HomeMy WebLinkAbout1996-R-42 RESOLUTION NO. 96-R- ~
RESOLUTION REFERRING PROPOSAL
TO AMEND ZONING ORDINANCE
WHEREAS, the Common Council of the City of Jeffersonville, Indiana
(hereinafter the 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 in order to amend the existing zoning ordinance, the Council must
refer its proposal for amendment to the Jeffersonville Plan Commission for its
consideration and recommendation pursuant to the requirements of I.C. 36-7-4-607(b).
NOW THEREFORE the Council does hereby refer one proposal for amendment
to the Jeffersonville Zoning Ordinance attached hereto as Exhibit "A" to the Plan
Commission for its consideration and recommendation pursuant to I.C. 36-7-4-607.
Passed and adopted this '~'~ day of ~'~--~ ., 1996 by the
Common Council of the City of Jeffersonvill.e, C.,I,.'~k Co~a.~ .%
ATTEST:
C. Richai:d Spencer, Jr."
Clerk and Treasurer
Presented by ,rr~s Clerk and Treasurer to the Mayor of said City of
Jeffersonville this ;-/"~-~ day of ~'~--.~, 199_._.~.
J .
C. Richa~dSpencer, Jr.
Clerk and Treasurer
Approved and signed by me this ~;~'~'~day of .~.~'~_z~:>, 199.___~.
O~EL~^~LU~O,,.G~D '~l~omas R. Galli'ga~layor
"EXHIBIT A"
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
amending 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 follows:
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
uses specified 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
Superior 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 immediately after 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
sections of the ordinance shall remain in effect.
Passed and adopted by the Common Council of the City of Jeffersonville, Clark
County, State of Indiana, on this __ day of ,199__.
Thomas R. Galligan
Presiding Officer
ATTEST:
C. Richard Spencer, Jr.
Clerk and Treasurer
Presented by me as Clerk and Treasurer to the Mayor of said City of
Jeffersonville this __ day of ,199__.
C. Richard Spencer, Jr.
Clerk and Treasurer
This Ordinance approved and signed by me this
199__.
day of
Thomas R. Galligan, Mayor
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