HomeMy WebLinkAbout2025-OR-05 Ordinance for Text Amendment to the UDO to Update Articles 3 & 12 and Use Matrix to Alcohol and Tobacco Shops STATE OF INDIANA
BEFORE THE JEFFERSONVILLE COMMON COUNCIL
ORDINANCE 2025-OR- 5
AN ORDINANCE FOR A TEXT AMENDMENT TO THE UNIFIED
DEVELOPMENT ORDINANCE FOR UPDATE TO ARTICLES 3 AND 12
AND USE MATRIX AS IT RELATES TO ALCOHOL AND TOBACCO
SHOPS
Whereas, The Jeffersonville Department of Planning and Zoning filed an application
before the Jeffersonville Plan Commission for a text amendment to the Unified Development
Ordinance for Update to Articles 3 and 12 and Use Matrix as relates to Alcohol and Tobacco
Shops and,
Whereas,on January 28, 2025 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 a 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 amendment to the Unified Development Ordinance for Update to Articles 3 and 12
and Use Matrix as it relates to Alcohol and Tobacco Shops at the regular meeting scheduled for
February 3, 2025; 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 amendment to the Unified Development Ordinance for the
update to Articles 3 and 12 and Use Matrix as it relates to Alcohol and Tobacco Shops.
This ordinance shall be in full force and effect upon its adoption.
SO ORDAINED this 3rd day of February, 2025.
Common Council of the City of Jeffersonville, Indiana
VO D FOR: VOTED AGAINST:
R I�
4- #6110-
Evan Stoner, President
ATTES
Lisa ill
City Clerk
Prepared by:
Les Merkley
Corporate Counsel
. . . . .
DEPARTMENT OF LAW
Les Merkley,Corporation Counsel/Director of Legal Affairs
►:p 812-285-6493 office
tfiI
I:: 812-285-6403 fax
t " W www.cityofjeff.net
Vliilr0e Jeffersonville City Hall
S. 500 Quartermaster Court
Jeffersonville,Indiana 47130
BEFORE THE CITY COUNCIL OF JEFFERSONVILLE,INDIANA
IN THE APPLICATION OF THE JEFFERSONVILLE
DEPARTMENT OF PLANNING AND ZONING
FOR A TEXT AMENDMENT TO�D 12 AND USE MATRIX DEVELOPMENT RELATES TO
ORDINANCE
FOR UPDATE TO ARTICLES 3
ALCOHOL AND TOBACCO SHOPS
NOTICE OF HEARING ON APPLICATION OF THE JEFFERSONVILLE
DEPARTMENT OF PLANNING AND ZONING FOR A TEXT AMENDMENT
TO THE UNIFIED DEVELOPMENT ORDINANCE
IT RELATES TO ALCOHOL AND
ARTICLES 3 AND 12 AND USE MATRIX AS
TOBACCO SHOPS
Notice is hereby given that the Jeffersonville Department of Planning and Zoning
filed an application before the Jeffersonville Plan Commission for a text amendment to the
Unified Development Ordinance for Update to Articles 3 and 12 and Use Matrix as it relates to
Alcohol and Tobacco Shops.
A public hearing will be held on February 3,2025 at 6:00 pm in the City
Council Chambers, lst floor, City Hall, 500 Quartermaster Court,Room 101,
Jeffersonville, Indiana at which time and place all interested persons will be heard in
reference to the matters set out in said updates.
Les Merkley
Corporation Counsel
Jeffersonville City Hall
500 Quartermaster Court
Jeffersonville, IN 47130
(812) 285-6423
STATE OF INDIANA
BEFORE THE JEFFERSONVILLE PLAN COMMISSION
IN THE APPLICATION OF
Jeffersonville Department of Planning & Zoning
TO AMEND THE JEFFERSONVILLE UNIFIED DEVELOPMENT ORDINANCE
CERTIFICATION OF FAVORABLE/UNFAVORABLE/NO RECOMMENDATION
OF PROPOSED ORDINANCE
Whereas, the Jeffersonville Department of Planning & Zoning filed a petition
before the Jeffersonville Plan Commission to amend the City of Jeffersonville Unified
Development Ordinance (2021-OR-36), approving updates to
Articles 3, 12, and Use Matrix as recommended in the staff report (a copy of which is
attached as Exhibit "A"); and,
Whereas, after proper notice by publication, the Jeffersonville Plan Commission
held a public hearing on the petition on January 28,2025 and,
Whereas, at the conclusion of the hearing the Jeffersonville Plan Commission
voted by a majority vote of its entire membership to forward their recommendation on
the proposed amendment to the Jeffersonville Common Council,
IT IS THEREFORE CERTIFIED that on January 28, 2025 , the Jeffersonville Plan
Commission (circle one):
Favorably Recommends !,Unfavorably Recommends/ Provides NO Recommendation
that the Jeffersonville Common Council enact by ordinance the proposed Jeffersonville
Unified Development Ordinance amendment as requested in the petition of
Jeffersonville Department of Planning & Zoning.
So certified this 28th day of January 2025
stvLi)
Chairman
GAT y Planning Commission
Staff Report
k IA
January 28, 2025
���1 III`" N
_ Case No: ZO-25-01
Request: Update to Articles 3 and 12 and Use Matrix
"318as it relates to Alcohol and Tobacco Shops
T `v Petitioner: City of Jeffersonville, Planning & Zoning
1 Department
FRsoN
Request
Updates to Articles 3 and 12 and Use Matrix as it relates to Alcohol and Tobacco Shops.
Case Summary
The State of Kentucky has recently placed restrictions on vaping products which has led to an increase
in the number of such shops opening in Jeffersonville. Review of peer communities in Southern Indiana
has shown that Jeffersonville is much more permissive of such uses. Given the similar nature of the
use, staff decided to include alcohol sales in these restrictions as well. Furthermore, these uses shall
be prohibited from being established within 1/3 mile of a Primary or Secondary school.
These changes will help stem the tide of such shops coming into the community, particularly in highly
visible areas such as Downtown and 10th Street. Furthermore, these restrictions will help create a more
orderly process for the creation of these uses and allow for more in depth review of proliferation of
these uses.
Required Action
Make a motion to forward the ordinance revision to the Jeffersonville City Council with one of the
following options: Favorable Recommendation, Unfavorable recommendation, or No
Recommendation.
Recommended motion
"I make a motion to forward the ordinance update request (ZO-25-01) to the Jeffersonville City Council
with[insert recommendation]as presented to the Plan Commission on January 28, 2025.
Attachments
1. Ordinance Updates
Page 1 of 1 ZO-25-01
Article Three
Zone Districts
Cl District (Commercial - Medium Scale) mac;
3.4 Cl District Intent, Permitted Uses, and Special Exception Uses
District Intent Permitted Uses Special Exception Uses
The"Cl"(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, majors
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 Cl 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 or 61
commercial corridors. • photography studio • sign fabrication
• professional office1 • 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/public facilities
Zoning Appeals should also strive • banquet hall • substance abuse treatment-
to minimize lighting, parking lots • bar/night club/cigar bar4 outpatient(counseling only)7
fronting major streets,and traffic • cross fit/training center • government offices
conflicts in the Cl.District. • dance/aerobics/gymnastics/martial • library
arts studio • post office
• fitness center/gym Residential uses5
• fraternal organization/lodge/private • assisted living facility
Permitted Uses club • co-housing community
• indoor entertainment venue1.4 • dwelling:duplex
Commercial:Auto&Vehicle • theater, indoor4 • dwelling: multi-family 3-4 units
• auto accessory installation Institutional/Public Facilities • dwelling: multi-family 5-6 units
• auto repair, minors • school,higher ed.-single facility • dwelling: multi-family 7-12 units
• auto parts sales • church/temple/mosque,etc. • dwelling: multi-family> 12 units
Commercial:Food Sales/Service Miscellaneous • dwelling:single family
• butcher shop/meat market • accessory uses • dwelling:single family attached8
• convenience store without gas pumps • child care/day care:owner occupied • nursing home
• drive thru/drive in restaurant • senior living/retirement community
• food service:small scale1
• food hall/farmers market1 Additional Notes:
• grocery store 1. See definition(s)in Article 12
• micro-brew/distillery(ltd production)2 2. Production area limited to 2,000 square feet
• restaurant pub 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.
8. 200 foot maximum building length for all attached units
3-8 Jeffersonville Unified Development Ordinance
C2 District (Commercial - Large Scale) id
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 • retail 61
of Zoning Appeals should not • tattoo studio/piercing •
encourage"strip development," shop • sign fabrication
• temporary service agency • storage:indoor6
rather development in clusters that • veterinarian office/hospital Commercial:Recreation/Fitness
share resources and minimize the Commercial:Recreation/Fitness • marina
cost of public utilities and services. • banquet hall • outdoor entertainment venue1,5
The Plan Commission and Board of • bar/night club/cigar bar6 • theater,outdoor
Zoning Appeals should also strive • dance/aerobics/gymnastics/ Communications/Utilities
to minimize lighting, un-landscaped martial arts studio • public well
large parking lots,parking lots • fitness center/gym • radio/TV station
fronting major streets,and traffic • fraternal organization/lodge/private • telecommunication facility
conflicts in the C2 District. club institutional/public facilities
• 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 • church/temple/mosque,etc. • co-housing community
• auto repair, minors Residential Uses • dwelling:duplex
• auto parts sales • assisted living facility • dwelling:multi-family 3-4 units
Commercial:Food Sales/Service • nursing home • dwelling:multi-family 5-6 units
• butcher shop/meat market Miscellaneous • dwelling:multi-family 7-12 units
• convenience store without gas pumps • accessory uses • dwelling:multi-family> 12 units
• drive thru/drive in restaurant • child care/day care:owner • dwelling:single-family
• food service:small scale' occupied • dwelling:single family attached8
• food service:small scale(w/drive • Senior living/retirement community
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 8.12 for addtional standards.
8. 200 foot maximum building length for all attached units
3-10 Jeffersonville Unified Development Ordinance
CD District (Commercial - Downtown) c J
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, • retail 5(used goods)1 • dry cleaning service
and other small-scale commercial • tattoo studio/piercing shop • funeral home/mortuary
districts. • temporary service agency • pet care/grooming(no outdoor
A number of residential uses have Commercial:Recreation/Fitness kennels)
been listed as a special exception in • bar/night club/cigar bar • retail 2 or 61
the CD district and may be used to • cross fit/training center • veterinarian office/hospital
create a greater mix of commercial • dance/aerobics/gymnastics/martial Commercial: Recreation/Fitness
and residential uses in the arts studio • banquet hall/event space
Downtown. • fitness center/gym • theater,outdoor(no adult ent.)
• fraternal org./lodge/private club Commercial: Retail
Jeffersonville's Plan Commission • indoor entertainment venues •should only use this district in the •
consignment store
historic downtown area and its • theater, indoor4 Communications/Utilities
Institutional/Public Facilities • telecommunications facility(other
immediate surroundings.They should • convention/business center than micro-cellular)
strive to minimize parking lots in front • library
of or between buildings and ensure Institutional/Public Facilities
that development and encourage • museum • church,temple,or mosque
• post office • community quality design that enhances the center
• school,higher ed-single facility • office
pedestrian experience in Downtown Residential Uses • government
Jeffersonville. • police/fire station
• bed and breakfast • public park
Petitions in the CD district may be • dwelling,multi-family-duplex5 •
subject to the Jeffersonville Historicunits5 public n lot(public
center/pool private)
dwelling,multi-family-3-4 • parking lot(public or private)
District Ordinance and its guidelines. • dwelling,multi-family-5-6 units5 • school, higher education-single
• dwelling,multi-family-7-12 units5 facility
• dwelling,multi-family->12 units5 • substance abuse treatment-
• dwelling:single family5 outpatient(counseling only)?
• short-term rental(See Article 8.11)5 Residential Uses
Permitted Uses Miscellaneous Uses
• dwelling:accessory dwelling units
Commercial:Food Sales/Service • accessory uses • assisted living facility
• butcher shop/meat market • child care/day care:owner occupied • boarding house(owner occupied)
• food service:small scale • home occupation#1 • senior living/retirement community
• food/farmers market(food hall) • home occupation#2 (not assisted living/nursing home)
• grocery store
• 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 8.12 for addtional standards.
3-12 Jeffersonville Unified Development Ordinance
CH District (Commercial - Highway) cH'
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 alone
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 scale"
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)"
• retail 6(AlcoholvTobacco Sales)1
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 scale1.2 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/
The Plan Commission and Board chiropractor office
• 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: multi-family-3 to 4 units
• dwelling:single family
• short-term rental (See Article 8.11)
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 8.2 for additional standards.
3-16 Jeffersonville Unified Development Ordinance
Article Twelve
Definitions
Adjacent Property: Any property adjacent to or directly diagonal to the subject property. Properties across a public
right-of-way(ROW)are also considered adjacent. The illustration below notes the properties that would be considered
adjacent to two different subject properties.
R.O.W.
•__ Sugra
Prec
•
Adult Retail/Bookstore:An establishment having more than 10%of its stock in trade or its dollar volume books,
magazines,periodicals,or other printed matter,or photographs,films,motion pictures,video cassettes,slides,tapes,
records or other forms of visual or audio representations which are distinguished or characterized by their emphasis on
matter depicting,describing,or relating to sexual activities or sexual anatomical areas.This also includes devices,toys,
games,attire,or other items intended for adult sexual activities or used for erotic,pornographic,or related sexual
activities.
Adult Entertainment Facility: A facility(indoor or outdoor;and private or public)for audiences or individuals to
observe nudity or partial nudity of any person,or any other services appealing to or designed to appeal to erotic or sexual
appetites or inclinations.
Advisory Plan Commission: A Plan Commission serving a single local government jurisdiction established as defined
under the Indiana Code,36-7-4-200 as amended. The Jeffersonville Plan Commission is an Advisory Plan Commission.
Agriculture: The use of land for farming,dairying,pasturage,apiculture,horticulture,floriculture,viticulture,and animal
and poultry husbandry,and the necessary accessory uses for packing,treating,or storing the produce; provided, however,
that the operation of any accessory uses shall be secondary to that of the normal agricultural activities.
"Agriculture"does not include feed lots,stock yards,or the commercial feeding of garbage or offal to swine or other
animals.
Agritourism: An accessory activity at an agricultural,horticultural,or agribusiness operation where the general public
is allowed or invited to participate in,view,or enjoy the activities for recreational,entertainment,or educational
purposes, including farming,ranching,dining,sale of agricultural products,historic and cultural agricultural activities,
or natural resource-based activities.
Alcohol Retail Store: A store that primarily sells packaged alcoholic products. For the purposes of this definition
primarily means that either store devotes 10 percent or more of floor area of the retail space and/or derives 51 percent or
more of gross sales receipts from the sale of alcoholic products.
Alcoholic Products: Any beverage in liquid form which contains not less than one-half of one percent(0.5%)alcohol
by volume and is intended for human consumption.
Alley: A public right-of-way,other than a street,road,or easement that provides secondary access for the special
accommodation of abutting property.
Antenna: Any system of wires,poles,rods,reflecting discs,or similar devices used for the transmission or reception of
electromagnetic or radio waves.
Article 12: Definitions 12-3
Dwelling Two-Family(Duplex): A residential building on a single lot designed for two families.
Housing Types Comparison(per the UDO definitions)
This diagram shows the differences
Dwelling;Single Family
■ between the above dwelling types.
The black bounding boxes represent
individual lots and each colored box is
Dwelling;Two Family representative of one dwelling unit.
(Duplex) I
L
Dwelling;Multi Family
Dwelling;Single Family
Attached
Dwelling;Single Family
Attached
Dwelling Site: A site within a manufactured home park and/or mobile home park with required improvements and
utilities that is leased for the long-term placement of a manufactured home and/or mobile home.
Dwelling Unit: Any structure or portion thereof designed for or used for residential purposes as a self-sufficient or
individual unit by one family or other social association of persons and having permanently installed sleeping,cooking,
and sanitary facilities.
Easement: A grant by a property owner to specific persons,the general public,corporations,utilities,or others,for the
purpose of providing services or access to the property.
Electrical Transmission Tower: "Electrical transmission tower" means a structure that physically supports high voltage
overhead power lines. The term does not include a utility pole.
Electronic Smoking Device: Any product containing or delivering nicotine, or any other substance intended for human
consumption that can be used by a person in any manner or in any form for the purpose of inhaling vapor or aerosol from
the product. The term includes any such device, whether manufactured,distributed, marketed,or sold as an e-cigarette,
ecigar,a-pipe,e-hookah. or vape pen,or under any other product name or descriptor. Electronic Smoking Device also
includes any fitment,add-on, auxiliary or attachment type device that is designed to be utilized in conjunction with or
during the usage of an electronic smoking device.
Equipment Compound: Sec.6. As used in this chapter, "equipment compound" means the area that:(1)surrounds or is
near the base of a wireless support structure,and(2)encloses wireless facilities.
Established Setback: See definition for Average Setback.
Expressway: Any roadway that operates at a high service level,consists of limited access,is divided,carries region-
wide traffic and is generally classified as part of the interstate system.
Fall Zone:The minimum distance from the base of any tower to any property line,road,dwelling,business,
institution,or public recreational are.
12-10 Jeffersonville Unified Development Ordinance
Recreational Vehicle: A vehicular-type portable structure without permanent foundation that can be towed, hauled,or
driven and primarily designed as a temporary living accommodation for recreational,camping,and travel use and
including but not limited to,travel trailers,truck campers,camping trailers,boats,and self-propelled motor homes.A
recreational vehicle shall not be used as living quarters.
Recreational Vehicle Park: See Campground.
Registered Land Surveyor: A land surveyor properly licensed and registered or through reciprocity permitted to
practice in the State of Indiana.
Registered Professional Engineer: An engineer properly licensed and registered or through reciprocity permitted to
practice in the State of Indiana.
Regulatory Flood: A flood having a peak discharge which can be equaled or exceeded on the average of once in a 100
year period,as calculated by a method and procedure which is acceptable to and approved by the Indiana Natural
Resources Commission; Further,this flood is equivalent to a flood having a 1%probability of occurrence in any given
year.
Regulatory Floodway: The channel of a river or stream and those portions of the flood plains adjoining the channel
which are reasonably required to efficiently carry and discharge peak flow of the regulatory flood of any river or stream
and,is that area covered by floodwaters in significant downstream motion or covered by significant volumes of stored
water during the occurrence of the regulatory flood.
Residential District: Refers to the R1,R2,R3,R4,M1,M2, M3,and MP Districts.
Residential Facility for the Development Disabled/Mentally Ill(more than 4 units): A residential facility which
provides residential services for more than 4 developmentally disabled or mentally ill individuals as described in I.C. 12-
28-4.
Residential Facility for the Development Disabled/Mentally Ill(less than 4 units): A residential facility which
provides residential services for 4 or less developmentally disabled or mentally ill individuals as described in I.C. 12-28-
4.
Re-Subdivision(Re-Plat): A change in a recorded subdivision plat if such change affects any street layout or area
reserved thereon for public use or any lot line or easement;or if it affects any map or plan legally recorded.
Retail 1 (small scale): A retail establishment associated with a permanent structure selling new merchandise,with the
exception of Alcohol Retail Stores and Smoking Retail Stores,which is less than 20,000 square feet in total area.
Retail 2(large scale): A retail establishment associated with a permanent structure selling new merchandise,which is
greater than 20,000 square feet in total area.
Retail 3(with outdoor product sales): A retail establishment of any size that is associated with a permanent structure
selling goods and merchandise with displays and/or sales outside such as,but not limited to,lumber yards,nursery and
landscape centers,equipment sales, etc.This does not include a temporary rack or display of merchandise on a temporary
basis(i.e.sidewalk sale).
Retail 4(with drive-thru service): A retail establishment of any size that is associated with a permanent structure, with
the exception of Alcohol Retail Stores and Smoking Retail Stores, with some portion of sales happening via a drive thru.
Retail 5(used goods): A retail establishment of any size that is associated with a permanent structure that sells primarily
used goods such as,but not limited to,antique stores,consignment stores,thrift shops,etc.
Retail 6(Alcohol/Tobacco Sales): A retail establishment associated with a permanent structure that meets the definition
of Alcohol Retail Store or Smoking Retail Store as defined in this Article.No Retail 6 establishments shall be located
within 1/3 of a mile of a Primary or Secondary school.
12-22 Jeffersonville Unified Development Ordinance
Small Cell Facility: As used in this ordinance,a Small Cell Facility refers to
A. A personal wireless service facility(as defined by the Federal Telecommunications Act of 1996 as in
effect on July 1,2015);or
B. A wireless service facility that satisfies the following requirements:
1. Each antenna,including exposed elements,has a volume of 3 cubic feet or less
2. All antennas,including exposed elements,have a total volume of 6 cubic feet or less.
The primary equipment enclosure located with the facility has a volume of 17 cubic feet or less.The
volume of the primary equipment enclosure does not include the following equipment that is located
outside the primary equipment enclosure:
a. Electric meters.
b. Concealment equipment.
c. Telecommunications demarcation boxes.
d. Ground based enclosures.
e. Backup power systems.
f. Grounding equipment.
g. Power transfer switches.
h. Cutoff switches.
Small Cell Network: A collection of interrelated small cell facilities designed to deliver wireless service.
Smoking Retail Store: A store that primarily sells tobacco,tobacco products and/or electronic smoking devices. For the
purposes of this definition primarily means that either store devotes 10 percent or more of floor area of the retail space
and/or derives 51 percent or more of gross sales receipts from the sale of tobacco,tobacco products and/or electronic
smoking devices.
Solicitor: A person who goes from house to house,door to door,business to business,street to street,or any other type of
place to place movement, for the purpose of obtaining or attempting to obtain orders for goods,wares,products,
merchandise,other personal property,or services of which he or she may be carrying or transporting samples,or that may
be described in a catalog or by other means,and for which delivery or performance shall occur at a later time.The
absence of samples or catalogs shall not remove a person from the scope of this provision if the actual purpose of the
person's activity is to obtain or attempt to obtain orders as discussed above. For purposes of this article,the term solicitor
shall have the same meaning as the term canvasser.
Special Exception: The authorization of a use that is designated as such by this ordinance as being permitted in the
subject zone district if it meets special conditions,is found to be appropriate,and upon application, is specifically
authorized by the BZA.
Storage,Outdoor:The outdoor accumulation of goods,junk, motor vehicles,equipment, products,or materials for
permanent or temporary holding.
Story:That portion of a building included between the surface of any floor and the surface of the floor above it,or if
there be no floor above it,then the space between the floor and the ceiling above it.
Any portion of a story exceeding 14 feet in height shall be considered as an additional story for each 14 feet or fraction
thereof.A basement or walk-out basement shall not be considered a story.
Street: A right-of-way,other than an alley,dedicated or otherwise legally established for the public use,usually
affording the principal means of access to abutting property.A street may be designated as a highway,thoroughfare,
parkway,boulevard,road,avenue,lane,drive,other appropriate name.
Street,Arterial: A street with access control,restricted parking,and that collects and distributes traffic to and from
secondary arterials,as depicted by the map in Appendix D.
Street,Local: A street designed primarily to provide access to abutting properties and discourage through traffic,as
depicted by the map in Appendix D.
Street,Private: Vehicular streets and driveways,paved or unpaved,which are wholly within private property except
Article 12: Definitions 12-27
The term does not include the following:
A. Increasing the height of a wireless support structure to avoid interfering with and existing antenna.
B. Increasing the diameter or area of a wireless support structure to:
1. Shelter an antenna from inclement weather;or
2. Connect an antenna to the wireless support structure by cable.
Secondary Plat: See Plat,Secondary.
Swimming Pool: A self-contained body of water at least 24 inches deep and 8 feet in diameter or width and used for
recreational purposes. It may be above or below ground level,and shall be considered an accessory structure/use.
Telecommunications Facility: A site that houses a telecommunications tower,support structure,antennas, accessory
structures and/or associated radio or cellular communications equipment.
Telecommunications Tower: A monopole or lattice structure situated on a site used to support antennas and radio or
cellular communications equipment.
Temporary/Seasonal Merchant: A person who temporarily sets up business on a lot with a permanent structure and
active use displaying for sale,selling or attempting to sell,and delivering goods,wares,products,merchandise,or other
personal property in one single location for a period of no more than 45 days at a time and no more than 2 times in a
calendar year,nonconsecutively.
Temporary Use/Structure:A land use or structure established for a limited and fixed period of no more than 4 months
with the intent to discontinue such use or structure upon the expiration of the time period.
Theater: A facility for audio and visual productions and performing arts,excluding adult motion picture theaters and adult
entertainment businesses.
Thoroughfare Plan: See Official Thoroughfare Plan.
Tobacco or Tobacco Products: Any cigarette,cigar,snuff, smokeless tobacco product,smoking tobacco,chewing
tobacco, any kind or form of tobacco prepared in a manner suitable for chewing or smoking, or both,or any kind or form
of tobacco that is suitable to be placed in a person's mouth. The definition of Tobacco Products also includes Tobacco
Paraphernalia.Tobacco or tobacco products excludes any tobacco product that has been approved by the United States
Food and Drug Administration for sale as a tobacco cessation product,as a tobacco dependence product,or for other
medical purposes, and is being marketed and sold solely for such an approved purpose.
Tobacco Paraphernalia: Cigarette paper or wrappers, blunt wraps,pipes, holders of smoking materials of all types,
cigarette rolling machines,or other instruments or things designed for the smoking or ingestion of tobacco products or
any product containing or delivering nicotine or any other substance intended for human consumption. Tobacco
Paraphernalia also includes any fitment,add-on, auxiliary or attachment type device that is designed to be utilized in
conjunction with or during the usage of Tobacco Paraphernalia.
Tower: See Telecommunications Tower.
Transient Merchant(Street or Mobile Vendor): A person who temporarily sets up business out of a vehicle,trailer,boxcar,
tent,other portable shelter,or empty storefront for the purpose of exposing or displaying for sale,selling or attempting to sell,and
delivering goods,wares,products,merchandise,or other personal property and who does not remain in any one location for more
than 14 consecutive days.
Article 12: Definitions 12-29
Appendix A
City of Jeffersonville Land Use Matrix
City of Jeffersonville Land Use Matrix (Cont.)
LAND USE BY TYPE USE DISTRICT
Commercial Uses:General(continued) Al Cl C2 CD CH CN CO 11 12 IN IR Ml M2 M3 MP NS PR R1 R2 R3 R4
Photography studio p P P P P P
Print shop/copy center p p p p
Professional office p P P P P P
Retail 1(small scale)' P P P P p
Retail 2(large scale)3 P S
Retail 3(with outdoor product sales)4 s p p
Retail 4(with drive-thru service)5 p p P
Retail 5(used goods)6 P P S P
Retail 6(Alcohol/Tobacco Sales) S S S P
Sign fabrication S S P P P
Storage:indoor 57 S7 P P P
Storage:outdoor(enclosed with privacy fence) S S S
Tattoo studio/piercing shop p p P
Temporary service agency P P P
Specific notes:
1. If performed as a home occupation
2. Retail store selling new merchandise which is less than 20,000 square feet in total area
3. Retail store selling new merchandise which is greater than 20,000 square feet in total area
4. Retail store of any size selling with goods and merchandise for display and/or sale outside such as,but not limited to,lumber yards,nursery and landscape centers,equipment sales,etc.(not to include a temporary rack for display
of merchandise on a temporary basis(i.e.sidewalk sale)
5. Retail store of any size with some portion of sales happening via a drive thru
6. Retail store of any size that sells primarily used goods such as,but not limited to,antique stores,consignment shops,thrift stores,etc.
7. As an accessory use,maximum of 40%of building allowed,not allowed along street frontage
6