public recreation center/pool for future housing growth. • public park Residential The Jeffersonville's Plan Miscellaneous Uses • dwelling:accessory dwelling units1 Commission and Board of Zoning • child care/day care:owner occupied • residential clubhouse/community Appeals should strive to protect this • home occupation#1 rooms district from conflicting land-uses Institutional/Public Facilities such as industrial and large-scale • church,temple,or mosque commercial uses as well as non- • public recreational center family oriented businesses. Residential Article 6 of this ordinance includes • dwelling:single family,attached2 additional options and incentives Miscellaneous Uses for the development of subdivisions • home occupation#2 that preserve natural open spaces, floodplains,etc.that exist on site and/or dedicate and construct public park facilities. Additional Notes: 1. See Article 8.3 for additional standards. 2. 200 foot maximum building length for all attached units 3-40 Jeffersonville Unified Development Ordinance R1 District (Single Family Residential - Large Lot) Rif 3.37 R1 District Development Standards Lot Dimensions Setbacks Other Requirements Lot Width - (Rear Yard i Setback C9 Accessory 0 6 Lot ' ✓� Side IP Primary Area Yard OWStructure ° Setback 71 m I ids Property Line T" Lot Coverage Building Front Yard Envelope Setback I— Lot Frontage H R.O.W. R.O.W. R.O.W. R.O.W.=As Defined on Thom ghftas Plan R.O.W.=As Defined on Thoroughfare Plan R.O.W.=As Defined on Thoroughfare Plan Minimum Lot Area: Minimum Front Yard Setback:' Maximum Lot Coverage • 9,000 Square feet • 30 ft.when adjacent to an arterial • 40%of the lot area Minimum Lot Width: • 25 ft.when adj.to a local street2 Minimum Residential Unit Size • 60 feed Minimum Side Yard Setback: • 1,200 square feet Minimum Lot Frontage: • 7 ft.for the Primary Structure3 Minimum Structure Width • 25 feet • 5 ft.for an Accessory Structure • 22 feet for at least 60%of its length. Minimum Rear Yard Setback: Maximum Primary Structures • 20 ft.for the Primary Structure • 1 Primary Structure • 5 ft.for an Accessory Structure Height Miscellaneous Notes: 1. In an established subdivision the front setback shall be the average of Accessory Structures the adjacent homes, the build line of the property's approved plat, or the zoning district's front yard setback at the discretion of the Zoning •tower mechanical is exempt chimneys are Administrator: a 25%reduction may be taken on one face of a corner lot exempt 2. At corner lots on local streets,the front setback may be reduced to 20 feet shed Building 3. On wedge shaped lots along a road curve or at the end of a cul-de-sac, Height the setback may be reduced to a minimum of 5 feet so long as the Flat Roof Structures Gable Roof Structures average setback is greater than 7 feet. (from highest (from highest gable roof) 4. Where larger structures are allowed per Article 7 the maximum height section of flat roof) may be increased to 20 feet. Maximum Structure Height: • Primary Structure:35 feet • Accessory Structure: 18 feet4 See Article 6 for subdivision regulations See Article 7 for additional development standards See Article 8 for additional use-specific standards Article Three:Zone Districts 3-41 R2 District (Single Family Residential - Medium Lot) R2 3.38 R2 District Intent, Permitted Uses, and Special Exception Uses District Intent Permitted Uses Special Exception Uses The R2 (Single Family Residential- Residential Commercial: Recreation/Fitness Medium Lot) District is intended to • child care/day care(owner- • golf course/country club provide a land use category for single occupied) Communications/Utilities family homes on medium-sized lots. • dwelling:single family • public well The provisions that regulate this land • dwelling:single family,attached' • telecommunications facility(other use district should protect, promote • residential facility for than microcellular) and maintain existing residential developmentally disabled/mentally Institutional/Public Facilities areas in the City of Jeffersonville and ill (less than 4 units) • church,temple,or mosque may also be used for future housing • short-term rental (See Article 8.10) • public recreation center/pool growth. Institutional/Public Facilities Residential The Jeffersonville's Plan Commission • public park • dwelling:accessory dwelling units2 and Board of Zoning Appeals Miscellaneous Uses • residential clubhouse/community should strive to protect this district • child care/day care: owner room from conflicting land-uses such occupied Miscellaneous Uses as industrial and large-scale • home occupation#1 • home occupation#2 commercial uses as well as non- family oriented businesses. Article 6 of this ordinance includes additional options and incentives for the development of subdivisions that preserve natural open spaces, floodplains,etc.that exist on site and/or dedicate and construct public park facilities. Additional Notes: 1. 200 foot maximum building length for all attached units 2. See Article 8.3 for additional standards. 3-42 Jeffersonville Unified Development Ordinance R2 District (Single Family Residential - Medium Lot) rxJ 3.39 R2 District Development Standards Lot Dimensions Setbacks Other Requirements Lot Width - {ReerYard a 1 Setback Structures • Lot__ Side ^1 Pnmary Ir�''�� Area i Yard ---. �1 Structure ' -- ;,I. 1 Setback a, • ProPeftY 9 to IP Line Building Front Yard i Coverage. Envelops Setback Lot Frontage H RO.W. R.O.W. �%� R.O.W. 777 R.O.W.=Ae Defined on Thoroughfare man R.O.W.=As Defined on Thoroughfare Plan R.O-W.=As Defined on Thoroughfare Plan Minimum Lot Area: Minimum Front Yard Setback:' Maximum Lot Coverage • 6,500 Square feet • 30 ft.when adjacent to an arterial • 50%of the lot area Minimum Lot Width: • 25 ft.when adj.to a local street2 Minimum Residential Unit Size • 45 feet Minimum Side Yard Setback: • 1000 square feet Minimum Lot Frontage: • 6 ft.for the Primary Structure3 Minimum Structure Width • 25 feet • 3 ft.for an Accessory Structure • 22 feet for at least 60%of its length. Minimum Rear Yard Setback: Maximum Primary Structures • 20 ft.for the Primary Structure • 1 Primary Structure • 3 ft.for an Accessory Structure Height Miscellaneous Notes: 1. In an established subdivision the front setback shall be the average of Accessory structures the adjacent homes,the build line of the property's approved plat, or the zoning district's front yard setback at the discretion of the Zoning tower mechanical is exempt chimneys are Administrator: a 25%reduction may be taken on one face of a corner exempt lot 2. At corner lots on local streets,the front setback may be reduced to •had Building 20 feet Height 3. On wedge shaped lots along a road curve or at the end of a cul-de-sac, Fiat Roof Structures Gable Roof Structures the setback may be reduced to a minimum of 5 feet so long as the (from highest (from highest gable roof) average setback is greater than 6 feet. section of flat root) Maximum Structure Height: • Primary Structure:35 feet • Accessory Structure: 18 feet See Article 6 for subdivision regulations See Article 7 for additional development standards See Article 8 for additional use-specific standards Article Three:Zone Districts 3-43 R3 District (Single Family Residential - Small Lot) 3.40 R3 District Intent, Permitted Uses, and Special Exception Uses District intent Permitted Uses Special Exception Uses The R3(Single Family Residential Residential Commercial:General -Small Lot) District is intended to • child care/day care(owner- • child care center(day care) provide a land use category for occupied) Communications/Utilities single family homes on smaller-sized • dwelling:single family • telecommunications facility(other lots.The provisions that regulate • dwelling:single family,attached1 than microcellular) this land use district should protect, • residential facility for Residential promote and maintain existing developmentally disabled/mentally • boarding house(owner occupied) residential areas in the City of ill(less than 4 units) • co-housing community Jeffersonville and may also be used • senior living/retirement community • dwelling:accessory dwelling unit2 for future housing growth. (not assisted living or nursing • dwelling,multi-family-duplex The Jeffersonville's Plan Commission home)3 • residential clubhouse/community and Board of Zoning Appeals • short-term rental(See Article 8.10) room should strive to protect this district Institutional/Public Facilities Institutional/Public Facilities from conflicting land-uses such • public park • church,temple,or mosque as industrial and large-scale Miscellaneous Uses • public recreation center/pool commercial uses as well as non- • child care/day care:owner Miscellaneous Uses family oriented businesses. occupied • home occupation#2 • home occupation#1 Article 6 of this ordinance includes additional options and incentives for the development of subdivisions that preserve natural open spaces, floodplains,etc.that exist on site and/or dedicate and construct public park facilities. Additional Notes: 1. 200 foot maximum building length for all attached units 2. See Article 8.3 for additional standards. 3. Only if platted for individual sale in a new subdivision of more than 3 acres in size. 3-44 Jeffersonville Unified Development Ordinance R3 District (Single Family Residential - Small Lot) 'g 3.41 R3 District Development Standards Lot Dimensions Setbacks Other Requirements Lot Width I TRear Yard — o l 1 S0 6) 6) Accessory 0 0 svuowre8 Lot ~ ; C) I Side P Primary ,,sip P Afed i m Yard ,. Structure ° Setback m Building rant Yard Emegope Setback i 1-- „---7- j— Lot Frontage H RO.W. R,O.W. R.O.W. R.O.W.=As Defined on Thoroughfare Plan R.O.W.=As Defined on Thoroughfare Plan g R.O.W.=As Defined on Thoroughfare Pin Minimum Lot Area: Minimum Front Yard Setback:' Maximum Lot Coverage • 4,000 Square feet • 30 ft.when adjacent to an arterial • 75%of the lot area Minimum Lot Width: • 20 ft.when adj.to a local street2 Minimum Residential Unit Size • 25 feet Minimum Side Yard Setback: • 800 square feet. Minimum Lot Frontage: • 5 ft.for the Primary Structure Minimum Structure Width • 25 feet • 2 ft.for an Accessory Structure • 22 feet for at least 60%of its length. Minimum Rear Yard Setback: Maximum Primary Structures • 15 ft.for the Primary Structure • 1 Primary Structure • 2 ft.for an Accessory Structure Height Miscellaneous Notes: 1. In an established subdivision the front setback shall be the average of Accessory Structures the adjacent homes, the build line of the property's approved plat. or the zoning district's front yard setback at the discretion of the Zoning •tower mechanical is exempt chimneys are Administrator: a 25%reduction may be taken on one face of a corner exempt lot 2. At corner lots on local streets,the front setback may be reduced to shed Building 15 feet. Height Flat Roof Structures Gable Roof Structures (from highest (from highest gable roof) sector of flat roof) Maximum Structure Height: • Primary Structure:35 feet • Accessory Structure: 18 feet See Article 6 for subdivision regulations See Article 7 for additional development standards See Article 8 for additional use-specific standards Article Three:Zone Districts 3-45 R4 District (Single Family Residential - Old City) RJ 3.42 R4 District Intent, Permitted Uses, and Special Exception Uses District Intent Permitted Uses Special Exception Uses The R4(Single Family Residential Residential Commercial:General -Old City) District is intended to • bed and breakfast • child care center(day care) provide a land use category for a • child care/day care(owner- Communications/Utilities mix of residential uses within the occupied) • telecommunications facility(other oldest portions of the City.This • dwelling: multi-family duplex than microcellular) district shall be seen as"fixed"and • dwelling:multi-family-3 to 4 units' Institutional/Public Facilities NOT be used for new developments • dwelling:single family • church,temple,or mosque outside the City's core,although • dwelling:single family,attached2 • public recreation center/pool existing lots surrounded by or within • residential facility for Residential close proximity to other R4-zoned developmentally disabled/mentally • dwelling:accessory dwelling unit3 properties may be rezoned to this ill (less than 4 units) • boarding house(owner occupied) district on a case by case basis. • short-term rental(See Article 8.10) • dwelling:multi-family-3 to 4 units4 The Jeffersonville's Plan Commission Institutional/Public Facilities • residential facility for and Board of Zoning Appeals • public park developmentally disabled/mentally should strive to protect this district Miscellaneous Uses ill (more than 4 units) from conflicting land-uses such • child care/day care:owner occupied as industrial and large-scale • home occupation#1 commercial uses as well as non- • home occupation#2 family oriented businesses. Notes: 1. Where an existing building is converted to multiple units. 2. 100 foot maximum building length for all attached units. 3. See Article 8.3 for additional standards. 4. New building 3-46 Jeffersonville Unified Development Ordinance R4 District (Single Family Residential - Old City) r 3.43 R4 District Development Standards Lot Dimensions Setbacks Other Requirements Lot Width - Royer Yard W Setback °6) 6) Accessory 0 6 Structures Lot J Side -_-1 Primary CT J Yard , -- Structure 0 p �� ❑ ° SetbackEl m Property • ( J r 4c ii ( Line T Coverage Building Front Yard Envelope Setback -ter - Lot Frontage-I R.O.W. !/ R.O.W. R.O.W. 77/ ROW.=As Defined on Thoroughfare Plan // R O.W.=As Defined on Thoroughfare Plan R O.W.=As Defined on Thoroughfare Plan Minimum Lot Area: Minimum Front Yard Setback: Maximum Lot Coverage • 2,500 Square feet • Average of the setbacks of the • 80%of the lot area Minimum Lot Width: adjacent structures' Minimum Residential Unit Size • 20 feet Minimum Side Yard Setback: • 600 square feet. Minimum Lot Frontage: • 3 ft.for the Primary Structure Minimum Structure Width • 20 feet • 2 ft.for an Accessory Structure • 18 feet. Minimum Rear Yard Setback: Maximum Primary Structures • 15 ft.for the Primary Structure • 1 Primary Structure • 2 ft.for an Accessory Structure Height Miscellaneous Notes: 1. In an established subdivision the front setback shall be the average of Accessory Structures the adjacent homes,the build line of the property's approved plat,or the zoning district's front yard setback at the discretion of the Zoning •tower mechanical j T-1 a exempt Administrator: A 50%reduction from the average setback may be taken t chimneys are exempt on one face of a corner lot. shed Building / . Height Flat Roof Structures Gable Roof Structures (from highest (from highest gable roof) section of flat roof) Maximum Structure Height: • Primary Structure:35 feet • Accessory Structure: 18 feet See Article 6 for subdivision regulations See Article 7 for additional development standards See Article 8 for additional use-specific standards Article Three:Zone Districts 3-47 Article Four Overlay Districts 4.3 Downtown Design Overlay District A. District Intent The Downtown Design Overlay District(DDOD)is intended to guide the design of development and redevelopment projects in the Downtown Area. It aims to ensure quality design which enhances the historic character and general walkability of Downtown Jeffersonville. B. District Boundaries 1. In general,the DDOD consists of properties bounded by 1-65, 12`''Street, Dutch Ln/Penn St,and the Ohio River. 2. Exhibit B shows the general location of the DDOD. 3. The actual boundaries for the DDOD are shown on the Official Zoning Map.The overlay district is marked with a hatch pattern as designated on the Official Zoning Map's legend. Exhibit B: General Map of the DDOD i =7 Downtown Design Jeffersonville City Limit f • f Esn.HERE armin.©OpenStreetMap contributors and;trnpIS user `� -- community Hdl, Hilic C. Process 1. Except as listed below,all proposed developments in the DDOD require development plan review as defined in Article 10.The following do not require development plan review: • Construction of any new single-family residential home, • Renovations/Additions to any existing single-family residence,or any historic home converted to multi-family use. • Construction of any residential or commercial accessory structures • Renovations to any existing building where the only exterior work is primarily restorative in nature(i.e.cleaning/repairing an existing facade,replacing windows,replacing signage,etc.) 2. In addition to those materials required for development plan review in Article 10,the applicant shall provide an illustrated drawing or materials board for all exterior finishes. 3. In order to receive development plan approval the applicant must satisfy all of the Development Standards of the Base Zone District except as modified elsewhere in Article 4 and meet the design criteria listed in sections E and F of this Article. D. Effect on Uses 1. This Overlay has no effect on the Permitted or Special Exception Uses as described in the Base Zone District. Article 4:Overlay Districts 4-7 2. Modifications to Development Standards and additional design standards noted in this district shall not apply to the following: • New or existing single-family homes • Accessory structures under 150 square feet in area • Accessory structures over 150 square feet in area that do not directly front a public street • Historic homes converted into multi-family use,or • Any other exclusively residential structure with four or fewer dwelling units. E. Modifications to District Development Standards(Article 3) 1. Setbacks: a. All zone districts other than CD may take advantage of the front,side and rear setback standards set forth in the CN zoning district. b. Canopies or awnings may extend over any street-front property line a distance of 4 feet.The bottom of said awnings must be a minimum of 8 feet above the sidewalk. 2. Building Height: For any mixed-use commercial/residential development or multi-family residential project within the district(not zoned CD),the maximum height may be increased to 40 feet. 3. Lot Coverage: In all zone districts other than CD,maximum lot coverages for all primary and accessory structures and impervious may be increased to 85%. 4. Minimum Floor Area per residential unit: where multi-family residential units are allowed,the minimum floor area per unit may be reduced to an average of 500 square feet with 300 square feet the absolute minimum. F. Modifications to Development Standards(Article 7) 1. Fences and Walls: a. Screen walls and fences shall be constructed out of high quality materials such as brick,native stone,precast concrete,custom-designed and finished wood panels,aluminum,steel/wrought iron,etc. The use of chain-link,open wire,razor wire,barbed wire,corrugated metal,bright colored plastic,unfinished concrete block(CMU)or prefabricated wood er--vinyl fences is not permitted. b. Where a new wall would create a continuous surface greater than 20 feet in length, it shall be softened visually with pilasters,a change in materials,and a change in plane greater than one foot and/or with trees,shrubs or vine plantings. 2. Lighting:All lighting must be designed to create a unified and consistent lighting package for the development. Lighting structures in parking areas may not exceed 20 feet in height. All lighting shall be full cutoff or fully shielded fixtures and be consistent with the architectural style of the primary building. 3. Loading Standards:No loading docks or trash collection bins may be placed on or along the street frontage of any building. 4. Parking: a. Location: Parking lots shall not be located in front of any building in the district nor at any street corner.All parking lots shall be located to the side or rear of the structure.As with any development,off—street parking spaces shall not fully or partially be within a public right-of- way or utility easement. b. Quantity: i. Non-residential developments not in the CD or CN zone districts may reduce minimum parking requirements in the base zone district by 33%. ii. Multi-family residential developments may reduce parking standards as follows: Parking requirements shall be reduced to 1.33 paved off-street parking spaces per dwelling unit. In addition,at least one visitor space must be provided for every 8 units. 5. Outdoor Storage:No un-screened outdoor storage is permitted. 4-8 Jeffersonville Unified Development Ordinance Article Six Subdivision Control Article Six: Subdivision Control 6.1 Intent The purpose of this Article is to provide a consistent directive to the subdivision of land and to the design of streets and roadways in a way that is within the spirit and intent of the Comprehensive Plan. 6.2 Establishment of Control A. No plat or re-plat of a residential,commercial,or industrial subdivision of land located within the jurisdiction of the Plan Commission shall be recorded until it shall have been approved by the Plan Commission or their designee,and such approval shall have been entered in writing on the plat by the president and secretary of the Commission or their designee. B. Exemptions: 1. The following divisions of land are exempt from the provisions of this UDO: a. A division of land for the transfer of a tract(s)to correct errors in an existing legal description,or the sale/exchange of a tract of land between adjoining landowners,provided that no additional primary use building sites or any nonconforming lots are created by the division. b. A division of land by the Federal, State,or Local Government for the acquisition of Right-of-Way or an easement. c. A division of land that combines or reconstitutes property lines such that no new building lots are created. d. An adjustment or shift in lot lines as shown on a recorded plat provided there is no reduction in the area,frontage,width,depth,or building setback lines of each building site that would place it below the minimum requirements of this UDO. e. The sale,exchange,or transfer of land between adjoining property owners which does not result in the change of the present land usage,create an additional building site,and does not create a parcel that does not conform to the standards of this UDO. f. The division or partition of land into parcels of more than 5 acres not involving the creation of any new streets or easements of access. g. A division of land that is government or court ordered. C. Subdivider's Responsibility: It is the responsibility of the person subdividing the land to verify with the Department of Planning&Zoning their proposal meets the standards to qualify as an exempt subdivision. 6.3 Conformance The subdivision plan shall generally conform to the principles outlined in the Comprehensive Plan.The secondary plat of the subdivision plan shall conform to the General Subdivision Design Standards as set forth in this Article. 6.4 Rights of the Plan Commission: The Plan Commission hereby reserves the right to: A. Consider preservation of known or discovered scenic and historic landmarks. B. Refuse changing natural watercourses,watersheds,ravines,etc. C. Deny development if the land is considered by the Plan Commission to be unsuitable for use by reason of flooding or improper drainage,objectionable earth and rock formation,topography,or any other feature harmful to the health and safety of possible residents and the community as a whole. D. Approve all of or only a section of any primary or secondary plat brought forward for their consideration. E. Request additional changes in future sections of a multi-phase development when a final plat approval is requested for that section. F. Refuse to accept a petition for a plat within 6 months of the date of denial when 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 6-month period. 6-2 Jeffersonville Unified Development Ordinance 6.5. Plats: General A. No land shall be subdivided for use unless adequate access to the land is provided via publicly dedicated streets or by private roads to be provided by the applicant. B. Subdivision and subdivision street names: 1. Subdivision Names a. The proposed name of a subdivision shall not duplicate,or too closely approximate phonetically,the name of any other subdivision within the jurisdiction and surrounding areas. b. The Plan Commission shall have final authority to approve the name of the subdivision,which shall be determined at primary plat approval. 2. Street names a. Proposed public road names shall be submitted with and indicated on the primary plat.The Plan Commission shall approve the public road names at the time of primary plat approval.The Department of Planning&Zoning shall consult with Clark County 911 or the appropriate entities prior to rendering its decision. b. Names shall be sufficiently different in sound and spelling from other road names in the jurisdiction and surrounding areas so as to not cause confusion.A road which is(or is planned as)a continuation of an existing road shall bear the same name. G. Terminology 1. Conventional terminology in this part of the state is often different than Indiana state statute. For the purposes of clarity: a. The primary plat may be locally referred to as the"preliminary plat". b. The secondary plat may be locally referred to as the"final plat"or"record plat". 2. Major vs. Minor Plats a. A Major Plat is required for any residential,commercial,or industrial subdivision that creates 5 or more separate tracts or parcels(including the remnant tract). It is also required for any subdivision that creates or dedicates land for a new public roadway. b. A Minor Plat may be obtained for any subdivision that creates 4 or fewer parcels(including the remnant tract)and does not dedicate any land for a public roadway. A Right-Of-Way dedication does not create a new lot. c. Specific requirements for Major and Minor plats are documented in Article 6.6 and 6.7, respectively. 6.6 Plats: Major A. General 1. The major platting process is comprised of two parts—the primary plat,and the secondary plat. 2. All primary plats require review by the Plan Commission. B. Primary Plat Procedure: 1. Applications for primary plats shall be filed, in accordance with the City's adopted application,at least 30 days prior to the initial public hearing at which they are to be considered by the Plan Commission. 2. Primary plats require public notice in the newspaper pursuant to IC 5-3-1-2 and IC 5-3-1-4. Public notification procedures are outlined in Article 10.3 of this UDO. 3. The Plan Commission shall either approve or deny the primary plat. 4. The Plan Commission may grant modifications to the standards presented in this article(Article 6)of the UDO. 5. The Plan Commission will make written findings concerning each decision to approve or deny a primary plat and its modifications if any. The Planning Director is responsible for signing written findings of the Plan Commission. 6. 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 and Article 3.These commitments shall be recorded on the secondary plat. Article 6:Subdivision Control 6-3 7. Primary plats shall undergo drainage review per The Stormwater Ordinance of the City of Jeffersonville (2021-OR-14)prior to review of the secondary plat. C. Primary Plat Fees and Other Information: 1. The application shall be accompanied by an application fee as shown in Appendix B. 2. The applicant shall also be responsible for any fees required for notification sent to adjoining property owners,as shown in Appendix B. The amount due for adjoining property notification will be provided to the applicant by the Planning&Zoning Office and will be due prior to the date of the public hearing. The fee total for this can be found in Appendix B. 3. The applicant shall provide a list and description of the protective covenants or private restrictions to be incorporated in the plat of the subdivision, if applicable. CI. Secondary Plat Procedure: 1. Secondary plat petitions shall be submitted to the Planning Director for review along with the following: a. Completed secondary plat application. b. Letters of"intent to serve"from all necessary utility and service providers shall be submitted at time of application. Utility and service providers shall include,but not be limited to,the Jeffersonville Fire Department,natural gas providers;electrical providers;water providers;cable,phone,and internet providers,and any other entity that may be considered necessary by the Planning Director or their designee. Secondary plat applications shall not be deemed complete without these letters. c. Established fee as shown in Appendix B. d. Any other information as determined by the Planning Director. 2. Review and Approval: a. Secondary plats that exactly match the previously approved primary plat shall be approved administratively by the Planning Director. b. Minor property lot line adjustments are permitted as long as all revised lots meet the standards of the subject zoning district or any approved waivers or variances from the primary plat approval. Such conforming plats shall also be approved administratively by the Planning Director. c. Secondary plats that do not do not meet the above conditions shall require review and approval by the Plan Commission 3. Should the secondary plat require Plan Commission approval,public notice in the newspaper pursuant to IC 5-3-1-2 and IC 5-3-1-4 is required. Public notification procedures are outlined in Article 10.3 of this UDO. 4. The Plan Commission shall either approve or deny the proposed secondary plat petition. 5. The Plan Commission will designate the Planning Director to make written findings concerning each decision to approve or deny a secondary plat.The Planning Director is responsible for signing written findings of the Plan Commission. 6. The City Engineer shall review all secondary plats to ensure the decisions of the Drainage Board are properly reflected on the plat. 7. 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 as specified in this Article and Article 3.These items are to be recorded at the County Recorder's office by the applicant concurrently with the recording of the secondary plat.The applicant shall provide a copy of the recorded commitments to the Planning&Zoning Department. 8. Upon secondary plat approval,the applicant can pick up the signed Mylar copy of the secondary plat from the Planning&Zoning Department for recording. Prior to release,the letter of credit/performance bond must be approved by the City Engineer. 9. The applicant shall submit copies of the officially recorded plat and any covenants to the Planning& Zoning Department.The quantity and format of the required copies shall be at the discretion of the Planning Director. 10. Approval for a major plat shall be valid for three years from the date of secondary plat approval. If the secondary plat is not recorded before the expiration of 18 months,the approval shall be null and void. 6-4 Jeffersonville Unified Development Ordinance 4. Miscellaneous Standards a. Horizontal visibility on curved streets and vertical visibility on all streets must be maintained along the center lines and follow the standards set forth in the FHWA Manual for Local and Rural Roads, or with the approval of the City Engineer or their designee. b. Curvature measured along the center line shall have a minimum radius as follows: 1. Principal and Minor Arterial Streets: 500 feet 2. Urban Collector Streets: 300 feet 3. Local Roads:200 feet c. Between reversed curves on arterial streets there shall be a tangent of not less than 100 feet and on feeder and residential streets such tangent shall be not less than 40 feet. d. Maximum grades for streets and alleys that are above 8%shall be approved by the City Engineer's. e. The minimum grade of any street gutter shall not be less than 0.5%,but 1.0%is preferred. 5. Cross-Access Standards for Commercial and Industrial Developments Required cross-access corridors shall be shown on any subdivision or site plan.A system of joint use driveways and cross-access easements shall be required to provide unified access and circulation among parcels and assist in local traffic movement. In such cases,the building site shall incorporate the following: a. A continuous cross-access or service drive with sufficient width to accommodate two-way travel aisles for automobiles,service vehicles,and loading vehicles. b. Stub-outs and other design features to make it visually obvious that abutting vacant properties should be tied in to provide cross-access at the time they are developed. c. Building sites shall be designed to ensure parking,access,and circulation may be easily tied in to future adjacent development. G. Special Design Requirements for New Residential Developments 1. Mail delivery within a subdivision is the responsibility of the subdivider.The subdivider shall coordinate with the local Postmaster to confirm mail delivery requirements. The Primary plat will be required to designate how mail will be handled in the new subdivision. Additional confirmation of acceptable mail delivery may be required from the United States Postal Service. 2. Cluster Mailbox Standards a. When a cluster mailbox is created,the subdivider shall create dedicated parking for the mailbox. 1 parking space per 50 mailboxes shall be provided. b. All cluster mailboxes shall be accessible via walkways or sidewalks meeting handicap accessibility width and paving requirements. c. Cluster mailboxes shall be located at least 50 feet interior to the development. 6.9 Specific Standards of Improvement A. Curbs and Gutters 1. The Plan Commission shall require curbs and gutters to be installed on each side of the street in every subdivision. Where a subdivision abuts an existing city street,curbs and gutters will be required along the boundary of the subdivision abutting the existing street. 2. The curb and gutter shall be of one of the two construction types shown in either Figure 6.1 or Figure 6.2,and shall be constructed according to the following specifications,subject to approval of the Plan Commission: a. The base for the curb and gutter shall be well compacted on the exiting base or grade. b. The minimum specifications shall be shown for the two types of cross-sections in either Figure 6.1 or Figure 6.2. c. All concrete used in the construction of curbs and gutters shall meet the 3,500 psi INDOT specifications. Article 6:Subdivision Control 6-9 B. Design of Streets and Alleys 1. For residential subdivisions,and local roads: a. Flexible pavements shall be one-inch compacted thickness of Indiana Department of Transportation (INDOT)hot asphaltic concrete,surface mixture No. 11,placed over two inches compacted thickness of INDOT hot asphaltic concrete bituminous binder course,mixture No.9,placed over nine inches compacted thickness of INDOT,crushed limestone,compacted aggregate base,Type "0",placed over earth sub base which has been smooth graded,compacted and"proof-rolled". b. Portland cement concrete pavement shall be of a comparable design. c. All roads shall have a proof roll inspection by the Engineering Department prior to paving. 2. For commercial and industrial subdivisions,and collector and arterial roads: a. Flexible pavements for these types of streets shall be designed by the AASHTO method as per the Indiana Department of Transportation.One California Bearing Ratio(CBR)test shall be run for each 1,000 linear feet of street in the platted subdivision. b. Design calculations and CBR test results shall be submitted,with plans,for review. c. Portland cement concrete pavement shall be of comparable design. d. Regardless of the AASHTO/CBR design results,in no case shall the flexible pavement design result in a design section of less than one inch of INDOT No. 11 Surface,three inches of INDOT No.9 Binder and 9 inches of INDOT Type"0"compacted aggregate base.Thicknesses are all "compacted"thicknesses. 3. Paving Methods: a. On all flexible pavements on all residential,commercial or industrial streets the final one inch of INDOT surface mixture No. 11 shall not be placed until 80%of all lots in the platted subdivision are occupied by houses or buildings. b. An inspection of the streets by the City shall be requested by the developer at 80%lot coverage and repairs made to the streets by the developer before the final one inch of surface asphalt is placed. C. Street Lighting 1. The developer of the subdivision of land shall install lighting for public safety that meets this UDO.This street lighting shall be of a design appropriate to the design of the subdivision and its buildings. 2. Lighting should be installed every 200-300 feet to provide adequate lighting for the subdivision. Additionally,all subdivision entrances shall have adequate lighting. 3. Adequate lighting shall be provided at all Postal Cluster Box Units(CBU)areas. 4. All fixtures shall be compliant with the minimum standard of utility approved by the City Engineer or their designee. D. Monuments and Markers 1. Property corner monuments shall be placed so that the center of the monument shall coincide exactly with the intersections of lines to be marked,and shall be set so that the top of the monument or marker is level with the finished grade 2. Property corner monuments shall be set at the intersection of all lines forming angles in the boundary of the subdivision. 3. Monuments shall be set at: a. The beginning and ending of all curves along street property lines. b. All points where lot lines intersect curves,either front or rear. c. All angles in property lines of lots. d. All other lot corners not established by a monument. e. Front lot corners may be marked with cuts in the concrete curb on the side lot lines instead of as noted above. 4. Monuments shall be set on all lot corners in accordance with the latest revision of IAC 865. E. Sanitary Sewers 1. The applicant shall provide the Wastewater Department and City Engineer at least two sets and an electronic version of plans for the installation of a sanitary sewer system. The sewer shall be designed by the applicant in accordance with the requirements as contained in the latest version of the 6-10 Jeffersonville Unified Development Ordinance Construction Standards as adopted by the Jeffersonville Sanitary Sewer Board.The plans and specifications shall be approved the by the City Engineer and/or City Wastewater Director.The capacity request for the new sanitary sewer system must be approved by the Jeffersonville Sanitary Sewer Board. 2. The applicant shall comply with the requirements in the latest revision of the Jeffersonville Construction Standards. F. Sidewalks 1. The Plan Commission shall require sidewalks to be installed along all new streets within the subdivision. Where a subdivision abuts an existing city street,sidewalks will be required along the boundary of the subdivision abutting the existing city street. 2. A pathway or sidewalk shall be provided to connect one cul-de-sac to an adjacent cul-de-sac,street,or common area to provide a direct connection between pedestrian destinations.These pedestrian connections shall constructed in accordance with Article 6.9 F-4 and 5 below,and located within an easement or dedicated commons area.An example of a typical pedestrian connection is shown in Figure 6.4. 3. The builder shall be responsible to the developer for the sidewalks located on the lot where he or she builds. In the event that a lot should be divided between two neighbors or one resident purchases an extra lot the developer shall be responsible for constructing the sidewalk under these conditions. 4. Minimum sidewalk widths: a. Where installed on both sides of the street,sidewalks shall be 5 feet in width b. Where installed on only one side of the street,the minimum sidewalk width shall be 8 feet. 5. Sidewalk construction: Sidewalks shall be constructed of 3,500 psi Portland cement concrete,at least 4 inches thick,and placed in the right-of-way one foot from the property line. Sidewalks shall be scored every 5 feet with expansion points at 20-foot intervals.All sidewalks shall comply with the Americans with Disabilities Act(ADA). 6. No point source discharges of water(e.g. sump pump discharges)shall be allowed to encroach upon or empty onto sidewalks. 7. Sidewalk fee in-lieu: property owners/developers may opt out of required sidewalk construction through the City's sidewalk fee in-lieu program.All applications for fee in-lieu shall be submitted to the Planning Department and include sound, logical reasoning for opting out of the requirement. a. For residentially zoned parcels in districts M1,RI,R2, R3,and R4 districts,application for the sidewalk fee-in-lieu program may be administratively approved by the Planning Director and City Engineer. b. For all other developments,the fee in-lieu may only be granted by the Board of Zoning Appeals. G. Storm Drainage 1. Drainage and storm sewer system designs,plans,and specifications shall be approved by the Drainage Board and City Engineer prior to beginning any construction activities. 2. Existing natural vegetation shall be retained in areas within 50 feet of the top of the bank of watercourses and lakes. See Article 7.6 for additional information. 3. Watercourses and ponds(see Article 7.6 for additional information)shall be delineated on all plats. Additionally,the required 50-foot buffer from these watercourses and ponds shall also be delineated on all plats. H. Streets 1. Streets(and alleys where provided)shall be completed to grades shown on plans,profiles,and cross- sections,provided by the applicant,and prepared by a registered professional engineer or land surveyor and approved by the Plan Commission. 2. The composition of impervious materials shall meet all applicable standards of the City Engineer. 3. Prior to construction of the streets and alleys,adequate subsurface drainage for the street shall be provided by the applicant(Refer to 6.8 H of this Article). I. Street Signs 1. The applicant shall provide the subdivision with the standard city street name signs at the intersection of all streets. Stop signs, street name signs,dead end signs and no-outlet signs shall be placed as directed by Article 6:Subdivision Control 6-11 Article Seven Development Standards Accessory Structure Standards (AS) 7.3 Accessory Structure Standards (AS) AS-01: General Standards: This section applies within the following districts: 111 K ) NENE •I1J �I2J •NJ ■ �M� �M2, ■ A ;NS �R� �RJ ► ■ A. Except as otherwise provided herein,it shall be unlawful for any person to erect,construct,enlarge, or move any accessory structure without first obtaining a permit from the Planning Department. B. Accessory Structures shall comply with all Development Standards for the subject Zoning District. C. Accessory Structures must relate to the primary structure and its uses. D. Accessory Structures may not encroach on any platted easement unless the owner of the easement gives written consent. E. Dumpsters,compactors,all other trash receptacles,generators and mechanical equipment with a footprint greater than 16 square feet or more than 2 pieces of mechanical equipment must be enclosed and screened as per 7.19 MC-02 in this Ordinance. F. Any proposed accessory structure that is over 500 square feet is required to submit an accurate, scaled site plan as well as a drawn rendering and elevation that shows the proposed overall height. Additional information may be required as determined by the Planning Director. AS-02: This section applies within the following districts: �R1 (R2 A. Permitted Structures: 1. Accessory structures are not permitted on a lot prior to any primary structure being constructed except where the accessory structure is being used for agricultural purposes. 2. The following accessory structures are permitted,but must abide by all applicable standards: • agricultural buildings • bath houses or saunas • boat docks • boat houses • carports • decks • dumpster enclosures(M2&M3 only) • detached garages • gazebos or pergolas • greenhouses,private • hot tubs • pole barns • sheds/mini barns • sport courts • storage buildings • swimming pools, both in-ground and above ground • All swimming pools must abide by 675 IAC 20 • Above-ground pools associated with a deck and hot tubs placed on decks shall count as one structure • treehouse/playhouse • Any other structure greater than 50 square feet 3. Accessory structures smaller than 50 square feet shall not be deemed an accessory structure, but should still abide by accessory structure standards. 7-4 Jeffersonville Unified Development Ordinace Accessory Structure Standards (AS) (Continued) 4. A fully roofed structure that is attached to the primary structure shall be considered part of the primary structure,and shall meet the standards for the primary structure as shown in Article 3. 5. No mobile home,manufactured home,shipping container,vehicle or portion thereof may be used as an accessory structure. B. Size: 1. At RI properties,which are less than one acre,no accessory structure shall exceed 1,400 square feet or 100%of the square footage of the footprint of the primary structure,whichever is less. 2. At R1 properties,which are one acre or greater,no accessory structure shall exceed 2,000 square feet. 3. At R2 properties,no accessory structure shall exceed 1,200 square feet or 100%of the square footage of the primary structure, whichever is less. 4. At R3 and M 1 properties,no accessory structure shall exceed 1,000 square feet or 100%of the square footage of the primary structure,whichever is less. 5. At R4 properties,no accessory structure shall exceed 800 square feet or 100%of the square footage of the primary structure,whichever is less. 6. At M2 and M3 properties,no accessory structure shall exceed 100%of the building footprint of the primary structure. C. Quantity: 1. Except as listed below,there shall be no more than 3 accessory structures permitted on any residential lot with one primary structure. a. Residential properties greater than one acre may have 4 accessory structures. b. In-ground pools and carports attached to primary structures shall not count toward the maximum quantity. 2. Multi-family properties in M2 and M3 zones may have 3 accessory structures plus one additional structure per primary structure. D. Placement: 1. Accessory structures may only be located to the rear or side of the primary structure unless as specified below. a. At corner lots and through lots,accessory structures may be placed within the front yard and to the side and rear of the primary structure,as shown in the diagram below,so long as the accessory structure maintains the Minimum Front Yard setbacks for primary structures in the zoning district. d.S.th -- I Ivn perry L.,e gM,ory SOLa Front all• I Accessory [I1we ;F allowed From n , I= (Front Sert>rrk IFront dNane L-- _ FraKSetW1c L 1 Accessory Structure Accessory Structure locations for corner lot locations for through lot Article 7: Development Standards 7-5 Entrance/Driveway Standards (ED) 7.5 Entrance/Driveway Standards (ED) The intent of Entrance and Drive Standards is to provide for a safe and efficient vehicular and pedestrian transportation system. These standards apply to entrances and driveways for individual properties as well as privately maintained entrances to subdivisions(i.e.not public streets.)The classifications of roads listed in these standards shall be based on the classifications shown in the map in Appendix D of this document. The diagrams below are used as a point of reference for this section: Figure A Figure B I at.or,e Y e Width Entrance or Driveway 13 Public Street \ / Public Street ED-01: ThisEntrance/Drivewa Standards section a lies to the followin: districts: ref r ■��I1� �I21 �IN� ■■® ® A. Proximity to street corners:No entrance or drive shall be permitted to begin within: 1. 200 feet of any intersecting road if along an arterial(see"A" in Figure A above). 2. 150 feet of any intersecting road if along a local road(see"A" in Figure A above). 3. The distances for the above standards shall be determined by measuring from the street curb (or,if no curb,edge of paved street)to the nearest curb or edge of pavement of the entrance or driveway. B. Entrances at road curves:No entrance or drive shall be permitted within: 1. 140 feet of the apex of a curve(30 degrees or greater)where the road is an arterial. 2. 70 feet of the apex of a curve(30 degrees or greater)where the road is a local road. 3. 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 50%. C. Proximity to other entrances:No 2 entrances or drives shall be within: 1. 100 feet of one another if along an Arterial(see`B"in Figure A above). 2. 40 feet of one another if along a local street(see`B"in Figure A above), 7-10 Jeffersonville Unified Development Ordinace Environmental Standards (EN) 7.6 Environmental Standards (EN) EN-01: This Environmental Standards sectiPe)on applies to the followin districts: Al C1 CD Il IN � �, c Rl R2 R3 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 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 community. In addition,the following standards must be met: A. Drainage and Surface Water: All development which requires official review and approval of Plan Commission,Board of Zoning Appeals,Board of Public Works and Safety,City Engineer or Building Commissioner is also subject to drainage review by the Jeffersonville Drainage Board as described in the Stormwater Ordinance for the City of Jeffersonville, Indiana(2021-OR-14). Single family dwellings and duplexes and their accessory structures are exempt from drainage review. For those structures the following regulations apply. 1. 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. 2. 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 of a 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 surroundings. D. Cut/Fill Grade: No cut or fill grade may exceed a slope of 3:1 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 30 days after the removal or destruction of said natural cover to prevent erosion. F. Alterations to Shoreline: No alteration of the shoreline or bed of a 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 of a river or wetlands,dredging of a riverbed,and ditch excavation within one half mile of a waterway. Article 7: Development Standards 7-13 Environmental Standards (EN) (Continued) G. Floodplains: 1. The Jeffersonville Department of Planning and Zoning along with Jeffersonville's Plan Commission and Board of Zoning Appeals should strive to prevent significant development impacts within the floodplains located in the City. 2. Where possible,the Department should strive to direct residential,commercial and industrial development to locations outside the floodplain,reserving low-lying areas for low-impact or natural uses that are not as susceptible to damage in a flood. So long as they are allowed under the base Zone District,uses that shall generally be seen as acceptable within floodplain areas include: • Agricultural uses such as crop production,pastures,orchards,tree farms,plant nurseries,vineyards, unenclosed equestrian facilities and general farming. • Forestry,wildlife areas and nature preserves. • Parks and recreational uses such as sports fields,golf courses,driving ranges,etc. • Pedestrian and/or bicycle trails of any type. • Utility development—especially where related to water and sewer provision and treatment. • Stormwater detention. • Water-related activities(i.e.docks,piers, boat launches,marinas,etc.). • Public/private parking areas of any type. 3. All new development or expansion of existing development within the floodplain must meet the standards set forth in the City of Jeffersonville's Ordinance for Flood Hazard Areas (2014-OR-06)and subsequent amendments. Such development shall receive a Floodplain Development Permit from the City of Jeffersonville Building Commission. 4. When development applications of any type are determined by Planning Staff to take place on parcels located entirely or partially within the floodplain,Staff shall consult with the Building Commission to determine the appropriate steps necessary to move the application forward. 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, underground 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 contaminate,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,with the following exceptions: • 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. • Storage of said materials needed for legal industrial,commercial,or institutional uses on the same lot. 7-14 Jeffersonville Unified Development Ordinace Environmental Standards (EN) (Continued) 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. Projects Affecting Regulated Drains: Regulated drains are under the jurisdiction of the Jeffersonville Drainage Board. The Jeffersonville Drainage Board or Jeffersonville City Engineer 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. P. Development Along Natural Watercourses and Lakes: Existing vegetation shall be retained in areas within 50 feet of the top of bank of any natural watercourses and lakes within the City-see the City's Stormwater Ordinance for definitions and additional information. Removal of exotic/non-native vegetation may be undertaken in said areas so long as it is replaced with native vegetation that promotes ecological improvement and sustainability. The removal of natural vegetation in these areas shall be subject to the following provisions: 1. Selective removal of exotic/non-native vegetation shall be allowed, provided that sufficient vegetative cover remains to prevent soil erosion into the adjacent watercourse; 2. The removal of any exotic/non-native vegetation is replaced with native vegetation to restrict surface runoff and soil erosion; 3. Clear cutting of vegetation in these areas is prohibited. Q. Gasoline Outlet Requirements: Gasoline outlets and refueling areas must install appropriate practices(as noted under"Hot Spots" provision in the Stormwater Technical Standards Manual) to reduce lead,copper,zinc, and polyromantic hydrocarbons in stormwater runoff. These requirements will apply to all new facilities and existing facilities that replace their tanks, regardless of the size of the facility. Article 7: Development Standards 7-15 Fence and Wall Standards (FW) 7.7 Fence and Wall (FW) FW-01:This section applies to the following districts: @.44.. Ad °"' A. All fences and walls must present the non-structural face outward. B. Fences and walls may not incorporate security wire, barbed wire,or sharpened top spikes. C. Location: Fences and walls are permitted up to the property line,but 1. May not be closer than 2 feet to any road,public sidewalk or alley right-of-way. 2. May not be placed within the vision clearance triangle as defined in 7.17 Vision Clearance Standards. 3. May not be constructed within easements that otherwise prohibit the installation of fences (e.g.,drainage and utility easements). D. Heights: 1. Fences and walls may not be greater than 6 feet in height in the side yard and rear yard. 2. Fences shall not be greater than 4 feet in height in the front yard except as noted in FW-01 E. 3. Walls shall not be greater than 3 feet in height in the front yard. 4. Privacy fences shall not be constructed on top of other structures(e.g.decks). E. Special Rules for Corner Lots: At Corner Lots and Through Lots,a 6-foot-high privacy fence may be constructed around the structure from the front corner of the structure nearest the street intersection to the side property line(as shown in the diagram below)so long as the following conditions are met. 1. The fence shall be constructed a minimum of 15 feet from any street or,where a sidewalk is present,at least 5 feet from any sidewalk(see diagram below),the following exceptions apply: a. Where an existing or newly permitted home is closer to either the sidewalk or street than noted above,a 6 foot fence may not project forward of the primary façade of the structure facing said street or sidewalk. 2. The fence shall not cross any driveway leading to an attached garage. Prrry Line roQe ^Easements -, Allowable 6' privacy fence r75'Min —No sidewalk I Ir. r5'Min 5Min —Allowable6 privacy fence Sidewalk ri5'Min Front Yard —1 I _ F'orYsrJ .... Example at Corner Lot Example at Through Lot 7-16 Jeffersonville Unified Development Ordinate Fence and Wall Standards (FW) (Continued) F. Fences in easements: 1. Fence installations in or across drainage easements must receive approval from the City Engineer.The bottom of said fence must be at least 2 inches above the ground on said easement. Under no circumstances shall any structures,other than fences,be erected in said easements.This includes landscaping features such as trees and shrubs. If structures are erected or trees planted contrary to this UDO,the City shall have the right to remove said structures at owner's expense after written notification. 2. Fences may be erected in or across any other utility easements without permission from the City. 3. Property owners,who choose to erect fences on easements,must sign a release of liability that would allow the City or utility company to remove said fence at owner's expense from the easement to do necessary repairs and/or maintenance. It shall be the responsibility of the property owner, and at the property owner's expense,to replace and/or repair said fence if removal was necessary. G. Where a fence abuts a drainage easement,a gate must be installed to allow access to the drainage area. H. Replacement of existing non-conforming fences:Non-conforming fences that can be demonstrated to have been constructed prior to the adoption of this ordinance,may be replaced in their existing location at the discretion of the Planning Director. Such fences may not be increased in length,height,or area enclosed. FW-02:This section applies to the following districts: (C1; (C22) A. All fences and walls must present the non-structural face outward. B. Fences and walls may not incorporate security wire,barbed wire,sharpened top spikes,engineered wood,or sheet metal. C. Location: Fences and walls are permitted up to the property line,but 1. May not be closer than 2 feet to any road,public sidewalk or alley right-of-way. 2. May not be placed within the vision clearance triangle as defined in 7.17 Vision Clearance Standards. 3. May not be constructed within easements that otherwise prohibit the installation of fences(e.g., drainage and utility easements). D. Heights: 1. Fences and walls may not be greater than 8 feet in height in the side yard and rear yard 2. Fences shall not be greater than 4 feet in height in the front yard. 3. Walls shall not be greater than 3 feet in height in the front yard. FW-03:This Fence and Wall Standards section applies to the following districts: nfil (-114-4., • Il Nvai A. All fences and walls must present the non-structural face outward. B. Location: Fences and walls are permitted up to the property line,but 1. May not be closer than 2 feet to any road,public sidewalk or alley right-of-way. 2. May not be placed within the vision clearance triangle as defined in 7.17 Vision Clearance Standards. 3. May not be constructed within easements that otherwise prohibit the installation of fences(e.g., drainage and utility easements). 4. May not be greater than 8 feet in height in the side yard and rear yard or greater than 4 feet in height in the front yard except as noted in FW-03 C. Article 7: Development Standards 7-17 Landscaping Standards (LA) 7.8 Landscaping Standards (LA) LA-0l: General Landscape Standards: This section applies to the following districts nrriiiiiimri ni ci . i4 , ivii in in _sir 9r (-R- (-R v . i. K__.) „.. \ A . ) .-__-) . _) K _) __) 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. Fences,retaining walls,lighting,or berms may not extend into any existing or proposed right- of-way without permission from the Jeffersonville Board of Public Works and/or the City Engineer.Trees and shrubs located in the Right-of-Way shall meet the standards of the Jeffersonville Tree Ordinance(2021-OR-09.) B. Landscaping materials,trees,retaining walls,lighting,or berms may not extend into any existing or proposed easement without the written permission from the easement holder. C. Native vegetation surrounding watercourses and lakes shall be preserved(See 7.6 EN-01 P for more details).They may,however,be enhanced with vegetative landscaping that is native and promotes ecological improvement and bank stability. D. Trees,vegetation, irrigation systems,fences,walls and other landscape elements are considered elements of a 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. E. Nothing in these standards shall preclude the use and enjoyment of a wildlife area that is certified by a state or nationally recognized organization. F. Special topographical and spatial situations may arise that can cause difficulty in meeting all the landscaping standards. In these situations,a landscape fee-in-lieu may be applied for, should certain criteria be met.Please see LA-07 for the landscape fee-in-lieu criteria. G. 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 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 60 days in total. H. Landscape Material Definitions: For the purpose of the landscaping standards sections in this article the following definitions apply: 1. Deciduous Shade Tree: A deciduous tree that regularly reaches a maximum height of 25 feet or more at maturity.These may include deciduous conifers such as the bald cypress. 2. Ornamental Tree: A deciduous tree that reaches a maximum height of less than 30 feet at maturity. Ornamental trees are usually known for their flowers,leaf colors, shape,or other unique features.Ornamental Trees are generally appropriate plantings under overhead power lines 3. Evergreen Tree: An evergreen tree/shrub that reaches a height of at least 10 feet at maturity. 4. Foundation Planting: Foundation plantings may consist of shrubs,or ornamental grasses or other appropriate perennial flowering plants that grow at least 2 feet tall at maturity.All foundation plantings shall be located within 10 feet of the structure's foundation. Article 7: Development Standards 7-19 Parking Standards (PK) (Continued) PK-05 E: Suggested Minimum Parking Counts Land Use Parking Requirement Arenas,Auditoriums, Banquet Hall/Event Parking spaces shall equal 40%of allowable Spaces,Churches,Conference Centers, seating capacity Theaters and other similar spaces. Athletic fields(outdoor), Parks, Swimming Parking counts shall be at the discretion of the pools Director Automotive Sales— 1 per 500 square feet of the primary structure Automobile sales and services Vehicular Repair and Maintenance— 1 per service bay plus 1 per 500 square feet of the primary structure Education: Primary,Secondary and Day Care Parking counts shall be at the discretion of the facilities Director Educational: Post-secondary.(business school, Parking counts shall be at the discretion of the college,medical training, university,etc. Director 1 per 250 square feet for indoor facilities, Fitness and Recreation facilities Parking for developed outdoor spaces shall be at the discretion of the Director Hotel/Motel/Bed& Breakfast 1.25 per sleeping room 1 per 1,500 square feet,or Industrial facilities and Warehouses 1 per employee at largest shift(minimum of 3 spaces) Medical facilities and Personal Services 1 per 250 square feet 1 per 250 square feet(regardless of Multiple tenant commercial building individual uses) Museums and Libraries Parking counts shall be at the discretion of the Director Professional offices 1 per 400 square feet Restaurant 1 per 100 square feet Residential Uses(All) See standards for M2&M3 Retail 1 per 400 square feet Self-storage(indoor or outdoor) 1 per 500 square feet of office(minimum of 2) 1 per 20 climate controlled units Article 7: Development Standards 7-37 Parking Standards (PK) (Continued) PK-08: Commercial Vehicles in Residential Districts:This section applies to the following districts: rMl El ritk tio A. The parking of a commercial vehicle in residential zone districts shall be prohibited;except that one commercial vehicle of not more than 3 tons capacity or one work trailer longer than 12 feet may be parked on any lot where there is a principal building as long as it is: 1. Used by a resident of the premises,and 2. Parked in an enclosed garage or accessory building,or is located in the rear yard at least 10 feet from the rear property line,and on a paved surface. B. This regulation shall not be interpreted to prohibit commercial vehicles from temporary loading and unloading in a residential district. PK-09:Parking Surfaces in Residential Districts This section applies to the following districts: 1111(11'Ri rR2- (R1 A. All off-street parking areas and driveways located within residential zoning districts,as defined by the Jeffersonville Zoning Code, shall be surfaced with an all-weather paving material capable of carrying a wheel load of 4,000 pounds,or improved with concrete or a compacted macadam based and surfaced with an asphaltic pavement,to adequately provide a durable and dust-free surface which shall be maintained in good condition and free of weeds,dirt,trash and debris.All motor vehicles, boats and utility trailers shall be parked on said surfaces and shall be prohibited from being parked on grass,gravel,or on any other unimproved surface. Exceptions: 1. A gravel surface may be used for a period not exceeding six months after the date of granting the Occupancy Permit where the Building Commissioner finds that the ground conditions are not immediately suitable for permanent surfacing as specified herein. 2. Any residential structure constructed prior to September 1,2004,or any residential structure constructed while within Clark County's jurisdiction and was subsequently annexed that utilizes a gravel driveway and/or parking area as of the effective date of this ordinance shall be permitted to retain and maintain said improvements. However,the gravel driveway and/or parking area shall not be expanded,nor shall any motor vehicle(s) be permitted to be parked on grass or any other unimproved portion of the lot. Recreational vehicles,as defined by the Jeffersonville UDO, shall be permitted to be parked on unimproved or gravel surfaces as long as they are located in accordance with the provisions of the Jeffersonville Zoning Code. Article 7: Development Standards 7-39 Sign Standards: General (SSG) 7.14 Sign Standards: General (SSG) SSG-0l: This General Sign Standards section applies to ALL zone districts. on 4k i(2D The intent of sign standards is to further the goals of the Comprehensive Plan; avoid the proliferation of signage;encourage signs to be compatible with the scale of buildings and the surrounding area;to maintain and enhance the aesthetic environment of the city; eliminate potential haiards 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 any existing,permanent 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 their designee. Legal nonconforming signs shall comply with all provisions of this Ordinance upon a major change or alterations as defined in Article 9.7 of this Ordinance. B. Exempt Signs: The following signs are exempt from all provisions of this Article and do not require a permit. 1. The posting of a street address to provide property identification. When,however,a street address is used as a commercial message or is unnecessarily large, it shall comply with the sign standards for the applicable zoning district at the discretion of the Planning Director. 2. Flags of any country,state,unit of local government, institution of higher learning,or similar institutional flags. 3. 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 materials.No commercial messages or logos are permitted on such signs. 4. Public signs of a non-commercial 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 trespassing, or traffic signs,memorial plaques,signs of historical interest,and signs directing people to public and quasi-public facilities.) 5. Utility signs used to mark cables and lines for public and private utilities except if determined to be a hazard by the Plan Commission. 6. Political signs in accordance with IC 36-1-3-11 or any subsequent amendments. 7. 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. 8. General maintenance of existing signs(e.g.painting,repainting,cleaning,routine maintenance,) where no structural changes or changes in copy are involved. C. Permitting:The permit process for signs is outlined in Article 10. D. 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. Article 7: Development Standards 7-41 Sign Standards: General (SSG) (Continued) E. Removal of Signs: The Plan Commission or Planning Director may order the removal of any sign erected or maintained in violation of this Article. I. Permanent Signs: A 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.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 the removal of permanent signs by the Plan Commission, Planning Director,and/or their agent,pursuant to the provisions of this Article,shall be reimbursed by the owner of said sign. Should said sign not be redeemed within 45 days of its removal,it may be disposed of in any manner deemed appropriate by the City. 2. Temporary Signs:No notice shall be given for the removal of Temporary Signs or Portable Signs that are in direct violation of this code that are placed in City right-of-way. Said signs will be disposed of by City Officials and may not be reclaimed. For signs that are in violation of this code that are located on private property, violators shall be subject to notice of violation and asked to remove said signage. Signs not removed within 7 days of notice may be removed and disposed of by the City and/or violators may be subject to penalties per Article 11 of this code. F. 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 30-day written notice shall be given to the owner, business operator,or lessee of the property to comply with the regulations. After 30 days, if the owner/business operator fails to comply,penalties shall be imposed according to Article 10. G. Abandoned Signs: All signs,their mountings,and related components shall be removed by the owner or lessee of the premises upon which the signs are located when a business 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 a 30-day 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 sign removal by the Plan Commission, Planning Director,and/or their designee pursuant to the provisions of this Article shall be reimbursed by the owner of said sign. Should said sign not be redeemed within 45 days of its removal, it may be disposed of in any manner deemed appropriate by the City. H. Electronic Displays/Digital Signage(EDDS)All electronic and/or digital signs must meet the standards as specified in the State Electrical Code,as adopted and amended by the State of Indiana. In addition,all signs containing EDDS as a component in part or in whole shall comply with the following standards: 1. The message on the sign cannot move,appear to move,flash, scroll,or fade. Signs may not display full-motion video or use multiple pictures or graphics that give the appearance of full- motion video 2. The message on the sign must hold for a minimum of one minute. 3. EDDS must be equipped with a light detector/photocell that automatically adjusts the display's brightness according to natural ambient light conditions. 4. The sign shall operate at a luminance level not to exceed 5,000 nits during daylight hours and not to exceed 500 nits from dusk to dawn. 5. EDDS signs shall be sited and directed such that the light intensity or brightness will not be objectionable to the surrounding properties. b. EDDS signs are only permitted in zoning districts Cl,C2, CH,NS,& PR. 7. No EDDS shall be located within 500 feet of a Ml, RI, R2,R3,or R4 residentially zoned district,or within the CD(Commercial Downtown)zoning district unless the sign is visibly 7-42 Jeffersonville Unified Development Ordinace Sign Standards: Permanent (SSP) 7.15 Sign Standards: Permanent (SSP) SSP-01: This section applies to the following districts: i,,, 4-21iitgri- rik. . , _ , . 4 _) '\._ ) The following Permanent Signs shall be permitted,provided the respective development standards are met.A Sign Permit is required unless otherwise specified. A. Permanent Monument Signs& Post Signs 1. Size: a. In Ml, RI, R2, R3,and R4 districts, signs shall not exceed 4 feet in height and 32 square feet in message area per side. b. In M2 and M3 districts,sign may be increased to 6 feet in height and 48 square feet in message area per side if i. Located along an arterial street,or ii. Located next to and across from other multi-family or non-residential uses 2. Quantity: a. 2 signs per vehicular entrance to a subdivision or residential complex. b. One additional sign may be located at any community space within a residential subdivision or apartment complex(e.g.clubhouse,community park,etc.) c. No permanent monument and/or post signs are otherwise allowed on individual residential properties. 3. Placement: a. Signs shall only be located on properties near the entrance to a subdivision or residential complex or at communal facilities as described above. Where communal signage is located on private property,it shall be the responsibility of the HOA or other communal organization for maintenance and upkeep of said sign. b. Signs shall not be located within the vision clearance triangle per Section 7.17. c. Signs shall be placed at least 10 feet from the right-of-way. 4. Additional Standards: a. Monument Signs shall have a minimum one-foot monument base below the message area. b. Post Signs shall have at least 18 inches of clearance between the bottom of the sign and the lowest point of the ground below the sign. c. EDDS components are not permitted. B. Permanent Wall Signs. 1. Size: Sign shall not exceed two square foot in area. 2. Quantity:One wall sign is permitted per lot. 3. Placement: Sign must be placed on the primary structure. 4. Additional Standards: a. No permit is required. b. No illumination is permitted. c. EDDS components are not permitted. 7-44 Jeffersonville Unified Development Ordinace Sign Standards: Permanent (SSP) (Continued) SSP-03:This section applies to the following districts: U.. The following Permanent Signs shall be permitted,provided the respective development standards are met.A Sign Permit is required unless otherwise specified. A. General. 1. Cumulative Area: The total square footage in message area of all combined sign facings shall not exceed the lesser of the following: a. I 1/4 times the length of building(or where multiple tenants,the storefront portion thereof)that faces the road.[For example:If a building or storefront is one 100 feet wide, then one 125 square feet of signage would be allowed for the lot.];or b. Maximum of 125 square feet. c. Mural signage within the boundaries of Court Avenue, Spring Street,and Ohio Avenue shall be exempt from the above standards as part of the NoCo Arts District. 2. Limitation on Freestanding Signs:The lot is limited to one Ground Sign:either a Monument Sign,a Post Sign,or a Suspended Sign. B. Permanent Awning Signs. 1. Size: Sign shall not exceed 50 square feet. 2. Quantity:There is no limit on the number of signs permitted. 3. Placement: Signs must be placed on the primary structure. 4. Additional Standards: EDDS components are not permitted. C. Permanent Monument Signs. 1. Size: Sign shall not exceed 5 feet in height and 20 square feet in message area per side 2. Quantity: One sign per lot. 3. Placement: a. Signs shall not be located within the vision clearance triangle per Section 7.17. b. Sign shall be placed a minimum of 2 feet from the right-of-way. 4. Additional Standards: a. Signs shall have a minimum one foot monument base below the message area b. EDDS components are not permitted. D. Permanent Post Signs or Suspended Signs. 1. Size: Sign shall not exceed 5 feet in height and 20 square feet in message area per side. 2. Quantity: One sign per lot. 3. Placement: a. Signs shall not be located within the vision clearance triangle per Section 7.17. b. Sign shall be placed a minimum of 2 feet from the right-of-way. 4. Additional Standards: a. There shall be a minimum of 18 inches clearance from the bottom of the sign to the finished grade. b. EDDS components are not permitted. Article 7: Development Standards 7-47 Sign Standards Temporary (SST) 7.16 Sign Standards: Temporary (SST) SST-OI: General Standards: This section applies to All zone Districts: C1� C2� CD 111111111I1 �J■IONA■■■�■�R1 t�J i J■ A. A Sign Permit is not required for any temporary sign. B. Placement of temporary signs on private property shall only occur with the permission of the property owner. C. Temporary Signs that are damaged,broken,torn,or in an otherwise state of disrepair must be removed. Violators shall be subject to notice of violation and asked to remove said signage. Signs not removed within-1-0 7 days of notice may be removed and disposed of by the City. SST-02:This section applies to the following districts: M1 (R1 (R2 Q■ A. The following Temporary Signs shall be permitted,provided the respective development standards are met. 1. Temporary Suspended Signs and Yard signs provided they are: a. No more than 3 square feet in area, b. No more than 2 per residential lot,and c. Not located in the public right of way or the vision clearance triangle per Section 7.17. B. The following Temporary Signs shall be permitted,provided the respective development standards are met. 1. Temporary Ground Signs,Post Signs, Suspended Signs,and Yard Signs that are larger than 3 square feet shall be regulated as follows: a. Size: Signs shall not exceed 5 feet in height and 16 square feet in area b. Duration: Signs may only be displayed while: i. The property is for sale or lease; ii. A project is under construction;or iii. A legally permitted event is occurring and, in which case,the sign must not be posted more than 10 days prior to the event and be removed within 7 days after said event has transpired. c. Placement: i. Signs shall not be located within the vision clearance triangle per Section 7.17. ii. Signs shall be a minimum of 10 feet from any property line. d. Additional Standards: i. EDDS components are not permitted. C. In accordance with IC 36-1-3-11,the code regulating temporary signage standards shall have limited enforcement beginning 60 days before an election and ending at the beginning of the sixth day after the election: 1. The following exceptions apply: a. Signs shall not be not be located within the public right-of-way or the vision clearance triangle per Section 7.17. b. Signs shall be a minimum of 10 feet from any side or rear property line. c. The size of the signs are not larger than 32 square feet in area. Article 7: Development Standards 7-55 Sign Standards: Temporary (SST) (Continued) SST-03: This section applies to the following districts: U.. A. The following Temporary Signs shall be permitted, provided the respective development standards are met. 1. Temporary Suspended Signs and Yard Signs provided they are a. No more than 3 square feet in area, b. No more than 2 per residential lot,and c. Not located in the public right of way or the vision clearance triangle per Section 7.17. B. The following Temporary Signs shall be permitted,provided the respective development standards are met. 1. Temporary Ground Signs,Post Signs,Suspended Signs,and Yard Signs that are larger than 3 square feet shall be regulated as follows: a. Size. Signs shall not exceed 8 feet in height and 32 square feet in area b. Duration. Signs may be displayed while: i. the property is for sale or lease; ii. while a project is under construction;or iii. while a legally permitted event is occurring and, in which case,the sign must be removed 10 days after said event has transpired. b. Placement. i. Signs shall not be located within the vision clearance triangle per Section 7.17. ii. Signs shall be a minimum of 10 feet from any property line. c. Additional Standards. EVMS or EVMS components are not permitted. 2. Temporary Wall Signs. a. Size: Signs shall not exceed 50 square feet. b. Quantity:One sign is permitted per street frontage. c. Placement: Signs must be placed on primary structure. d. Duration. i. Signs shall not be used for more than 30 consecutive days,and no more than twice in a calendar year. ii. Signs may be displayed while a legally permitted special event is occurring and, in which case,the sign must be removed 10 days after the event has transpired. C. In accordance with IC 36-1-3-11,this code shall be considered unenforceable beginning 60 days before an election and ending at the beginning of the sixth day after the election, 1. The following exceptions apply: a. Signs shall not be not be located within the public right-of-way or the vision clearance triangle per Section 7.17. b. Signs shall be a minimum of 10 feet from any side or rear property line. 7-56 Jeffersonville Unified Development Ordinace Sign Standards: Temporary (SST) (Continued) SST-03:This section� applies to the following districts: CJ "7 ■■ "O( I1� Qrk �NS ■ A. The following Temporary Signs shall be permitted,provided the respective development standards are met.A Sign Permit is not required. A. Temporary Ground Signs,Post Signs, Suspended Signs and Yard Signs a. Size: Signs shall not exceed 8 feet in height and 32 square feet in area b. Quantity:2 signs are permitted per street frontage. c. Placement. i. Signs shall not be located in the public right of way ii. Signs shall not be located within the vision clearance triangle per Section 7.17. iii. Signs shall be a minimum of 10 feet from any side or rear property line. d. Duration. i. Signs shall not be used for more than 30 consecutive days,and no more than twice in a calendar year. ii. Signs may be displayed while a legally permitted special event is occurring and,in which case,the sign must be removed 10 days after the event has transpired. e. EDDS components are not permitted. B. Temporary Wall Signs. a. Size: Sign shall not exceed 50 square feet in area. b. Quantity: One sign per street frontage. c. Placement: Signs must be placed on the primary structure. d. Duration. i. Signs shall not be used for more than 30 consecutive days,and no more than twice in a calendar year. ii. Signs may be displayed while a legally permitted special event is occurring and, in which case,the sign must be removed 10 days after the event has transpired. e. EDDS components are not permitted. C. Temporary Portable Signs a. Size: Signs shall not exceed 4 feet in height and 12 square feet in area. b. Quantity. i. One sign is permitted per street frontage. ii. For multi-tenant buildings,the number of signs permitted shall be determined by the Planning Director or their designee. c. Placement. i. Signs shall not be located within the vision clearance triangle as described in Section 7.17. ii. Signs shall not block public right-of-way. d. Duration: Signs may be posted only while the business is open to the public e. Additional Standards. i. Such signs shall not contain any flashing lights at any time. ii. Portable EDDS signs or components shall not be allowed Article 7: Development Standards 7-57 Sign Standards: Temporary (SST) (Continued) B. In accordance with IC 36-1-3-11,this code shall be considered unenforceable beginning 60 days before an election and ending at the beginning of the sixth day after the election, 1. The following exceptions apply: a. Signs shall not be not be located within the public right-of-way or the vision clearance triangle per Section 7.17. b. Signs shall be a minimum of 10 feet from any side or rear property line. SST-04:This section applies to the following districts: III Temporary signage is only allowed with written permission from the River Ridge Development Authority(RRDA)and for a period of time not to exceed 3months.Temporary signage shall not exceed the dimensions set forth by the RRDA. 7-5S Jeffersonville Unified Development Ordinace Miscellaneous Standards (MC) 7.18 Miscellaneous Standards (MC) MSC-01:Street Addresses: This section applies to ALL zoning districts: ARIA Street addresses must be posted and be visible from primary roadway. Street addresses shall be posted either upon the primary structure or upon the mailbox(or other suitable structure visible from primary roadway). MC-02:Dumpster/Mechanical Yard enclosures: This section applies to the following districts: �M2 ■�� /1 iii1111111113 CI21 CINJ■�NJ ® Dumpsters,compactors,similar containers,generators or mechanical equipment with a footprint greater than 16 square feet,or more than 2 pieces of electrical or mechanical equipment must be screened on all sides by a fence or wall. Walls arid must be constructed with the same exterior building materials as the primary structure. However, Dumpster enclosures shall not be constructed of glass or similar translucent and breakable materials, sheet metal, unfinished wood, plywood,or other pressed wood materials. .The height of the enclosure must be at least 5 feet tall. If a 5-foot tall enclosure does not block the view of the dumpster,compactor or similar container from the public right- of-way,the height shall be increased in order to fully screen the equipment.A building permit is required prior to constructing the enclosure. MC-03:Sidewalks:This Section applies to the following districts: (C)®■■■■a orA M10 ■■.0■._RJERiciJ■ A. All new development in the above districts shall be required to install sidewalks along all abutting public streets except as excepted below.All sidewalk construction shall meet the standards set in Article 6.9-G,and shall meet all ADA requirements—including ramps at intersections. 1. Parks and Recreation projects and campus-style developments in the NS district which provide connectivity/internal circulation via trails or other such means may be exempt from this provision 2. New single-family residences in established neighborhoods and small-scale multi-family buildings in the M 1 zone shall be exempt from this standard if there are no sidewalks on the abutting properties.At a corner lot where a sidewalk is present on only one of the intersecting streets,sidewalk shall only be required on the street with existing sidewalk improvements. 3. This standard may be waived for industrial developments in established industrial zones where existing sidewalks do not exist at the discretion of the Planning Director. B. Sidewalks shall also be required of any substantial addition and/or renovation of a building/property in any of the above zone districts,where sidewalk exists on any abutting property. For purposes of this section,this shall include all additions and/or renovations greater than or equal to 50%of the assessed value of the property.All sidewalk construction shall meet the construction standards set in Article 6 and be consistent in design with adjacent sidewalks to the greatest extent possible. C. Where new driveways or expansions of existing driveways impact the sidewalks,consultation with the City Engineer is required. 7-60 Jeffersonville Unified Development Ordinace Article Ten Processes and Procedures I Article Ten: Processes and Procedures 10.1Types of Petitions A. The City of Jeffersonville hereby requires that an application and filing fee be submitted for the following formal petitions: 1. Administrative Appeals 2. Certificate of Occupancy 3. Certificate of Zoning Compliance 4. Development Plan Approval 5. Improvement Location Permits(temporary and permanent) 6. Mobile Vendor 7. Plats,Major:Primary and Secondary 8. Plats, Minor 9. Planned Unit Developments 10. Sign Permits(temporary and permanent) 11. Special Exceptions 12. Telecommunications/Wireless Facility 13. Variance, Development Standards 14. Variance,Use 15. Zoning Amendments(Zoning Map change/rezoning) B. All applications may be obtained through the City's website or in the office of the Department of Planning&Zoning. At the time of submission,the application,and all attachments are to be compiled and complete. Fees shall be paid at the time of application submittal. 10.2 Schedule of Fees A. The City Council shall maintain an Official Fee Schedule for permits and processes outlined in this Ordinance. The Fees Schedule shall be available to the public in the Department of Planning& Zoning,as well as on the City's website.The Fees Schedule 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. B. The Official Fee Schedule can be found in Appendix 2 of this document. C. 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.The acceptance of the fee does not constitute approval of the permit/petition nor does it deem the application to be complete. 10.3 Notification for Public Hearing: The following information pertains only 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 10 days before the date set for the hearing. B. The applicant shall be required to assume costs of public notice and notice to interested parties. Interested parties shall include,but are not limited to,all properties adjacent to the subject property, and all parcels within 200 feet of the property boundary line(this includes all such properties that may fall outside the City's jurisdiction). C. Additionally,notice shall be posted in a conspicuous place on the subject property at least 10 calendar days prior to the date of the hearing.Notice signs will be provided and posted by the City of Jeffersonville. 10-2 Jeffersonville Unified Development Ordinace 10.4 Sunset Provision: Pursuant to Indiana Code 36-7-4-1109,the granting of any development plan,plat, special exception,planned unit development,building or location improvement permit,and/or any secondary,additional,or related permits or approvals are governed for 3 years after the person applies for the permit. Upon the expiration of the permit,reapplication will be required for approval. 10.5 Processes per Type of Petition: The following sections document the processes and procedures that are specific for each type of application. 10.6 Zoning Violations: A Petition may be delayed or denied if there are existing active Zoning violations on the subject property at the discretion of the Zoning Administrator.Appeals to this decision would be made through the Administrative Appeal process. Administrative Appeal 10.5.01 Administrative Appeal: The following procedure applies to Administrative Appeal petitions: A. The applicant shall submit an application,including a written statement specifying the grounds for the appeal and any applicable supporting material within 30 days of the decision alleged to be in error. B. The administrative official or body from which the 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. C. Administrative Appeals require public notice in the newspaper per I.C. 5-3-1-2 and 5-3-1-4. Public notification procedures are outlined in Article 10.3 of this UDO. D. At their next regularly scheduled public meeting,the BZA shall then review: 1. The written statement and supportive material submitted by the applicant; 2. The record of action supplied by the administrative official or body from the which appeal is taken; 3. The testimony of the applicant;and 4. 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. Certificate of Occupancy 10.5.02 Certificate of Occupancy: The following procedures apply to Certificates of Occupancy. 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 either Development Plan approval and/or an Improvement Location Permit and obtaining a Building Permit, 2. Passing a final inspection to be conducted by the Building Commissioner's Office; and 3. Receiving an approval of the Certificate of Occupancy from the Building Commissioner. B. A Certificate of Occupancy shall only be received if all requirements of the Improvement Location Permit Building Permit have been completed.No Certificate of Occupancy shall be granted until all landscaping requirements of the approved development plan are installed. Due to weather or other circumstances,a Certificate of Occupancy may be issued without all the required landscaping installed if a landscape bond is provided per Article 7.8 LA-08. Article 10: Processes and Procedures 10-3 Certificate of Zoning Compliance 10.5.03 Certificate of Zoning Compliance: The following procedures apply to Certificate of Zoning Compliance petitions. A. A Certificate of Zoning Compliance is required for all businesses in Jeffersonville at the time of their establishment.This includes: 1. New businesses, 2. The relocation of existing businesses,or 3. Home Occupations. B. Exceptions 1. A new or relocating business that goes through the Development Plan approval process or obtains a Use Variance or Special Exception through the BZA shall be exempted. 2. New businesses in IR zone districts and the River Ridge Commerce Center shall be exempt from this requirement. C. All new businesses,as outlined above,shall submit an application to the Planning Department along with the associated fee as noted in the Official Fee Schedule. D. Staff will have 10 business days to review and render a decision. If the Certificate of Zoning Compliance is denied,applicant may appeal to the Board of Zoning Appeals within 30 days of the administrative decision. For more information,please see 10.5.01. Development Plans 10.5.04 Development Plans: The following procedures apply to Development Plan petitions. A. The City of Jeffersonville hereby requires that a Development Plan petition be submitted for the following: 1. All new commercial, industrial,and institutional projects, 2. All new multi-family projects in excess of two units, 3. All new,or significantly reconfigured,manufactured home parks,and 4. Any modification to an existing commercial, industrial, institutional,or multi-family structure(of more than two units)that involves: a. Expansion of the building footprint, b. Significant changes in height of the structure(e.g. adding a story),or c. Significant additions to or modifications of the parking/circulation layout and associated landscaping above and beyond simple restriping. B. The applicant shall submit an application for Development Plan,required supportive information, and application fee to the Planning Director per the schedule contained in the application packet C. Plans required at the time of application submission for development plan approval include: 1)Site Development Plan,2) Landscaping Plan,3)Lighting(Photometric) Plan, and 4)Building Elevation Data. If applicable,signage information and a Tree Preservation Plan may also be required. D. Planning Staff will then review the application and required supportive information. Staff will determine whether or not the plan meets the standards set forth in this ordinance. E. If the plan meets all standards, it may be delegated to the Planning Director for approval. If so delegated,the Planning Director will have 30 days from the date of filing to approve or deny the development plan petition in writing.Any interested party may appeal the decision of the Planning Director to the Board of Zoning Appeals within 30 days of the written decision. 10-4 Jeffersonville Unified Development Ordinace 1 F. If the Development Plan does not meet all the standards set forth in this ordinance,requested variances shall be heard by the Board of Zoning Appeals for approval.Once approval of all variances is granted,staff shall approve the development plan. G. If at any time the Planning Director deems a development requires further review against the City's Comprehensive Plan,other plan documents,goals or objectives,or the UDO,and/or the applicant requests a hearing before the Plan Commission,the development shall be heard by the Plan Commission. H. Development Plans that will appear before the Plan Commission or Board of Zoning Appeals require public notice in the newspaper per I.C. 5-3-1-2 and 5-3-1-4. Public notification procedures are outlined in Article 10.3 of this UDO. I. The Plan Commission may approve,deny,or table the petition; it may also impose conditions or require written commitments as a condition of approval, if the conditions are reasonably necessary. Once approved,the applicant shall submit these written commitments to the County Recorder's office for recording. The applicant shall submit a copy of the recorded commitments to the Planning and Zoning Department for the official record. J. 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. K. Amendments and Modifications 1. Minor modifications to an approved development plan may be approved by the Planning Director if the modification is in the spirit and intent of the overall development and does not involve: a. An increase in height,area,bulk,or intensity of land uses, b. The designation of additional land uses, c. The reduction of buffer yards,or d. The addition of driveways or access points. 2. The Planning Director shall report in writing to the Plan Commission the authorized minor modifications.Any interested party may appeal a decision of the Planning Director regarding the minor modification of an approved development plan to the Board of Zoning Appeals within 30 days of the decision. L. A Development Plan ceases to be authorized and is void if that use is not 50%established within a 24-month period of the date the Development Plan was approved or if the property is rezoned. Improvement Location Permit 10.5.05 Improvement Location Permit: The following procedure applies to Improvement Location Permit petitions. A. The City of Jeffersonville hereby requires that an Improvement Location Permit be obtained for the following: 1. All single-family residential dwellings and duplexes, 2. Additions to all primary structures,including any exterior construction that adds to or alters the height of the existing structure, 3. Accessory structures over 25 square feet in area. Article 10: Processes and Procedures 10-5 G. 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. H. The Board may permit or require the owner or applicant of a 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,and shall provide the Planning&Zoning Department with a copy of the recorded commitment. I. A Development Standards Variance granted by the Board shall run with the parcel until such time as the property conforms with this Ordinance as written. J. The Board of Zoning Appeals may enforce any condition and/or commitment it has imposed as if it were a standard of this Ordinance. Variance, Use 10.5.15 Variance,Use: The following procedure applies to Use Variance petitions. A. The applicant shall submit an application for Use Variance,required supportive information,and application fee to the Planning Director per the schedule contained in the application packet B. Use Variances require public notice in the newspaper per I.C. 5-3-1-2 and 5-3-1-4. Public notification procedures are outlined in Article 10.3 of this UDO. C. The Board of Zoning Appeals(BZA)will then review: 1. The variance application, 2. Required supportive information, 3. Testimony of the applicant,and 4. Testimony of the public. D. The BZA may grant a variance from use 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 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 result 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 Comprehensive Plan. E. The Planning Director shall refuse to accept a petition for a variance within 6 months of the date of denial when 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 6-month period. F. The Board may permit or require the owner of a parcel of property to make written commitments and 10-14 Jeffersonville Unified Development Ordinace 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. G. 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 3 months consecutively; 2. The property conforms with the Ordinance as written;or, 3. The property is sold. H. The Board of Zoning Appeals may enforce any condition and/or commitment it has imposed as if it were a standard of this Ordinance. Zoning Amendment (Rezoning) 10.5.16 Zoning Amendments: The following procedure applies to Zoning Amendment petitions(Zoning Map/Rezoning). A. The applicant shall submit an application for Zoning Amendment,required supportive information, and application fee to the Planning Director per the schedule contained in the application packet B. Zoning Amendment Petitions require public notice in the newspaper per I.C. 5-3-1-2 and 5-3-1-4. Public notification procedures are outlined in Article 10.3 of this UDO. C. Upon reviewing a Zoning Amendment Petition the following should be considered: 1. The Comprehensive Plan; 2. Current conditions and character of structures and uses in each district; 3. The most desirable use for which the land in each district is adapted; 4. The conservation of area values throughout the jurisdiction; 5. Responsible development and growth; D. The Plan Commission will then review the application and required supportive information.The Plan Commission may recommend approval,recommend denial,table the petition or choose to pass on the petition to City Council with no recommendation. All recommendations may include conditions. E. Once a recommendation has been made by the Plan Commission, it will then be forwarded to City Council for final consideration. The City Council will review the application,required supportive materials,and Plan Commission recommendation. The Council may approve,deny,or table the petition. F. The Planning Director shall refuse to accept a petition for a rezoning within 6 months of the date of denial when 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 6-month period. Article 10: Processes and Procedures 10-15 Article Twelve Definitions Banquet Hall/Event Space: a location for the hosting of weddings,conferences,galas,and other similar events. Such use may include conference rooms, banquet halls,a-ekapel or-ether ceremonial spaces,outdoors,and/or commercial kitchens serving such events. Part of the use may include the rental of property including audio-video equipment,seating, or clothing. For greater clarity this definition does not include a restaurant serving the traveling public. Base Zone District: A base zone district is the existing zoning district of the subject lot prior to the approval of a planned development or prior to the effects of an overlay district. Base Station: Base station means a station located at a specific site that is authorized to communicate with mobile stations. The term includes all radio transceivers,antennas,coaxial cables,power supplies,and other electronics associated with a station. Bed and Breakfast Facility: An owner-occupied or owner-employee-occupied residence,containing no more than 10 guest rooms for hire,for lodging by prearrangement and providing for occasional meals daily(usually breakfast)and not a hotel,boarding house or motel. Berm: A man-made, formed,earth mound of definite height and width used for landscaping and screening 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 of a street and lying between the 2 nearest intersecting or intersecting streets, intersecting railroad, intersecting waterway,or the end of a dead-end street. 4 , OfeR .W —16 I Corner Intenor Corner• • 3 • Lot Lot Lot • tt Through Lot V` Interior !Manor Block Block Lot Lot ThroughJP Lot 40 CI Through Il/ 0 • Corner Interior Corner I Corner Interior cor,r Lot lot Lot I Lot Lot t.! tr R.O.W. R.O.W 7I IP � IJ f Board of Zoning Appeals: The Jeffersonville Board of Zoning Appeals or any division thereof as established in IC-36-7- 4-900 series. Boarding House(owner-occupied): 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. Buffer Landscaping: 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 12: Definitions 12-5 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 corner 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 of a building to the Front Lot line, extending to the side property lines of the lot, and measured as the shortest distance from that foundation to the Front Lot line. Rear Lot Line Rear Lot Line •;') Rear Yard le 4ip • Yard a — Side Yard 7 .. . 5+da n Yard m Side Ea - • - ! Yard r P � •) • Front Yard Front Yard Front Lot Front Lot Line; - - ROW R.O.W U.W. As Oetnteo on i noroughtare Ran R.O W=As Define-:on Thoroughtare 0 an Frontage: 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. Attached garages must share one wall with the primary structure on the lot and provide direct access into the primary structure. Ground Floor Area: See Floor Area, Main. Group Home: A facility that houses not more than 10 children that are either(A)in need of service under IC 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 are 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. Half Street: A portion of the width of a street,usually along the edge of a subdivision where the remaining portion of the street cold be provided in another subdivision. Hardship: A difficulty with regard to one's ability to improve land stemming from the application of the development standards of this UDO, Self-imposed situations and claims based on a perceived reduction of or restriction on economic gain shall not be considered hardships. Self-imposed situations may include,but are not limited to: A. 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; B. Any improvement initiated in violation of the standards of this UDO;or C. Any result of land division requiring a variance from the development standards of this UDO in order to render that site buildable. Height: See Structure Height. 12-12 Jeffersonville Unified Development Ordinance Livestock Structure: Any structure related to the practice of non-commercial keeping of livestock including,but not limited to,animal housing facilities,barns,stables,sheds,coops,cages,and similar structures,not including livestock enclosures. Loading Dock/Area: Designated areas where trucks may load and unload cargo. Said areas shall be at least 10 feet by 50 feet with a minimum height clearance of 14 feet and shall have appropriate means of access. Such spaces are considered "on-street" if they are located on a dedicated street right-of-way and are considered "off-street" if they are not. 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,Corner Lots,and Through Lots. ---___=-7-7,< • i P RO.W. Corner Intenor Corner • \ Wm Lot Lot Lot • Through z • cc Lot `_, Intend • !manor Block Throtyt....... .. • iti Block Lot Lot Lot 3 Through 3 pu Lot O P Caner Interior Co i �t .. r Lot Lot Loott i Corner In Corner u lot Lot Lot Lot R.O.W. R.O.W. -1I9 IP 7I IP Lot,Buildable: See Lot,Improved. Lot,Corner: A lot situated at the intersection of 2 streets or which fronts a street on 2 or more sides forming an interior angle of less than one-hundred and 135 degrees.The intersection of an alley and a street shall not constitute a corner lot. 3 3 c `.�j la ROW. • • Sole Yarn__. /,+, • Front Yarn! .. ._....' .' a i i . Cornerii ? Corner T LotIg Lotram ' -j y } LL Corner 'i 4 Lot Front Yard Front Yare ¢`Y Front Taro 411/ R.O.W. R.O.W. R.O.W. —lls 7Ip -11p Lot Coverage: The area of a lot occupied by the primary building,any accessory structures and impervious surface. Article 12: Definitions 12-15 Normal Grade: For purposes of measuring sign height,normal grade shall be construed to be the average finished grade at the base of the sign.The average finished grade shall not count any filling,berming,mounding,or other earthwork constructed simply for the purpose of raising the sign. Nursing 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 used for patients being treated for mental illness or alcohol or drug addiction. Official Thoroughfare Plan:The part of the comprehensive plan of the city,now or hereafter adopted which includes a major street and highway plan and sets forth the location,alignment,dimension,identification,and classification of existing and proposed streets,highways,and other thoroughfares. Official Zoning Map: 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 Director. Off-Site Improvements: 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 Space: 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 Storage: See Storage,Outdoor. Outdoor Entertainment Venue:A facility for entertainment purposes to include,but not be limited to driving ranges,go- kart tracks, mini-golf, ropes courses,etc. Restaurants may be included as an accessory use. Overlay District:A special resource or development area which is superimposed upon and placed over the zoning map's general zoning district designations within that area designated as an Overlay District. The purpose of the Overlay District is to conserve natural resources or realize development objectives without unduly disturbing the expectations created by the zoning ordinance and general zoning districts within the ordinance.The Overlay District establishes land use regulations that must be enforced by local authorities under the special tenets of each such Overlay District. An Overlay District operates under additional zoning requirements placed on a geographic area without changing the underlying zoning district guidelines. 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 regulations,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 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 partnership,or a business. Parking Lot,stand-alone(public or private): 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.This use shall have no other primary use on site. Parking Space,Automobile: Space within a public or private parking area for the storage of one passenger automobile or commercial vehicle under a one and 1.5 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 permitted as a paved surface. Article 12: Definitions 12-19 Appendix A City of Jeffersonville Land Use Matrix City of Jeffersonville Land Use Matrix (Cont.) Note: Throughout this table: P= Permitted Use; S = Special Exception Use; RR = If allowed by RRDA LAND USE BY TYPE USE DISTRICT Commercial Uses:Auto&vehicle Al Cl C2 CD CH CN CO 11 12 IN IR Ml M2 M3 MP NS PR R1 R2 R3 R4 Auto accessory installation p P P P P S Auto impound facility 5 Auto body repair shop S S S P P S Auto repair,major' S S S P P S Auto repair,minor' p p p p p S Auto parts sales p P P P P p Auto rental S 5 P P P Auto Sales:limited or no services S S P P P Auto Sales with showroom and/or full services 5 p P P Auto Wash S S P RR Automobile/truck/bus storage(open air)—no sales P P S RR S Boat sales and service 5 p p p Commercial truck sales p p Electric Vehicle Charging Station,Type B p p PP p p p p p PP P PP p p Electric Vehicle Charging Station,Type C p p p p p Electric Vehicle Charging Station,Stand-alone Station S S S S S SS S S S S S S S S S Filling/gas station(as accessory use)3 p p S Motor bus station S S P S Recreational vehicle sales and service p p p Salvage yard S RR Small engine repair S P P S Truck Stop/filling station Specific notes: 1. Full service auto repair shop,performs engine repair,auto maintenance,as well as minor body work. 2. Limited/specialized auto repair service such as muffler shop,tire shop,dent removal,window replacement,oil change service,etc. 3. Only where accessory to another use listed on this table.Otherwise see"Convenience store with gas pumps"under Business uses:food sales/service City of Jeffersonville Land Use Matrix (Cont.) LAND USE BY TYPE USE DISTRICT Commercial Uses:Recreation/Fitness Al Cl C2 CD CH CN CO 11 12 IN IR Ml M2 M3 MP NS PR R1 R2 R3 R4 Ball fields P p Banquet hall/event space p p S S S Bar/night club/cigar bar(not adult entertainment) p p p Campground S S Cross fit/training center p p p p p p Dance/aerobics/gymnastics/martial arts studio P P P P Fitness center/gym p p p P S Fraternal organization/lodge/private club p p p P Indoor entertainment venue' P P P P Golf course/country club S P S S Gun club,skeet shoot,paintball,or target range S Marina S S S Nature center/preserve P P Outdoor entertainment venue' S S S P S Public docks/boat landing P Theater,indoor(not adult entertainment) P P P Theater,outdoor(not adult entertainment) S S S Specific notes: 1. Including,but not limited to,arcade,billiards,bowling,indoor laser tag,trampoline park,etc. 2. Including,but not limited to,driving range,go-cart track,mini golf,ropes course,etc. City of Jeffersonville Land Use Matrix (Cont.) LAND USE BY TYPE USE DISTRICT Residential Uses Al Cl C2 CD CH CN CO 11 12 IN IR M1 M2 M3 MP NS PR R1 R2 R3 R4 Assisted living facility S P S S P S Bed and Breakfast p p P S P Boarding House(owner occupied) S S S S Child Care/Day Care(owner occupied) p P S S P P P P Child Care institution(children's home) S 5 Co-housing community S S S P P S S Dwelling:Accessory Dwelling Unit p S S S S S S S Dwelling:Duplex S S P2 P P P P 5 P' Dwelling:Multi-Family—3-4 units S S P2 p p P p' Dwelling:Multi-Family-5-6 units S S P2 S P P Dwelling:Multi-Family—7-12 units S S P' p p Dwelling:Multi-Family—greater than 12 units S S P' S P Dwelling:Single Family P S S Pz P P p P P p P P p p p — T Dwelling:Single Family Attached p p p S P p P Manufactured/Mobile home park P Nursing home S P S P S Residential clubhouse/community room P P P p S S S Residential facility for the developmentally disabled/mentally ill:(less than 4 units) P S S S P P P P Residential facility for the developmentally disabled/mentally 5 S S ill:(more than 4 units) Senior Living/Retirement Community(not assisted living or S S S pi p P pr nursing home) Short-term rental Le Article 8.10) Specific notes: 1. With restrictions,see Article 3 2. Permitted on upper floors only,may be permitted on lower floors with special exception