Section
General Provisions
156.01 Purpose
156.02 General provisions
156.03 Administration
156.04 Districts and maps
156.05 Definitions
156.06 City of Jeffersonville Municipal Plan Commission; jurisdiction
Zoning Districts/Zones
156.20 C1 Conservancy Zone
156.21 A1 Agricultural Zone
156.22 R1 Single-Family Residential
156.23 R2 Two-Family Residential
156.24 R3 Multi-Family Residential
156.25 B1 Limited Business
156.26 B2 Community and Roadside Business
156.27 B3 General Business
156.28 M1 Light Industrial
156.29 M2 Heavy Industrial
156.30 M3 Hazardous Waste Disposal District
156.31 Supplemental Fill Operations District
156.32 I-265 Corridor Overlay District (I-265 COD)
Other Zoning Regulations and Provisions
156.45 On-premises signs
156.46 Outdoor advertising displays/off-premises signs/billboards
156.47 Board of Zoning Appeals
156.48 Special uses
156.49 Planned Unit Developments
156.50 Development plans
156.51 Mobile homes
156.52 Airport Overlay District
156.99 Penalty
GENERAL PROVISIONS
(A) The purpose of this chapter is to promote the public health, safety and general welfare of the county residents, to enhance the use and enjoyment of property, and to provide for the regulation of land use in the community, while preserving the right of the individual property owner to use and enjoy his or her property.
(B) These purposes require a zoning ordinance which will define the districts into which the county is divided, the restriction on the uses within the districts, and the minimum standards for the use of buildings, structures and the land within the districts.
(Ord. 17-2007, passed 12-18-2007)
(A) Title. The official title of this chapter is the “Zoning Ordinance of Clark County, Indiana”.
(B) Authority. This chapter is adopted pursuant to Public Law 309, Acts of 1981 of the General Assembly of Indiana, being I.C. 36-7-4, and all acts supplemental and amendatory thereto.
(C) Compliance. No structure shall be located, erected, constructed, reconstructed, moved, converted or enlarged; nor shall any structure or land be used or designed to be used, except in full compliance with all provisions of this chapter and after lawful issuance of permits required by this chapter.
(D) Application. It is not intended by this chapter to interfere with, abrogate or amend any existing easements, covenants or other agreements between parties, nor is it intended by this chapter to repeal, abrogate, annul or in any way interfere with any existing provisions of laws or ordinances not specifically repealed by this chapter, or any rules, regulations or permits previously adopted or issued pursuant to law relating to the use of buildings or premises provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises than is imposed by existing provisions, provisions of this chapter shall control. This chapter shall not affect valid private covenants.
(E) Jurisdiction. This chapter shall apply to all unincorporated land within the county, but including all of the Town of Borden.
(F) Nonconforming structures and uses. A nonconforming structure or use lawfully existing prior to the effective date of this division (F) may be continued and maintained except as otherwise provided in this section. A nonconforming structure may be repaired in the interior or exterior or altered in the interior, provided no structural change shall be made except as herein provided. No nonconforming structure shall be moved in whole or in part to any other location on the lot on which it is located unless every portion of the structure is made to conform to all requirements of the district in which it is located. A nonconforming use may be changed only to a use within the same or a more restrictive zoning district classification, provided any nonconforming structure is not expanded. A nonconforming use shall not be expanded or extended into any other portion of a structure or into any other portion of such lot. Whenever a nonconforming use has been discontinued for a period of six months, such use shall not be reestablished and use thereafter shall conform to the requirements of this chapter. No structure which has been damaged by fire, explosion, act of God or other casualty, to the extent of 50% or more of its fair market value, shall be restored, repaired or rebuilt except in conformity with the provisions of this chapter.
(G) A nonconforming structure or use located in the path of the march 2, 2012 tornado buffer zone as shown on the Clark County GIS map may be continued, maintained, repaired, rebuilt, reconstructed, and/or restored so long as:
(1) The nonconforming structure or use lawfully existed on March 2, 2012;
(2) The owner of the land obtains a location improvement permit on or before December 31, 2012; and
(3) The structure was damaged or destroyed by the March 2, 2012 tornado;
(4) The owner complies with the applicable state and federal laws, rules and regulations.
(Ord. 17-2007, passed 12-18-2007; Ord. 15-2012, passed 4-12-2012)
(A) Administration. The administration of this chapter shall be in accordance with I.C. 36-7-4 et seq.
(B) Authority of Plan Commission, Board of Zoning Appeals and staff. The Plan Commission, Board of Zoning Appeals and staff shall be authorized to perform the following duties.
(1) The Plan Commission is hereby authorized to perform those duties and functions specified in I.C. 36-7-4-400 et seq. and other applicable sections of state law and such other responsibilities as may be assigned to it from time to time by the Board of Commissioners. The Plan Commission shall adopt written rules of procedure for the administration of the affairs of the Plan Commission and its staff for investigations and hearings.
(2) The Board of Zoning Appeals is hereby authorized to perform those duties and functions specified in I.C. 36-7-4-900 et seq. and other applicable sections of state law. The Board shall adopt written rules of procedure pertaining to the administration of this chapter and the conduct of hearings.
(3) The staff is authorized to take those lawful actions necessary to enforce the terms of this chapter on behalf of the Plan Commission and Board of Zoning Appeals. The staff shall also have the authority to perform inspections, to review applications and to issue permits. The staff is authorized to make inspections of all lands located in the jurisdiction of the Plan Commission or to enforce the provisions of this chapter. In order to execute inspections, the staff shall have the right to enter any premises at any reasonable time for the purpose of carrying out their duties in the enforcement of this chapter. The staff is authorized to take any action authorized under I.C. 36-7-4 et seq. to correct such violations.
(C) Building/location permits.
(1) A location improvement permit (building permit) shall be required for the construction, reconstruction, enlargement or location of any building, structure, manufactured housing or mobile home on any lot or lots. No permit shall be issued until all other permits required under this chapter have been issued. The permit shall expire if the work described in the permit has not commenced within 12 months of the date of the permit or if substantial completion (ready for occupancy and/or utilization for its intended use and with all exterior construction completed) is not achieved within 24 months from the date of the permit. Prior to the issuance of a location improvement permit the applicant(s) shall submit a copy of the most recent deed or land contract, a plot plan showing the exact location and measurements of existing and proposed structure(s) and either written approval from the county or State Board of Health approving a sanitary sewage disposal system for the subject property or written approval from a legally established and maintained public or private utility approved by the state permitting connection to or confirming prior connection to a sanitary sewer system.
(2) A location improvement permit shall also be required for the construction of a driveway, entrance, dam, culvert, bridging structure or any other improvement requested to be constructed in any right-of-way of the county. The application shall be accompanied by a drawing of the proposed improvement. The permit may be denied if the proposed improvement is deemed a hazard to the safety of persons traveling the road. If granted, the applicant may be required to install a minimum of 12-inch galvanized steel culvert pipe in order to insure proper drainage past the improvement to be built. The culvert, if required, shall be installed at the sole cost of the applicant.
(3) A location improvement permit shall also be required for the placement of an above ground swimming pool.
(4) Each above ground swimming pool shall be enclosed by a substantial fence or other barrier of at least 60 inches in height, which shall be adequate to prevent persons, children or domestic animals from danger or harm, and shall be equipped with a self-closing, self-latching gate. Such protective barrier may be chain-link, ornamental, solid fence or other solid vertical barrier including buildings. Where the pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access or a ladder or steps, then the ladder or steps shall be capable of being secured by lock or removed to prevent access, or the ladder or steps shall be surrounded by a protective barrier. The protective barrier shall be so constructed as to prevent the passage of a four-inch diameter sphere and not to create a ladder effect.
(D) Questions of interpretation. It is the intent of this chapter that all questions of interpretation shall be first presented to the staff. Appeals of staff decisions interpreting this chapter may be presented to the Board of Zoning Appeals as provided for in § 156.47.
(E) Platting, replatting and parcelization of land.
(1) A parcel of land platted or parcelized after the effective date of this chapter must conform to the minimum lot area, setbacks and lot width established for the district in which it is located, and must conform to all requirements set forth in Chapter 155, the subdivision control ordinance of the county.
(2) All splits must have a plat prepared by a licensed professional land surveyor and approved by the Plan Commission before the lot is recorded by the Recorder and Auditor and said plat shall be recorded with the deed. Parcels with existing buildings or structures must comply completely with this chapter and the subdivision control ordinance. Parcels which do not ever create building sites are not required to meet the lot size and width requirements.
(F) Amendments.
(1) A proposal to amend the zoning maps incorporated by reference in this chapter shall be submitted to the Plan Commission and may be initiated by a member of the Board of Commissioners of the county, the Plan Commission or by a petition submitted by a property owner of the property affected by the proposed amendment to the zoning maps. All proposals to amend the zoning maps must be submitted, reviewed and acted upon in the manner prescribed by I.C. 36-7-4-608; I.C. 36-7-4-608.5; I.C. 36-7-4-609 and I.C. 36-7-4-610. In addition to the requirements set forth in the referenced statutes, a petition to amend the zoning maps must also be submitted in the form which complies with the rules and regulations of the Plan Commission.
(2) A proposed ordinance for the amendment or repeal of the zoning ordinance must be referred to the Plan Commission for consideration and report before the Board of Commissioners of the county takes any final action. Upon receiving or initiating a proposed ordinance the Plan Commission shall, within 60 days, hold a public hearing on the proposed ordinance.
(a) Notice of the public hearing shall be published one time at least ten days before the date of the Plan Commission hearing.
(b) The petitioner must mail a notice of the hearings by certified mail, return receipt to each of the abutting property owners no less than ten days prior to the Plan Commission hearing. In the event there are less than five abutting property owners, the petitioner must notify the abutting property owners and the next closest property owners so that a minimum of five property owners closest to the subject property are properly notified.
(c) Cost of the notices, including publication, shall be borne by the petitioner.
(d) In addition to all other notices as required by this chapter or state law, notice of all hearings before the County Plan Commission, with the exception of subdivision final plats, shall be posted in a conspicuous place on the subject property along all road frontage of the subject property at least every 500 feet at least ten days prior to the date of the hearing. Such signs shall be no smaller than 22 inches in height and 28 inches in width and shall bear lettering large and bold enough to be read from the road frontage. Each such notice shall state as a minimum: “The owner of this property has made a request before the Clark County Plan Commission on a proposed (rezoning, subdivision and the like). A public hearing will be held on the request at Room 308, County Building, Jeffersonville, Indiana, on the ___ day of __________, 20__, at ____ o’clock___.m.”
(3) Signs may be purchased in the Plan Commission Office.
(4) All signs shall be removed within ten days following final action.
(5) Any other amendments to the text of this chapter shall be effectuated in the manner prescribed by I.C. 36-7-4-602, I.C. 36-7-4-603, I.C. 36-7-4-604, I.C. 36-7-4-605, I.C. 36-7-4-606 and I.C. 36-7-4-607.
(Ord. 17-2007, passed 12-18-2007; Ord. passed 5-29-2008; Ord. passed 9-17-2009)
(A) Zoning maps.
(1) The current zoning maps for each township section in the county are hereby adopted as part of this chapter. Zoning maps shall be kept on file and available for examination at the offices of the Plan Commission.
(2) The FO District is hereby established as an overlapping district, covering the entire jurisdictional area of the County Plan Commission.
(B) Flood insurance rate maps. The floodplain districts (areas subject to inundation by the regulatory flood) as identified by the Federal Insurance Administration in a scientific and engineering report entitled “The Flood Insurance Study for the County of Clark” with accompanying flood insurance rate maps and flood boundary-floodway maps along with any subsequent revisions to the text or maps are hereby adopted by reference and declared to be a part of this chapter. The flood insurance study is on file at the office of the County Plan Commission.
(C) Zoning districts. The county is divided into the districts stated in this chapter as shown by district boundaries on the zoning maps. The districts are:
(1) C1 Conservancy Zone;
(2) A1 Agricultural Zone;
(3) RP Patio Home Residence Zone;
(4) R1 One-Family Residence Zone;
(5) R2 Limited Multiple-Family Residence Zone;
(6) R3 Multi-Family Residence Zone;
(7) B1 Limited Business Zone;
(8) B2 Roadside Business Zone;
(9) B3 General Business Zone;
(10) M1 Light Industrial Zone;
(11) M2 Heavy Industrial Zone;
(12) M3 Hazardous Waste Disposal;
(13) FO Fill Operations District; and
(14) I-265 COD I-265 Corridor Overlay District.
(D) Determination and interpretation of district boundaries.
(1) In establishing the boundaries of the districts and the regulations applicable to these districts, due and careful consideration has been given to the existing conditions to characterize the intention of each district, the most desirable use for which the land in each district may be adapted and the conservation of property values throughout the unincorporated territory of the county.
(2) Where uncertainty exists as to the exact boundaries of any district as shown in the zone map, the following rules shall apply.
(a) In an unsubdivided area where a district boundary divides a lot, the exact location of the boundary shall be determined by use of the scale of the zone map.
(b) In the case of further uncertainty, Plan Commission shall interpret the zoning map for the location of the boundary in question.
(E) Procedure for vacated areas. Whenever any street, alley, public way, railroad right-of-way, waterway or other similar area is vacated by proper authority, the districts adjoining each side of such street, alley, public way, railroad right-of-way, waterway or similar area should be extended automatically to the center of such vacation. All areas included in the vacation shall then and thenceforth be subject to all appropriate regulations of the extended districts.
(Ord. 17-2007, passed 12-18-2007; Ord. 15-2012, passed 4-12-2012)
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