HomeMy WebLinkAbout1998-OR-25"EXHIBIT A"
ORDINANCE NO. 98-OR- ~
AN ORDINANCE REPEALING ORDINANCE NUMBER 96-OR-82
REGULATING DISTANCE BETWEEN PREMISES
USED FOR CERTAIN CHARITABLE PURPOSES
WHEREAS, the Common Council of the City of Jeffersonville (hereinafter
"Council") believes that in order to best protect the public health, safety and welfare, it
is necessary to amend the existing zoning ordinance; and
WHEREAS, the Council referred a proposal to adopt an Ordinance repealing
Ordinance No. 96-OR-82 An Ordinance Regulating Distance Between Premises Used
For Certain Charitable Purposes (Ordinance No. 96-OR-82 is attached hereto as
Exhibit "A") to the Plan Commission for its consideration and recommendation pursuant
to I.C. 36-7-4-607; and
WHEREAS, on the 31st day of March, 1998 after proper notice and publication
the Plan Commission held a public hearing on the proposed Ordinance; and
WHEREAS the Plan Commission Fade to the Common Council ~
. · ~ ~.~ - ........ :~ ~an unfavorable recommendat on) to
adopt the repealing ordinance.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Jeffersonville, Indiana, that Ordinance No. 96-OR-82 is hereby repealed.
Passed and adopted by the Common Counc..il o.f t,_,he City of J~ffersonville,
County, State of Indiana, on this ,~.¢¢. day of ~?~_~.~_,:L, I 9~___..
'Thomas R. Galligan
Presiding Qfficer
ATTEST:
C. RiCl~ard Spence///Jr. ~ ~
Clerk and Treasurer
Clark
Presented by me as Clerk and Treasurer to the Mayor of said City of
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~ TI'lomas R. G~lligarl,'lVl~or
C:\GELSENA\Ordinance\Repealing Charitable Use,wpd
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AN ORDINANCE REGULATING DISTANCE BETWEEN PREMISES
USED FOR CERTAIN CHARITABLE PURPOSES
WHEREAS, on the ~' day of October 1996, the Jeffersonville Plan
Commission ("Plan Commission") recommended the adoption of an ordinance
arfi&nding the Zoning code of the City of Jeffersonville ("the City") relating to the
distance between buildings used for certain charitable purposes; and
WHEREAS, the Common Council of the City of Jeffersonville ("the Council")
agrees that said ordinance should be adopted in accordance with the recommendation
of the Plan Commission; and
WHEREAS, the purpose of this ordinance is to prohibit certain charitable
activities from concentrating in any one area within the City thereby having a potentially
deleterious effect upon adjacent property values; ..
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Jeffersonville, Indiana, as follows:
The text of the Jeffersonville Zoning Ordinance, being Title XV of the Jeffersonville
Code of Ordinances, is hereby amended to regulate premises used for certain
charitable purposes as follews:
SECTION I
Some charitable uses, because of their nature, may have a deleterious effect upon
property values in adjacent areas. This classification of charitable uses includes the
following:
(a)
(b)
(c)
(d)
Homeless shelters;
Community kitchens;
Youth shelters;
Shelters for abused spouses.
SECTION II
The classification of charitable uses specified in paragraphs a through d in the
preceding section shall be regulated so that, absent a variance or waiver from the City
of Jeffersonville Board of Zoning Appeals it shall be unlawful to operate said charitable
uses within 2500 feet of any other such charitable use.
SECTION III
The restrictions contained in this ordinance shall be effective as to any of the charitable
use~ §pecified in paragraphs a through d in Section I, above, that were not in existence
and operating at their current location prior to July 1, 1996.
SECTION IV
Penalties. Whoever violates this ordinance, or any provision of this ordinance, shall
be fined minimum of Twenty-five Dollars(S25.00) up to a maximum of Twenty-five
Hundred Dollars ($2,500.00), plus court costs, for .each violation. In any event the fine
shall be equal to or exceed all necessary costs incurred by the City in any action taken
to enforce the provisions of this ordinance, up to maximum fine(s) allowed under this
ordinance, as stated above.
Separate Violation. A separate violation shall be deemed committed each instance
the provisions of the ordinance are not adhered to and on each day a violation
continues.
Other Remedies. In addition to requesting that a fine be levied under this ordinance ·
the City Attorney may institute an action for mandate or injunction in the Circuit or
Supedor Courts of the County to require the abatement of any activity which is
conducted in violation of this ordinance or to restrain any person or entity from
conducting any activity which has or will result in the violation of the provisions of this
ordinance.
Effective date. This ordinance shall become effective ~mmedlately affe its passage,
approval and publication as required by law.
Precedence Over Other Ordinances. In the event that the terms of this ordinance
conflict with any ordinance previously enacted by the City of Jeffersonville, Indiana, the
terms of this ordinance shall have precedence and shall supersede any inconsistent
terms or provisions of other ordinances·
Each Section Adopted Separately. Each section of this ordinance is adopted
separately· In the event that any part or section of this ordinance is deemed to be
illegal or invalid only that part or section shall be repealed. The remaining parts or
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sections of.the ordinance shall remain in effect.
Passed and adopted by the Common Councilpf the City of Je/ffersonville, Clark
County, State of Indiana, on this ~ day of /[//] ~/. ,199 ~.
Thomas R. (~alh~an ~7
Presiding Officer
ATTEST:
C. Richard Spenc~, Jr. ~,/ '
Clerk and Treasurer
Presented by m,e as Clerk and.T,[easurer to thexMayor of said City of
Jeffersonville this ~ day of /~/'~)~/'. , 199__~.
C. Richard Spencer j Jr.
Clerk and Treasurer
alfigan, I~lay~J
H:~ORDINANC~CHARtTAB.USE
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STATE OF INDIANA
BEFORE THE SEFFERSONVILLE PLAN cOMMISSION
CERTIFICATION PURSUANT
TO I.C. 36-7-4-605(a)(2)
(Unfavomble~ Recommendation)
WIt[EREAS, on February 17, 1998, the Common Council of the City Of Jeffersonville referred to the
Plan Commission for its consideration and recommendation the attached proposed ordinance marked as
"Exhibit A" to amend the zoning ordinance; and
WHEREAS, after proper notice by publication, the Jeffersonville Plan Commission held a public
heating on the proposed ordinance on March 31, 1998; and
WHEREAS, at the conclusion of the hearing the Jeffersonville Plan Commission voted by a majority
vote of its entire membership to recommend (-fe~./against) the adoption of the proposed amendment to
the zoning ordinance, that is the Plan Commission voted to recommend (-fe~/against) the repeal of
Ordinance No. 96-OR-82. In the language of I.C. 30-74-605(a)(2) the Plan commission voted to
(unfavorably/~l~') recommend the proposed amendment;
IT IS THEREFORE CERTIFIED that on Mamh 31, 1998, the Jeffersonville Plan Commission
considered the attached proposed ordinance ("Exhibit A") and conducted a public hearing wherein the
Plan Commission received public input about the proposed ordinance. The ordinance in question
proposes to repeal Ordinance No. 96-OR-82, an ordinance which regulates the distance between
premises used for certain charitable purposes. After the public hearing, the Plan Commission voted by
a majority vote of its entire membership (.f~./against) the repeal of ordinance No. 96-OR-82. The
undersigned, therefore, pursuant to I.C. 36-7-4-605(a)(2) certifies that the Plan Commission makes an
(unfavorable/f~,~,mtd'~) recommendation to the Common Council of the City of Jeffersonville to
amend or partially repeal the zoning ordinance as proposed in "Exhibit A".
ERTIFIED this 31s~ day of March, 1998. ~, .~ .~
SO C ~ ~ ~
~.-.'~ ] ~,,,,,~ ],f /.
Jeffersonville Plan Commission