HomeMy WebLinkAbout2005-OR-35 Ordinance 2005-OR-~5
An Ordinance Amending the Zoning Code of the
City of Jeffersonville
Whereas, the Common Council of the City of Jeffersonville believes it is in the public
interest to regulate the location of comumer fireworks sales, and
Whereas, the Common Council .of the City of Jeffersonville believes it is in the public
interest to maintain the health, safety and Welfare of children in b°th primary and
secondary schools within the Corporate Boundaries of Jeffersonville; and
Whereas, the State of Indiana has enacted legislation re..gulat~g the sale of fireworks in
Indiana IC 22-11-14-1, et seq; and
Whereas, the State of Indiana makes a dist'mction of"retail" or "consmer" fireworks in
IC 22-11-13-8, and all other defined fireworks are to be sold wholesale and taken out of
the State of Indiana for usage; and
Whereas, the 2003 indiana Building Code states that any structure that is used for the
storage/sale of 500 pounds or more of 1AG(Class C) fireworks is an Group H-3
occupancy; and ~
Whereas, other materials that would classify as an Group H-3 occupancy include:
Combustible fibers, Flammable solids, Oxidizing gases, etc.; and
Whereas, Group H-3 structures as .defined by the 2003 .Indiana Building Code are
typically located within Industrial Zoning Districts; and
Whereas, the City Zoning Ordinance must be modified to reflect these changes; and
NOW, THEREFORE, THE CITY OF JEF'FE~O~LLE ZONING
ORDINANCE 2.000-OR-61 IS HEREBY AMENDED AS FOLLOWS:
Article 7, Section 7,28 is hereby amended as follows:
7.28 Consumer.or... R~ail Fireworks. Business.. Standards for.products.auth0fized under.lC
22-!!-.14,8
FW-01- This Fireworks standards section applies only in the following zoning
districts:
NI: Neighborhood Indusffi~
I1' Business Park~ight Industrial
I2: Industrial Park/Heavy Industrial
A~
g~
Any structure (temporary Or permanent) that is used for the storage/sale of
500 pounds or more of consumer fireworks, shall only be located within an
industrial zoning district.
No use that includes the storage/sale of consumer or retail fireworks of
500 pounds or mOre shall be located within 1,000 feet of a primary or
secondary school.
C~
D~
All consumer or retail, firewOrks businesses located in a zoning district that
is not industrial also requires a Special Exception approval from the Board
of Zoning Appeals.
All consumer and retail firewo~s businesses shall comply with all
development standards generally applicable to the zoning district in which
they are located.
Article 14 (Definition), Section 14.2 (Defined Words) is hereby mended by adding the
following term:
Fireworks 0: Any composition or device for the purpose of producing a visible and/or
audible effect by combustion, deflagrafion, or detonation for entertainment purposes.
Such devices include but are not limited to everything from sparklers and ground
spinners to-bottle rockets, roman candles and fire crackers. Such devices' are 1AG (Class
C) fireworks. This definition includes consumer or retail fireworks as specified in IC 22--
11-t4-8 and any other product authorized under Indiana Law for WholeSale sale to be
used outside the boundaries, of Indiana.
This Ordinance shall be in full force and effect from ~and at~r its passage and
approval.
Passexl this,
Robert L.~aiZ, Jr.
Presiding Officer