Borden City Zoning Code

GENERAL PROVISIONS

§ 156.01 PURPOSE.

(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)

§ 156.02 GENERAL PROVISIONS

(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to repeal, abrogate, annul or in any way interfere with any existing provisions of laws or ordinances not specifically repealed by this chapter, or any rules, regulations or permits previously adopted or issued pursuant to law relating to the use of buildings or premises provided,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)

§ 156.03 ADMINISTRATION.

(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.

(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.

(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)

§ 156.04 DISTRICTS AND MAPS.

(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)

§ 156.05 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. The present tense shall also include the future tense. A “singular” shall include plural and “plural” shall include singular. The word “shall” is mandatory; the word “may” is permissive. The word “used” includes “designated” or “intended to be used”.

ABOVE GROUND SWIMMING POOL. A portable metal, vinyl, plastic or inflatable fabric above ground structure intended for swimming, wading or other water recreation purpose having a water depth in excess of 36 inches and a diameter in excess of 12 feet with an attached water filtering system.

ACCESSORY USE AND STRUCTURE. One which: is subordinate to and serves a principal building or use; is subordinate in area, extent or purpose to the principal building or use served; contributes to the comfort, convenience or necessity of occupants of the principal building or use serve; and is located on the same lot as the principal building or use served with the single exception of such accessory off-street parking facilities as are permitted to locate elsewhere than on the same lot with the building or use served.

ACTIVE RECREATION SPACE (PUD). All land that is not part of an individual home owner’s parcel of land and can be used for recreational purposes. It may include open fields, detention areas that only temporarily hold water, basketball/tennis courts, playgrounds, athletic fields, walking/biking trails and the like.

ADULT BOOKSTORE. An establishment having more than 10% of its stock in trade or its dollar volume in books, magazines, periodicals or other printed material, or photographs, slides, tapes, records or other forms of visual or audio representations which are distinguished or characterized by their emphasis on matter depicting, describing or relating to sexual activities.

ADULT ENTERTAINMENT. Regular commercial participation in one or more of the following defined activities:

(1) Adult bookstore;

(2) Adult video rental center;

(3) Adult motion picture theater;

(4) Adult retail store;

(5) Adult strip club; and/or

(6) Adult entertainment center (commercial).

ADULT VIDEO RENTAL CENTER. An establishment having more than 10% of its stock in trade or its dollar volume in films, motion pictures, video cassettes, digital video discs (DVDs) or other forms of video recordings which are distinguished or characterized by their emphasis on matter depicting, describing or relating to sexual activities.

ADULT MOTION PICTURE THEATER. An establishment having more than 10% of its stock in trade or its dollar volume in the presentation of films, motion pictures, slide projections or other forms of visual or audio representations which are distinguished or characterized by their emphasis on matter depicting, describing or relating to sexual activities.

ADULT RETAIL STORE. An establishment having more than 10% of its stock in trade or its dollar volume in devices, toys, audio or visual recordings, games, attire or other items intended for adult sexual activities or used for erotic, pornographic or related sexual activities.

ADULT STRIP CLUB. An establishment (indoor or outdoor; and private or public) for audiences or individuals to observe nudity or partial nudity of any persons, or any other services designed to appeal to erotic or sexual interests.

ADULT ENTERTAINMENT CENTER (COMMERCIAL). Any establishment not otherwise defined as an adult bookstore, adult video rental center, adult motion picture theater, adult retail store or adult strip club, which as one of its principal uses (defined as more than 10% of its stock in trade or its dollar volume, if applicable) regularly offers matter, goods, services or entertainment appealing to adult sexual interests and distinguished or characterized by emphasis on matter depicting, describing or relating to sexual activities.

AGRICULTURE. The use of land or structures for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, and animal and poultry husbandry; necessary accessory structures and uses such as tenant housing; and for the packing, treating or storage of produce; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal agricultural activities.

ALLEY. A public right-of-way which normally affords a secondary means of access to abutting property.

BLOCK. Property having frontage on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right-of-way, waterway or other barrier.

BLOCK, RESIDENTIAL. A block in which business or industrial uses are not permitted.

BOARD. The Clark County Board of Zoning Appeals.

BOARD OF COMMISSIONERS. The Board of Commissioners of Clark County, Indiana.

BUILDING. A structure built for the support, enclosure, shelter or protection of persons, animals, chattels or movable property of any kind, and which is permanently fixed to the land.

BUILDING, ACCESSORY. A subordinate building, or a portion of a main building, the use of which is incidental to that of the main building.

BUILDING AREA. The maximum horizontal projected area of the principal and accessory building, excluding open steps or terraces, unenclosed porches not exceeding one story in height, or architectural appurtenances projecting not more than two feet.

BUILDING COMMISSIONER/ ENFORCEMENT OFFICER. The employee of the county who enforces the provisions of this chapter under the guidance, direction and control of the Plan Commission.

BUILDING, DETACHED. A building having no structural connection with another building.

BUILDING FRONTAGE. The linear length of a building facing the right-of-way or the linear length of the right-of-way facing the building, whichever is smaller.

BUILDING, HEIGHT OF. The vertical distance measured from the top of the foundation to the top of the plate at its highest point.

BUILDING LINE. The line nearest the front of and across a lot establishing the minimum open space to be provided between the front line of a building or structure and the front lot line.

BUILDING, PRINCIPAL. A building in which is conducted the main or principal use of the lot on which said building is situated. Where a substantial part of an accessory building is attached to the main building in a substantial manner, as by a roof, such accessory building shall be counted as a part of the PRINCIPAL BUILDING.

BUSINESS or COMMERCIAL. The engaging in the purchase, sale, barter or exchange of goods, wares, merchandise or services, the maintenance or operation of offices, or recreational and amusement enterprises for profit.

CAMP, PUBLIC. Any area or tract of land used or designed to accommodate two or more automobile house trailers, mobile homes or two or more camping parties, including cabins, tents or other camping outfits.

CEMETERY. Land used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums and mortuaries when operated in conjunction with and within the boundary of such cemetery.

CENTRALIZED SEWAGE TREATMENT PLANT. Any sewage treatment facility that requires an NPDES permit from the Indiana Department of Environmental Management (IDEM) to discharge treated effluent.

CHILD DAY CARE FACILITY. The following:

(1) CHILD CARE. A service that provides for the care, health, safety and supervision of a child’s social, emotional and educational growth, pursuant to I.C. 12-7-2-28.2.

(2) CHILD CARE CENTER. A nonresi-dential site or structure where at least one child receives “child care” from a provider:

(a) While unattended by a parent, legal guardian or custodian;

(b) For regular compensation; and

(c) For more than four hours but less than 24 hours of each of ten consecutive days per year, excluding intervening Saturdays, Sundays and holidays, pursuant to I.C. 12-7-2-28.4.

(3) CHILD CARE HOME.

(a) A residential structure in which at least six children (not including the children for whom the provider is a parent, stepparent, guardian, custodian or other relative) at any time receive “child care” from a provider.

1. While unattended by a parent, legal guardian or custodian; and

2. For regular compensation.

(b) For more than four hours but less than 24 hours in each of ten consecutive days per year, excluding intervening Saturdays, Sundays and holidays;

1. A Class I Child Care Home; and

2. A Class II Child Care Home.

(d) Pursuant to I.C. 12-7-2-28.6:

1. CHILD CARE HOME CLASS I - NONRESIDENT OPERATOR. A child care home that serves any combination of full-time and part-time children, not to exceed at any one time 12 children plus three children during the school year only who are enrolled in at least grade 1. The addition of three school age children may not occur during a break in the school year that exceeds four weeks. Pursuant to I.C. 12-7-2-33.7.

2. CHILD CARE HOME CLASS I - RESIDENT OPERATOR. A child care home that serves any combination of full-time and part-time children, not to exceed at any one time 12 children plus three children during the school year only who are enrolled in at least grade 1. The addition of three school age children may not occur during a break in the school year that exceeds four weeks. The site or structure of the child care home must be the primary residence of the person who operates the child care home. Pursuant to I.C. 12-7-2-33.7; I.C. 36-7-4-1108.

3. CHILD CARE HOME CLASS II - NONRESIDENT OPERATOR. A child care home that serves more than twelve but not more than any combination of 16 full-time and part-time children at any one time, pursuant to I.C. 12-7-2-33.8.

4. CHILD CARE HOME CLASS III - RESIDENT OPERATOR. A child care home that serves more than 12, but not more than any combination of 16 full-time and part-time children at any one time. The site or structure of the “child care home” must be the primary residence of the person who operates the “child care home”, pursuant to I.C. 12-7-2-33.8.

CLINIC. Any establishment where human patients are examined and treated by physicians, or other health professionals, but not hospitalized overnight.

COMMERCIAL GREENHOUSE. A venture that includes a building or buildings, constructed mainly of glass or plastic, for the growing or protection of plants which are to be sold or rented.

CONFINED FEEDING OPERATION. Any confined feeding operation shall mean: any confined feeding of at least 300 cattle, 600 swine or sheep or at least 30,000 fowl; or any other animal feeding operation subject to I.C. 13-18-10 et seq.

DEVELOPMENT. Any human-made change to improved or unimproved real estate including, but not limited to, buildings and other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

DEVELOPMENT PLAN. Specific plan for the residential, commercial or industrial development of property setting forth certain information and data required by the Plan Commission.

DRAINAGE BOARD. The Clark County Drainage Board established under I.C. 36-2-2-2 and by Clark County Ordinance 5-2000. The Board operates pursuant to I.C. 36-9-27-1 through I.C. 36-9-27-113 as amended and has been designated by the County Commissioners to administer county ordinances:

(1) 7-2002, Clark County Drain Ordinance;

(2) 9-2002, Clark County Erosion and Sediment Control;

(3) 3-2004, Clark County Drainage Review Fees;

(4) 19-2004, Stormwater Illicit Discharge Control Ordinance of Clark County;

(5) 20-2004, Construction Site Run-off Control Ordinance of Clark County; and

(6) 13-2007 Drainage Ordinance.

DWELLING. A permanent building or portion thereof designed or used exclusively for residential occupancy, including single-family, two-family and multiple-family dwellings, but not including hotels, motels or lodging houses.

DWELLING UNIT. One or more rooms that are arranged, designed or used as living quarters for one family.

DWELLING, MULTIPLE-FAMILY. A dwelling or portion thereof containing three or more dwelling units, including condominiums.

DWELLING, SINGLE-FAMILY. A dwelling containing one dwelling unit only.

DWELLING, TWO-FAMILY. A dwelling containing two dwelling units only.

FAMILY. One or more persons, each related to the other by blood, marriage or adoption, or a group of not more than three persons not all so related, together with his or her or their domestic servant(s), maintaining a common household in a dwelling unit. A FAMILY may include not more than two roomers, boarders or permanent guests, whether gratuitous or not.

FENCE, PRIVACY. A fence of uniform construction which is no more than eight feet in height designed to obscure the area which it covers and defined by the commonly used understanding of the word as given by dictionary definition. A PRIVACY FENCE may be constructed of wood, painted rustproof metal, vinyl or other commercially produced synthetic fencing material so long as it is durable, uniform and attractive. No PRIVACY FENCE may be maintained or used in any condition which is detrimental to the property of others or which causes or tends to cause substantial diminution in the value of the other property in the neighborhood in which the fence is located.

FENCING, OPAQUE. A barrier constructed to enclose or screen areas of land, constructed of solid material and/or in such a manner so as to effectively screen the view of the land and all materials within the fenced in area from public streets and adjoining properties. For example, a solid wall or chain link fence with slats would be opaque; a chain link fence with no slats or a picket fence would be transparent.

FHBM. Flood hazard boundary map.

FILL MATERIAL. Earthen matter, including, but not limited to, rock, gravel, sand or soil that, when placed in position or discharged, causes replacement of any portion of state waters with dry land, or which causes a change in the bottom elevation of any portion of waters of the state.

FILL OPERATIONS. The placement of fill material in waters of the state located entirely in the county. An activity or operation is subject to a permit issued by the Indiana Department of Environmental Management pursuant to 327 I.A.C. 15 (NPDES program and non-isolated wetlands; point source discharges) is not a FILL OPERATION for purposes of this chapter.

FIRM. Flood insurance rate map.

FLOOD HAZARD AREAS. Any floodplain district, floodway district, floodway fringe district or any combination thereof which is subject to inundation by the regulatory flood or any floodplain district as delineated by Zone A on a flood hazard boundary map.

FLOOD or FLOOD WATER. The water of any lake or watercourse which is above the banks and/or outside the channel and banks of such watercourse.

FLOODPLAIN. The area adjoining the river or stream that has been or may hereafter be covered by flood waters.

FLOODWAY DISTRICT. That area designated as a “Commission Floodway” by DNR.

FLOODWAY FRINGE DISTRICT. Those portions of flood hazard areas lying outside the floodway district.

FLOOR AREA OF BUILDING. (For determining off-street parking and loading requirements.) The sum of the gross horizontal areas of the floors of a building or portion thereof devoted to a specific use, including all accessory storage areas located in selling or working space such as counters, racks or closets; and any basement floor areas devoted to retailing activities, production or processing of goods, or to business or professional offices.

FRONT YARD. The space not containing any structures between a structure and thoroughfare right-of-way line.

GARAGE, PRIVATE. An accessory building for the storage of motor vehicles in association with a residence on the same lot.

GARAGE, PUBLIC. Any building, or premises, except those defined herein as a private garage, used for the storage or care of motor vehicles, or where such vehicles are equipped for operation, repaired or kept for remuneration, hire or sale.

GRADE. The average level of the finished surface on the ground adjacent to the exterior walls of the building or structure.

GROUND FLOOR AREA. The square foot area of a residential building within its largest outside dimensions computed on a horizontal plane at the ground floor level, exclusive of open porches, breezeways, terraces, garages, exterior and interior stairways.

GROUP HOME. A residential facility that provides room and board, personal care, habilitation services and supervision in a family setting.

HEIGHT. The height of a building shall mean the vertical distance measured from the top of the foundation to the top of the plate at its highest point. The HEIGHT of a structure other than a building shall mean the vertical distance measured from the lowest ground level touching the building to the highest point of the structure.

HOME OCCUPATION. An occupation or activity conducted within a dwelling by the occupants thereof or within an accessory structure upon the same premises as such dwelling, which is clearly incidental and secondary to the use of the premises for dwelling purposes, pursuant to this chapter. This definition shall also include the conduct of a small business in a barn, garage or other outbuilding by the owner and the owner’s family members. Any occupation or activity which requires the services and/or assistance of persons other than family members shall not qualify as a HOME OCCUPATION.

HOTEL or MOTEL. A building or group of buildings in which lodging is provided and offered to the public for compensation and which is open to transient guests, in contradistinction to a boarding or lodging house.

IMPOUND LOT. A lot where abandoned or wrecked vehicles are impounded or stored temporarily. Vehicles with license plates more than 30 days overdue are considered junk vehicles and not allowed within an IMPOUND LOT.

INDUSTRIAL, HEAVY. The processing and manufacturing of materials or products predominantly from extracted or raw materials or storage of or manufacturing activities and processes that potentially involve hazardous or commonly recognized offensive conditions.

INDUSTRIAL, LIGHT. The manufacturing and assembly activity utilizing previously prepared materials of finished products or parts, including processing, fabrication, assembly, treatment packaging, incidental storage sales and distribution of products, but excluding basic industrial processing, extracted or raw materials.

INUNDATED. A condition of frequent or permanent water coverage of a land surface.

JUNKYARD. An area wherein any of the following are located outside of an enclosed building:

(1) One or more inoperative or unlicensed motor vehicles or parts thereof;

(2) Watercraft, appliances, furniture, aircraft, farm implements, machinery, parts thereof or like materials which have been damaged to such an extent or are in such a state of disrepair that such items are not immediately useable for the purpose originally intended and/or will require substantial repair before being usable; and/or

(3) Scrap, waste and/or discarded used property.

KENNEL. Any premises or portions thereof on which more than four dogs, cats or other household domestic animals over four months of age are kept or on which more than two such animals are maintained, boarded, bred or cared for, in return for remuneration, or are kept for the purpose of sale.

LOADING AND UNLOADING BERTHS (DOCKS). The off-street area required for the receipt or distribution by vehicles of material or merchandise.

LOT OF RECORD. A lot which is part of a subdivision, the plat of which has been recorded in the County Recorder’s office, or a parcel of land, the deed to which was recorded in the Recorder’s Office prior to the adoption of this chapter.

LOT. A tract or parcel of land of sufficient size to meet minimum zoning requirements for use and area and to provide such yards and other open spaces as are herein required.

LOT, CORNER. A lot situated at the intersection of two or more streets.

LOT, INTERIOR. A lot other than a corner lot or through lot.

LOT, THROUGH. A lot having frontage on two non-intersecting streets as distinguished from a corner lot. Both streets lines shall be deemed front lot lines.

LOT COVERAGE. The percentage of the area of a lot which is covered by principal and accessory structures. This includes all of the horizontal area within outside walls in both principal and accessory buildings. This includes dwellings, garages, carports, greenhouses, enclosed patios and sheds. COVERAGE shall not include projections of eaves or similar architectural projections, at grade driveways, at grade walkways, uncovered parking, unenclosed swimming pools, walls or fences, covered but unenclosed patios or landscaping.

LOT DEPTH. The mean horizontal distance between a front lot line and rear lot line, measured within the lot boundaries.

LOT LINE, FRONT. In the case of an interior lot, a line separating the lot from the street or place; and in the case of a corner lot a line separating the narrowest street frontage of the lot from the street, except in cases where deed restrictions in effect specify another line as the FRONT LOT LINE.

LOT LINE, REAR. A lot line which is opposite and most distant from the front lot line and, in the case of an irregular or triangular shaped lot, a line ten feet in length within the lot, parallel to and at the maximum distance from the front lot line.

LOT LINE, SIDE. Any lot boundary line not a front lot line or a rear lot line.

LOT WIDTH. The horizontal distance between side lot lines, measured at right angles to the lot depth at the established front building lines.

MANUFACTURED HOUSING. A dwelling unit designed and built in a factory which bears a seal certifying that it was built in compliance with the Federal Manufactured Housing Construction Safety Standards Law of 1974 (42 U.S.C. §§ 5401 et seq.).

MINIMUM ROAD FRONTAGE. The minimum property on one side of a highway, street or county road measured along the right-of-way of the street or county road between property lines.

MOBILE HOME. A transportable structure 644 square feet or larger that is designed to be used as a year-round residential dwelling.

MOBILE HOME PARK. An area of land under single ownership used for parking of two or more occupied mobile homes.

MOBILE HOME TIE DOWNS. Sufficient anchorage to resist flotation, collapse or lateral movement of any mobile home.

MOBILE HOME SITE. The area of land in a mobile home park for the parking of one mobile home.

NONCONFORMING STRUCTURE. A structure designed, converted or adapted legally for a use prior to the adoption of provisions prohibiting such use or structure in such location.

NONCONFORMING USE. Nonconforming use is any use or arrangement of land or structures legally existing at the time of enactment of this chapter or any of its amendments, which does not conform to provisions of this chapter.

OCCUPIED SPACE. The total area of earth horizontally covered by the structure, excluding accessory structures, such as, but not limited to, garages, patios and porches.

OPEN SPACE (PUD). All land that is not covered by buildings, parking lots, driveways or streets and is not part of an individual home owner’s parcel of land. It may include sidewalks, vegetation, bodies of water and retention and detention ponds.

OFF-STREET PARKING. The provision of parking spaces which are not located on any public right-of-way.

PARKING AREA, PUBLIC. An open area, other than a street or alley, designed for use or used for the temporary parking of more than four motor vehicles when available for public use, whether free or for compensation, or as an accommodation for clients or customers.

PARKING SPACE (OFF-STREET, ONE). A space, other than on a street or alley, designed for use or used for the temporary parking of a motor vehicle, and being not less than ten feet wide and 20 feet long, exclusive of passageways.

PERMITTED USE. The uses which are allowed within a specific zoning district.

PERSONS. A corporation, firm, partnership, association, organization or any other group acting as a unit, as well as a natural person.

PLAN COMMISSION. Plan Commission for the county, which is the agency charged with the administration and enforcement of this chapter.

PLAN COMMISSION EXECUTIVE DIRECTOR. The employee of the county who issues permits and administers the daily office business of the Plan Commission under the guidance, direction and control of the Plan Commission.

PRIVATE POND. Any accumulation of surface water that is privately owned, and is entirely located within the boundaries of a privately owned parcel or lot, and which does not directly discharge to other surface waters of the state. The term includes wetlands that otherwise meet this definition.

PRIVATE ROAD. A local road that is not dedicated or accepted for public use or maintenance, which provides vehicle and pedestrian access, and for which long-term maintenance responsibility has been explicitly defined before such roadways are built.

PROFESSIONAL OFFICE. Office of members of recognized professions, such as an architect, artist, dentist, engineer, musician, physician, surgeon or other professional person.

PUBLIC UTILITY STRUCTURE. Electrical and telephone substations and distribution centers; filtration plants, pumping stations, water reservoirs, public or package sewage treatment plants; telephone exchanges; radio and television transmitting or relay stations; antenna towers and other similar public utility service structures.

RECREATIONAL VEHICLE. A vehicle which is: built on a single chassis; 400 square feet or less when measured at the largest horizontal projections; designed to be self-propelled or permanently towable by a light duty truck; designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational camping, travel or seasonal use.

RECREATIONAL VEHICLE PARK. An area of land used for the parking of two or more recreational vehicles.

REGULATORY FLOOD. The flood having a peak discharge which can be expected to be equaled or exceeded on the average of once in a 100-year period, as calculated by a method and procedure which is acceptable to and approved by the Indiana Natural Resources Commission. This flood is equivalent to a flood having a probability of occurrence of 1% in any given year.

REGULATORY FLOOD PROFILE. A longitudinal profile along the thread of a stream showing the maximum water surface elevation attained by the regulatory flood.

SCHOOL, PRIVATE. Private pre-primary, primary, grade, high or preparatory school or academy.

SCHOOL, TRADE OR BUSINESS. Secretarial or business school or college when not publicly owned or not owned or conducted by or under the sponsorship of a religious, charitable or non-profit organization; or a school conducted as a commercial enterprise for teaching instrumental music, dancing, barbering or hair dressing, drafting or for teaching industrial or technical arts.

SETBACK, FRONT. The minimum horizontal distance between the location of the building or structure from the reference points of all roads, streets or highways adjoining the property (i.e., center of roadway or right-of-way) as established in this chapter.

SFHA or SPECIAL FLOOD HAZARD AREA. Those lands within the jurisdiction of the county that are subject to inundation by the regulatory flood. The SFHAs of the county are generally identified as such on the flood insurance rate map of the county, prepared by the Federal Emergency Management Agency.

SIGN. A single or multi-faced structure or device designed for the purpose of informing or attracting the attention of persons not on the premises on which the structure or device is located.

SIGN, OFF-PREMISES. A sign, including a billboard, which directs attention to a business, commodity, service or entertainment not exclusively related to the premises where such sign is located or to which it is affixed.

SIGN, ON-PREMISES. A sign which directs attention to a business, building, product, activity or service, manufactured, sold or offered upon the premises as the primary use(s) where such sign is located.

SIGN, GROSS AREA OF. The entire area within a single continuous perimeter enclosing the extreme limits of such sign. Such perimeter shall not include any structural elements lying outside the limits of such sign and not forming an integral part of the display.

STREET or ROAD.

(1) A thoroughfare within the right-of-way that carries traffic between land use activities and/or provides access to abutting properties. A ROAD may be designated an avenue, boulevard, drive, highway, lane, parkway, place, street, court or appropriate name. ROADS are identified according to type of use or function, as follows:

(a) MAJOR ARTERIALS. Include interstates, freeways/expressways and principal arterials. The National Highway System of 155,000 miles includes the nation’s most important rural principal arterials in addition to interstates.

1. INTERSTATES/ FREEWAYS/EXPRESSWAYS. Freeways and expressways are the highest category of arterial streets and serve the major portion of the through-traffic entering and leaving the metropolitan area (i.e., inter-urban traffic). These roadways carry the longest trips at the highest speeds, and are designed to carry the highest volumes. In metropolitan areas, intra-urban traffic (such as between the central business district and outlying residential areas and between major inner-city communities or major urban centers) may also be served by streets of this class. INTERSTATES are fully-controlled access facilities that are grade-separated from other roads and railroads, such as Interstate 65. All roadways that are on the nation’s interstate system of approximately 45,000 miles are fully grade-separated with full access control. FREEWAYS are non-interstate, fully-controlled access facilities that are also grade-separated from all intersecting transportation facilities. EXPRESSWAYS are partially-controlled access facilities that may have occasional at-grade intersections.

2. PRINCIPAL ARTERIALS. Sometimes termed OTHER PRINCIPAL ARTERIALS under the federal functional classification system, are the highest category of arterial streets without grade separation. This functional class complements the freeway/expressway system in serving through-traffic entering and leaving the metropolitan area. Within the metropolitan area, major intra-urban trips are served between the central business district and suburbs, and between major suburban activity centers. Although PRINCIPAL ARTERIALS may lack access control, some level of access control is highly desirable such as the minimum spacing of intersections with public roads and the control of driveway entrances. For PRINCIPAL ARTERIALS, maintaining traffic-carrying capacity for through-traffic is more important than providing access to abutting property.

(b) MINOR ARTERIALS. The lowest category of arterial streets, serve trips of moderate length and offer a lower level of mobility than principal arterials. This class augments the major arterials, distributing traffic to smaller geographic areas, and linking cities and towns to form an integrated network providing interstate highway and inter-county service. MINOR ARTERIALS also provide urban connections to rural collectors.

(c) COLLECTOR STREETS. Serve as the link between local streets and the arterial system. COLLECTOR STREETS provide both access and traffic circulation within residential, commercial and industrial areas. Moderate to low traffic volumes are characteristic of these streets. In rural areas, the MAJOR COLLECTORS provide service to county seats, larger towns (2,500 or more persons) and other major traffic generators that are not served by arterials. These roads serve the most important intra-county corridors. MINOR COLLECTORS link local roads in rural areas and serve the smallest rural communities (fewer than 2,500 persons).

(d) LOCAL STREETS. Composed of all streets not designated as collectors or arterials. Primarily serving abutting properties, local streets provide the lowest level of mobility and, therefore, exhibit the lowest traffic volumes. Through-traffic on LOCAL STREETS is deliberately discouraged. This class of street is not part of any town or county thoroughfare network, and is not eligible for federal aid with the exception of bridges and bikeway/walkway facilities.

(e) PRIVATE ROAD. A local street that is not dedicated or accepted for public use or maintenance, which provides vehicle and pedestrian access, and for which long-term maintenance responsibility has been explicitly defined before such roadways are built.

(2) The designation of roads by type of use or function is defined by the functional classification of the Federal Highway Administration and Indiana Department of Transportation, unless otherwise defined by future county ordinance or amendment of this chapter.

STRUCTURE. Anything constructed or erected, the use of which requires permanent location on the ground or is attached to something having a permanent location on the ground, except public utility, communication and electrical transmission lines and equipment and facilities supporting same and/or incidental thereto.

STRUCTURAL MODIFICATION. A change in the structural members of a building such as walls, columns, beams, girders or floor or other structural element of a building.

USE. The purpose or activity for which the land or building thereon is designed, arranged or intended, or for which it is occupied or maintained.

USED CAR LOT. A lot where a used car dealer displays cars for sale. The dealer must be properly licensed by the Indiana Bureau of Motor Vehicles. All vehicles on the lot must be operable.

VARIANCE. A modification of the specific requirements of this chapter granted by the Board in accordance with the terms of this chapter for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and district.

VISION CLEARANCE ON CORNER LOTS. A triangular space at the street corner of a corner lot, free from any kind of obstruction to vision between the heights of three and 12 feet above established grade, determined by a diagonal line connecting two points measured 15 feet equidistant from the street corner along each property line.

WASTE DISPOSAL FACILITY. A landfill, composting facility, incinerator, transfer station or any similar use. This definition excludes salvaging, storage or processing of scrap, metal, paper, cloth or other material and excludes junkyards.

WATERS OF THE STATE. Has the meaning set forth at I.C. 13-11-2-265.

WETLAND or WETLANDS. An area that is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. WETLANDS generally include swamps, marshes, bogs and similar areas.

YARD. An open space on the same lot with a building or structure, unoccupied and unobstructed from its lowest level upward, except as otherwise permitted by this chapter.

YARD, FRONT. A yard extending along the full length of the front lot line between side lot lines.

YARD, REAR. A yard extending along the full length of the rear lot line between side lot lines.

YARD. SIDE. A yard extending along a side lot from the front to the rear yard.

ZONE MAP. The maps of each township section showing the zoning districts therein.

(Ord. 17-2007, passed 12-18-2007; Ord. passed 5-29-2008; Ord. passed 9-17-2009; Ord. passed 4-29-2010)

§ 156.06 CITY OF JEFFERSONVILLE MUNICIPAL PLAN COMMISSION; JURISDICTION.

After efforts to resolve issues created under the fringe jurisdiction of the City of Jeffersonville, the County Board of Commissioners hereby terminates the jurisdiction of the Municipal Plan Commission of Jeffersonville for exercise of territorial zoning jurisdiction. The paramount interest in taking this action is to eliminate confusion and to provide clear, precise, organized and predictable zoning service to all citizens of the county.

(Ord. 13-2006, passed 12-1-2006)