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(A) Intention of district. This district is restricted to facilities for the disposal; destruction, or recycling of toxic chemicals, radioactive wastes, heavy metals, asbestos and other forms of hazardous waste whether through incineration, land filling or other mechanical, chemical or technological means.
(B) Permitted uses. No building, structure or premises shall be used, arranged or designed to be used except for one or more of the following uses:
(1) Any use permitted in the M2 District (no day care centers or churches);
(2) Landfill;
(3) Waste transfer facilities;
(4) Recycling facilities and related operations; and/or
(5) Storage processing and recycling of hazardous materials.
(D) Lot size. The minimum lot size shall be as follows.
(1) Area: 40,000 square feet.
(2) Frontage: 200 feet.
(E) Setback lines. The minimum setback lines in a M3 District shall be as follows.
(1) Front: the front yard setback shall be determined, with reference to the United States Department of Transportation Functional Roadway Classification System, in the manner provided as follows.
(a) For lots located on a major collector, the front setback shall be a distance of 70 feet from the center of the paved roadway.
(b) For lots located on interstates, expressways or other principal arterials, the front setback shall be a distance of 60 feet from the right-of-way.
(c) For lots located on a minor collector, the front setback shall be 70 feet from the center of the paved roadway.
(d) For local or minor streets, the front setback shall be 50 feet from the center of the paved roadway.
(2) Side and rear: no limits when a lot line abuts other business or industrial district lot lines.
(3) Special setback requirements: no M3 use shall be located within one mile of any other business, residence, church, school, health care facility or child care facility as measured from the point of admission discharge or regulate activity to the nearest property line.
(F) Landscaping and buffers. An area 25 feet width running along the front of the subject property measured from the right-of-way line or even in the right-of-way, one cannot be determined from the nearest edge of the paved roadway and an area ten feet in width along the rear and ten feet along each side of the subject property shall maintain a natural material utilized for landscaping purposes. Said landscaping materials shall include appropriate vegetation, durable plants and trees such as pine and evergreen species from the front of the building line to the rear.
(G) Height restrictions. The maximum building height permitted shall be 40 feet provided that additional height shall be permitted to the maximum extent of 100 feet when additional setback distance is provided to the minimum extent of two feet for each five feet in height over such 40 feet.
(H) Performance standards. Prior to the issuance of an improvement location permit, the following requirements shall be met:
(1) Plans and specifications for proposed sewage disposal facilities unless a connection is made to a public sewer industrial waste treatment disposal facilities shall be submitted to in a written approval obtained from all appropriate state, federal and local agencies;
(2) Written approval of proposed connection to a public sewer shall be obtained from said utility;
(3) Plans and specifications for proposed storm drainage facilities shall be submitted in written approval obtained from the county engineer in addition to all necessary permits which must be obtained from all state agencies;
(4) Legal description of the property included in the request;
(5) Drawing indicating existing features of the site and property within one-half mile of the site including vegetation, water features, topography, soil characteristics, flood hazard areas, drainage structure, land uses, zoning, groundwater levels and groundwater gradient, and other pertinent features;
(6) Site plan showing the details of the proposed development, including proposed structures, fill areas and maximum heights of fill, barrow areas, access drives, parking area screening and/or buffering, and other similar information which the staff may reasonably require given the nature of the proposed use; and
(7) Any use in this district must meet all applicable construction, operating standards of all local, state and federal regulatory agencies including, but not limited to, County Health Department, State Board of Health, State Department of Environmental Management and United States Environmental Protection Agency.
(I) Off-street parking and loading. Wholesale storage and manufacturing establishments shall have one space for each two employees per shift. Every building or structure used for loading and unloading of vehicles on premises shall have one loading berth if less than 10,000 square feet, two loading berths if between 10,000 and 25,000 square feet, and one berth for each additional 25,000 square feet up to 200,000 square feet (nine berths required), then one berth for each additional 200,000 square feet of floor area.
(Ord. 17-2007, passed 12-18-2007)
(A) This district is an overlapping district covering the entire jurisdictional area of the County Plan Commission.
(B) Uses permitted: fill operations on or adjacent to private ponds.
(C) All earth disturbing activity must go before the County Drainage Board for approval.
(Ord. 17-2007, passed 12-18-2007)
(A) Intention of district. The intent of the I-265 Corridor Overlay District is to promote aesthetics and compatible uses surrounding the future I-265 Corridor. In anticipation of the future I-265 extension leading to a new East End Bridge, this area is prime for development. The purpose of this district is to maximize the area’s potential and ensure that future development is compatible with existing uses.
(1) The I-265 Corridor Overlay District adds development standards and guidelines to the existing underlying zoning district. All properties within the District are subject to the underlying zoning district in which they are located, unless other requirements are specifically established by the I-265 Corridor Overlay District. In this case, the I-265 COD requirements shall take precedence.
(2) The I-265 Corridor Overlay District surrounds the future I-265 extension. The new portion of I-265 will run from the existing I-265 and SR 62 interchange to the new Ohio River Bridge that will be located to the northeast of Utica. The I-265 Corridor Overlay District is essentially bounded by the River Ridge Commerce Center to the north, the Ohio River to the east, the Utica and Jeffersonville boundaries to the south, and S.R. 62 to the west. Refer to the I-265 Corridor Overlay District Map (Figure 1) for the actual boundaries of the district. If the district boundary runs through a property, then any property that is 50 percent or more within the district must follow the regulations of the I-265 Corridor Overlay District. Because the district first takes effect after adoption of this chapter, all uses and structures in this district existing prior to the adoption of this chapter, which would not conform to these regulations, may continue as such until the property changes its use. This district only applies to properties in unincorporated county. If the City of Jeffersonville or Utica were to annex properties located within this district, these regulations would no longer be applicable for such properties.
(B) Location. The I-265 Corridor Overlay District is essentially bounded by the River Ridge Commerce Center to the north, the Ohio River to the east, the Utica and Jeffersonville boundaries to the south, and SR 62 to the west. Refer to the I-265 Corridor Overlay District Map (Figure 1) for the actual boundaries of the district.
(C) Permitted uses. Permitted uses within the I-265 Corridor Overlay District are subject to the requirements of the underlying zoning district for the individual property. Exceptions are the I-265 COD prohibited uses listed below.
(D) Prohibited uses. The following uses shall not be permitted within the I-265 Corridor Overlay District:
(1) Adult entertainment establishments;
(2) Automobile parts recycling facilities;
(3) Billboards and off-site/outdoor advertising;
(4) Flea markets;
(5) Land clearing and inert debris landfills;
(6) Sanitary landfills and/or other similar refuse or garbage processing facility;
(7) Mines and quarries;
(8) Mobile home parks;
(9) Scrap yards;
(10) Penal and correctional facilities;
(11) Land or structure(s) used for the storage of junk or salvage, business selling principally junk or salvage;
(12) Electronic message boards and/or signs with flashing, moving, rotating or intermittent lights, or animated messages;
(13) Utility installations, including but not limited to electric power or steam generating plants;
(14) Mineral extraction, storage or processing;
(15) Livestock sale or auction stockpens;
(16) Confined animal feeding and/or breeding operations; and
(17) Gun clubs, skeet shoots or target ranges.
(E) Minimum floor area. Minimum floor area for structures within the I-265 Corridor Overlay District is subject to the requirements of the underlying zoning district for the individual property.
(F) Maximum floor area. Maximum floor area (if applicable) for structures within the I-265 Corridor Overlay District is subject to the requirements of the underlying zoning district for the individual property.
(G) Setback lines. Minimum setback lines for structures within the I-265 Corridor Overlay District are subject to the requirements of the underlying zoning district for the individual property.
(H) Landscaping and buffering. Landscaping and buffering within the I-265 Corridor Overlay District are subject to the requirements of the underlying zoning district for the individual property. Exceptions are the additional screening requirements for mechanical equipment, outside storage and trash collection (i.e., dumpsters).
(1) Screening of mechanical equipment.
(a) All nonresidential uses must screen all roof, ground and wall mounted mechanical equipment (i.e., heating and air conditioning units, duct work, transformers and the like) from view at ground level on adjacent properties or public streets.
(b) Screening shall result in mechanical equipment that appears to be part of the primary building rather than separate from the building.
(c) Roof-mounted mechanical equipment shall be screened from view on all sides by materials consistent with the primary building materials.
(d) Ground and wall mounted mechanical equipment screening shall be constructed of evergreen shrubs or other planting screens that create a solid screen all year long; brick, stone or other masonry materials that are similar to the primary building; or fences built with pressure treated wood or similar materials that create a solid screen.
(2) Screening of outside storage and trash collection.
(a) Outside storage and trash collection shall be located on the side or rear of the building and screened from view on adjacent properties or public streets.
(b) Screening shall be a minimum of seven feet tall or a minimum of one foot above the top of the storage materials or trash bin/dumpster.
(c) Screens shall be constructed of evergreen shrubs or other planting screens that create a solid screen all year long; brick, stone or other masonry materials that are similar to the primary building; shrubs or other planting screens; or fences built with pressure treated wood or similar materials that create a solid screen.
(I) Height restrictions. The maximum building height for structures within the I-265 Corridor Overlay District is subject to the requirements of the underlying zoning district for the individual property.
(J) Lot coverage. The maximum lot coverage for structures within the I-265 Corridor Overlay District is subject to the requirements of the underlying zoning district for the individual property.
(K) General off-street parking and loading requirements. Off-street parking and loading within the I-265 Corridor Overlay District is subject to the requirements of the underlying zoning district for the individual property.
(L) Signs. There shall be no off-premise signs (i.e., billboards) placed within the I-265 Corridor Overlay District. All signs within the I-265 Corridor Overlay District are subject to those provisions set forth in § 156.45.
(Ord. 17-2007, passed 12-18-2007)
OTHER ZONING REGULATIONS AND PROVISIONS
(A) Purpose. This section is intended to provide reasonable standards for signs utilized for identification of an owner’s business or industry while discouraging their proliferation, disrepair or garishness.
(B) Placement.
(1) A sign means an identification description, display or illustration which is affixed to, painted or represented directly or indirectly on a building or land and which directs attention to product, person, business or service associated or offered as the primary use, business or activity on the premises.
(2) A sign may not be erected or placed in any district with the exception of those signs listed in division (C) below, until a zoning use permit has been issued by the Plan Commission.
(a) Items needed for a zoning use permit:
1. Plot plans showing the exact location of the sign; and
2. Frontal elevation showing size of sign and height above street elevation.
(b) Each sign requiring a permit shall display the permit number.
(c) Signs erected prior to this subchapter shall have six months from the effective date of this code to comply with this section.
(3) The minimum setback of freestanding signs from street right-of-way shall not be less than those given in the County Chart for On-Premises Signs. Setbacks shall be measured to the nearest point of the sign to the edge of the right-of-way.
(4) The area of a sign shall be determined by the smallest circle, triangle, or rectangle that can be used to enclose the sign, exclusive of supporting members that bear no message.
(5) No sign shall be erected higher than 60 feet above ground level unless a height variance is granted by the Board of Zoning Appeals.
(C) Exemptions.
(1) The following signs are exempt from the requirements of this chapter:
(a) Signs not exceeding two square feet in area which identify the names and addresses of occupants but do not denote commercial activity;
(b) Flags and insignias of a governmental unit, church or non-profit organization except in connection with a commercial promotion;
(c) Legal notices, identification, informational, warning, trespassing or directional or architectural features of buildings;
(d) Memorial plaques and historical markers;
(e) Integral decorative or architectural features of buildings;
(f) One real estate sign for each frontage, not exceeding six square feet, indicating the sale, rental or lease of the premises. These signs shall be removed within two weeks after the sale, rental or lease; and
(g) Traffic or directional signs placed by a municipality of state.
(2) An exempt sign may be illuminated but may not be flashing or animated.
(D) Maintenance and removal.
(1) When the product, person, business or service that is advertised on a sign is abandoned or altered, the sign must be removed within 60 days or altered to depict an existing product, business or service on the premises. The owner and tenant of the land are equally responsible for removal or alteration of the sign.
(2) A sign is considered not to be functional when its essential elements are no longer readable, when it is materially obstructed from view, or when a condition of dilapidation exists.
(3) The Building Commissioner has the right of entry to inspect signs to determine whether they are functional. If the Building Commissioner determines that a sign is not functional, he or she shall send written notice to the owner of the sign to remove, alter or repair the sign. If the owner does not comply within 60 days, the Building Commissioner shall order removal of the sign at the owner’s expense.
(E) Temporary sign permits.
(1) The following signs are permitted only with the issuance of a temporary sign permit:
(a) Signs advertising a special event. Issuance of the permit shall be for a maximum of ten days;
(b) One sign for each street frontage of premises of buildings that are being constructed, demolished or remolded to announce the character of the building enterprise. This sign may not exceed 64 square feet in area. Issuance of the permit shall be for period of the construction, demolition or remodeling;
(c) One sign not to exceed ten square feet in area for each street entrance to a subdivision to advertise the sale, rental or lease of real property. The sign may not be erected until the subdivision has been recorded and approved. Issuance of the permit shall be for 12 months;
(d) One sign not to exceed six square feet in area for each model home, temporary office or model apartment in subdivision. The sign must be solely for direction or for promotion of the use. Issuance of a permit shall be for six months with renewal by the Plan Commission for a three-month period; and
(e) Portable, folding or moving signs. Issuance of the permit shall be for a maximum of 30 days. A portable sign may not be placed closer than ten feet to a street or highway right-of-way or where it blocks traffic vision.
(2) All temporary signs must conform to the requirements of this chapter and are subject to the inspection, removal and penalties provided by this chapter.
(F) Prohibited signs. The following signs are prohibited:
(1) Signs or posters affixed to telephone and utility poles, trees or other structures on public right-of-way;
(2) A sign placed over or in a public street or highway right-of-way;
(3) A sign erected at a location where it may interfere with, obstruct the view of, or be confused with a traffic or railroad sign or signal, or oncoming traffic, or where it would present a traffic hazard as determined by the County Highway Engineer;
(4) Display lights resembling danger or emergency lights;
(5) Use of the words, “stop”, “danger”, “look” or any other word which would confuse traffic;
(6) Rotating or revolving beams of light;
(7) Placement or projection of a sign nearer than 24 inches to a street or highway right-of-way line;
(8) Flashing, moving or intermittent lights except white of low intensity; and
(9) Strobe lights.
(G) Provisions for theaters.
(1) Attraction boards located on the premises of a theater shall not be included in the calculation of the 40% maximum coverage requirements set forth in the County On-Premises Sign Chart.
(2) Use of the words, “stop”, “danger” and “look”, may be used only when they are part of attraction title, but may not be used in such a way that they simulate official traffic warnings.
(H) Permitted signs by district.
(1) In any district, a sign conveying only instructions related to the premises on which it is maintained may be erected so long as the area of the sign does not exceed three square feet and the sign is located at least six feet from any curb, and they must not be creating a traffic hazard.
(2) In all districts, identification and instructional signs may not be erected or maintained unless they conform to the requirements shown on the County Chart for On-Premises Signs.
Clark County Chart for On-Premises Signs | ||||
District | C1, A1, R1, R2, RP | R3, B1, PUD | B2, B3 | M1, M2, M3 |
Clark County Chart for On-Premises Signs | ||||
District | C1, A1, R1, R2, RP | R3, B1, PUD | B2, B3 | M1, M2, M3 |
Maximum area | 2 sq. ft. | 100 sq. ft. | 200 sq. ft. | 500 sq. ft. |
Distance from right-of-way line | Applies to all districts* 5 sq. ft. or less: 2 feet 5.1 sq. ft. to 14.9 sq. ft.: 10 feet 15 sq. ft. or more: 25 feet | |||
*Provided, however, that no sign may be placed in any location or in anyway as to obstruct the safe sight lines of a person operating a vehicle upon a public roadway. | ||||
Number of signs per street frontage | 1 | 1 | 2 | 2 |
Illumination | Yes, indirect all signs but not flashing | Yes, indirect all signs but no flashing | Yes, all signs | Yes, all signs |
Special restrictions | None | Bed and breakfast and boarding house limited to maximum 6 sq. ft. sign; if lighted must be externally illuminated | Flat signs - maximum coverage of wall area 40%; Canopy signs - maximum extension above canopy 6 feet | None |
(Ord. 17-2007, passed 12-18-2007)
(A) Purpose. This section is intended to provide reasonable standards for outdoor advertising while discouraging their proliferation, disrepair or garishness.
(B) Placement.
(1) An off-premise sign means an identification, description or illustration which directs attention to a product, person, business or service not offered or sold as the primary use, business or activity on the premises where it is located.
(2) An off-premise sign may not be erected or placed in any district until zoning use permit has been issued by the Plan Commission and written consent has been obtained from the owner or lessee of the premises on which the display is located. Items needed for a zoning use permit include a plot plan showing the exact location of the display and a frontal elevation showing size of sign and height above street level.
(C) Maintenance and removal.
(1) When the product, person, business or service that is advertised on an outdoor advertising display is abandoned or altered, the display must be removed or altered within 60 days to depict an existing product, person, business or service. The owner and tenant of the land are equally responsible for removal or alteration of the sign.
(2) An outdoor advertising display is considered not functional when any of the following conditions exist.
(a) Its essential elements are no longer readable.
(b) It is materially obstructed from view.
(c) A condition of substantial disrepair exists.
(d) The area that is leased for display or within 25 feet of a display on an undeveloped property is not kept free of weeds, debris or refuse.
(3) The County Building Commissioner has the right of entry to inspect outdoor advertising displays to determine whether they are functional. If the Commissioner determines that a display is not functional, he or she shall send written notice to the owner of the display to remove, alter or repair the display or the area of undeveloped property on which the display is located. If the owner does not comply within 60 days, the Commissioner shall order removal of the sign at the owner’s expense.
(D) Prohibitions. The following are prohibited in connection with any outdoor advertising display:
(1) Placement over or in a street highway right-of-way or sidewalk;
(2) Placement or installation where the display or its illumination may interfere with, obstruct the view of, or be confused with traffic or railroad signs or signals or oncoming traffic; or where said illumination and lighting would interfere with the quiet enjoyment of adjacent properties and/or where said lighting or proposed illumination would present a traffic hazard as determined by the appropriate governmental agency;
(3) Lights resembling danger or emergency lights;
(4) Flashing, moving or intermittent lights except white;
(5) Rotating or revolving beams of light; and
(6) Placement or projection of a sign nearer than 50 feet to a street or highway right-of-way line.
(E) Permitted signs by district.
(1) An outdoor advertising display may not be erected or placed in a C1, A1, PUD or any residential district.
(2) An outdoor advertising display may be erected or placed in any other district subject to the restriction shown on the following chart.
(3) A double-faced display whose two faces are not more than ten feet apart and a back-to-back whose two faces are not more than 15 feet apart is considered to be one display. A V-type display whose three faces are not more than 15 feet apart is considered to be one display.
County Outdoor Advertising Display Chart | |||
B2 | B3 | M1, M2, M3 | |
Total number of displays for each street frontage | 1 | 2 | 2 |
Total area of display | 300 sq. ft. | 700 sq. ft. | 1,000 sq. ft. |
(Ord. 17-2007, passed 12-18-2007)
(A) Variances and appeals procedures.
(1) The Board of Zoning Appeals shall approve or deny all:
(a) Variances from the terms of this chapter, but only in classes of cases or in the specific situation specified in this chapter; and
(b) Appeals from staff decisions.
(2) The Board shall set a date for a public hearing on the petition.
(a) Notice of the public hearing shall be published one time, at least ten days before the date of the hearing.
(b) Prior to the public hearing by the Board of Zoning Appeals, the petitioner must file in the Plan Commission office proof of notification.
(c) Cost of the notice must be borne by the petitioner.
(d) A person may not communicate with any member of the Board before the hearing with the intent to influence the member’s action on a matter pending before the Board. Not less than five days before the hearing, however, the staff of the Plan Commission may file with the Board a written statement setting forth any facts or data pertinent to the matter.
(e) Should the petitioner fail to comply with the notice requirements, as provided by this section, before the second regular meeting of the Board of Zoning Appeals following the date said petition is filed, the petition shall be withdrawn by the Board of Zoning Appeals and the time limits imposed by this section shall apply.
(B) Requirements for variance.
(1) A person desiring a variance from the requirements of this chapter must file a petition with the Board of Zoning Appeals describing the property that is the subject of the variance, the type of variance required, the facts pertinent to the variance desired and a site plan.
(2) Following the public hearing on the variance, the Board of Zoning Appeals must either grant or deny the petition. No variance may be granted except on a finding of all of the following factors:
(a) The approval will not be injurious to the public health, safety, morals and general welfare of the community;
(b) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner;
(c) The strict application of the terms of the zoning ordinance will result in practical difficulties in the use of the property;
(d) The variance is not a variance of the use of the property;
(e) The petitioner’s property is not located in a planned unit development; and
(f) The applicant does not create the need for the variance.
(3) The Board of Zoning Appeals may not grant a variance from the use district or classification. The grant of a variance is by resolution of the Board of Zoning Appeals and is not an amendment of this chapter.
(4) The Board may incorporate into the granting of a variance whatever conditions or limitations are necessary to protect adjacent properties and the surrounding neighborhood and effectuate the purpose of this chapter.
(C) Appeals before the Board of Zoning Appeals.
(1) The Board of Zoning Appeals shall hear and determine appeals from and review:
(a) Any order, requirement, decision or determination made by a Plan Commission staff member under the zoning ordinance; and
(b) Any order, requirement, decision or determination made by an administrative board or other body, except the County Plan Commission in relation to the enforcement of an ordinance requiring the procurement of an improvement location permit or occupancy permit.
(2) An appeal filed with the Board of Zoning Appeals must specify the grounds of the appeal and must be filed within such time and in such form as prescribed by the Board of Zoning Appeals by rule.
(3) The administrative official, administrative board or other body from whom the appeal is taken, shall, on the request of the Board of Zoning Appeals, transmit to it all documents, plans and papers constituting the record of the action from which an appeal was taken.
(4) Upon appeal, the Board may reverse, affirm or modify the order, requirement or decision, or determination appealed. For this purpose, the Board has all the powers of the official, officer, board or body from which the appeal was taken.
(5) Within five days, the Board of Zoning Appeals shall file in the office of the Board a copy of its decision.
(D) Time limits. The denial of a petition for a variance, special use or an appeal by the Board of Zoning Appeals or the withdrawal of such a petition by the petitioner shall prohibit the Board of Zoning Appeals from hearing a petition for a variance, special use or an appeal for the subject property or a part thereof for 12 months from the date of the denial or withdrawal.
(E) Appeals from Board decisions. A person aggrieved by a decision of the Board of Zoning Appeals may appeal the decision in the manner provided in I.C. 36-7-4-1000 et seq.
(Ord. 17-2007, passed 12-18-2007)
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