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Home My WebLink About2025-OR-48 (FAILED) Ordinance for an Update to Article 10 of the UDO as it Pertains to Processes & Procedures 6 1 klL /o/ad1/4S--- STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2025-OR- 7b AN ORDINANCE FOR AN UPDATE TO ARTICLE 10 OF THE UNIFIED DEVELOPMENT ORDINANCE AS IT PERTAINS TO PROCESSES AND PROCEDURES Whereas,The Jeffersonville Department of Planning and Zoning filed an application before the Jeffersonville Plan Commission for an update to Article 10 of the Unified Development Ordinance as it pertains to processes and procedures and, Whereas,on September 30, 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 Update to Article 10 of the Unified Development Ordinance as it pertains to processes and procedures at the regular meeting scheduled for October 6, 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 Update to Article 10 of the Unified Development Ordinance as it pertains to processes and procedures. This ordinance shall be in full force and effect upon its adoption. SO ORDAINED this 6th day of October, 2025. Common Council of the City of Jeffersonville, Indiana VOTED FOR: VOTED AGAINS : lit te- c etf., 10/11/2-- Evan Stoner, President ATTES Lisa ill City Clerk Prepared by: Les Merkley Corporate Counsel CITY OF JEFFERSONVILLE DEPARTMENT OF LAW Les Merkley,Corporation Counsel/Director of Legal Affairs GAT Y Off. 812-285-6493 office W/ w��A ! 812-285-6403 fax "WO" W www.cityofjeff.net FRSO�` Jeffersonville City Hall 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 AN UPDATE TO ARTICLE 10 OF THE UNIFIED DEVELOPMENT ORDINANCE AS IT PERTAINS TO PROCESSES AND PROCEDURES NOTICE OF HEARING ON APPLICATION OF THE JEFFERSONVILLE DEPARTMENT OF PLANNING AND ZONING FOR AN UPDATE TO ARTICLE 10 OF THE UNIFIED DEVELOPMENT ORDINANCE AS IT PERTAINS TO PROCESSES AND PROCEDURES Notice is hereby given that the Jeffersonville Department of Planning and Zoning filed an application before the Jeffersonville Plan Commission for an update to Article 10 of The Unified Development Ordinance as it pertains to processes and procedures. A public hearing will be held on October 6,2025 at 6:00 pm in the City Council Chambers, 1st 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 POSTED AND EMAILED ON October 1,2025 TO THE FOLLOWING: The News and Tribune- daniel.suddeath@newsandtribune.com The News and Tribune-newsroom@newsandtribune.com City of Jeff-www.cityofjeff.net Live Transmissions of meeting and archived copies of live transmissions of meeting can be found at: https://vimeo.com/cityofjeff Public Meeting Notices and Agendas can be found at http://services.cityofjeff.net/WebLink/ 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 Article 10 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 September 30,2025 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 September 30, 2025 , the Jeffersonville Plan Commissi6rcle-o • Favorably Recommends Unfavorably Recommends/ Provides NO Recommendation that the Jeff rseriVille Common Council enact by ordinance the proposed Jeffersonville ni Development Ordinance amendment as requested in the petition of Jeffersonville Department of Planning & Zoning. So certified this 30th day of September 2025 `fvl,t,�,f' � /��. ' Chairman 01- 04", Planning Commission * y� Staff Report •� September 30, 2025 * _ Case No: ZO-25-05 Request: Update to Article 10, Processes and Procedures Petitioner: City of Jeffersonville, Planning & Zoning �� Department T FRS V4 Request Updates to Article 10, Processes and Procedures Case Summary The Planning and Zoning Department is proposing an update to Article 10 as it relates to the procedures for applying for a Zoning Map Amendment. 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-25-05) to the Jeffersonville City Council with (insert recommendation]as presented to the Plan Commission on September 30, 2025. Attachments 1. Ordinance Updates Page 1 of 1 ZO-25-05 Article Ten Processes and Procedures 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 fmal 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 by City Council or withdrawal of said petition following a Plan Commission hearing 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. I Article 10: Processes and Procedures 10-15