Evansville-Vanderburgh County Unified Development Ordinance Draft 1 April 19, 2021 Prepared By: Area Plan Commission of the City of Evansville & Vanderburgh County Rundell Ernstberger Associates Orion Planning + Design
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This document includes a number of hyperlinks for your convenience. Hyperlinked text appears blue and underlined (hyperlink). These links have been provided so that you can easily navigate to applicable cross references and other related sections of the ordinance. Simply click the blue, underlined text to go to that location in the document. There is also a “Return to Table of Contents” link on the bottom of each page. You’ll notice some references to Section XX that are missing a hyperlink. These sections are still in the drafting or review stage. As additional chapters are added to the draft Unified Development Ordinance, we will complete these hyperlinks.
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Evansville & Vanderburgh County UDO
Chapter 20.01 | Table of Contents
Table of Contents Chapter 20.01 Purpose and Scope.........................................................................................8 Title .......................................................................................................................................................... 8
20.01.02
Authority.................................................................................................................................................. 8
20.01.03
Intent and Purpose.................................................................................................................................. 8
20.01.04
Jurisdiction.............................................................................................................................................. 8
20.01.05
Interpretation and Rules of Construction............................................................................................. 8
20.01.06
Official Zoning Map............................................................................................................................... 11
20.01.07
Zoning of Annexed Areas..................................................................................................................... 12
20.01.08
Effect of Vacation on Zoning................................................................................................................ 12
20.01.09
Omissions.............................................................................................................................................. 12
20.01.10
Severability............................................................................................................................................ 12
20.01.11
Saving Provision................................................................................................................................... 13
20.01.12
Statutory Changes................................................................................................................................ 13
20.01.13
Repeal of Existing Ordinance ............................................................................................................. 13
20.01.14
Effective Date........................................................................................................................................ 13
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20.01.01
Chapter 20.02 Applicability and Conformity........................................................................14 General Applicability............................................................................................................................ 14
20.02.02
Compliance Required........................................................................................................................... 14
20.02.03
Uniformity within Districts................................................................................................................... 14
20.02.04
Conformity with Plans.......................................................................................................................... 14
20.02.05
Conformity with Other Laws................................................................................................................ 14
20.02.06
Application of Deed Restrictions......................................................................................................... 15
20.02.07
Vested Development Rights & Transition Rules................................................................................ 15
20.02.08
Nonconformities.................................................................................................................................... 18
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20.02.01
Chapter 20.03 Zoning Districts.............................................................................................24 20.03.01
Zoning Districts Established................................................................................................................ 24
20.03.02
Standard Districts................................................................................................................................. 25
20.03.03
Overlay Districts................................................................................................................................... 25
20.03.04
Zoning Districts..................................................................................................................................... 25
Evansville & Vanderburgh County UDO
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Chapter 20.01 | Table of Contents
Chapter 20.04 Use Regulations and Standards...................................................................44 20.04.01
Establishment of a Table of Uses........................................................................................................ 44
20.04.02
Determination of Use Category........................................................................................................... 44
20.04.03
Determination of Principal Use............................................................................................................ 44
20.04.04
Table of Uses ........................................................................................................................................ 44
20.04.05
Use-Specific Standards........................................................................................................................ 49
Chapter 20.05 Dimensional Standards.................................................................................86 Purpose and Applicability.................................................................................................................... 86
20.05.02
Conformance......................................................................................................................................... 86
20.05.03
Administrative Minor Modifications.................................................................................................... 86
20.05.04
Additional Administrative Minor Modification.................................................................................... 86
20.05.05
Lot Orientation...................................................................................................................................... 86
20.05.06
Permitted Encroachments.................................................................................................................... 86
20.05.07
Setback and Yard Measurements, Buildable Area............................................................................. 86
20.05.08
Setbacks on Corner and Double/Multiple Frontage Lots.................................................................. 86
20.05.09
Height and Bulk Measurements........................................................................................................... 86
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20.05.01
Chapter 20.06 Universal Standards......................................................................................88 Purpose and Applicability.................................................................................................................... 88
20.06.02
Erection of Structures Only on Lots of Record.................................................................................. 88
20.06.03
Reduction of Lot Area Restricted........................................................................................................ 88
20.06.04
Lot Coverage......................................................................................................................................... 88
20.06.06 20.06.07
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20.06.01
Street Access Required........................................................................................................................ 88
Clear Sight Distance Required............................................................................................................. 88 Demolition or Movement of Buildings or Structures......................................................................... 88
20.06.08
Required Improvements for Development ......................................................................................... 88
20.06.09
Negative Access Easements Prohibited............................................................................................. 88
Chapter 20.07 Development Standards................................................................................90
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20.07.01
Purpose and Applicability.................................................................................................................... 90
20.07.02
Relation to Overlay and Special Districts........................................................................................... 90
20.07.03
Character Standards ............................................................................................................................ 90
20.07.04
Incentives............................................................................................................................................... 90
Evansville & Vanderburgh County UDO
Chapter 20.01 | Table of Contents
Chapter 20.08 Design Standards..........................................................................................92 Purpose and Applicability.................................................................................................................... 92
20.08.02
Specific Standards for Subdivision Types......................................................................................... 92
20.08.03
Block Standards.................................................................................................................................... 92
20.08.04
Lot Standards........................................................................................................................................ 92
20.08.05
Easements............................................................................................................................................. 92
20.08.06
Projects Abutting to Historic Districts................................................................................................ 92
20.08.07
Streets and Rights-of-Ways Standards .............................................................................................. 92
20.08.08
Utilities................................................................................................................................................... 92
20.08.09
Standards for Improvements and Installations ................................................................................. 92
20.08.10
Street Improvements............................................................................................................................ 92
20.08.11
Storm Water and Subsurface Drainage ............................................................................................. 92
20.08.12
Siltation and Erosion Prevention Standards ..................................................................................... 92
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20.08.01
Chapter 20.09 Parking and Loading ....................................................................................94 Purpose and Applicability.................................................................................................................... 94
20.09.02
General Parking Requirements........................................................................................................... 94
20.09.03
Driveways and Access......................................................................................................................... 95
20.09.04
Pedestrian and Bicycle Circulation..................................................................................................... 95
20.09.05
Public Transit......................................................................................................................................... 96
20.09.06
Parking Calculations............................................................................................................................. 96
20.09.07
Parking Requirements.......................................................................................................................... 96
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20.09.01
20.09.08
Parking for Changes in or Expansion of an Existing Use............................................................... 100
20.09.09
Parking Flexibility............................................................................................................................... 100
20.09.10
Shared Parking ................................................................................................................................... 102
20.09.11
Accessible Parking............................................................................................................................. 102
20.09.12
Vehicle Parking Location and Design............................................................................................... 103
20.09.13
Loading Area Location and Design................................................................................................... 104
20.09.14
Loading Calculations.......................................................................................................................... 105
20.09.15
Drive-Thru and Vehicle Stacking Areas............................................................................................ 106
20.09.16
Bicycle Parking .................................................................................................................................. 106
20.09.17
Parking, Storage, or Use of Campers, Boats, Trailers, or Recreational Vehicles, and Other Similar Equipment ........................................................................................................................................... 107
20.09.18
Overlay Zones..................................................................................................................................... 108
Evansville & Vanderburgh County UDO
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Chapter 20.01 | Table of Contents
Chapter 20.10 Signs.............................................................................................................110 Purpose and Applicability.................................................................................................................. 110
20.10.02
Prohibited Sign Types........................................................................................................................ 110
20.10.03
Prohibited Sign Locations.................................................................................................................. 110
20.10.04
Signs Allowed without a Permit......................................................................................................... 110
20.10.05
Other Actions Allowed without a Permit........................................................................................... 110
20.10.06
Temporary Signs................................................................................................................................. 110
20.10.07
Installation, Design, and Construction Standards........................................................................... 110
20.10.08
Waiver of Rights to Damages............................................................................................................ 110
20.10.09
Sign Permit Requirements................................................................................................................. 110
20.10.10
Signs Requiring a Permit................................................................................................................... 110
20.10.11
Sign Measurements............................................................................................................................ 110
20.10.12
Policies and Rules of Construction................................................................................................... 110
20.10.13
Amoritization ...................................................................................................................................... 110
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20.10.01
Chapter 20.11 Administrative Roles and Responsibilities ..............................................112 Legislative Body ................................................................................................................................. 112
20.11.02
Area Plan Commission....................................................................................................................... 112
20.11.03
Redevelopment Commission............................................................................................................. 112
20.11.04
Board of Zoning Appeals .................................................................................................................. 112
20.11.05
Executive Director.............................................................................................................................. 112
20.11.06
Planning Department.......................................................................................................................... 112
20.11.08 20.11.09
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20.11.01
Historic Preservation Board............................................................................................................... 112
Department of Metropolitan Development ....................................................................................... 112 City / County Engineer........................................................................................................................ 112
20.11.10
Hearing Officer.................................................................................................................................... 112
20.11.11
Plat Committee.................................................................................................................................... 112
20.11.12
Technical Review Committee............................................................................................................. 112
20.11.13
County Surveyor................................................................................................................................. 112
20.11.14
Drainage Board .................................................................................................................................. 112
20.11.15
Board of Public Work ......................................................................................................................... 112
20.11.16
Health Dept.......................................................................................................................................... 112
20.11.17
Water and Sewer................................................................................................................................. 112
Evansville & Vanderburgh County UDO
Chapter 20.01 | Table of Contents
Chapter 20.12 Procedures and Processes ........................................................................114 General Application Requirements................................................................................................... 114
20.12.02
Addressing ......................................................................................................................................... 114
20.12.03
Development Plan Review.................................................................................................................. 114
20.12.04
Zoning Map Amendments.................................................................................................................. 114
20.12.05
Zoning Text Amendments.................................................................................................................. 114
20.12.06
Comprehensive Plan Amendment..................................................................................................... 114
20.12.07
Rezone to a Planned Unit Development (PUD)................................................................................ 114
20.12.08
Certificate of Appropriateness........................................................................................................... 114
20.12.09
Appeals................................................................................................................................................ 114
20.12.10
Administrative Interpretation............................................................................................................. 114
20.12.11
Nonconforming Uses.......................................................................................................................... 114
20.12.12
Variances............................................................................................................................................. 114
20.12.13
Subdivision Waivers........................................................................................................................... 114
20.12.14
Special Exception Permits ................................................................................................................ 114
20.12.15
Zoning Certificates ............................................................................................................................. 114
20.12.16
Improvement Location Permit .......................................................................................................... 114
20.12.17
Minor Plats........................................................................................................................................... 114
20.12.18
Parcelizations ..................................................................................................................................... 114
20.12.19
Primary Plats....................................................................................................................................... 114
20.12.20
Secondary Plats.................................................................................................................................. 114
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20.12.01
20.12.21
Vacating Plats...................................................................................................................................... 114
20.12.22
Construction Plans............................................................................................................................. 114
20.12.23
Letters of Credits................................................................................................................................ 114
20.12.24
Enforcement and Penalties................................................................................................................ 114
20.12.25
Temporary Certificate of Occupancy................................................................................................ 114
20.12.26
Final Certificate of Occupancy.......................................................................................................... 114
20.12.27
Fees...................................................................................................................................................... 114
Chapter 20.13 Definitions....................................................................................................116 20.13.01
Interpretation of Words and Terms .................................................................................................. 116
20.13.02
General Definitions............................................................................................................................. 116
Evansville & Vanderburgh County UDO
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Chapter 20.01 | Purpose and Scope
Chapter 20.01 Purpose and Scope 20.01.01 Title The provisions of Title 20, inclusive of any amendments, shall be known as the Unified Development Ordinance of Evansville-Vanderburgh County. For convenience, it may be referred to throughout this title as “the Unified Development Ordinance” or the “UDO.”
20.01.02 Authority This UDO is adopted by Vanderburgh County (“County”) and the City of Evansville (“City”) pursuant to their authority under the laws of the State of Indiana, IC 36‑7‑4 et seq.
20.01.03 Intent and Purpose
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In general, this UDO is adopted to preserve, protect, and promote the public health, safety, morals, comfort, convenience, and general welfare of residents, businesses, and property owners within Vanderburgh County and the City of Evansville. More specifically, the intent of the regulations within this UDO is to implement the goals and policies contained within the Evansville-Vanderburgh County Comprehensive Plan and to achieve the following objectives. A. Improve the built environment by promoting orderly, responsible, and beneficial development and growth within the City and County. B. Protect and promote community character.
C. Conserve and protect prime agricultural land, natural beauty, and cultural resources. D. Promote the conservation of energy, land, and natural resources.
E. Promote development patterns that support safe and efficient infrastructure and public services. Minimize personal automobile use by mixed uses, multi-modal transportation options, and compact community form.
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G. Encourage innovations in use and design especially regarding residential development and renewal so that the needs of the community may be met by greater variety, type, and design.
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H. Provide open space for mobility, habitat, light, air, and recreation. I.
Establish clear and efficient development review procedures.
20.01.04 Jurisdiction
The regulations contained within this UDO apply fully to all land, uses, and structures within the jurisdictional boundaries of Vanderburgh County and the City of Evansville. To the extent allowed by law, the provisions of this UDO apply to all land, buildings, structures and uses owned, leased or otherwise controlled by any district or agency.
20.01.05 Interpretation and Rules of Construction A. Interpretation of Scope 1. When interpretation is needed, this UDO shall be strictly construed in favor of the property owner. 2. The language of these regulations must be read literally and are no more or less strict than stated. 3. The provisions of this UDO are interrelated and cannot be interpreted in isolation. All provisions and regulations must be interpreted within the context and intent of the entire UDO. 8
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Evansville & Vanderburgh County UDO
Chapter 20.01 | Purpose and Scope 4. The provisions of these regulations are the minimum requirements deemed necessary to carry out their stated purpose and intent. In many instances, public interest is best served when such minimums are exceeded, and this UDO may be interpreted, whenever permissible and appropriate, to encourage and allow use and development that exceeds stated minimums and reflects contemporary best practices. 5. Privileges granted under this UDO run with the land. All amendments to this UDO and all permits and approvals issued under its provisions shall apply to the applicable land, structure, development, or use and will not be granted if the action sought would be specific to or dependent upon particular ownership or ownership status. 6. In addition to the requirements within these regulations, all use and development of land and structures must comply with all other applicable local, state, and federal regulations. 7. All references to other local, state, or federal regulations are for informational purposes only, do not constitute a complete list of such regulations, and must not be construed to imply any responsibility for the local government to enforce state or federal regulations. 8. If a conflict exists between the provisions of the text of these regulations and any table, illustration, graphic depiction, caption, or appendix, the provisions within the text shall prevail.
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9. Headings and illustrations are provided for convenience and reference only and do not define or limit the scope of any provision of these regulations. Should there be a difference of meaning or implication between the text of these regulations and any heading the text controls. 10. The illustrations in this UDO are not drawn to scale and are intended solely as a guide to graphically represent its requirements and concepts.
B. Rules of Language Construction 1. Meaning and Intent
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a. All references to other local government, state, or federal regulations or policies mean the most current version and citation for those regulations and policies unless expressly indicated otherwise. When the referenced regulations have been repealed and not replaced by other regulations, ordinance requirements for compliance are no longer in effect. b. All references to employees, public officials, bodies, and agencies mean those of Vanderburgh County and the City of Evansville unless otherwise expressly stated. c.
Whenever a provision vests authority in the head of a department or other officer or employee of the county or municipality to perform an act or duty, that provision will be construed as authorizing the department head or officer to delegate that responsibility to others over whom they have authority.
d. Commentary notes, where included, have no regulatory effect, cannot alter the meaning or intent or a regulation or requirement, and are intended solely as a guide for administrative purposes. 2. Computation of Time a. References to “days” are to calendar days unless otherwise expressly stated. Reference to “business days” are references to regular working days of Vanderburgh County, excluding weekends and holidays observed by the county.
Evansville & Vanderburgh County UDO
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Chapter 20.01 | Purpose and Scope b. The time in which an act is to be completed is computed by excluding the first day and including the last day. If the last day is a Saturday, Sunday, a legal holiday under an Indiana statute, holiday observed by the local government, or a day that the office is close, that day is excluded as well, and the time frame will be extended to the end of the next business day. c.
A day concludes at the close of business, and any materials received after that time will be deemed to have been received the following day.
3. Tenses and Usage a. Words used in the singular include the plural and words used in the plural include the singular. b. Words used in the present tense include past and future tense. The reverse is also true. c.
The words “shall,” “will,” and “must” are mandatory; the word “may” is permissive, except when the context of its particular use is negative (e.g., “may not”).
d. Requirements using numbers as stated “up to x,” “not more than x,” and “a maximum of x,” always include “x.”
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e. Any reference to a chapter or section shall mean a chapter or section of these regulations, unless otherwise specified. f.
The word “person” includes an individual, firm, limited liability company, corporation, association, fiduciary, or governmental entity and any combination thereof.
g. The words “used” or “occupied” include the words “intended, designed, or arranged to be used or occupied.” h. The words “lot” or “property” include the words “lot,” “parcel,” or “property,” The word “structure” includes the words “building,” “dwelling,” and “accessory structure.”
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The word “public way” includes the words “highway”, “street”, “avenue”, “boulevard”, “road”, “lane”, or “alley”.
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Words used in the masculine gender include the feminine gender and vice versa, and gender-neutral words may substitute for gender-specific words (e.g. “they” instead of “she”).
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References to NAICS codes shall mean those codes assigned to businesses in the most recent edition of the North American Industrial Classification Manual published by the United States Office of Management and Budget unless otherwise explicitly stated. NAICS Codes are listed in the Table of Permitted Uses as an aid in interpretation and determination of those specific uses included in a general class of uses.
m. The word “contiguous” as applied to lots or districts shall be interpreted as meaning “sharing a common boundary of ten or more feet in length.” The word “abutting” means “touching at any point, ignoring any easements, rights of way, and the like.” n. The phrase “on the premises of,” as applied to accessory uses or structures shall be interpreted to mean “on the same lot or on a contiguous lot in the same ownership.” 4. Conjunctions. Unless the context clearly indicates otherwise, conjunctions have the following meanings within this UDO. a. The word “and” in a list indicates that all connected items or provisions apply. b. The word “or” in a list means that connected items or provisions may apply singularly or in combination.
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Evansville & Vanderburgh County UDO
Chapter 20.01 | Purpose and Scope
20.01.06 Official Zoning Map A. Establishment and Authority. The location and boundaries of the zoning districts established by these regulations are shown on a geographic features layer entitled “Zoning” that is maintained as part of the local geographic information system (GIS) under the direction of the Area Plan Commission and its Planning Department. This layer constitutes the official zoning map for all of Vanderburgh County, including all incorporated and unincorporated areas.. The official zoning map, together with all notations, references, data and other information shown on the map, is adopted and incorporated into these regulations and is as much a part of these regulations as if depicted within its pages. The official zoning map and any amendments adopted by the governing boards shall constitute the final authority for determination of zoning district boundaries. B. Interpretation of Boundaries. Where uncertainty exists about the location of a zoning boundary, its actual location will be determined by the Executive Director using the following rules of interpretation.
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1. When the zoning map shows a zoning district boundary as following a certain feature or reflects a clear intent that the boundary follows the feature, the boundary will be construed as following that feature as it exists on the ground with the following clarifications. a. If a boundary is shown as approximately following a watercourse, street, railroad, or other right-of-way, the boundary will be construed as following the actual centerline of the feature. b. If, subsequent to the establishment of the boundary, the centerline of a watercourse should move as a result of natural processes (e.g. flooding, erosion, sedimentation, etc.), the boundary will be construed as moving with the centerline of the watercourse. If, subsequent to the establishment of a boundary, the ridge line or contour line associated with the boundary should move as a result of natural processes (e.g. erosion, slippage, subsidence, etc.), the boundary will be construed as moving with the ridge line or contour line.
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d. A boundary shown on the zoning map as approximately following a parcel boundary will be construed as following the parcel boundary as it existed at the time the zoning boundary was established.
2. Zoning boundaries that do not coincide with a property line, parcel boundary, landmark, or similar feature will be determined using geospatial data included in the official zoning map.
C. Maintenance and Updates 1. The official zoning map shall be maintained in the office of the Area Plan Commission. 2. At the direction of the governing board(s), the Executive Director is responsible for revising the official zoning map to reflect amendments as soon as possible after their effective date. No unauthorized person may alter or modify the official zoning map. 3. The Executive Director may administratively grant any nonsignificant zoning change as approved by the APC 36-7-4-312. 4. The Executive Director may authorize printed copies of the official zoning map to be produced and shall maintain digital or printed copies of superseded versions of the official zoning map for historical reference.
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Chapter 20.01 | Purpose and Scope D. Split-Zoned Parcels. Whenever two or more base zoning districts are found to apply to different parts of an existing parcel, the following rules of interpretation apply. 1. Whenever a single parcel two acres or less in size is located within two or more different zoning districts, the district regulations applicable to the larger portion of the parcel shall apply to the entire parcel. 2. The following conditions apply to a single parcel that is a. Greater than two acres in size; b. Located within two or more different base zoning districts; c.
Each zoned portion of the parcel is at least one-half acre in size; and
d. Each zoned portion is at least 50 feet in length and width on average. 3. Each portion of that parcel shall be subject to all the regulations applicable to the district in which it is located. Otherwise, any portion that does not meet the minimum requirements shall be subject to the district regulations applicable to the largest, contiguous zoned portion.
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4. If the boundary line of a zoning district classification divides a parcel, the provisions of this Title covering the less restrictive portion of that parcel apply to the entire parcel, unless the frontage of the parcel is in the more restricted district, in which case the provisions covering the more restricted portion apply to the entire parcel. 5. The provisions of subsection (4) of this section do not apply to situations where specific portions of a parcel are rezoned to accommodate a different use from that use of the remainder of the parcel.
20.01.07 Zoning of Annexed Areas
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Zoning district changes to land annexed into the City of Evansville shall comply with IC 36-4-34.1(d) which states “There may not be a change in the zoning classification of territory annexed under IC 36-4-3 without the consent of the owner of the annexed territory.”
20.01.08 Effect of Vacation on Zoning
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Any right-of-way vacated shall be automatically assigned the zoning district from the adjacent property (ies). If one or more zoning districts surround the vacated right-of-way, then those zoning districts shall only be extended to the centerline of the former right-of-way, following the newly established property lines, if applicable. Partial vacations of a right-of-way shall extend only the adjoining districts(s) to include all vacated area.
20.01.09 Omissions The omission of any specific use, dimension, word, phrase, punctuation, or other provision of this UDO shall not be interpreted as permitting any variation from its general meaning and intent as commonly inferred or interpreted including, but not limited to, the omission of the last comma in a series commonly referred to as an “Oxford comma.”
20.01.10 Severability Should any specific section, subsection, standard, or provision of this UDO, including any zoning district boundary that now exists or may exist in the future, be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration shall not affect the validity of the UDO as a whole or any remaining parts not specifically declared to be invalid or unconstitutional. Any portion of these regulations not affected by the decision of the court shall remain in full force and effect.
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Evansville & Vanderburgh County UDO
Chapter 20.01 | Purpose and Scope
20.01.11 Saving Provision This UDO shall not be construed as eliminating or reducing any action now pending under, or by virtue of, an existing law or previous Zoning Ordinance, Subdivision Ordinance, or related ordinance. This UDO shall not be construed as discontinuing, reducing, modifying, or altering any penalty accruing or about to accrue.
20.01.12 Statutory Changes Wherever Indiana Code is cited in this UDO and has been amended or superseded, the UDO shall be determined amended in reference to the new or revised UDO.
20.01.13 Repeal of Existing Ordinance Ordinances in effect at the time of adoption of this UDO and any other provisions in conflict with these regulations are repealed to the extent necessary to give this UDO full force and effect. However, certain regulations contained within prior ordinance versions will remain applicable to legal nonconformances and legacy zoning districts to the extent required to ensure their legal status.
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The following provisions in The Evansville Municipal Code Title 18 ZONING, Chapter 18.05 General Provisions, Subsection 18.05.030 Definitions. “Owner-occupied bed and breakfast/ boardinghouse”; Chapter 18.115 Arts Overlay Zone, Subsection 18.115.020 Approval criteria, Sub-Subsection D (o); Chapter 18.125 Zoning District Use Groups, Subsection 18.125.230 Use Group 20, Subsection (A) & (B); Chapter 18.145 Special Uses, Subsection 18.145.050 List of special use designations. SU 33 and SU34, are hereby excluded from repeal.
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The following provisions in The Vanderburgh County Code Title 17 Land Use and Zoning, Chapter 17.08 General Provisions, Subsection 17.08.030 Definitions. “Owner-occupied bed and breakfast/boarding-house”; Chapter 17.20 Use Groups, Subsection 17.20.230 Use Group 20; Chapter 17.28 Special Uses, Subsection 17.28.050 List of special use designations. SU 33 and SU34, are hereby excluded from repeal.
20.01.14 Effective Date
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A. This UDO comprises a replacement ordinance for Vanderburgh County and the City of Evansville, as described in IC 36-7-4-602(a). Accordingly, the prior ordinances Evansville Municipal Code Title 17: Subdivisions and Title 18: Zoning and the Vanderburgh County Code Title 16: Subdivisions and Title 17: Land Use and Zoning are hereby repealed on the effective date of this UDO. B. The effective date of this UDO is the latest of the following dates: 1. The final day on which notice of the adoption of the penalty provisions of this UDO is published under IC 36-7-4-610(a). 2. The day on which this UDO is filed in the office of the clerk for each respective legislative body under IC 36-7-4-610(f). 3. [Effective date will be entered here]
Evansville & Vanderburgh County UDO
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Chapter 20.02 | Applicability and Conformity
Chapter 20.02 Applicability and Conformity 20.02.01 General Applicability Except as specifically exempted in this UDO, all uses, structures, and features of real property must comply with the requirements of this UDO and the specific provisions for the district in which they are located.
20.02.02 Compliance Required A. No structure, or land shall be used or occupied in whole or in part unless in complete conformity with this UDO. B. No building or structure, in whole or in part, shall be erected, constructed, reconstructed, moved, enlarged, or structurally altered unless in complete conformity with this UDO. C. No use shall be established or changed for any building, structure, or land unless in complete conformity with this UDO.
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D. No required design feature including, but not limited to, parking, lighting, landscaping, buffering, open space, and transportation mobility networks shall be constructed, reconstructed, moved, or otherwise altered unless in complete conformity with this UDO. E. Principal and accessory structures used for bona fide farm purposes and located less than 250 feet from the nearest property line abutting an unassociated residential use shall be subject to the design, height, and size requirements specified in the Use Conditions in Chapter 20.04. No subdivision of land, combining of parcels, adjustment of a lot line, replatting, amendments to a plat, conversion of common area, modification to a written commitment or condition imposed by the Area Plan Commission during the platting process, or any other alteration to a platted lot or subdivision shall occur unless in full compliance with all applicable provisions of this UDO and all applicable rules of procedure. Further, no final action shall be complete until all required signatures have been entered in writing and applicable recordings have been completed.
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20.02.03 Uniformity within Districts
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The regulations established for each zoning district apply uniformly to each class or kind of use, structure, or land and may include context-sensitive conditions applicable to uses, structures, and land located in similar areas or proximity to identified features.
20.02.04 Conformity with Plans
The provisions of this UDO are intended to implement the current Evansville-Vanderburgh County Comprehensive Plan. It is the intent of the governing bodies that amendments to this UDO be consistent with this plan and any other relevant plans (e.g., a small-area plan, a corridor plan, or a transportation plan) that have been adopted by one or more of the governing bodies.
20.02.05 Conformity with Other Laws A. If a conflict exists between any provision in these regulations and any other rules, regulations, or policies adopted by the government having jurisdiction over the property in question, the provision that is the most restrictive shall prevail. B. If a conflict exists between any provision in these regulations and any state or federal law, the more restrictive provision shall control to the extent permitted by such law.
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Evansville & Vanderburgh County UDO
Chapter 20.02 | Applicability and Conformity C. Unless specifically stated otherwise in this UDO or as required by state or federal law, nothing in these regulations requires or implies the Executive Director to check for conformity with the laws of other jurisdictions prior to issuing a local approval; however, demonstration of compliance may be required as part of the permit approval process.
20.02.06 Application of Deed Restrictions This UDO does not repeal or do away with any private agreements or covenants between parties. Unless deed restrictions, covenants, or other contracts directly involve the county, city, or town as a party in interest, the Executive Director has no responsibility or authority for enforcing their provisions. The Director may, however, as a condition of approval, require that such instruments be submitted for review to ensure their provisions do not conflict with this UDO.
20.02.07 Vested Development Rights & Transition Rules The purpose of this section is not only to make this UDO full effective, but to allow for the continuation of all vested rights related to permits and approvals issued prior to the adoption of this UDO. The following transitional rules shall apply.
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A. Applications
1. Completed Application
Any application or land use application seeking approval from the Board of Zoning Appeals or Area Plan Commission, which has been filed with the required filing fee and which has been determined to be complete prior to the effective date of this UDO, shall be regulated by the terms and conditions of the Zoning Ordinance that was in effect as of the date the application was determined to be complete by the Executive Director.
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However, an applicant may request that the Executive Director treat the application as an application filed according to this UDO instead of a prior ordinance. If the Executive Director grants the request, the application shall then be approved or denied by the appropriate authority including the Executive Director, APC, BZA, or respective legislative body according to the provisions of this UDO.
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2. Re-Application or Expired Application Any re-application for an expired application or permit shall meet the terms, conditions, and development standards of the zoning ordinance in effect at the time of re-application. However, any such completed application filed before the effective date of this UDO, shall be subject to the administrative procedures, procedural rules, and hearing process in effect at the time the completed application is reviewed or heard at a public hearing.
3. No Application Submission or Incomplete Application If no application has been submitted or any application submitted and deemed incomplete prior to the effective date of this UDO, such shall be subject to all requirements and standards of this UDO. 4. Withdrawal of Application If a completed application for a variance was filed and determined to be complete prior to the effective date of this UDO and it is withdrawn, the twelve-month waiting period to file a new rezoning, special use, or variance will not apply.
Evansville & Vanderburgh County UDO
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Chapter 20.02 | Applicability and Conformity
B. Permits 1. Completed Permit a. All permits which have been issued prior to the effective date of this UDO, or which are issued after the effective date of this UDO for a complete application filed under Chapter 20.02.07.A.1 or 20.02.07.B.1 shall remain valid and in effect until the applicable expiration date. Projects with valid permits may be carried out in accordance with the terms and conditions of the Zoning Ordinance that was in effect as of the date the application was determined to be complete by the Executive Director, provided the permit does not expire or lapse prior to the effective date of this UDO. b. An applicant may request that the Executive Director treat the application as filed according to this UDO instead of a prior ordinance. If the Executive Director grants the request, the application shall then be approved or denied by the appropriate authority including the Executive Director, APC, BZA, or respective legislative body according to the provisions of this UDO. 2. Application to Change a Permit
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If an application to substantially change a permit is filed after three years of the effective date of this UDO, then the change to the permit shall be governed by all requirements and standards of this UDO in effect at the time of applying for the change. 3. Re-Application for an Expired Permit
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Any re-application for an expired permit shall meet the terms, conditions, and development standards of the zoning ordinance in effect at the time of re-application. However, any such completed application filed before the effective date of this UDO, shall be subject to the administrative procedures, procedural rules, and hearing process in effect at the time the completed application is reviewed or heard at a public hearing. 4. Unexpired Permits
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Permits issued prior to the effective date of this UDO remain valid for the development, change, or use permitted provided they do not expire. If they expire, and the Executive Director determines that substantial work or investment in the development has not been made and no valid vested right has been established, any future development, change, or use of the site must conform to all the requirements of this UDO.
5. Changes
No provision of this UDO shall require any change in the plans, construction, or designated use of any structure for which an Improvement Location Permit has been issued prior to the effective date of this UDO, or for a permit that was issued under Chapter 20.02.07.B.1 above.
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Evansville & Vanderburgh County UDO
Chapter 20.02 | Applicability and Conformity
C. Area Plan Commission and Board of Zoning Appeals Final Decisions 1. Area Plan Commission Final Decisions All final decisions of the APC (as defined in IC 36-7-4-1016(b), which includes development plans and plats) which have been approved prior to the effective date of this UDO, or which were approved after the effective date of this UDO due to the filing of a completed application under Chapter 20.02.07.A.1 above, shall remain valid and in effect until the applicable expiration date. A final decision of the APC maybe carried out in accordance with the APC’s conditions of approval and the terms, conditions, and development standards of the zoning and subdivision ordinances in effect at the time of the APC’s decision, or for a completed application under 20.02.07.A.1 above at the time the application is filed; unless the APC’s decision is reversed, expired, or lapsed, prior to the effective date of this UDO. 2. Board of Zoning Appeals Final Decisions
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All final decisions of the BZA (as defined in IC 36-7-4-1016(a), which includes special exceptions, special uses, and variance from development standards) which have been approved prior to the effective date of this UDO, or which were approved after the effective date of this UDO due to the filing of a completed application under Chapter 20.02.07.A.1 above, shall remain valid and in effect until the applicable expiration date. A final decision of the BZA maybe carried out in accordance with the BZA’s conditions of approval and the terms, conditions, and development standards of the zoning ordinance in effect at the time of the BZA’s decision, or for a completed application under 20.02.07.A.1 above at the time the application is filed; unless the BZA’s decision is reversed, expired, or lapsed, prior to the effective date of this UDO. 3. Application to Substantially Change APC or BZA Final Decisions
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If an application to substantially change an APC or BZA final decision is filed three years after the effective date of this UDO, then the change to the final decision shall be governed by terms, conditions, and development standards of this UDO in effect at the time of applying for the change.
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D. Legacy Districts
Legacy districts may continue to develop as approved regarding use, density, intensity, massing, and scale. Changes to other features of a legacy district to bring them into compliance with this UDO that do not negatively impact one of these elements or an established vested right may, at the discretion of the APC, be required.
Evansville & Vanderburgh County UDO
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Chapter 20.02 | Applicability and Conformity
20.02.08 Nonconformities Nonconformities as defined in this UDO are declared to be incompatible with the use and development of land and structures within the zoning districts established by this UDO. It is the intent of the governing bodies to allow nonconformities to continue until they are removed, but not to encourage their survival. Nonconformities are subject to the provisions established in this section.
A. In General 1. Any parcel of land, use of land, easement, or structure lawfully existing on the date of any amendment in the text of this UDO, or on the date of a zoning map amendment, that does not conform to the use or dimensional requirements of the zoning district in which it is located may be continued and maintained in accordance with the provisions of this section and other applicable provisions of this UDO.
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2. A nonconformity shall not be changed to any other nonconformity unless the Executive Director finds that the new proposed nonconformity is more in character with the uses and development patterns in the zoning district in which it is located. In approving such a request, the Executive Director may require appropriate conditions, limitations, and safeguards to ensure the intent of this UDO is met. 3. A nonconformity shall only be extended, enlarged, or intensified in conformity with this section. 4. Repairs ordered by a jurisdictions or other government entity to improve public health, safety, or welfare may be made to any structure subject to the provisions of this section. 5. Lots, structures, or features made nonconforming solely as a result of land acquisition for roads, utilities, or other public projects shall not be declared nonconforming for the purposes of this section and shall have all the rights and privileges afforded to other legal conforming lots, structures, or features of record.
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B. Nonconforming Lots
1. Vacant Lots in General
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Vacant lots for which plats or deeds have been recorded in the Vanderburgh County Recorder’s Office which fail to comply with the minimum area or other dimensional requirements of the zoning districts in which they are located may be used for any of the uses permitted in the zoning districts in which they located, provided that: a. Where the lot area is not more than 20 percent below the minimum specified in this UDO, and other dimensional requirements are otherwise complied with, the Executive Director is authorized to approve a permit. b. Where the lot area is more than 20 percent below the minimum specified in this UDO, or other dimensional requirements cannot be met for the lot, the Board of Zoning Appeals may, in its discretion, approve a variance provided the dimensions approved conform as closely as possible to the required dimensions.
2. Recombination of Nonconforming Vacant Lots If two or more adjoining lots with continuous frontage are in a single ownership at any time after the adoption or amendment of this UDO and such lots individually are too small to meet the yard, width, or area requirements of the district in which they are located, such groups of lots shall be considered as a single lot or several lots of minimum permitted size and the lot or lots in one ownership shall be subject to the requirements of this UDO.
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Evansville & Vanderburgh County UDO
Chapter 20.02 | Applicability and Conformity 3. Nonconforming Occupied Lots Nonconforming lots occupied by buildings or structures that fail to comply with the dimensional requirements for the district in which they are located may continue to be used, provided the specific nonconformity is not increased. The minimum yard requirements of this UDO shall not be construed as prohibiting the conversion of an existing building which does not meet the minimum yard requirements to another permitted use, so long as no further encroachment is made into the existing yards. 4. Nonconforming Single-Family Lots In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this UDO, a single-family dwelling and its customary accessory buildings may be erected on any single lot of record after the effective date of this UDO provided that all other applicable requirements, such as height, parking, landscape, etc. of the zoning district are met.
C. Nonconforming Structures Excluding Signs
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A nonconforming structure, devoted to a use permitted in the zoning district in which it is located, may continue in accordance with the provisions of this section. 1. A nonconforming structure shall not be moved to another location unless it thereafter conforms to the standards of the zoning district in which it is located and an ILP is issued for the structure in the new location. 2. A nonconforming structure used primarily as a non-residential use shall not be rebuilt, altered, or repaired following accidental damage except in conformity with this UDO after sustaining damage or necessitating repair exceeding 50 percent of the replacement cost of the structure at the time of damage or wear, provided that any permitted reconstruction shall begin within six months from the time of damage or notice of wear and shall be completed within three years after the issuance of a building permit.
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3. Then a nonconforming structure used for residential purposes is damaged or destroyed, the owner of the parcel shall be permitted to reconstruct, repair, or renovate the nonconforming structure if the reconstruction, repair, or renovation meets the following requirements: a. The structure will continue to be used for residential purposes;
b. The new foundation of the reconstructed, repaired, or renovated structure may not exceed the square footage of the foundation of the damaged or destroyed structure; and c.
Is not under the jurisdiction of a preservation commission; or
d. Located within a floodplain as confirmed by the Floodplain Administrator. 4. A nonconforming structure shall not be demolished and rebuilt as a nonconforming structure. 5. Non-conforming manufactured homes lawfully occupied may continue to be occupied provided the home is maintained in compliance with applicable state codes. 6. Whether destroyed by accidental means including destruction by fire, other calamity, or natural disaster, a nonconforming structure that is subject to the jurisdiction of a preservation commission organized under IC 36-7-11 may be restored to its former condition provided such restoration is permitted by the building code and flood hazard regulations and is started within three years of the date of damage.
Evansville & Vanderburgh County UDO
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Chapter 20.02 | Applicability and Conformity 7. The burden of proof to establish that the destruction of a structure was due to accidental means as described above and that the structure was legally nonconforming shall be on the owner. 8. Except as otherwise provided in this UDO, no nonconforming structure that is voluntarily razed or required by law to be razed by the owner may thereafter be restored except in full conformity with the provisions of these regulations.
D. Nonconforming Signs 1. Requirements for Continuance Legal nonconforming signs may continue only in accordance with all the following provisions. a. There shall be no increase in the extent of nonconformity of a nonconforming sign. Without limiting the generality of that statement, no nonconforming sign may be enlarged, reduced, or altered in such a manner as to increase the nonconformity, nor may illumination or electronic capability be added to any nonconforming sign.
c.
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b. A nonconforming sign may not be moved or replaced except to bring the sign into complete conformity with this UDO. If a nonconforming sign is destroyed by natural causes, it may not be repaired, reconstructed, or replaced except in conformity with all the provisions of this UDO, and the remnants of the former sign structure shall be cleared from the land. For purposes of this section, a nonconforming sign is “destroyed” if damaged to an extent that the cost of repairing the sign to its former stature or replacing it with an equivalent sign equals or exceeds the value (tax value if listed for tax purposes) of the sign before damage.
d. The message area of a nonconforming sign may be changed so long as the change does not create new nonconformities.
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e. Subject to the other provisions of this section, nonconforming signs may be repaired and renovated so long as the cost of such work within any 12-month period does not exceed 50 percent of the value of such sign.
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2. Requirements for Compliance
The following types of sign must comply with the requirements of this UDO within 90 days of receipt of a notice of noncompliance. a. Nonconforming signs that remain blank for a continuous period of 180 days shall be deemed abandoned and must be altered to comply with this UDO or be removed by the sign owner, owner of the property where the sign is located, or other person having control over such sign. For purposes of this section, a sign is “blank” if any of the following apply: i.
It advertises a business, service, commodity, accommodation, attraction or other enterprise or activity that is no longer operating or being offered or conducted.
ii.
The advertising message it displays becomes illegible in whole or substantial part.
iii. The advertising copy paid for by a party other than the sign owner or promoting an interest other than the rental of the sign has been removed. b. Portable signs and temporary signs.
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Evansville & Vanderburgh County UDO
Chapter 20.02 | Applicability and Conformity c.
Nonconforming signs present anywhere on a redevelopment site. Such signs shall be removed prior to issuance of a grading permit or commencement of new construction on the site.
d. Signs determined to be structurally unsafe by the Building Commission.
E. Nonconforming Uses Nonconforming uses of land or structures may continue only in accordance with the provisions of this section. 1. A nonconforming use or characteristic of use shall not be expanded except in conformity with this UDO provided it meets all the following criteria: a. A nonconforming use of a building. Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this UDO. A use may not be extended to occupy any land outside such building. Expansion of a nonconforming use is limited and shall not include: ii.
An intensification of use,
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i.
A physical expansion that results in increased capacity or activity associated with the use,
iii. An extension of the hours of operation or number of days of activity, or iv. Any reasonably similar change in activity or location as determined by the Executive Director. b. A nonconforming use of land. A nonconforming use of land outside a building shall not be extended, enlarged, or intensified after the effective date of this UDO.
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2. A nonconforming use shall not be moved from one location on a site to another location on the same site unless the owner can demonstrate to the satisfaction of the Executive Director that the relocation of the use will not increase the impacts of such use on the public, will not adversely affect adjacent lots, and will not have the effect of making the nonconformity more permanent.
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3. A nonconforming use shall not be changed to any other use unless the new use conforms to the standards of the zoning district in which it is located. Once a nonconforming use is changed to a conforming use, a nonconforming use shall not be re-established. 4. A nonconforming use or characteristic of use shall not be reestablished after vacancy, abandonment, or discontinuance for any period of six consecutive months. 5. Changes to a structure occupied by a nonconforming use are limited to the following and shall not be construed to permit an unauthorized expansion. a. Structural changes ordered by an authorized official to ensure the safety of the structure. b. Normal maintenance and incidental repair or replacement, installation or relocation of non-bearing walls or non-bearing partitions required to keep a structure in sound condition. c.
The addition of facilities to improve handicapped accessibility.
d. The addition of energy conservation or generation features. e. Structural changes necessary to convert the nonconforming use to a conforming use shall be permitted.
Evansville & Vanderburgh County UDO
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Chapter 20.02 | Applicability and Conformity f.
An existing nonconforming residential structure may be enlarged or altered provided no additional dwelling units or bedrooms result. Any such enlargement or alterations shall comply with all yard requirements of the district and use.
g. The structure and its accompanying use may be moved to another location on the parcel so long as the structure meets all applicable requirements of the district.
F. Nonconforming Design Elements Legal nonconforming features may be continued subject to the following conditions. 1. No action shall be taken which increases the degree or extent of the nonconformity. Any enlargement, extension, structural alteration, parking changes, and other changes to design features including, but not limited to, lot design, building design, and access shall conform to all current requirements of this UDO unless explicitly exempted within these regulations.
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2. For development existing (or for which a vested right had been established) before the effective date of current regulations, nonconforming features created by a change in regulations may continue to exist, and structures with such nonconforming features may be reconstructed if demolished or destroyed.
G. Additional Requirements for Nonconforming Accessory Uses and Structures No nonconforming accessory use or accessory structure shall continue after the principal use or structure is terminated by abandonment, discontinuance, damage, or destruction unless such accessory use or accessory structure thereafter is made to conform to the standards for the zoning district in which it is located.
H. Changes in Tenancy or Ownership
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Change in tenancy or ownership of an existing nonconforming use, lot, or structure shall not affect its status provided there is no change in the nature or character of such nonconforming use or structure, excluding exterior site or structure condition, except as permitted in this section and all other applicable requirements of this UDO are met (e.g., parking, screening, landscaping, etc.).
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Evansville & Vanderburgh County UDO
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Chapter 20.02 | Applicability and Conformity
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Chapter 20.03 | Zoning Districts
Chapter 20.03 Zoning Districts 20.03.01 Zoning Districts Established The City of Evansville and Vanderburgh County, Indiana is hereby divided into the following zoning districts as listed in Table 20.03.01. These districts are categorized into two major classes of districts, standard districts and overlay districts. Standard districts are further defined by primary use into the following categories: Agricultural, Residential Districts, Commercial Districts, Employment Districts, and Other Districts.
Table 3.01 Zoning Districts Established Previous Districts
New Districts
Agriculture (A)
Agriculture (AG)
AGRICULTURE DISTRICTS RESIDENTIAL DISTRICTS
Single-Family Residential (SFR-1a)
Residential-1 (R-1) Residential-2 (R-2)
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Single-Family Residential (SFR-1b) Low-Density Residential (LDR-2)
Residential-3 (R-3)
Medium-Density Residential (MDR-3)
Residential-4 (R-4) Residential-5 (R-5)
High-Density & Mixed-Use Residential (HMR-4)
COMMERCIAL DISTRICTS Commercial Office-1 (CO-1) Commercial Office-2 (CO-2) Neighborhood Commercial (C-1)
Community Commercial (CC-2)
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Community Commercial (C-2)
Neighborhood Commercial (NC-1)
General Commercial (C-4) Central Business (C-3)
Regional Commercial (RC-3) Central Business District (CBD)
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EMPLOYMENT DISTRICTS Light Industrial (M-1)
General Industrial (M-2) Industrial (M-3)
Employment District (EM-1) Heavy Industrial (HM-2)
OTHER DISTRICTS Planned Unit Development (PUD)
Planned Unit Development (PUD)
Waterfront Recreational/Residential (W-R)
Waterfront Mixed-Use (W-MU)
Waterfront Industrial (W-I) Floodway (F-1) Conservation (CON) Airport (AIR)
Airport (AIR)
OVERLAY DISTRICTS Jacobsville Overlay Zone (JOZ)
Jacobsville Overlay District (JAC-O)
West Franklin Overlay Zone (WFOZ) Arts Overlay Zone (AOZ)
Arts Overlay Zone (ART-O) Airport Overlay District (AIR-O)
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Evansville & Vanderburgh County UDO
Chapter 20.03 | Zoning Districts
20.03.02 Standard Districts Standard districts are divided into one of the following categories: Agricultural Districts, Residential Districts, Commercial Districts, or Employment Districts. Each standard district serves a different purpose and imposes its own set of requirements and restrictions on the use of land in addition to the general requirements and restrictions imposed on all land or uses within the zoning jurisdiction. A standard district may be layered with an overlay district.
20.03.03 Overlay Districts Overlay districts are established to provide for certain additional requirements, to permit uses not otherwise permitted in the underlying standard district, to prohibit uses allowed in the underlying standard district, or to establish special development requirements for uses permitted in the standard district. Thus, where overlay districts exist and there is a conflict between the requirements or uses specified between the overlay and the underlying district, the standards of the overlay district shall prevail. Otherwise, the standards of the underlying district shall apply for an overlay district.
20.03.04 Zoning Districts
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The following tables provide the standards for all zoning districts within City of Evansville and Vanderburgh County. The tables include the purpose, intensity and dimensional standards with notes, images of example building types, example lot patterns, example development configurations, and cross references to other sections in this Ordinance.
Evansville & Vanderburgh County UDO
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Chapter 20.03 | Zoning Districts
20.03.05.A. AGRICULTURE (AG) PURPOSE
EXAMPLE BUILDING TYPE
The purpose of the Agriculture (AG) District is to allow agriculture uses in accordance with the Comprehensive Plan and to preserve and maintain agriculture as a desired way of life. Agriculture includes the cultivation of crops, growing of produce, raising of livestock, small farm wineries, and certain activities involving horses. On-farm sales, agritourism businesses, and singlefamily homes associated with the agriculture uses are also appropriate. Existing woodlands, wetlands, and natural topography should be preserved to the greatest extent possible. Single family residential homes are permitted. Major subdivisions are not permitted in the agriculture district.
INTENSITY AND DIMENSIONAL STANDARDS Minimum Lot Area (ac) Minimum Lot Width (ft)
100
Maximum Lot Width to Depth Ratio Maximum Lot Coverage (%)
1:3
2
30
3
35
4
Minimum Front Yard Setback (ft) Minimum Side Yard Setback (ft)
5
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Maximum Height (ft)
EXAMPLE LOT PATTERN > 2.5
1
10
Minimum Side Yard Setback on Corner Lot (ft)
10
Minimum Rear Yard Setback (ft)
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CROSS REFERENCES Permitted Use and Special Exceptions
Chapter 20.07
Development Standards Parking and Loading Standards
Chapter 20.09 Chapter 20.10
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Signs
NOTES
Chapter 20.04
Minimum one acre permitted based on soils test and septic system approval from Vanderburgh County Health Department or connection to a sewer system.
1
Does not apply to primary uses of land that are agricultural uses as defined in the Definition Chapter.
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2
Lot coverage includes all impervious surfaces. impervious surface may be increased to 50%.
3
For active farmsteads,
4
See Use Conditions for the height of accessory farming structures.
5
Aggregate side yard setback.
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Evansville & Vanderburgh County UDO
Chapter 20.03 | Zoning Districts
20.03.05.B. SINGLE-FAMILY RESIDENTIAL A (SFR-1a) PURPOSE
EXAMPLE BUILDING TYPE
The purpose of the Single-Family Residential A (SFR-1a) District is to allow for single-family detached residential uses with larger lots sizes than permitted in the SFR-1b. These residences are typically within subdivisions. Secondary uses in this district could include open space, health and recreation uses, accessory dwelling units, education, and religious uses.
INTENSITY AND DIMENSIONAL STANDARDS 1 Minimum Lot Area (sq.ft.)
EXAMPLE LOT PATTERN 5,000
2
Minimum Lot Width (ft)
50
Maximum Lot Width to Depth Ratio
1:2
Maximum Lot Coverage (%)
60
3
35
Minimum Front Yard Setback (ft) Minimum Side Yard Setback (ft)
20
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Maximum Height (ft) 4
5
Minimum Side Yard Setback on Corner Lot (ft)
10
Minimum Rear Yard Setback (ft)
20
CROSS REFERENCES
Permitted Use and Special Exceptions
Chapter 20.04
Development Standards
Chapter 20.07
Parking and Loading Standards
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Chapter 20.09 Chapter 20.10
Signs
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For lots not connected to a public sewer system, the Agriculture District standards shall apply.
1
2 To achieve this lot size, there must be connection to public sewer or other acceptable waste disposal system as approved by the Vanderburgh County Health Department. 3
Lot coverage includes all impervious surfaces.
4
Aggregate side yard setback.
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Chapter 20.03 | Zoning Districts
20.03.05.C. SINGLE-FAMILY RESIDENTIAL B (SFR-1b) PURPOSE
EXAMPLE BUILDING TYPE
The purpose of the Single-Family Residential B (SFR-1b) District is to allow single-family detached residential uses with smaller lot sizes typically within subdivisions. Secondary compatible uses in this residential district could include open space, health and recreation uses, accessory dwelling units, education, and religious uses.
INTENSITY AND DIMENSIONAL STANDARDS 1 Minimum Lot Area (sq.ft.)
EXAMPLE LOT PATTERN 4,000
2
Minimum Lot Width (ft)
40
Maximum Lot Width to Depth Ratio
1:3
Maximum Lot Coverage (%)
75
3
35
Minimum Front Yard Setback (ft) Minimum Side Yard Setback (ft)
4
10
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Maximum Height (ft)
5
Minimum Side Yard Setback on Corner Lot (ft)
10
Minimum Rear Yard Setback (ft)
10
CROSS REFERENCES Permitted Use and Special Exceptions
Chapter 20.07
Development Standards Parking and Loading Standards
Chapter 20.09 Chapter 20.10
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NOTES
Chapter 20.04
For lots not connected to a public sewer system, the Agriculture District standards shall apply.
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2 To achieve this lot size, there must be connection to public sewer or other acceptable waste disposal system as approved by the Vanderburgh County Health Department. 3
Lot coverage includes all impervious surfaces.
4
Aggregate side yard setback.
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Chapter 20.03 | Zoning Districts
20.03.05.D. LOW-DENSITY RESIDENTIAL (LDR-2) PURPOSE
EXAMPLE BUILDING TYPE
The intent of the Low Density Residential (LDR-2) District is to protect and strengthen existing residential neighborhoods and provide opportunities for several different types and sizes of single family residential dwelling units and subdivisions while ensuring compatibility with surrounding patterns of development. The defined character may vary by neighborhood, but new development should reflect the scale of adjacent neighborhoods. Neighborhoods in this district should have walkable, well-connected street systems that connect to adjacent neighborhoods and destinations. Residential types could include single family units, single family attached units, duplex units, and townhouses/ row houses. Supporting non-residential uses located in this district could be parks, schools, and institutional uses, as well as neighborhood-scaled low intensity commercial uses at key intersections with special use approval.
INTENSITY AND DIMENSIONAL STANDARDS Minimum Lot Area (sq.ft.)
4,000
Minimum Lot Width (ft) Maximum Lot Coverage (%)
EXAMPLE LOT PATTERN 40 75
1
35
Minimum Front Yard Setback (ft) Minimum Side Yard Setback (ft)
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Maximum Height (ft)
2
10 5
Minimum Side Yard Setback on Corner Lot (ft)
10
Minimum Rear Yard Setback (ft)
10
CROSS REFERENCES
Permitted Use and Special Exceptions
Chapter 20.04
Development Standards
Chapter 20.07
Signs
NOTES
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Parking and Loading Standards
Lot coverage includes all impervious surfaces.
2
Aggregate side yard setback
Chapter 20.10
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Chapter 20.09
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Chapter 20.03 | Zoning Districts
20.03.05.E. MEDIUM-DENSITY RESIDENTIAL (MDR-3) PURPOSE
EXAMPLE BUILDING TYPE
The intent of the High Density Residential (HDR-3) District is to protect and strengthen existing residential neighborhoods by accommodating smaller residential lot sizes, varying residential types, along with supporting uses in a higher density, urbanized area. Residential types could include single family residential, duplex, triplex, quadplex or other multi-unit structures, apartments, live-work units, or second floor residential. Mixed-use and infill development should be sensitive to the surrounding scale and context of the established development pattern and character of the existing built environment. Supporting non-residential uses, such as parks, schools, and institutional uses. Low-intensity neighborhood commercial uses may also be appropriate at key intersections in this district as special uses.
INTENSITY AND DIMENSIONAL STANDARDS Minimum Lot Area (sq.ft.) Minimum Lot Width (ft)
30
Maximum Lot Coverage (%)
85
1
65
2
Minimum Front Yard Setback (ft) Minimum Side Yard Setback (ft)
3
10
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Maximum Height (ft)
EXAMPLE LOT PATTERN 4,000
5
Minimum Side Yard Setback on Corner Lot (ft)
10
Minimum Rear Yard Setback (ft)
5
CROSS REFERENCES Permitted Use and Special Exceptions
Chapter 20.07
Development Standards Parking and Loading Standards
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Chapter 20.09 Chapter 20.10
Signs
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Chapter 20.04
Lot coverage includes all impervious surfaces.
3
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Buildings abutting property in SFR-1a, SFR-1b, and AG districts must comply with the standards in Section XX, Neighborhood Transition Standards..
2
Aggregate side yard setback.
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Evansville & Vanderburgh County UDO
Chapter 20.03 | Zoning Districts
20.03.05.F. HIGH-DENSITY AND MIXED-USE RESIDENTIAL (HMR-4) PURPOSE
EXAMPLE BUILDING TYPE
The intent of the High Rise & Mixed Use Residential (HMR-4) District is to support multiple-story living units in a high density, urbanized area. Development types could include high rise apartment buildings, apartment complexes, multistory mixed use building with retail or office on the ground floor and residential above, or other types of multi-family uses that are similar in density and scale. Complimentary uses could include office, commercial, non-residential uses, parks, schools, and institutional uses.
INTENSITY AND DIMENSIONAL STANDARDS Minimum Lot Area (sq.ft.)
4,000
Minimum Lot Width (ft) Maximum Lot Coverage (%) Maximum Height (ft)
EXAMPLE LOT PATTERN 40 90
1
150
2
Minimum Front Yard Setback (ft)
0
Minimum Side Yard Setback (ft)
2
AF T
3
Minimum Side Yard Setback on Corner Lot (ft)
10
Minimum Rear Yard Setback (ft)
2
CROSS REFERENCES
Permitted Use and Special Exceptions
Chapter 20.04
Development Standards
Chapter 20.07
Parking and Loading Standards
Chapter 20.10
NOTES
R
Signs
1
Chapter 20.09
Lot coverage includes all impervious surfaces.
Buildings abutting property in SFR-1a, SFR-1b, LDR-2, and AG districts must comply with the standards in Section XX, Neighborhood Transition Standards.
3
Aggregate side yard setback.
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Evansville & Vanderburgh County UDO
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Chapter 20.03 | Zoning Districts
20.03.05.G. NEIGHBORHOOD COMMERCIAL (NC-1) PURPOSE
EXAMPLE BUILDING TYPE
The Neighborhood Commercial (NC-1) District is intended to provide locations for a variety of small-scale, storefront, mixed-use commercial, professional office, and residential activities. These can include convenience stores, retail shops, some personal and professional services, apartments, live-work units, etc. This district typically contains businesses that primarily serve the neighborhoods they are located in and often are clustered at key intersections. Development in this district should be designed to fit in with the surrounding character regarding building height, scale, orientation, green space, access, parking, walkability and connectivity to the neighborhood it serves.
INTENSITY AND DIMENSIONAL STANDARDS Maximum Lot Area (sq.ft.)
20,000
Minimum Lot Width (ft)
n/a
Maximum Lot Coverage (%)
85
1
35
2
Maximum Front Yard Setback (ft) Minimum Side Yard Setback (ft)
5
2, 3
0
2
AF T
Maximum Height (ft)
EXAMPLE LOT PATTERN
Minimum Side Yard Setback on Corner Lot (ft)
10
Minimum Rear Yard Setback (ft)
0
CROSS REFERENCES Permitted Use and Special Exceptions Parking and Loading Standards
NOTES 1
Chapter 20.09 Chapter 20.10
R
Signs
Chapter 20.04 Chapter 20.07
Development Standards
Lot coverage includes all impervious surfaces.
3
D
Buildings abutting property in SFR-1a, SFR-1b, LDR-2, SFR-1, and AG districts must comply with the standards in Section 20.07.XX., Neighborhood Transition Standards.
2
The side yard setback must be consistent with adjacent properties.
32
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Evansville & Vanderburgh County UDO
Chapter 20.03 | Zoning Districts
20.03.05.H. COMMUNITY COMMERCIAL (CC-2) PURPOSE
EXAMPLE BUILDING TYPE
The Community Commercial (CC-2) District is intended to provide locations for a variety of free-standing, small-scale, storefront commercial, professional office, and residential activities. Additional single-use larger commercial stores may be supported in a single building or through the development of a commercial strip with multiple uses. These can include convenience stores, retail shops, some personal and professional services, restaurants, etc. This district is typically serves many neighborhoods or a portion of the community, a larger area than the neighborhood commercial district. Developments in this district might have multiple access points along roadways; development may even front along a major roadway. Development in this district should be designed to fit in with the surrounding character regarding building height, scale, orientation, access, parking, walkability and connectivity to the residential areas it serves.
INTENSITY AND DIMENSIONAL STANDARDS Minimum Lot Area (sq.ft.)
20,000
Minimum Lot Width (ft) Maximum Lot Coverage (%)
n/a 60
1
50
2
Minimum Front Yard Setback (ft) Minimum Side Yard Setback (ft)
AF T
Maximum Height (ft)
EXAMPLE LOT PATTERN
2
2
10 10
Minimum Side Yard Setback on Corner Lot (ft)
10
Minimum Rear Yard Setback (ft)
20
CROSS REFERENCES
Permitted Use and Special Exceptions
Chapter 20.04
Development Standards
Chapter 20.07
Signs
NOTES
Chapter 20.09 Chapter 20.10
Lot coverage includes all impervious surfaces.
D
1
R
Parking and Loading Standards
Buildings abutting property in SFR-1a, SFR-1b, LDR-2, and AG districts must comply with the standards in Section 20.07.XX., Neighborhood Transition Standards.
2
Evansville & Vanderburgh County UDO
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33
Chapter 20.03 | Zoning Districts
20.03.05.I. REGIONAL COMMERCIAL (RC-3) PURPOSE
EXAMPLE BUILDING TYPE
The Regional Commercial (RC-3) District is intended to provide locations for medium-scaled employment and community and regional commercial projects that provide a mixture of retail, office-related uses, and goods and services that provide significant employment opportunities to the area. Given the change in the retail market, this district offers flexibility to redevelop areas along arterial and collector streets that accommodate increased traffic demands. Redevelopment is encouraged but should be sensitive to any surrounding residential. Residential could be incorporated as part of a redevelopment concept.
INTENSITY AND DIMENSIONAL STANDARDS Minimum Lot Area (sq.ft.)
n/a
Minimum Lot Width (ft)
n/a
Maximum Lot Coverage (%)
75
1
50
2
Minimum Front Yard Setback (ft) Minimum Side Yard Setback (ft)
0
2
2
0
AF T
Maximum Height (ft)
EXAMPLE LOT PATTERN
Minimum Side Yard Setback on Corner Lot (ft)
10
Minimum Rear Yard Setback (ft)
0
2
CROSS REFERENCES Permitted Use and Special Exceptions
Chapter 20.07
Development Standards Parking and Loading Standards
NOTES 1
Chapter 20.09 Chapter 20.10
R
Signs
Chapter 20.04
Lot coverage includes all impervious surfaces.
Buildings abutting property in SFR-1a, SFR-1b, LDR-2, and AG districts must comply with the standards in Section 20.07.XX., Neighborhood Transition Standards.
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2
34
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Evansville & Vanderburgh County UDO
Chapter 20.03 | Zoning Districts
20.03.05.J. CENTRAL BUSINESS DISTRICT (CBD) PURPOSE
EXAMPLE BUILDING TYPE
The Central Business District (CBD) is to promote and foster an expanded role for the downtown so that it will offer substantial retail, service, residential, cultural, and entertainment components to produce a thriving regional center. The development in this district is intended to include a mix of multiple-story, moderate-to-high density uses that will promote active streets including office, commercial, townhomes, apartments, and plazas.
INTENSITY AND DIMENSIONAL STANDARDS Minimum Lot Area (sq.ft.)
n/a
Minimum Lot Width (ft) Maximum Lot Coverage (%)
EXAMPLE LOT PATTERN 0 100
1
Maximum Height (ft)
0
Minimum Front Yard Setback (ft)
Minimum Side Yard Setback on Corner Lot (ft) Minimum Rear Yard Setback (ft)
CROSS REFERENCES
0
2
AF T
Minimum Side Yard Setback (ft)
0
2
2
2
0 0
Permitted Use and Special Exceptions
Chapter 20.04
Development Standards
Chapter 20.07
Parking and Loading Standards
NOTES 1
Chapter 20.10
R
Signs
Chapter 20.09
Lot coverage includes all impervious surfaces.
Buildings abutting property in lesser residential or commercial district must comply with the standards in Section 20.07.XX., Neighborhood Transition Standards.
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Evansville & Vanderburgh County UDO
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Chapter 20.03 | Zoning Districts
20.03.05.K. EMPLOYMENT (EM-1) PURPOSE
EXAMPLE BUILDING TYPE
The intent of the Employment (EM-1) District is to provide locations for future employment uses that provide the basic needs for Evansville, Vanderburgh County, and the Tri-State region while ensuring the uses, parcel layout, access, and scale are consistent with surrounding development. It is anticipated that this district be broad enough to allow for the changes in technology overtime and promote redevelopment of old business park areas. Many different uses are considered employment uses, but careful consideration should be given to the location, size, height, outputs, storage, traffic, and impact to adjacent properties.
INTENSITY AND DIMENSIONAL STANDARDS Minimum Lot Area (sq.ft.)
n/a
Minimum Lot Width (ft)
n/a
Maximum Lot Coverage (%)
75
1
Maximum Height (ft)
60
Minimum Front Yard Setback (ft)
10
2
Minimum Side Yard Setback on Corner Lot (ft) Minimum Rear Yard Setback (ft)
2
CROSS REFERENCES Permitted Use and Special Exceptions Parking and Loading Standards
2
10
5 / 10
2
Chapter 20.04 Chapter 20.09 Chapter 20.10
R
NOTES
2
Chapter 20.07
Development Standards
1
5 / 10
2
AF T
Minimum Side Yard Setback (ft)
Signs
EXAMPLE LOT PATTERN
Lot coverage includes all impervious surfaces.
Buildings abutting property in lesser residential or commercial district must comply with the standards in Section 20.07.XX., Neighborhood Transition Standards.
D
2
36
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Evansville & Vanderburgh County UDO
Chapter 20.03 | Zoning Districts
20.03.05.L. HEAVY INDUSTRIAL (HM-2) PURPOSE
EXAMPLE BUILDING TYPE
The Heavy Industrial (HM-2) District is intended to provide locations for intensive industrial uses that have extensive outdoor storage/service areas, generate heavy truck traffic, or create negative impacts that must be mitigated or buffered.
INTENSITY AND DIMENSIONAL STANDARDS Minimum Lot Area (sq.ft.)
n/a
Minimum Lot Width (ft) Maximum Lot Coverage (%)
EXAMPLE LOT PATTERN n/a 75
1
Maximum Height (ft)
n/a
Minimum Front Yard Setback (ft)
Minimum Side Yard Setback on Corner Lot (ft) Minimum Rear Yard Setback (ft)
CROSS REFERENCES
10 5 / 10
2
2
AF T
Minimum Side Yard Setback (ft)
2
2
2
10
5 / 10
2
Permitted Use and Special Exceptions
Chapter 20.04
Development Standards
Chapter 20.07
Parking and Loading Standards
NOTES 1
Chapter 20.10
R
Signs
Chapter 20.09
Lot coverage includes all impervious surfaces.
Buildings abutting property in lesser residential or commercial district must comply with the standards in Section 20.07.XX., Neighborhood Transition Standards.
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Evansville & Vanderburgh County UDO
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37
Chapter 20.03 | Zoning Districts
20.03.05.M. PLANNED UNIT DEVELOPMENT (PUD) PURPOSE The purpose of the Planned Unit Development (PUD) District is to provide a means of achieving innovative and creative design and flexibility of development through an alternative zoning procedure when sufficiently justified under the provisions of this Chapter. Planned Unit Developments are intended to encourage a higher quality of design and more than would typically occur according to conventional zoning districts. A PUD may incorporate a variety of residential types and nonresidential uses. These projects may also contain both individual building sites and common property which are planned and developed as a unit. The result shall fulfill the objectives of the comprehensive plan and other planning policies of the City and County while departing from the application of the district regulations.
INTENSITY AND DIMENSIONAL STANDARDS Minimum Lot Area (sq.ft.) Minimum Lot Width (ft) Maximum Height (ft) Based on PUD District Ordinance
Minimum Front Yard Setback (ft) Minimum Side Yard Setback (ft) Minimum Rear Yard Setback (ft)
CROSS REFERENCES Permitted Use and Special Exceptions Parking and Loading Standards
Chapter 20.09 Chapter 20.10
D
R
NOTES
Chapter 20.04 Chapter 20.07
Development Standards Signs
AF T
Minimum Side Yard Setback on Corner Lot (ft)
38
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Evansville & Vanderburgh County UDO
Chapter 20.03 | Zoning Districts
20.03.05.N. WATERFRONT MIXED-USE (W-MU) PURPOSE
EXAMPLE BUILDING TYPE
The Waterfront Mixed Use (W-MU) District is to recognize the value of the Ohio River as an amenity and destination while also ensuring adjacent development does not negatively impact the river itself or views of the river from other areas of the community. The Waterfront District can accommodate a range of uses that highlight the river, including boat harbors and marinas, hotels, parks, residential, and recreation activities.
INTENSITY AND DIMENSIONAL STANDARDS Minimum Lot Area (sq.ft.)
n/a
Minimum Lot Width (ft) Maximum Lot Coverage (%)
EXAMPLE LOT PATTERN n/a 75
1
Maximum Height (ft)
35
Minimum Front Yard Setback (ft)
Minimum Side Yard Setback on Corner Lot (ft) Minimum Rear Yard Setback (ft)
CROSS REFERENCES
5
2
AF T
Minimum Side Yard Setback (ft)
10
2
2
2
10
n/a
Permitted Use and Special Exceptions
Chapter 20.04
Development Standards
Chapter 20.07
Parking and Loading Standards
NOTES 1
Chapter 20.10
R
Signs
Chapter 20.09
Lot coverage includes all impervious surfaces.
Buildings abutting property in lesser residential or commercial district must comply with the standards in Section 20.07.XX., Neighborhood Transition Standards.
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Evansville & Vanderburgh County UDO
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39
Chapter 20.03 | Zoning Districts
20.03.05.O. AIRPORT (AIR) PURPOSE
EXAMPLE BUILDING TYPE
The Airport District (AIR) is intended to protect the public health, safety, and welfare by regulating the development and land uses in the area needed for operation of the Evansville Airport. To maintain the functionality of the airport, promote the airport as an economic development generator for the City and County, and minimize land use conflicts and incompatibility between the airport, future airport expansion, the natural environment, and adjacent other adjacent land uses, certain regulations are established. This district will regulate the use, height, size, and location of noise sensitive uses in order to mitigate negative impacts to airport operations.
INTENSITY AND DIMENSIONAL STANDARDS
EXAMPLE LOT PATTERN
Minimum Lot Area (sq.ft.) Minimum Lot Width (ft) Maximum Height (ft)
1
Minimum Front Yard Setback (ft) Minimum Side Yard Setback (ft) Minimum Rear Yard Setback (ft)
CROSS REFERENCES Permitted Use and Special Exceptions Parking and Loading Standards
NOTES
Chapter 20.04 Chapter 20.07
Development Standards Signs
AF T
Minimum Side Yard Setback on Corner Lot (ft)
Chapter 20.09 Chapter 20.10
No structure shall exceed the height restricts established by FAA Regulations Part 77 as incorporated in the Evansville Airport Plan of current adoption and adopted by reference as an element of this Ordinance. The owner of any legal, non-conforming structure or tree in the AIR district is required to permit the installation, operations, and maintenance of any markers and lights deemed necessary by the Evansville-Vanderburgh Airport Authority to indicate the presence of such hazards.
D
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Evansville & Vanderburgh County UDO
Chapter 20.03 | Zoning Districts
20.03.05.P. AIRPORT OVERLAY DISTRICT (AIR-O) PURPOSE The Airport Overlay District (AIR-O) is intended to protect the public health, safety, and welfare by regulating the development and land uses beyond the immediate area of the Evansville Airport. Additional restrictions are needed outside of land zoned for airport use in order to maintain the functionality of the airport, promote the airport as an economic development generator for the City and County, and minimize land use conflicts and incompatibility between the airport, future airport expansion, and the natural environment.
INTENSITY AND DIMENSIONAL STANDARDS Minimum Lot Area (sq.ft.) Minimum Lot Width (ft) Maximum Height (ft)
1
Minimum Front Yard Setback (ft) Minimum Side Yard Setback (ft) Minimum Rear Yard Setback (ft)
CROSS REFERENCES
AF T
Minimum Side Yard Setback on Corner Lot (ft)
Permitted Use and Special Exceptions
Chapter 20.04
Development Standards
Chapter 20.07
Parking and Loading Standards Signs
NOTES
Chapter 20.09 Chapter 20.10
No structure shall exceed the height restrictions established by FAA Regulations Part 77 as incorporated in the Evansville Airport Plan of current adoption and adopted by reference as an element of this Ordinance. The owner of any legal, nonconforming structure or tree in the AIR district is required to permit the installation, operations, and maintenance of any markers and lights deemed necessary by the Vanderburgh Airport Authority to indicate the presence of such hazards.
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Chapter 20.03 | Zoning Districts
20.03.05.Q. JACOBSVILLE OVERLAY DISTRICT (JAC-O) PURPOSE The purpose of the Jacobsville Overlay District (JAC-O) District is to promote a mixed-use neighborhood with additional residential options, promoting neighborhood supporting uses all of which are integrated in a traditional residential neighborhood development, while preserving the low to medium intensity character of the neighborhood. This overlay district provides flexibility by permitting more land uses and relaxing some dimensional standards to encourage compatible, high quality development.
INTENSITY AND DIMENSIONAL STANDARDS Res. Live/Work Area Res. Zone
Live/Work MU
Non-Res. MU
Non-Res.
60
80
85
80
1
Maximum Height (ft)
Minimum Side Yard Setback (ft)
Minimum Side Yard Setback on Corner Lot (ft) Minimum Rear Yard Setback (ft)
CROSS REFERENCES Permitted Use and Special Exceptions
5
0
5
2
2
0
2
5
5
0 4 / 10 5
0
5
18 4 / 20
5
5 0 4 / 10
5
Chapter 20.04 Chapter 20.09 Chapter 20.10
D
1
Lot coverage includes all impervious surfaces.
2
Whichever is less.
3
Whichever is greater.
4
When abutting an alley.
5
When abutting a neighboring lot.
42
10
R
Parking and Loading Standards Signs
50
Chapter 20.07
Development Standards
NOTES
Table A or Max 5 floors or 75 3 50 2
Table A
Minimum Front Yard Setback (ft)
Mixed-Use Dev. Area
AF T
Maximum Lot Coverage (%)
North Main Bus. Corridor
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Evansville & Vanderburgh County UDO
Chapter 20.03 | Zoning Districts
20.03.05.R. ARTS OVERLAY ZONE (ART-O) PURPOSE The purpose of the Arts Overlay Zone (ART-O) is to facilitate the development of a mixed use area with art-related businesses, other low intensity, neighborhood-supporting businesses, live/work units and traditional residences integrated together in a manner that maintains the residential character of the area. The ART-O offers more flexibility in uses and development standards and provides incentives for new development.
INTENSITY AND DIMENSIONAL STANDARDS Minimum Lot Area (sq.ft.) Minimum Lot Width (ft) Maximum Residential Density (units/ac) Maximum Height (ft)
Underlying Base District and Use Standards
Minimum Side Yard Setback (ft)
AF T
Minimum Front Yard Setback (ft) Minimum Side Yard Setback on Corner Lot (ft) Minimum Rear Yard Setback (ft)
CROSS REFERENCES
Permitted Use and Special Exceptions
Chapter 20.04
Development Standards
Chapter 20.07
Parking and Loading Standards
NOTES
Chapter 20.10
R
Signs
Chapter 20.09
D
In the Residential Transition Area, mixed used buildings: no more than 50 percent of the total floor area up to 1,000 square feet can be used for nonresidential purposes within residential districts
Evansville & Vanderburgh County UDO
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43
Chapter 20.04 | Use Standards
Chapter 20.04 Use Regulations and Standards 20.04.01 Establishment of a Table of Uses The uses permitted in the zoning districts established in Chapter 20.04 of this Ordinance are set forth in Table 20.04.01 Permitted and Special Uses.
20.04.02 Determination of Use Category The Executive Director shall make determinations as to whether any proposed use is permitted within the zoning jurisdiction based on the uses listed in Table 20.04.01 Permitted and Special Uses. When it is not clear whether a proposed use is or is not permitted, the Executive Director shall consult the purpose statement for each district and the latest version of the North American Industrial Classification System (NAICS) to help decide. Any use not specifically listed in Table 20.04.01 Permitted and Special Uses and any proposed use not substantially similar to a listed use as determined by the Executive Director after consultation shall be deemed to be prohibited.
20.04.03 Determination of Principal Use
20.04.04 Table of Uses
AF T
An individual parcel or development may include multiple principal uses, including a combination of residential and non-residential uses, provided that each use is either a Permitted Use or a Special Use in that district, that a Special Use Permit has been obtained by the Board of Zoning Appeals if applicable, that use-specific standards applicable to each use are met, and that the development complies with all applicable density, dimensional, development, and performance standards.
A. General. Table 20.04.01 Permitted and Special Uses includes the following:
R
1. The uses allowed in each base zoning district. Additional use restrictions may be contained in Section XX Use-Specific Standards or as part of an Overlay District.
D
2. Districts. The standard and overlay districts within which the uses are grouped. The Planned Unit Development are not listed in the table. Uses within a Planned Unit Development District are established on a case-by-case basis consistent with an adopted master plan for the area.
B. Symbology. The Table identifies letters as symbols to represent the following categories of uses: 1. Where the symbol “P” is shown, the use to which it refers is permitted as a “use by right” in the indicated district, provided it complies fully with all applicable Use-Specific Standards included in Section XX. 2. Where the symbol “S” is shown, the use to which it refers is a “special use” and must be approved by the Board of Zoning Appeals if it meets the Use-Specific Standards included in Section XX. 3. Where the symbol “U” is shown on the table in the column of an overlay district, the use to which it refers is regulated by the “underlying base district.” 4. Where the symbol “E” is shown on the table in the column of an overlay district, the use to which it refers is excluded, and is prohibited by the overlay district. 5. Where a cell is blank in the table, the use to which it refers is prohibited in the indicated district. C. Links. All land use terms will be hyperlinked to their corresponding definition in Chapter XX and hyperlinked to their corresponding Use Specific Standard, if applicable. 44
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Evansville & Vanderburgh County UDO
Chapter 20.04 | Use Standards
Table 4.01 Use Matrix
AIR-O
ART-O
JAC-O
Overlay W-MU
AIR
Other AG
HM-2
EM-1
Employment CBD
RC-3
CC-2
NC-1
HMR-4
Commercial
MDR-3
LDR-2
SFR-1b
Residential SFR-1a
Use
Use Specific Conditions
AGRICULTURE
S
20.04.05.A.1.
Confined Feeding Operations
S
20.04.05.A.3.
Crop and Tree Farming, including Greenhouses and Nurseries
P
20.04.05.A.4.
Pasturage
P
20.04.05.A.5.
Farm Products Processing
P
20.04.05.A.6.
Forestry Operations
P
20.04.05.A.7.
Hobby Farms
P
20.04.05.A.8.
On-Farm Sales (Farm Markets, Roadside Stands)
P
20.04.05.A.9.
Agriculture Accessory Structures Urban Agriculture
P
P
P
P
P
P
P
RESIDENTIAL Accessory Dwelling Unit Cottage Court Development Day Care Home
P
P
Group Home
S
S
P S S
Live/Work Unit
S
Multi-Unit Dwelling
S
Single-Family Dwelling, Attached
P
S
P
P
P
P
P
P
P
P
P
P
Single-Family Dwelling, Detached
P
S
S
S
P
P
P
P
P
P
P
P
S
S
S
P
P
P
P
P
P
P
P
P
Sober Living Facility
P
P
P
P
P
P
20.04.05.A.11.
P
20.04.05.B.1.
P
P
P
P
P
P
S
S
P
P
20.04.05.A.10.
20.04.05.B.2.
P
D
Residential Care Facility
S
P
R
Mobile Home Park
AF T
Agritourism
P
P
P
P
S
S
S
S
20.04.05.B.3. 20.04.05.B.4. P
P
S
P
P
P P
S
20.04.05.B.5. 20.04.05.B.6.
P
20.04.05.B.7.
P
20.04.05.B.8.
P
20.04.05.B.9.
P
20.04.05.B.10.
S
20.04.05.B.11.
Two-Unit Dwelling (Duplex)
P
P
P
P
P
P
20.04.05.B.12.
Three/Four-Unit Dwelling (Triplex / Quadraplex)
P
P
P
P
P
P
20.04.05.B.13.
P
P
P
P
Upper Floor Dwelling
P
P
P
P
P
20.04.05.B.14.
COMMERCIAL
P
Adult Business Agriculture Equipment/ Chemical Sales, Distribution, Storage Animal Care, Veterinary Clinic / Hospital Assembly, Commercial Bar or Drinking Place
S
S
S
S
S
P P
P
20.04.05.C.2.
P
P
P
20.04.05.C.3.
S
P
P
P
S
S
S
S
S
S
P
P
P
P
P
P
Boat Sales / Repair
Evansville & Vanderburgh County UDO
P
20.04.05.C.1.
S
20.04.05.C.4.
P
20.04.05.C.5.
P
20.04.05.C.6.
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45
Chapter 20.04 | Use Standards
Table 4.01 Use Matrix
AIR-O
ART-O
P
P
P
P
20.04.05.C.9.
P
P
P
20.04.05.C.10.
P
S
P
P
Building Material Sales
S
P
P
Car Wash
P
Building Trade Shops
P
AIR
P
Brewery, Craft Brewery, Microbrewery, Distillery, Winery
CBD
P
RC-3
P
CC-2
AG
Use Specific Conditions
HM-2
JAC-O
Overlay W-MU
Other
EM-1
Employment
P
NC-1
HMR-4
Commercial
MDR-3
LDR-2
SFR-1b
Residential SFR-1a
Use
COMMERCIAL
S
20.04.05.C.7. 20.04.05.C.8.
Check Cashing, Title Loan Business and Discount Variety Store
S
P
P
Commercial Printing
S
P
P
S
P
Day Care Center
P
P
P
P
P
Dry Cleaner
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
20.04.05.C.18.
P
P
P
P
P
20.04.05.C.19.
P
P
P P
Farmer’s Market Financial Services Funeral Home, Mortuary, Crematory Fuel Station Kennel / Animal Day Care, Large Kennel, Small
P
P
P
P
Liquor Store
P
Motor Vehicle Service, Major Motor Vehicle Service, Minor Nursery / Garden Supply Office Uses not Otherwise Listed Personal and Home Services not Otherwise Listed
P
P
P
P
P
P
20.04.05.C.16. 20.04.05.C.17.
20.04.05.C.20.
P
P
P
P
P
P
P
20.04.05.C.22.
P
P
P
P
P
P
20.04.05.C.23.
P
P
P
P
P
P
20.04.05.C.25.
P
P
P
P
20.04.05.C.26.
P
P
20.04.05.C.27.
P
20.04.05.C.21.
20.04.05.C.24.
P
P
P
P
P
P
P
P
20.04.05.C.28.
S
P
P
P
P
P
P
P
20.04.05.C.29.
P
P
P
P
P
P
P
P
P
P
P
P
20.04.05.C.31.
P
P
P
P
P
P
P
P
20.04.05.C.32.
P
P
P
P
P
P
20.04.05.C.32.
P
P
P
P
P
20.04.05.C.33.
P
P
P
P
P
P
P
P
S
S
S
S
P
S
S
S
P
Tattoo or Body Art
46
20.04.05.C.15.
P
Retail, Large
Therapeutic Massage
20.04.05.C.14.
P
Restaurant without DriveIn or Drive-Through
Studios and Galleries for Work or Teaching
20.04.05.C.13.
P
S
Restaurant with Drive-In or Drive-Through
Retail, Small
P
D
Motor Vehicle Sales and Rental
20.04.05.C.12.
P
R
Medical Office
P
AF T
Equipment Sales, Rental, Repair
20.04.05.C.11.
P
P
20.04.05.C.30.
P
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20.04.05.C.34. P
20.04.05.C.35.
Evansville & Vanderburgh County UDO
Chapter 20.04 | Use Standards
Table 4.01 Use Matrix
EM-1
HM-2
AG
S
S
S
S
S
S
S
S
AIR-O
CBD
S
ART-O
RC-3
S
JAC-O
CC-2
S
Overlay W-MU
NC-1
S
AIR
HMR-4
Other
MDR-3
Employment
LDR-2
Commercial
SFR-1b
Residential SFR-1a
Use
Use Specific Conditions
INSTITUTIONAL Assembly, Institutional and Civic Cemetery
S
S
S
S
S
Emergency Medical Facility / Urgent Care / Surgery Center
S P
Government Facilities
P
P
P
P
S
P
Community Center or Civic Center
College or University
S
P
P
Hospital
P
Library
P
P
P
P
Museum
P
P
P
School, Private, Primary or Secondary
S
S
S
INDUSTRIAL Crude Petroleum and Natural Gas Extraction
S
S
20.04.05.D.3.
S
S
S
20.04.05.D.4.
P
P
P
P
20.04.05.D.5.
P
P
P
P
P
P
P
P
P
Landfill Manufacturing, Heavy Mini-Warehouse, Personal Storage
P
P
P
P
20.04.05.D.8.
P
P
P
S
20.04.05.D.9.
P
20.04.05.D.10.
S
20.04.05.D.11.
P
P
P
P
P
P
P
S
S
S
S
P
S
S
S
P
P
P
P
S
20.04.05.E.3.
S
20.04.05.E.4.
P
20.04.05.E.5.
P
20.04.05.E.6.
S
P
P
P
P
P
P
Wholesale Business
P
P
P P
LODGING
S
S
S
P
P
P
P
P
P
P
Convalescent Homes, Nursing Homes, Assisted Living Facilities
S
S
S
P
P
P
P
Fraternities and Sororities
S
S
S
S
S
P
P
Hotel, Motel
20.04.05.E.1. 20.04.05.E.2.
S P
S
P
Warehouse and Logistics
Bed and Breakfast / Boarding House
20.04.05.D.6. 20.04.05.D.7.
P
D
Research and Development
P
P
R
Outdoor Storage
P
P
S
Mining and Quarrying
P
S
P
Junk, Scrap, or Salvage Yards
20.04.05.D.2.
S
S
Fabrication, Light
20.04.05.D.1.
AF T
Park
P
S
S
20.04.05.E.7. 20.04.05.E.8. P
20.04.05.E.9.
P
20.04.05.E.10. 20.04.05.E.11.
S
P
20.04.05.F.1. 20.04.05.F.2.
S P
20.04.05.F.3.
P
P
P
20.04.05.F.4.
RECREATION
S
Athletic Fields
S
Campground Golf Course, Country Club
S
S
S
S
P
P
P
P
P
S
P
20.04.05.G.1.
S
S
S
S
S
20.04.05.G.2.
P
P
P
S
P
20.04.05.G.3.
Evansville & Vanderburgh County UDO
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47
Chapter 20.04 | Use Standards
Table 4.01 Use Matrix
P
AIR-O
P
ART-O
P
JAC-O
P
Overlay W-MU
EM-1
P
AIR
CBD
P
Other AG
RC-3
S
HM-2
CC-2
Employment
NC-1
HMR-4
Commercial
MDR-3
LDR-2
SFR-1b
Residential SFR-1a
Use
Use Specific Conditions
RECREATION Recreation, Commercial Indoor Recreation, Commercial Outdoor
P
S
S
S
River Camp Shooting Range, Archery
S
P
Stadium
S
P
P S
P
P
20.04.05.G.4.
P
20.04.05.G.5.
S
20.04.05.G.6.
S
20.04.05.G.7.
S
S
20.04.05.G.8.
TRANSPORTATION
P
Airport
S
Boat Harbor, Marina
P
P
P P
Heliport
Railroad Facilities Truck Terminals
UTILITY Electric Generation & Storage
P
P
P
P
P
Solar Energy System, Large Scale Ground Mounted Wind Energy System, Large
P
P
P
P
P
S
S
20.04.05.H.5.
S
S
20.04.05.H.6.
S
20.04.05.I.1.
P
P
P
P
P
P
20.04.05.I.3.
S
20.04.05.I.4.
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Noncommercial Antennas
P
P
P
P
P
Wind Energy System, Small
P
P
P
P
P
P
P
P
P
P
P
P
P
20.04.05.H.4.
P
P
Communication Facility, Small
P
P
R
Communication Facility, Large
P
20.04.05.H.2. 20.04.05.H.3.
AF T
P
Parking Garage
Public or Quasi-Public Utilities and Related Facilities
20.04.05.H.1.
20.04.05.I.2.
S
S
S
P
S
20.04.05.I.5.
P
P
P
P
P
P
P
P
20.04.05.I.6.
P
P
P
P
20.04.05.J.1.
P
20.04.05.J.2.
P
20.04.05.J.3.
Accessory Use and Structure Home Occupation Solar Energy System, Small, Ground or Building Mounted
D
ACCESSORY (MUST HAVE A PERMITTED PRIMARY USE ON THE SAME LOT)
P P
P
P
P
20.04.05.J.4. P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
20.04.05.J.5.
TEMPORARY Construction Trailer or Sales Office
P
Mobile Food Sales Outdoor Display and Sales, Temporary Special or Seasonal Event
P
P
P
P
P
P
P
P
Storage Containers / Portable Storage Containers, Temporary
P
P
P
P
P
P
P
P
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P
20.04.05.K.1. P
20.04.05.K.2.
P
20.04.05.K.3.
P
P
20.04.05.K.4.
P
P
20.04.05.K.5.
Evansville & Vanderburgh County UDO
Chapter 20.04 | Use Standards
20.04.05 Use-Specific Standards A. Agriculture 1. Agritourism a. Agritourism uses shall be located, designed, and operated in the consideration of the following: i.
So as not to interfere with any adjacent farming activities and
ii.
So that the agritourism parking area is as close as possible to a public road.
2. Animal Raising and Breeding a. No use conditions. 3. Confined Feeding Operations
AF T
a. Confined Feeding Operations (CFOs) must meet all regulatory standards and permitting requirements established by the Indiana Department of Environmental Management and any other applicable regulatory agency. b. Minimum Parcel Size: A CFO shall not be located on any property less than 25 acres. c.
Setbacks i. ii.
General: All CFO facilities shall be set back a minimum of 100 feet from all property lines, including all street or road rights-of-way. Residential Zoning District or Major Subdivision: No CFO facility shall be closer than 1,320 feet to the boundary line of any residential zoning district or major subdivision that was granted primary or secondary approval.
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iii. Non-Farm Residential Property in AG District: No CFO facility shall be closer than 1,320 feet to the property line of any other non-farm residential properties in the AG zoning district.
D
iv. Institutional Facilities: No CFO facility shall be closer than 1,320 feet to the nearest property line of any of the following institutions: assembly, institutional and civic; college or university; community center, civic center; emergency medical facility/urgent care/surgery center; hospital; school, primary or secondary; and day care center. v.
Potable Water: A CFO facility shall meet the setback requirements of Indiana Administrative Code 327 19-12-3 Setbacks, as amended, for potable water.
vi. Exemptions: No minimum separation distance is required to any residential property, farm dwelling, institutional facility, or potable water supply once the CFO facility is established. Additionally, the established CFO shall not be precluded from expanding in the future due to these separation distances. d. No CFO facility shall be located or maintained within the Special Flood Hazard Areas as defined in Title 21, Flood Hazard Protection Regulations of the Vanderburgh County Code. e. Landscape: Must meet Section XX.
Evansville & Vanderburgh County UDO
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49
Chapter 20.04 | Use Standards 4. Crops, Tree Farming, including Greenhouses and Nursery a. Sales must be limited to agricultural products produced on the premises, hand-held garden tools, bags of fertilizer, mulch, and similar items normally associated with nursery or gardening operations. b. Sales offices must be limited to 100 square feet of gross floor area per acre of land, but in no case, can the sales offices exceed 1,000 square feet of floor area. 5. Pasturage a. All outside pens, exercise areas, and pastures shall be fenced. i.
All stables, animal pens, barns, corrals housing animals shall be 200 feet from an adjoining property line, except where animals are kept in sound-proof, airconditioned buildings, then the setback can be reduced to 100 feet. Structures containing livestock waste (except chicken coops) shall be meet a 100-foot minimum setback on all sides.
b. All wild animals that are inherently dangerous to humans shall be prohibited.
AF T
6. Farm Products Processing a. No use standards. 7. Forestry Operations
a. No use standards. 8. Hobby Farms
a. No use standards.
R
9. On-farm Sales (farm markets, roadside stands)
D
a. At least 51 percent of the total on-farm retail sales shall be from the sale of agricultural products produced on the property and value-added agricultural products produced using products grown on the property. 10. Agriculture Accessory Structures a. Accessory structures are exempt from building height of this Chapter XX for the following uses: structures used for agricultural uses, agritourism uses, equestrian facilities, private stables, and nurseries.
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Evansville & Vanderburgh County UDO
Chapter 20.04 | Use Standards 11. Urban Agriculture a. Greenhouses, hoop houses, sheds, and shelters shall have a maximum height of 15 feet, shall be setback a minimum of ten feet from any property line, and shall not cover more than 20 percent of the site. b. Retail sales on the site shall be limited to agricultural products produced on the property and value-added agricultural products produced using products grown on the property. c.
Site drainage and maintenance shall prevent water and fertilizer from draining onto adjacent properties or into the street.
d. Compost piles shall not exceed five feet in height and shall be completely enclosed at ground level to be rodent-resistant. e. No outdoor operations that involve power equipment shall be used between sunset and sunrise.
B. Residential
AF T
1. Accessory Dwelling Unit (ADU) a. General i. ii.
No more than one ADU is permitted on a lot.
The ADU shall be accessory to a single-family dwelling that is the principal use on the same lot.
iii. ADUs shall not contain more than two bedrooms. iv. Cannot be used as short-term rental. v.
Owner shall live in the principal structure or the ADU.
R
vi. ADUs are only permitted on single-family lots with a size equal to or greater than 5,000 square feet.
D
vii. If the ADU is located in the AG district, the minimum lot size needed to support an on-site septic system for both the primary structure and an ADU will be determined by the Vanderburgh Health Department. viii. One additional off-street parking space is required.
b. Detached ADUs i.
c.
The accessory dwelling unit shall not exceed the height of the primary structure.
For attached ADUs i.
Only one entrance is permitted on the front of the primary dwelling unit if the ADU is located in a lower level of a primary dwelling unit. An additional entrance is permitted on the side or rear of the primary structure.
2. Cottage Court Development a. Individual cottage lots or portions of the project may not be subdivided for sale. b. Accessory dwelling units are not permitted in cottage courts. c.
No more than ten units total may front the same court.
d. Each unit must be oriented with a front entry to the court. e. Dwelling units shall be separated by a minimum of ten feet.
Evansville & Vanderburgh County UDO
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51
Chapter 20.04 | Use Standards f.
Each dwelling shall have a front porch at least six feet in depth and 100 square feet in area.
g. Each cottage should include at least one centrally located open space area of at least 400 square feet per dwelling unit. Parking areas do not count toward this open space requirement. h. If detached garages are to be used to meet parking requirements, they shall be made of the same material as the primary structures. i.
If off-street surface parking spaces are to be used to meet parking requirements, they shall be accessed from an alley or private drive. The off-street parking area shall not abut the court.
j.
Shared driveways are encouraged and may access individual garages or paved parking lots.
k.
Project perimeter sidewalks are required, and internal walkways shall connect each cottage unit to the project perimeter sidewalks.
3. Day Care Home
AF T
a. Day care home must be in accordance with IC 36-7-4-1108 and all applicable state requirements. b. Limited to no more than five children if not licensed by the State of Indiana. c.
The parking for the home and any, loading, and drop-off facilities shall be at a scale compatible with surrounding residential uses.
d. Outdoor play and recreation areas shall be located behind the front building line in the side or rear yard. e. All outdoor play and recreation areas shall be surrounded by a fence or wall at least four feet in height. No more than one non-resident may work at the home.
R
f.
g. The owner of a home day care shall reside in the residential dwelling. 4. Group Home
D
a. The use regulations are to minimize the adverse impacts on established residential neighborhoods in the City and County, and on the owners and residents of properties in these neighborhoods which may result from the conversion of residential properties to business or institutional uses. However, it is also the purpose of this Section to provide that neither the City nor the County may refuse to make a reasonable accommodation for a Group Home whenever such an accommodation would not impose undue financial or administrative burdens on the jurisdiction or require a fundamental alteration in the Comprehensive Plan. b. A dwelling located in a residential district may be used as a group home only if the owner or occupant applies for and is granted a special use.
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Evansville & Vanderburgh County UDO
Chapter 20.04 | Use Standards c.
The term of a special use approval granted to a group home shall be up to twenty years. The granting of a special use does not confer a right to lease, sublease, or otherwise use a dwelling as a group home where such use is not otherwise allowed by law, a homeowners association agreement or requirements, any applicable covenant, condition, and restriction, a rental agreement, or any other restriction, requirement, or enforceable agreement. Nothing in this Section shall relieve any person of the obligations imposed by any and all applicable provisions of Federal and State laws and City and County ordinances, including but not limited to those obligations imposed by Indiana tax laws and rules. Further, nothing in this Section shall be construed to limit any remedies available under any and all applicable provisions of Federal or State law and this Ordinance.
d. The Executive Director or designee shall review the application for the purpose of determining whether it would be a reasonable accommodation for the City or County to grant the special use in order to provide the residents who would be provided services at the group home with access to housing that is equal to that of residents who are not in need of such services. The following criteria is what the Executive Director or designee shall consider before making a recommendation: If there are other group homes clustered within a block of the site;
ii.
The number of unrelated persons who will be living in the group home, and whether any professional support staff will also be residing there;
AF T
i.
iii. In addition to any residents’ cars, if more than two staff cars will be parked at the group home, and whether they will be marked; iv. Any other exterior indication that the dwelling will be inhabited by group home residents; v.
Any undue financial or administrative burdens that would be imposed on the City or County; and
R
vi. If a fundamental alteration in the Comprehensive Plan would be required. e. A group home is a special use under the UDO, and thus an application shall not generally be entitled to favorable consideration, except as follows: A proposed group home where not more than eight unrelated persons will be residents shall generally be entitled to favorable consideration;
D
i.
ii.
A proposed group home where not less than nine nor more than twelve unrelated persons will be residents shall generally be entitled to favorable consideration, so long as the application is not opposed by the Executive Director or designee; and
iii. A proposed group home where thirteen or more unrelated persons will be residents shall be entitled to favorable consideration only if the application is supported by the Executive Director or designee. 5. Live/Work Unit a. The residential unit shall be located above or behind the nonresidential areas of the structure. If the residential unit is located above the work unit, the structure shall not exceed more than two stories and may not be a part of a development that exceeds two stories. b. The residential unit shall be occupied by the owner of the work unit or the owner’s employee, including the others in those person’s household. c.
In the HMR district, the work activity shall not exceed 50 percent of the gross floor area of the unit.
Evansville & Vanderburgh County UDO
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53
Chapter 20.04 | Use Standards d. The work activities shall not adversely impact the public health, safety, or welfare of adjacent properties. e. Occupancy of the live/work unit shall be subject to the definition of family in Chapter 20.13, Definitions. f.
In the ART-O district the following standards shall apply: i.
In the residential live/work area: a) The non-residential portion of the live/work unit shall be limited to 500 square feet of floor area and the residential unit must comply with the State Building Code b) The non-residential component of a live/work until shall be limited to two employees per shift, including the person living in the unit that is associated with the business.
ii.
In the Residential Transition Area:
AF T
a) No more than 50 percent of the total floor area not to exceed 1,000 square feet shall be designated or used for nonresidential purposes within residential districts. b) Maximum of three employees per working shift, including any employee living in the unit. 6. Mobile Home Park
a. Mobile home park shall have a minimum lot size of five acres and shall be in conformance with I.C. 16-41-27-5, Mobile Home Community. 7. Multi-Unit Dwelling
R
a. All multi-family developments must go through site plan review. b. More than one primary structure is permitted on a parcel. c.
All primary structures shall be oriented so that front façade is facing a public or private street, a common open space, or plaza, not a parking lot.
D
d. Detached garages, carports, and surface parking lots shall not be located between any primary building and the adjacent public street frontage. e. A building shall not be located closer than 20 feet to any other building. f.
Walkways shall connect all buildings to each other, parking areas, amenity areas, and existing public sidewalks adjacent to the development.
g. All sides of a building shall display similar materials. h. Occupancy of each unit in a multi-family dwelling shall be subject to the definition of family in Chapter 20.13, Definitions. i.
Garages shall be made of the same material as the primary structure.
j.
Multi-family developments are encouraged to be designed so that long, monotonous rows of garage doors and building walls are avoided.
8. Residential Care Facility a. All residential care facilities shall comply with the provisions of 410 IAC 16.2-5.
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Evansville & Vanderburgh County UDO
Chapter 20.04 | Use Standards 9. Single-Family Dwelling, Attached a. Each individual dwelling unit shall have a separate entrance facing the public street frontage to which the building address is assigned. Buildings located on corner lots may have entrances facing either street frontage. b. Each dwelling unit shall be located on its own lot or established as a condominium created under IC 32-25. c.
Individual dwelling units are exempt from side setback standards where they are adjacent to another unit and share a common wall.
d. When there are eight dwelling units in one structure, no more than two adjacent dwelling units may have the same front facade setback. Variations in front façade setback shall be a minimum of three feet. e. No more than eight dwelling units may be attached in one structure. f.
Occupancy of a single-family attached dwelling shall be subject to the definition of family in Chapter 20.13, Definitions.
10. Single-Family Dwelling, Detached
AF T
a. Single-family detached dwellings must be permitted only on lots of record lawfully established before the effective date. b. Occupancy of a single-family dwelling detached shall be subject to the definition of family in Chapter 20.13, Definitions. c.
Each dwelling unit shall be located on one lot, however accessory dwelling units may be allowed if the standards in 20.04.03.B.1 are met.
d. Lots in the agriculture district must meet the following requirements of Section 20.03.05.A: i.
Be of a size no smaller than one acre or determined by the Vanderburgh County Health Department based on the results of a soils analysis submitted for review in conjunction with a Health Department septic permit; or
R
ii.
Minimum Lot Size: more than two and one half acres; or
D
iii. Be of a size no smaller than one acre if the lot will be connected to the public sanitary sewer system.
e. Lots in the SFR-1a and SFR-1b districts that are connected to a septic system must meet the agriculture district standards as noted in Sections 20.03.05 B and C.
11. Sober Living Facility a. See standards under Group Homes, Section XX. 12. Two-Unit Dwelling (duplex) a. Each individual dwelling unit shall have a separate entrance facing the public street frontage to which the building address is assigned. b. Outside staircases to units on uppers floors are prohibited. This does not apply to emergency fire escapes required by the building code. c.
On corner lots, the orientation and entrance to each unit shall be on different street frontages, where applicable.
d. Occupancy of each unit in a two-family dwelling shall be subject to the definition of family in Chapter 20.13, Definitions.
Evansville & Vanderburgh County UDO
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Chapter 20.04 | Use Standards 13. Three/Four-Unit Dwelling (triplex / quadraplex) a. The primary entrance of each dwelling unit shall be oriented to a public street frontage. Individual units may share a common entry oriented to a public street frontage. b. Outside staircases to units on uppers floors are prohibited. This does not apply to emergency fire escapes required by the building code. c.
Occupancy of each unit in a triplex or quadraplex dwelling shall be subject to the definition of family in Chapter 20.13, Definitions.
14. Upper Floor Dwelling a. These units are in a mixed-use structure with a business on the ground floor. b. Outside staircases to units on uppers floors are prohibited. This does not apply to emergency fire escapes required by the building code. Occupancy of each unit in an upper floor dwelling shall be subject to the definition of family in Chapter 20.13, Definitions.
C. Commercial
AF T
c.
1. Adult Business
a. Shall not be located within 1,000 feet of any property zoned for residential use. b. Shall not be located within 500 feet of any property permitted for use as a religious institution or public or private school containing any grade from kindergarten through grade 12. c.
Shall not be located within 500 feet of any park.
D
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d. Shall not be located within 500 feet of any other facility or preexisting nonconforming use which is an adult bookstore, adult novelty store, adult video store, adult arcade, adult cabaret, juice bar, bikini bar, adult motion picture theater, adult theater, nude model studio, sexual encounter center or peep show facility. However, more than one such facility may be located on the same parcel or property so long as it meets the other requirements of this use. 2. Agriculture Equipment / Chemical Sales, Distribution, Storage a. Chemical storage is not permitted in Special Flood Hazard Areas.
3. Animal Care, Veterinary Clinic / Hospital a. No overnight outdoor activity associated with the care of animals. “Overnight” constitutes the hours between 11:00 pm and 7:00 am. b. Outdoor activity, including but not limited to, walking and bathing of animals, is permitted during the day, provided that no more than four animals are engaged in outdoor activity at a time. “During the day” constitutes the hours between 7:00 am and 11:00 pm. c.
Outdoor animal areas must be a minimum of 250 feet from residential uses. Does not include the residential use on the premises if the property owner or operator lives there.
d. Outdoor exercise areas shall not be located in an established front yard.
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Evansville & Vanderburgh County UDO
Chapter 20.04 | Use Standards e. No part of any structure or run, in which animals are housed, shall be permitted within 250 feet of any adjacent residential district or use property line, except where the adjoining property is owned or occupied by the operator of the clinic/hospital. f.
In the RC-3 and HM-2 districts, animal care and veterinary clinics: i.
Shall be limited to no more than 20 outdoor runs.
ii.
All exterior exercise areas and runs must be fenced for the safe confinement of animals.
iii. An eight-foot-high opaque fence, above grade, must be established along any exterior areas used to exercise, walk, or keep animals that abut a residential use. 4. Assembly, Commercial a. Accessory uses such as administrative offices, bookstores, community centers, multi-purpose facilities, outdoor recreational facilities, and care centers on the same site or sites contiguous to the principal use shall be permitted.
c.
AF T
b. Similar uses on noncontiguous sites or on a site separated from the principal use by a public street shall be considered principal uses and will be regulated as such. No merchandise or merchandise display shall be visible from outside a building.
d. No business or identification sign pertaining to an accessory use shall be visible from outside the building e. Except as noted in this Chapter, Section XX, accessory uses not permitted as principal uses (including television stations, radio stations, printing presses, or sports complexes) are prohibited. For assembly uses that include associated daycare or school facilities, the daycare or school shall require special use approval when not identified as a permitted use in that district and must meet all the requirements of Section XX.
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f.
g. A buffer yard, as prescribed in Section XX shall be established along any side of the property abutting a residential use.
D
5. Bar or Drinking Place
a. Electronically amplified sound using loudspeakers or similar devices shall not be permitted outdoors when it is within: i.
1,000 feet of residential district or use.
ii.
500 feet of any religious institution, public or private school - kindergarten through 12th grade.
iii. 500 feet of any park. b. Outdoor seating may be provided, but if located adjacent to a residential district or use, must obtain all appropriate permitting and permissions and be screened in accordance with Section XX. 6. Boat Sales/Repair a. No standards required.
Evansville & Vanderburgh County UDO
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Chapter 20.04 | Use Standards 7. Brewery, Craft Brewery, Microbrewery, Distillery, Winery a. Breweries, distilleries, or wineries which include a restaurant are subject to the conditions of Section XX. b. Breweries, distilleries, or wineries with event facilities are subject to the conditions of Section XX. c.
In the NC district, brewery, distillery, and wineries shall not manufacture more than 10,000 barrels of beverage (all beverages combined) annually.
8. Building Material Sales a. All material storage areas, if located in a side or rear yard and can be seen from the street, shall be screened by placing the materials in a building or by providing an eight-foot solid screening fence. 9. Car Wash
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a. Car washes, vacuums, and similar service devices shall be located a minimum of 50 feet from the nearest portion of an adjacent residential zoning district or use for facilities that do not include an automatic dryer. Where automatic dryers are installed, separation shall be 500 feet from the nearest lot line of a residential zoning district or use. b. Car washes must provide at least three paved stacking space with at least 25 feet of length for each car for each drive-through facility to ensure safe onsite movement and no impact to the adjacent public road by waiting vehicles. c.
Car washes accessory to a principal use shall be in the side or rear yard only.
d. Where a car wash facility is located adjacent to a residential zoning district, the hours of operation shall be no earlier than 7:00 a.m. and no later than 11:00 p.m.
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10. Building Trade Shops
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a. All materials shall be stored within an enclosed building with walls on all sides or an opaque fence at least eight feet high must be used to screen materials from view of the street or from adjacent residential uses. 11. Check Cashing, Title Loan Business and Discount Variety Store a. To avoid a congregation or proliferation of these uses in an area and the impacts on public safety and property value, these uses are not permitted within 2,500 feet of each other.
12. Commercial Printing a. No standards required. 13. Day Care Center a. The operation of the facility shall not include overnight occupancy by the clients. b. A fence will be required around the yard of the property in accordance with Chapter XX. 14. Dry Cleaner a. If a dry-cleaning establishment includes on-site laundering or cleaning activities, it is not permitted in Special Flood Hazard Areas.
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Chapter 20.04 | Use Standards 15. Equipment Sales, Rental, Repair a. Outdoor display of equipment for sale or rental shall only be permitted in the CC-2 and RC-3 districts. b. All outdoor display of equipment or merchandise shall be located on improved surface. c.
An outdoor display area must not block handicapped parking areas, parking lot access aisles, or sidewalk areas, and shall not reduce the number of parking spaces below any minimum required for the use in Section XX.
16. Farmer’s Market a. Farmers’ markets must be operated by one or more farmers/producers, a nonprofit organization, or a local government agency. b. At least 70 percent of vendors must be farmers and other businesses who sell food, plants, flowers, and added-value products such as jams and jellies. c.
Market activities may operate no more than three days in a one-week period (Monday through Sunday), and stalls must be removed afterwards.
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d. Adequate trash and recycling containers shall be provided during hours of operation and shall be removed from site for appropriate disposal. The site shall be cleaned at the end of each day of operations, including the removal of all stalls and debris. 17. Financial Services
a. No standards required.
18. Funeral Home, Mortuary, Crematory
a. Crematoriums shall not be located within 1,000 feet of a residential district.
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19. Fuel Station
a. The sale of convenience food items, incidental automobile supplies, or accessories may be provided as an accessory use to a fuel station.
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b. In the NC district, the use shall be limited to a total of four metered fuel dispenser units. c.
A one bay car wash may be provided as an accessory use to a fuel station. A car wash is not permitted as part of the use in the NC district.
d. Outdoor display and sales areas are permitted subject to the conditions of Section XX. e. Structures and all pump islands, compressed air connections, and similar equipment shall be set back a minimum of 20 feet from side and rear lot lines. f.
The minimum distance between the canopy and the right-of-way shall be twelve feet and 20 feet from the property line when it is at the center of the right-of-way.
g. Minor motor vehicle repair is permitted as part of a fuel station use, if the work is done within an enclosed structure. h. Motor vehicle repair is not permitted in the NC district. 20. Kennel / Animal Day Care, Large a. More than seven small animals at least six months old, not owned by the owner of the property.
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Chapter 20.04 | Use Standards b. Animal breeding can occur on the premises. c.
Commercial kennels are limited to no more than twenty runs.
d. Animal day cares are not permitted in residential zoning districts. See Chapter 20.13, definitions for the difference between a kennel and animal day care. e. If an animal day care is within a commercial district, all principal use activities shall be conducted within a completely enclosed building. Outside pens are permitted, however they shall be fenced. f.
All exterior exercise areas and runs must be fenced for the safe confinement of animals.
g. No animal runs shall be permitted within 500 feet of any adjacent residential district or use, except where the adjoining property is owned or occupied by the operator of the kennel. h. The perimeter of the kennel operation shall be enclosed with an opaque fence that meets the following standards: Eight feet in height, above grade;
ii.
Animal containment fence must be setback 20 feet minimum from any adjoining property line.
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i.
iii. A buffer yard must be established along any exterior areas used to exercise, walk, or keep animals that abut a residential use. The buffer yard shall be in accordance with Chapter XX. 21. Kennel, Small
a. Less than seven small animals at least six months old, not owned by the owner of the property. b. Less than ten runs are permitted.
If located in the Agricultural district, the outer most edge of the facility, including any parking lot and runs, must be at least 250 feet from the property line.
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c.
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d. No animal runs shall be permitted within 250 feet of any adjacent residential district or use, except where the adjoining property is owned or occupied by the operator of the kennel. e. The perimeter of the kennel operation shall be enclosed with an opaque fence that meets the following standards:
f.
i.
Eight feet in height, above grade;
ii.
Animal containment fence must be setback 20 feet minimum from any adjoining property line.
A buffer yard must be established along any exterior areas used to exercise, walk, or keep animals that abut a residential use. The buffer yard shall be within the 20foot setback between the animal containment fence and property line.
22. Liquor Store a. Liquor stores shall not be located within 500 feet, measured in any direction from the exterior wall, of any primary or secondary school, public library, park, child day care, or indoor recreation & entertainment establishment that caters to, or markets itself predominantly to, persons under 21-years of age. b. Liquor stores may not include a drive-through or walk-up window.
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Chapter 20.04 | Use Standards 23. Medical Office a. Medical Offices within the HMR district must be under 3,000 square feet. 24. Motor Vehicle Sales and Rental a. Vehicles for sale, lease, or rental may be displayed in the front setback provided that no vehicle shall be displayed in or within ten feet of the street right-of-way. b. Display areas must be shown on the site plan and approved as part of the site plan review. c.
No curb-cut may exceed 40 feet in width. For a corner lot, curb cuts are restricted to one curb cut per street frontage, Section XX, Access.
25. Motor Vehicle Service, Major a. All work, shall be conducted within a completely enclosed building.
c.
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b. No motor vehicles, vehicle parts, discarded tires, or similar materials may be stored outdoors on any portion of the premises unless it is screened from view from adjacent public streets, alleys, and abutting properties by an opaque fence or wall, as per Section XX, Landscape. Public streets and alleys shall not be used for the storage of inoperable vehicles, or for storage of any vehicles awaiting service or work by the establishment.
d. Storage areas are exempt from the interior landscaping requirements for parking lots. 26. Motor Vehicle Service, Minor
a. All servicing shall be conducted within a completely enclosed building.
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b. Outdoor storage of automobile parts, discarded tires, or similar materials shall be prohibited.
c.
Outdoor storage of more than three wrecked or temporarily inoperable vehicles awaiting repairs shall be prohibited.
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27. Nursery, Garden Supply
a. A plant nursery shall have a minimum of ten acres of lot area. b. All materials shall be screened by placing the materials in a building or by providing a six-foot solid evergreen hedge. c.
One single family dwelling, occupied by the owner, operator, or manager of the nursery will be considered customary and incidental as part of this use.
28. Office uses not Otherwise Listed a. No standards required. 29. Personal and Home Services not Otherwise Listed a. No standards required. 30. Restaurant with drive-in or drive-through a. All restaurants with drive-through service shall provide the required minimum stacking spaces per Section XX, Parking and Loading. b. Restaurants may have up to two drive-through lanes that merge into one.
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Chapter 20.04 | Use Standards c.
A second drive-through lane merging into one may be added if the location is large enough to accommodate all stacking of both lanes on-site without interfering with site pedestrian and vehicular circulation, impacting vehicular traffic within the public right-of-way, reducing the required setbacks or buffering, and adjacent uses are not otherwise adversely impacted.
d. Outdoor seating may be provided, but if located adjacent to a residential district or use, it must be screened in accordance with Section XX. 31. Restaurant without drive-in or drive-through a. Bars are permitted in restaurants provided they are less than 50 percent of the serving area. If the bar portion of the restaurant occupies greater than 50 percent of the serving area, the use shall be considered a Bar/Nightclub and shall be subject to the conditions of Section XX. b. Outdoor seating may be provided, but if located adjacent to a residential district or use, must be closed by 10:00 p.m. and be screened in accordance with Section XX. For restaurants in the ART-O district in the residential transition area and the commercial core area, the following criteria apply: i.
Limited to intersections
ii.
Limited to a total of 30 seats
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c.
iii. Outdoor seating is permitted 32. Retail Store, Large & Small
a. All outdoor display of merchandise shall be contained on an improved surface such as asphalt, concrete, or pavers or similar materials. b. Such area shall be limited to 15 percent of the gross floor area of the principal structure. All seasonal outdoor storage/display of merchandise may be temporarily located in the parking lot of a retail store for the duration of a season if the merchandise is secured, and located at least 200 feet from the public right-of-way.
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c.
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d. Any outdoor display area shall not block handicapped parking areas, parking lot access aisles, or sidewalk areas, and shall not reduce the number of parking spaces below the minimum requirement for the use.
33. Studios and Galleries for Work or Teaching a. The display and sale of work and materials associated with a studio and gallery by professional artists, students, or other related creatives within an enclosed structure is permitted. 34. Tattoo or Body Art a. Any person who is engaged in the business of tattooing or body modification shall be licensed by the Indiana State Department of Health and registered with the Vanderburgh County Health Department. 35. Therapeutic Massage a. Any person who is engaged in the business of therapeutic massage shall be licensed by the Indiana State Department of Health.
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Chapter 20.04 | Use Standards
D. Institutional 1. Assembly, Institutional and Civic a. Accessory uses such as administrative offices, bookstores, community centers, multi-purpose facilities, outdoor recreational facilities, and care centers on the same site or sites contiguous to the principal use shall be permitted. b. Similar uses on noncontiguous sites or on a site separated from the principal use by a public street shall be considered principal uses and will be regulated as such. c.
No merchandise or merchandise display shall be visible from outside a building.
d. No business or identification sign pertaining to an accessory use shall be visible from outside the building e. Except as noted in this Chapter, Section XX, accessory uses not permitted as principal uses (including television stations, radio stations, printing presses, or sports complexes) are prohibited. For assembly uses that include associated daycare or school facilities, the daycare or school shall require special use approval when not identified as a permitted use in that district and must meet all the requirements of Section XX.
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f.
g. A buffer yard, as prescribed in Section XX shall be established along any side of the property abutting a residential use. 2. Cemetery
a. Tombstones, crypts, monuments, and mausoleums must be located at least 25 feet from any street right-of-way line or abutting property. Greater setbacks shall be observed if otherwise required by the zoning district in which it is located. Gravesites shall also be set back at least twenty feet from any side or rear lot lines in cemeteries (or cemetery expansions).
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b. Sales of crypts shall be allowed as an accessory use on premises (for cemeteries as a principal use only). No building in conjunction with such sales shall be located closer than twenty feet from any side lot line abutting a residential district and forty feet from any such rear lot line.
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3. College or University
a. Facilities normally associated with a college, such as residence halls, administrative buildings, auditoriums, gymnasiums, classrooms, and sports facilities are accessory uses.
4. Community Center or Civic Center a. In any of the commercial districts or EM-1, community centers shall be a permitted use when created through renovation of an existing building. b. If a community center requires new construction or an addition to an existing structure (greater than 33 percent of the gross floor area) then the use shall be subject to a special use approval. 5. Government Facilities a. No standards required.
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Chapter 20.04 | Use Standards 6. Emergency Medical Facility / Urgent Care / Surgery Center / Neighborhood Emergency Center / Short Stay Unit a. A facility may be located within a neighborhood commercial (NC-1) district with a special use and may not have more than five in-patient beds. 7. Hospital a. No standards required. 8. Library a. No standards required. 9. Museum
10. Park
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a. In the NC-1 and W-MU district, museum shall be a permitted use when created through renovation of an existing building. If a museum requires new construction or a major addition to an existing structure (greater than 33 percent of the gross floor area) then the use shall be subject to a special use approval.
a. No standards required.
11. School, Private, Primary or Secondary
a. Any elementary or middle school shall provide an automobile and bus pick-up/dropoff area adequate to protect student safety and shall provide a direct pedestrian connection to at least one local street adjacent to the site.
E. Industrial
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1. Crude Petroleum and Natural Gas Extraction
a. Any excavation or processing operations shall be subject to the regulations of the State of Indiana.
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2. Fabrication, Light
a. Outdoor storage of materials, supplies, and products is prohibited in the front yard. b. Outdoor storage yards shall be screened in accordance with Section XX.
3. Junk, Scrap, or Salvage Yards a. Minimum of 20 acres. b. Cannot be located within 2,500 feet of a residential district or residence, except if the property owner intends to maintain a home on the property. c.
Storage of materials, supplies, and products shall be in enclosed buildings or in side and rear yards only.
d. Outdoor storage yards shall be screened in accordance with Section XX. 4. Landfill a. Minimum of 40 acres. b. No landfill shall be located within 2,500 feet of a residential district or residence, except for any home on the property to be maintained by the owner.
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Chapter 20.04 | Use Standards 5. Manufacturing, Heavy a. Outdoor storage of materials, supplies, and products is prohibited in the front yard. b. Outdoor storage yards shall be screened in accordance with Section XX. 6. Mini-Warehouse, Personal Storage a. All storage units must be contained within a secured site. b. No retail, repair, or other commercial use shall be conducted out of individual rental storage units. c.
The use of power tools, paint sprayers, or the servicing, repair or fabrication of furniture, boats, trailers, motor vehicles, lawn mowers, appliances, and other similar equipment on the premises is prohibited.
d. No storage of hazardous materials is permitted. This restriction shall be included in rental contracts and posted at a conspicuous location within the front of each rental unit. e. Storage units shall not be used for living quarters. Open storage, outside an enclosed building, shall be limited to vehicles, trailers, boats, RV’s, and other similar vehicles with a valid registration and screened from public view by building facades or solid fence as required in Section XX.
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f.
g. Driveway aisles between structures shall be a minimum of 24 feet wide. 7. Mining and Quarrying
a. All mines and quarries shall have a minimum perimeter of 300 feet when adjacent to any residential use or district. b. Any excavation shall not disturb any land immediately adjacent to the property on which the excavation is being accomplished. No excavation shall take place within one hundred feet of the property line.
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c.
d. Any excavation shall be surrounded by a fence not less than eight feet high.
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e. Mining and quarrying operations shall use best management practices to minimize noise, dust, vibration, odor and storm water runoff so as not to adversely impact adjacent property.
8. Outdoor Storage a. Vehicles, Trailers, and Recreational Vehicles i.
Outdoor storage shall be located behind required front setbacks or buffer areas.
ii.
If adjacent to a residential use or district, the NC-1 district or the CC-2 district, then outdoor storage facilities for manufacturing equipment, fuel, raw materials, subassemblies, finished goods and defective or repairable goods shall be enclosed by an opaque fence with a maximum height of eight feet, a berm, or a wall with a maximum height of eight feet in combination with landscaping that completely conceals the view of those materials.
iii. If outdoor storage is visible from the public right-of-way or adjoining residential property, screening shall be required per Chapter, Section XX. b. Construction materials stored outside at an active construction site are excluded from this use.
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Chapter 20.04 | Use Standards 9. Research and Development a. No standards required. 10. Warehouse and Logistics a. Any operations, servicing, or processing, except storage and off-street loading, shall be conducted within completely enclosed buildings. b. Outdoor storage areas shall be located to the rear or sides of the principal structure and screened in accordance with Section XX. 11. Wholesale Business a. Outdoor storage areas shall be located to the rear or sides of the principal structure and screened in accordance with Section
F. Lodging 1. Bed and Breakfast / Boarding House
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a. The provisions of The Evansville Municipal Code Title 18 ZONING and the Vanderburgh County Code Title 17 Land Use and Zoning are still in effect and were not repeal. However, some provisions are superseded with the provisions of this new UDO. The Bed and Breakfast owner shall reside on site as their primary residence. b. In the MDR-3 District, there shall be no more than five rental rooms. c.
In the HMR-4, NC-1, and CC-2 Districts, there shall be no more than ten rental rooms.
d. In the ART-O District, there shall be no more than three rental rooms.
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e. In some districts, bed and breakfast / boarding house are either permitted by right or as a special use and limited by the number of rentable rooms. If in the HMR-4, any commercial, any employment, or AIR districts more than 11 rental rooms are desired, a variance will be required through the BZA.
ii.
If in the MDR-3 district, six or more rental rooms are desired, a variance will be required through the BZA.
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i.
iii. If in the AZO, four or more rental rooms are desired, a variance will be required through the BZA.
f.
Food service shall only be provided to residents and overnight guests.
g. There shall be no cooking facilities for use by the occupants of the bed and breakfast within sleeping rooms. h. If located in a residential district:
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i.
The structure shall outwardly appear to be residential in character, giving no appearance of a business use other than allowed signs.
ii.
In addition to resident guests, only guests of resident guests shall be permitted to dine in a bed and breakfast; or guests participating in meetings or other private events hosted by the facility when other overnight guests are not present, not to exceed the approved design capacity of the facility.
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Chapter 20.04 | Use Standards 2. Convalescent Homes, Nursing Homes, Assisted Living Facilities a. Convalescent homes, nursing homes, and assisted living facilities shall be licensed by the State of Indiana and obtain, comply with, and maintain any required local, state, and federal permits. b. Uses in residential districts shall be designed to have a residential appearance and character. c.
Uses shall be designed with appropriate access and maneuverability for emergency vehicles.
3. Fraternities and Sororities a. If a fraternity or sorority house that has previously been officially recognized by and has maintained active affiliation with a college or university within which the residents are enrolled is no longer recognized by and/or no longer has an active affiliation with that college or university, the owner or operator of the facility may submit a petition to the Planning Commission to nevertheless be treated as a fraternity or sorority house under this UDO.
c.
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b. The process to make the petition referred to in subsection (A), and the process for planning review and decision on the petition, shall be pursuant to Chapter XX, Section XX. The behavior of the residents of the facility has not caused a nuisance or disturbance to the surrounding community, as evidenced by the fact that: i.
No more than one complaint or criminal charge regarding the residents’ behavior not involving injury or death or a felony has been documented during each of the previous three years, or if more than one such complaint or criminal charge has been filed during any one of the previous three years, the owner or operator of the facility has given the City adequate assurances that similar behavior will not occur at the facility in the future.
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ii.
No complaint or criminal charge based on resident behavior resulting in injury or death, or a felony has been documented during the previous three years; and
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d. Adequate parking on the site to house all occupants living in the house.
4. Hotel, Motel
a. Hotel rooms shall be accessed from the interior of the building, including from interior courtyards, lobbies, or halls. b. Motel rooms shall be accessed from the exterior of the building. c.
A bathroom shall be provided for each unit.
G. Recreation 1. Athletic Fields a. When athletic fields are adjacent to a roadway, a fence with a minimum height of eight feet shall be placed along the roadway. b. Structures including spectator stands must meet applicable setback standards for accessory structures in the district in which they are located. c.
For the HMR and NC districts, lighted fields require special use approval.
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Chapter 20.04 | Use Standards 2. Campground a. The development of all facilities shall be in compliance with the requirements set forth in 410 IAC 6-7.1. 3. Golf Course, Country Club a. Driving ranges shall be located 300 feet from any property line or right-of-way unless perpendicular to and hitting away from said lines, or where protective netting is provided. b. The provision of food, refreshment and entertainment shall be permitted in connection with any Golf Course or Country Club. Such facilities shall not be open to the general public unless it is commercially zoned. 4. Recreation, Commercial Indoor a. Indoor commercial recreation facilities may include restaurants, snack bars, and other incidental food and beverage services to patrons.
c.
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b. The indoor commercial recreational structure must be at least 100 feet from residential districts and 100 feet from existing residences in nonresidential districts. Sound associated with any indoor recreation facility shall not be audible outside of the building in which the activity is occurring.
5. Recreation, Commercial Outdoor
a. Outdoor commercial recreation facilities may include restaurants, bar or drinking places, snack bars, and other incidental food and beverage services to patrons b. Outdoor commercial recreation facilities must be at least 300 feet from residential districts and 300 feet from existing residences in nonresidential districts.
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6. River Camp
a. The river camp is for recreation purposes only. b. Habitation as a permanent residence is prohibited. Must obtain any required approval of federal/state agencies prior to improvement location permit approval.
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c.
7. Shooting Range, Archery a. Indoor ranges shall be wholly enclosed in a building, and such range shall be designed so that noise generated by the range does not adversely impact adjacent properties.
b. Outdoor shooting and archery ranges must meet the following: i.
Facilities shall be designed to minimize safety concerns for nearby properties and must contain all the bullets, shot, arrows, or any other debris on the range facility.
ii.
All shooting stations shall be located at least 1,000 feet from any existing residential structure.
iii. All shooting stations shall be at least 200 feet from any property line.
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Chapter 20.04 | Use Standards iv. Warning signs identifying the presence of the shooting range shall be posted at one hundred-foot intervals along the entire perimeter of the shooting range facility property boundary. 8. Stadium a. No merchandise or merchandise display shall be visible from outside a building. b. No business or identification sign pertaining to an accessory use shall be visible from outside the building c.
Except as noted in this Chapter, Section XX, accessory uses not permitted as principal uses (including television stations, radio stations, etc.) are prohibited.
d. A buffer yard, as prescribed in Section XX shall be established along any side of the property abutting a residential use.
H. Transportation 1. Airport
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a. Design standards for an airport and airfield shall be in accordance with Federal Aviation Administration requirements. b. Heliport is a permitted accessory use of an airport and shall be in accordance with Federal Aviation Administration requirements. c.
The length of the airfield clear zone where the future construction of buildings is prohibited is 1,000 feet.
d. The area shall be fenced to prevent trespassing by animals or unauthorized persons.
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e. Use of the land will not make it difficult for pilots to distinguish between airport lights and other lights, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, attract birds by creating water features, or otherwise endanger the landing, taking off, or maneuvering of aircraft. f.
Restrictions on signs and off-premises advertising as provided in Chapter XX; and
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g. The applicant for a new airport shall notify by first class mail all property owners within a 1,000-foot radius of the airport site. This notice shall be posted at least 30 days prior to the date of the hearing on the request. This notice shall contain the same information as the notice required by Chapter XX, Subsection XX.
2. Boat Harbor, Marina a. The development of all facilities in or adjacent to navigable waters shall be approved by the U.S. Army Corps of Engineers, and the Division of Water, Indiana Department of Natural Resources and Indiana Department of Environmental Protection. b. The following uses shall be permitted as accessory uses in connection with any boat harbor or marina: i.
Boat fueling, service, and repairs
ii.
Sale of boat supplies
iii. Grocery store iv. Restaurant/bar or drinking place v.
Boat landing, docking, and launching facilities
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Chapter 20.04 | Use Standards 3. Heliport a. Design standards for a heliport shall be in accordance with Federal Aviation Administration requirements. b. Proof of Air Space Clearance from the Federal Aviation Administration is required prior to the issuance of an ILP permit. c.
The facility must be designed and placed so that it will not be detrimental to adjoining properties or to properties within a 1,000-foot radius of the heliport site as measured from the center of the final approach and takeoff area.
d. A buffer yard shall be required per Chapter X, Subsection XX. 4. Parking Garage a. Any new parking garage constructed within the NC-1 or CBD districts shall require the first floor to be retail or office or another similar use that activates the street. 5. Railroad Facilities a. No standards required.
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6. Logistics Facilities
a. No standards required. 7. Truck Terminals
a. No use conditions.
I. Utility
1. Electric Generation & Storage
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a. No use conditions
2. Public or Quasi-Public Utilities and Related Facilities
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a. Outdoor services or storage yards for any electric transformer station, gas regulator station, telephone exchange building, water works, reservoir, pumping station or filtration plants shall not be permitted on the front side adjacent to a street unless screened by a building, wall, opaque decorative fence with landscape that is maintained or other similar screening method.
3. Solar Energy System, Large Scale, Ground Mounted a. Setback i.
Property line setback from a non-participating landowner’s property line must meet the established setback for buildings in the district in which the system is located, except as otherwise determined in Subsection 3.b.vii. below.
ii.
Property line setbacks between separate parcels, both of which are participating in a solar energy system project, may be waived upon agreement of the landowner(s) and approved as part of a rezoning and recorded.
iii. All solar energy systems shall have a roadway or right-of-way setback of 50 feet, whichever is greater, from the right-of-way of State highways, County and State Aid Highways (CSAHs), and county roads, and 40 feet for other roads, except as otherwise determined in Subsection 3.b.vii. below.
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Chapter 20.04 | Use Standards iv. For solar energy systems located along county and city roads, within the 50-foot set-back, a landscape buffer will be required that is consistent with Chapter X, Section XX. No landscape should be located within the right-of-way. The intent is to create a screen of landscape that screens the solar field from the roadway protecting the viewsheds and quality of the environment. v.
The nearest corner of a solar system field shall have a setback of 150 feet from the nearest corner of an existing dwelling unit of a non-participating landowner, except as otherwise determined in Subsection 3.b.vii. below. Participating landowner housing must meet building setbacks or required yards for the district in which the project is located.
vi. Setback distance should be measured from the nearest corner or edge of the solar energy system field, excluding security fencing, screening, or berm to the dwelling unit.
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vii. All setbacks can be reduced by 50 percent, except that unwaived setbacks cannot be less than 30 feet, if the solar energy system field has a landscape buffer that screens the field at the setback point of measurement. The landscape buffer requirements can be found in Chapter X, Section XX. No landscape should be located within the right-of-way. The reduced setbacks should be clarified and agreed to in a written agreement and recorded as part of the rezone. b. Height i. c.
Large scale solar energy systems shall not exceed 20 feet.
Screening i.
Screening requirements in Chapter X, Section X shall be met, unless stated below:
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ii.
Screening is required if the large-scale solar system is located adjacent to existing residential dwellings.
a) Screening shall not be required along highways.
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b) Screening shall be required along county or city roadways as required in Subsection 1.b. xx, except as provided in b. below. c) The Area Planning Commission may require additional screening where it determines there is a clear community interest in maintaining a viewshed.
d. Ground Cover i.
Ground around and under solar panels and in buffer areas shall be planted, established, and maintained for the life of the solar project in perennial vegetated ground cover meeting the definition of Pollinator-Friendly Solar Energy in Subsection xx below.
ii.
The site with the solar field shall be planted and maintained to be free of invasive or noxious species, as listed by the Indiana Invasive Species Council.
iii. No insecticide use is permitted on the site. This provision does not apply to insecticide use in on-site buildings, in and around electrical boxes, spot control of noxious weeds, or as otherwise may be deemed necessary to protect public health and safety. iv. Projects maintained as pollinator-friendly compliant are exempt from landscaping requirements, except for buffering along county and city roadway.
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Chapter 20.04 | Use Standards v.
An alternative ground cover plan could be provided and approved as part of the rezone and recorded with the County recorded.
e. Height i. f.
Large scale solar energy systems shall not exceed 20 feet.
Foundations i.
A qualified engineer shall certify, prior to application for building permits, that the foundation and design of the solar panel racking and support is within accepted professional standards, given local soil and climate conditions.
g. Power and Communication Lines i.
Power and communication lines running between banks of solar panels and to nearby electric substations or interconnections with buildings shall be buried underground.
h. Fencing
i.
Perimeter fencing for the site shall not include barbed wire or woven wire designs and shall preferably use wildlife-friendly fencing standards that include clearance at the bottom. Alternative fencing can be used if the site is incorporating agrivoltaics.
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Stormwater and NPDES i.
j.
Solar energy system projects shall meet county and city stormwater management and erosion and sediment control provisions and nonpoint pollution discharge elimination system (NPDES) permit requirements.
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Other Standards and Codes
All solar energy system projects shall be in compliance with all applicable local, state and federal regulatory codes, including the State of Indiana Uniform Building Code, as amended; and the National Electric Code, as amended.
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i.
k.
Site Plan Review Required i.
l.
After a successful rezone process, the applicant is required to submit for site plan re-view in accordance with Chapter X, Section XX.
Aviation Protection i.
Solar projects located within 500 feet of an airport or within approach zones of an airport, the applicant must complete and provide the results of a glare analysis through a qualitative analysis of potential impact, field test demonstration, or geometric analysis of ocular impact in consultation with the Federal Aviation Administration (FAA) Office of Airports, consistent with the Interim Policy, FAA Review of Solar Energy Projects on Federally Obligated Airports, or most recent version adopted by the FAA.
m. Agricultural Protection i.
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The applicant must show that according to United States Department of Agriculture (USDA) records, the soil on the intended ground is compatible with solar development.
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Evansville & Vanderburgh County UDO
Chapter 20.04 | Use Standards n. Decommissioning i.
A decommissioning plan shall be required to ensure that facilities are properly removed after their useful life. The plan should address the following items: a) The anticipated life of the project. b) The estimated decommissioning costs net of salvage value in current dollars c) The method of ensuring that funds will be available for decommission and restoration; d) The review of the amount of the performance guarantee based on inflation and current removal costs to be completed every 5 years, for the life of the project, and approved by the legislative body.
ii.
Decommissioning of the system must occur in the event the project does not produce power for 12 consecutive months. An owner may petition for an extension of this period upon showing of reasonable circumstances that have caused the delay in the start of decommissioning
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iii. All structures that are no longer used shall be removed within six months of the cessation of operations at the site unless a time extension is approved by the legislative body. In the event support structures are not removed within six months of the cessation of use, they may be removed by the jurisdiction and the costs of removal assessed against the property. 4. Wind Energy System, Large a. Setback i.
A solar system field shall have a setback of 150 feet from any undeveloped lot/ parcel of a non-participating landowner zoned or platted for residential use.
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ii.
Property line setback from a non-participating landowner’s property line must meet the established setback for buildings in the district in which the system is located, except as otherwise determined in Subsection 3.b.vii. below.
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iii. A solar system field shall have a setback of 150 feet from an existing dwelling unit of a non-participating landowner, except as otherwise determined in Subsection a.vii. below. Participating landowner housing must meet building setbacks or required yards for the district in which the project is located. iv. Setback distance should be measured from the nearest corner or edge or corner of the solar energy system field, excluding security fencing, screening, or berm to the nearest outer wall or corner of the dwelling unit. v.
All solar energy systems shall have a setback of 50 feet, from the right-of-way of any public road, except as otherwise determined in Subsection a.vii. below.
vi. Property line setbacks between separate parcels, both of which are participating in a solar energy system project, may be waived upon written agreement of the landowner(s) and approved as part of a rezoning and recorded. vii. All setbacks can be reduced by 50 percent by agreement of the property owner(s) involved without variance approval, except that unwaived setbacks cannot be less than 30 feet, and only when the solar energy system field has a landscape buffer that screens the field at the setback point of measurement. The landscape buffer requirements can be found in Chapter X, Section XX. The reduced setbacks should be clarified and agreed to in a written agreement and recorded as part of the rezone.
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Chapter 20.04 | Use Standards b. Height i. c.
Large scale solar energy systems shall not exceed 20 feet.
Screening i.
Screening is required if the large-scale solar system is located within 250’ of any existing residential dwellings.
ii.
For solar energy systems located along any public road, the 50-foot setback shall include a landscape buffer that is consistent with Chapter X, Section XX. No landscape should be located within the right-of-way. The intent is to create landscaping that screens the solar field from the roadway protecting the viewsheds and quality of the environment.
d. Screening requirements in Chapter X, Section X shall be met, unless stated below: a) Screening shall not be required along State highways. b) Screening shall be required along city or county roadways as required in Subsection c.ii above and shall not be placed in the Right-of-way.
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c) Area Planning Commission may require additional screening where it determines there is a clear community interest in maintaining a viewshed. e. Ground Cover i.
Ground around and under solar panels and in buffer areas shall be planted, established, and maintained for the life of the solar project in perennial vegetated ground cover meeting the definition of Pollinator-Friendly Solar Energy in Chapter XX.
ii.
The site with the solar field shall be planted and maintained to be free of invasive or noxious species, as listed by the Indiana Invasive Species Council.
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iii. No insecticide use is permitted on the site. This provision does not apply to insecticide use in and around on-site buildings and electrical boxes, spot control of noxious weeds, or as otherwise may be deemed necessary to protect public health and safety.
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iv. An alternative ground cover plan could be provided and approved as part of the rezoning process and recorded with the County recorder.
f.
Power and Communication Lines i.
Power and communication lines running between banks of solar panels and to nearby electric substations or interconnections with buildings shall be buried underground.
g. Fencing i.
Perimeter fencing for the site is required and shall be wildlife-friendly in that it has clearance at the bottom, and otherwise complies with Section XX. Alternative fencing can be used if the site is incorporating agrivoltaics.
h. Stormwater and NPDES i.
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Solar energy system projects shall meet city and county stormwater management and erosion and sediment control provisions and nonpoint pollution discharge elimination system (NPDES) permit requirements.
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Evansville & Vanderburgh County UDO
Chapter 20.04 | Use Standards Other Standards and Codes i.
j.
Aviation Protection i.
k.
For solar projects located within 500 feet of an airport or within approach zones of an airport, the applicant must complete and provide the results of a glare analysis through a qualitative assessment of potential impact, field test demonstration, or geometric analysis of ocular impact in consultation with the Federal Aviation Administration (FAA) Office of Airports, consistent with the Interim Policy, FAA Review of Solar Energy Projects on Federally Obligated Airports, or most recent version adopted by the FAA.
Agricultural Protection i.
l.
All solar energy system projects shall follow all applicable local, state and federal regulatory codes, including the State of Indiana Uniform Building Code, as amended; and the National Electric Code, as amended.
The applicant must show that according to United States Department of Agriculture (USDA) records, no portion of the site will be removed from crop production that has soil rated as “high yield” in regard to productivity for nonirrigated crops, unless it is substantially mitigated through written commitments as part of the zoning process .
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Decommissioning i.
A decommissioning plan shall be required to ensure that facilities are properly removed after their useful life. The plan should address the following items: a) The anticipated life of the project.
b) The estimated decommissioning costs net of salvage value in current dollars
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c) The method of ensuring that funds will be available for decommission and restoration;
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d) The review of the amount of the performance guarantee based on inflation and current removal costs to be completed every 5 years, for the life of the project, and approved by the legislative body.
ii.
Decommissioning of the system must occur in the event the project does not produce power for 12 consecutive months. An owner may petition for an extension of this period upon showing of reasonable circumstances that have caused the delay in the start of decommissioning
iii. All structures that are no longer used shall be removed within six months of the cessation of operations at the site unless a time extension is approved by the legislative body. In the event support structures are not removed within six months of the cessation of use, they may be removed by the jurisdiction and the costs of removal assessed against the property. m. Site Plan Review Required i.
In addition to having the proper zoning for this use, the applicant is also required to submit an Improvement Location Permit Application for site plan review in accordance with Chapter X, Section XX.
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Chapter 20.04 | Use Standards 5. Communication Facility, Large a. Compliance with State Law i.
All communication facilities shall comply with the standards of IC 8-1-32.3-19.
ii.
Petitions for new communication facilities shall comply with the standards of IC 8-1-32.3-20.
iii. Modifications to existing antennas, communication towers and communication equipment shall comply with IC 8-1-32.3-21. b. Co-Location i.
If co-location is not possible, a sworn statement shall be submitted documenting why co-location on an existing communication tower cannot meet the petitioner’s requirements. Such statement must demonstrate that collocation of wireless facilities on an existing communication tower is not a viable option because co-location:
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a) Would not result in the same wireless service, functionality, coverage, and capacity; b) Is technically infeasible; or
c) Is an economic burden to the petitioner. c.
Construction Requirements i.
All antennas, communication towers, accessory structures and any other wiring shall comply with the following requirements: a) All applicable provisions of this UDO; the Indiana Building Code, as amended, and the Federal Communications Commission (FCC) when applicable.
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b) All communication towers and communication equipment shall be certified by a qualified and licensed professional engineer to conform to the latest structural standards and wind loading requirements of the International Building Code, as amended, and The Electronics Industry Association.
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c) With the exception of necessary electric and telephone service and connection lines, no part of any communication equipment or communication tower nor any lines, cables, equipment or wires or braces in connection with either shall at any time extend across or over any part of a right-of-way, public street, highway, sidewalk, trail, or property line without appropriate approval in writing. d) All communication towers and communication equipment shall be designed to conform to accepted electrical engineering methods and practices and to comply with the provisions of the National Electrical Code, as amended. e) All communication towers and communication equipment shall be constructed to conform to the requirements of the Occupational Safety and Health Administration (OSHA). f)
All communication towers and communication equipment shall be designed and constructed to all applicable standards of the American National Standards Institute (ANSI) manual, as amended.
g) An engineer’s certification shall be submitted for all communication towers and all other communication equipment to document and verify the design
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Chapter 20.04 | Use Standards specifications, including, but not limited to, the foundation for all towers, the location of all co-location sites, calculated fall zone, and strength requirements to withstand natural forces such as ice, wind, and earth movements. h) All communication towers shall be of monopole or self-supporting design. No guyed wire towers shall be permitted. i)
Communication towers shall be set back from all property lines a minimum distance equal to the calculated fall zone, as set forth in the petitioner’s engineering certification for the communication tower.
j)
Only lighting that is for safety or security reasons or required by the FAA or other federal or state authority, shall be permitted. All lighting shall meet requirements of Chapter XX, Section XX (Outdoor Lighting), except where state or federal requirements provide otherwise.
k) Communication towers shall not exceed a height equal to 199 feet from the base of the structure at ground level to the top of the highest point, including appurtenances.
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d. Security Fence: An eight-foot-high solid security fence or wall shall completely surround the tower and accessory equipment building site. An area ten feet in width shall remain outside of the fence for the purpose of providing landscape screening. The outermost perimeter of a communication facility shall provide at least one tree and three shrubs per ten linear feet of fencing to minimize the visual impact of the use on surrounding properties, public streets, and public open spaces.
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e. Abandoned Towers: The owner of a property shall notify the Executive Director that a communication facility ceases operation within 30 days of cessation. If operation does not commence within a period of six months, the tower and tower use shall be deemed to be abandoned. Any tower unused or left abandoned for six months shall be removed by the tower owner at the owner’s expense. Should the communication tower owner fail to remove the tower after 30 days from the date a notice of violation is issued, the City or County may remove the tower and bill the owner for the costs of removal and cleanup of the site. In the CBD, communication facilities shall be strictly limited to antennas or other communication equipment accessory to the primary use of the building. No freestanding communication facilities are allowed. The additional criteria shall apply:
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f.
i.
All antennas or other communication equipment shall be no taller than 20 feet above the height of the building to which they are affixed.
ii.
All communication facilities shall be mounted on a building of at least two stories in height.
iii. Reasonable considerations must be given to design all communication facilities to blend into the surrounding environment through the use of color, camouflaging, materials, and/or architectural treatment, except in an instance where the color is dictated by federal or state authorities such as the Federal Aviation Administration (FAA). 6. Communication Facility, Small a. Small cell facilities on utility poles or other wireless support structures are permitted uses in any zoning district. b. Small cell facilities owned or operated by commercial telecommunication providers and placed on new (not pre-existing) support structures are subject to the requirements of this section.
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Chapter 20.04 | Use Standards c.
Small cell facilities, including the support structure, must not exceed the height requirements of the base zoning district, or the adjacent zoning district (if in the right-of-way), or fifty feet in height, whichever is less.
d. Site Review Committee approval must be obtained for all small cell facilities and support structures that are subject to the requirements of this section and will require submission of the following: i.
Commercial site plans meeting the requirements for commercial review by the Site Review Committee, including a surveyor certification of the exact location of the support structure from property lines and center lines of abutting streets or rights-of-way.
ii.
Structural plans including elevation and plan views showing height above grade level and dimensions, and information demonstrating the ability of the support structure to safely accommodate the facilities, including, if applicable, information regarding other facilities co-located or planned for co-location on the support structure.
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iii. Evidence in any form, written or otherwise, demonstrating that no existing structure can accommodate applicant’s proposed facilities, either because there are no existing structures meeting the applicant’s engineering requirements within the geographic area that the facilities are intended to serve, or if there are structures in the geographic area, evidence that such structures do not have sufficient dimensions or structural strength to meet the applicant’s engineering requirements. This section shall not be interpreted to mandate, but rather only to encourage, co-location.
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e. All support structures on private property that are no longer used shall be removed within six months of the cessation of operations at the site unless a time extension is approved by the legislative body. In the event support structures are not removed within six months of the cessation of use, they may be removed by the jurisdiction and the costs of removal assessed against the property.
J. Accessory
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1. Accessory Use and Structure
All accessory uses and structures must meet the following requirements: a. Except as otherwise provided in this subsection, accessory structures and uses must be subordinate in height, area (lot coverage), and purpose to the principal residential structure or use. b. Accessory structures must not be located in front of the principal residential structure or use unless the accessory structure is at least two hundred feet from the front property line. c.
Except as otherwise provided in this subsection, all residential accessory structures and uses not attached to or part of the principal residential structure or use shall be located in a rear or side yard and be located at least 2 feet from any lot line. All residential accessory uses attached to or part of the principal residential structure must meet all minimum requirements established by each zoning district.
d. No structure shall be located in or over any easement or within the right of entry of any regulated drain as defined in IC 36-9-27.
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Evansville & Vanderburgh County UDO
Chapter 20.04 | Use Standards e. For accessory structures in the agricultural district and used for agricultural farmstead purposes may exceed the height and area of any principal residential structure and are not considered to be accessory structures when there is no residential structure on the farm parcel. f.
The following shall apply to accessory structures in the agricultural district and used for non-agricultural uses: i.
Accessory structures and uses may be constructed prior to the principal structure if, and only if, the owner records a commitment guaranteeing that the principal structure will be completed, and a Certificate of Occupancy granted and provided to the Area Plan Commission Office, within eighteen months from the issuance of the Improvement Location Permit for the accessory structure.
ii.
Accessory structures may exceed the height and area of the principal residential structure, provided that: a) The aggregate lot coverage of all accessory structure(s) must not exceed the greater of 5,000 sq.ft.; and
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b) Accessory structures exceeding the height of the principal structure must be set back from any lot line by an amount equal to or greater than the height of the accessory structure
g. For accessory structures in the other districts that allow single-family and duplex uses the cumulative floor area of all accessory structures shall not exceed 50 percent of the available rear yard area. h. For accessory structures in the districts that allow multi-unit uses the cumulative floor area of all accessory structures shall not exceed 50 percent of the floor area of the primary structure. For accessory structures in the commercial, employment, and other districts (excluding the Overlay Districts):
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i.
Shall meet all setback requirements.
ii.
There is no limit to the cumulative area of accessory structures.
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iii. Accessory structures shall use exterior materials and form similar to or compatible with the primary structure(s).
2. Home Occupation a. The home occupation must be clearly incidental to the residential use of the dwelling and must not change the essential residential character of the residential dwelling. b. The home occupation shall not create noise, dust, vibration, odor, glare, fire hazard, or any other nuisance or hazard that adversely impacts an adjacent residential use. c.
The home occupation shall employ no more than one person who is not a resident of the dwelling including volunteers.
d. There shall be no outdoor storage or display relating the home occupation, including materials, stock in trade, or equipment. e. There shall be no external evidence other than a small sign (see Section XX, Signs) that advertises or alerts the presence of the home occupation. f.
Business activity shall be primarily conducted remotely or by appointment only. The public shall not be invited or solicited to the premises or visit the business unannounced for business purposes.
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Chapter 20.04 | Use Standards 3. Outdoor Storage a. All outdoor display of merchandise, materials, or structures (e.g. barn, shed, etc.) shall be on an improved surface such as asphalt, concrete, pavers or similar type materials. b. Such areas shall be limited to 15 percent of the gross floor area of the principle structure. c.
All seasonal outdoor storage/display of merchandise may be temporarily located in the parking lot of a retail store for the duration of a season as long as the merchandise is secured, located at least 200 feet from the public right-of-way, and meet the requirements of subsection d. below.
d. Any outdoor display area shall not block handicapped parking areas, parking lot access aisles, or sidewalk areas, and shall not reduce the number of parking spaces below the minimum requirement for the use. 4. Storage of RV / Trailer Vehicles a. Shall be stored or parked on an improved surface per Chapter XX, Section XX.
c.
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b. Stored vehicles shall not be used for other purposes, including, but not sales, repair, living, etc. The wheels or any similar transporting devices of any vehicle shall not be removed, nor shall such vehicle be otherwise permanently fixed to the ground in a manner that would prevent ready removal of mobile vehicle.
d. Vehicles may be stored by the owner behind or alongside the primary structure, but not in the front yard. e. Only one recreational vehicle and trailer shall be permitted to be parked or stored on a residential zoned property. Vehicles, trailers, or other recreational vehicles shall not be stored in any required yard setback or a public right-of-way.
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f.
5. Solar Energy System, Small, Ground or Building Mounted
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a. Solar energy systems are permitted as an accessory use in all zoning districts where structures of any sort are allowed, subject to certain requirements as described below. Solar carports and associated electric vehicle charging equipment are a permitted accessory use on surface parking lots in all districts regardless of the existence of another building. b. As an accessory use, solar energy systems shall be permitted on sites contiguous to the principal use, so long as they are owned by the same owner as the lot of the principal use. c.
If a solar energy system is on a noncontiguous site or on a site separated from the principal use by a public street, it shall be considered a principal uses and will be regulated as such.
d. Height i.
Building or roof-mounted solar energy systems are exempt from the height standards of any zoning district.
ii.
Ground or pole-mounted solar energy systems shall not exceed 15 feet in height when oriented at maximum tilt.
iii. Solar carports in non-residential districts shall not exceed 20 feet in height.
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Chapter 20.04 | Use Standards e. Setback i.
Solar energy systems must meet the setbacks of the district the lot is located in.
ii.
Roof or Building-mounted Solar Energy Systems – The collector surface and mounting devices for roof-mounted solar energy systems shall not extend beyond the exterior perimeter of the building on which the system is mounted or built, unless the collector and mounting system has been explicitly engineered to safely extend beyond the edge, and setback standards are not violated. Exterior piping for solar hot water systems shall be allowed to extend beyond the perimeter of the building on a side yard exposure. Solar collectors mounted on the sides of buildings and serving as awnings are building-integrated systems and are regulated as awnings.
iii. Ground-mounted Solar Energy Systems – Ground-mounted solar energy systems may not extend into the side yard or rear yard setback. f.
Visibility Solar energy systems in residential districts shall be designed to minimize visual impacts from the public right-of-way, as described in Subsection i. a)-c), to the extent that doing so does not affect the cost or efficacy of the system, consistent with IC 36-7-2-8. Visibility standards do not apply to systems in non-residential districts, except for historic buildings.
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a) Building-integrated Photovoltaic Systems – Building integrated photovoltaic solar energy systems shall be allowed regardless of whether the system is visible from the public right-of-way, provided the building component in which the system is integrated meets all required setback, land use or performance standards for the district in which the building is located.
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b) Aesthetic restrictions – Roof-mounted or ground-mounted solar energy systems shall not be restricted for aesthetic reasons if the system is not visible from the closest edge of any public right-of-way other than an alley or if the system meets the following standards.
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Roof-mounted systems on pitched roofs that are visible from the nearest edge of the front right-of-way shall have the same finished pitch as the roof and be no more than ten inches above the roof.
ii) Roof-mounted systems on flat roofs that are visible from the nearest edge of the front right-of-way shall not be more than five feet above the finished roof and are exempt from any rooftop equipment or mechanical system screening.
c) Reflectors – All solar energy systems using a reflector to enhance solar production shall minimize glare from the reflector affecting adjacent or nearby properties. g. Lot Coverage a) Ground-mounted systems shall be exempt from lot coverage or impervious surface standards where vegetation under the collector is maintained. b) Ground-mounted systems shall not count toward the maximum number of accessory structures permitted. c) Solar carports in non-residential districts are exempt from lot coverage limitations.
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Chapter 20.04 | Use Standards h. Historic Buildings a) Solar energy systems on buildings within designated historic districts or on locally designated historic buildings (exclusive of State or Federal historic designation) must receive approval of the local Historic Preservation Commission, or equivalent, consistent with the standards for solar energy systems on historically designated buildings published by the U.S. Department of the Interior. i.
Utility Requirements a) Grid-tied solar energy systems shall comply with interconnection requirements of the electric utility. Off-grid systems are exempt from this requirement.
6. Noncommercial Antennas a. Noncommercial antennas for individual, private use, including but not limited to, amateur radio antennas, shall be permitted as an accessory use in all residential districts, subject to the following standards: The height of a noncommercial antenna shall not exceed 75 feet, measured from the ground, whether the antenna is mounted on the roof or on the ground.
ii.
No such antenna shall be located within a front setback and shall be set back at least five feet from any side or rear property line.
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i.
7. Wind Energy System, Small
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a. These standards apply to all freestanding and building-mounted small wind energy systems installed and constructed after the adoption of this Ordinance. Regular maintenance and repair can occur without additional review, but no modification that increases the height or other aspects of the system shall be allowed without ILP permit review and full compliance with this Ordinance.
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b. Freestanding and building-mounted small wind energy conversion systems, including the wind turbine, tower, base, and associated control or conversion electronics, designed to primarily serve the needs of a home, agriculture, or small business or to test wind or other environmental conditions in the area, are permitted as an accessory use, per Section 20.04.04 Table of Uses, provided they meet the provisions of this Ordinance. c.
General Requirements: i.
Color: All system pieces and equipment must be non-reflective and neutral in color.
ii.
Lighting: No illumination of the turbine or tower shall be allowed unless required by the FAA.
iii. Signage: All signs, other than the manufacturer’s or installer’s identification, appropriate warning signs, or owner identification on a wind tower, building, or other structure associated with a small wind energy system visible from any public road, shall be prohibited. iv. Height: a) No small wind energy system shall be constructed, altered, or maintained so as to project above any of the airspace described in FAR Part 77 of the FAA guidance on airspace protection.
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Chapter 20.04 | Use Standards b) Height shall be measured from adjacent ground level to the highest point on the wind energy system, including blades at the highest point in their rotation. c) Small wind energy systems are not subject to the maximum height limitations for each district as established in Chapter 20.03 Zoning Districts. v.
Noise: The audible sound from a small wind energy system shall not exceed 50 dBA at the property line closest to the wind energy system. The manufacturer’s predicted sound level documentation shall be submitted with the application for a small wind energy system.
vi. Safety: A small wind energy system shall have automatic braking, governing, or a feathering system to prevent uncontrolled rotation or over speeding. All wind towers shall have lightning protection.
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vii. Abandonment: If a wind turbine is inoperable for 12 consecutive months the owner shall be notified that they must, within six months of receiving the notice, restore their system to operating condition. If the owner(s) fails to restore their system to operating condition within the six-month time frame, then the owner shall be granted an additional six months to remove the system, at their own expense. viii. Utility Connection: Any connection to the public utility grid must be approved by the appropriate public utility. d. Freestanding Systems: i. ii.
No more than one small wind energy system is permitted on a property of less than 20 acres. Only monopole type towers are permitted.
iii. Height:
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a) Maximum permitted height is 66 feet on properties less than or equal to five acres. b) Maximum permitted height is 100 feet on properties greater than five acres.
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iv. Clearance: All small freestanding wind energy systems must have a minimum ground clearance of 20 feet for any moving parts. v.
Setback: The minimum setback shall be equal to the height of the wind energy structure.
vi. Location: Freestanding small wind energy systems must be located in the rear yard. vii. All exterior electrical lines must be buried and in accordance with City/County electrical codes. e. Building-Mounted Systems: i.
No more than one small wind energy system is permitted per property.
ii.
Height: Maximum permitted height is ten feet higher than the point of attachment on the supporting building structure.
iii. Setback: The minimum setback shall be equal to the height of the wind energy structure.
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Chapter 20.04 | Use Standards
K. Temporary 1. Construction Trailer or Sales Office a. A construction trailer or sales office may be established and operated until completion of the sale of the lots or residences within the subdivision, or for a duration specified as a condition of a temporary use permit. b. Real estate sales conducted from a temporary sales office are limited to sales of lots within the subdivision it is located. c.
Trailers shall not be located in any setback, buffer yard, easement, or right-of-way.
2. Mobile Food Sales a. A mobile food establishment must be licensed by the Health Department. b. Mobile food sales are not permitted within 200 feet from the property line of an operating restaurant. c.
Drive-through service is not permitted.
d. Exterior lighting must be hooded or shielded.
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e. A trash receptacle for use by customers shall be provided during hours of operation. 3. Outdoor Display and Sales, Temporary
a. Temporary outdoor display is allowed for less than 24 hours unless otherwise approved by the Executive Director. b. Temporary outdoor display of goods shall be located immediately adjacent to the building and not in drive aisles, loading zones, fire lanes, nor in the rear of the building, unless granted approval by the Technical Review Committee. The outdoor display area must be located on an improved surface within fifty feet of the building unless another location is approved by the Technical Review Committee.
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c.
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d. The area used for outdoor display or sales shall not be more than one-quarter of the length of the building front, unless otherwise approved by the Technical Review Committee after considering the viewshed from the street, the impact on the adjacent properties, and safety concerns.
e. No outdoor displays shall be allowed in required setback, easement, or landscape areas. f.
At least five feet shall be maintained free of obstruction to allow for pedestrian and handicap movement, such that handicapped pedestrians and others do not have to enter the parking lot or drive aisle to get around the display.
4. Special or Seasonal Event a. Nonresidential event signage that includes the sales of goods including but not limited to liquidation sales, garage sales, seasonal harvest sales such as flowers, pumpkins, Christmas trees, or requires the use of parking lot access for storage or event location including but not limited to temporary car sales, or carnivals. b. The same nonresidential event is allowed no more than two times within a 12month period.
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Chapter 20.04 | Use Standards 5. Storage Containers / Portable Storage Containers, Temporary a. Residential Uses i.
Only one portable storage container may be located on a property at any one time, unless subsection a. iii., below, applies.
ii.
A portable storage container shall be permitted to be located on a property during any calendar year for not longer than 30 days.
iii. At a construction site where a valid building permit has been issued, up to five portable storage containers for temporary storage of construction material may be located at the site during the entire period of construction until either a Temporary Certificate of Occupancy or a Certificate of Occupancy is issued, whichever is first applicable. iv. Portable storage containers shall meet the setback requirements of the applicable zoning district and shall not be placed within any easement. v.
The placement of portable storage containers shall not impede a motor vehicle operator’s view of vehicular traffic, bicyclists, or pedestrians.
i. ii.
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b. Non-Residential Uses
No more than ten portable storage containers may be located on a property at any one time. Portable storage containers shall be hidden from view from a public street, either through means of placement or landscaping.
iii. Portable storage containers shall be permitted to be located on a property during any calendar year for not more than 60 days.
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iv. At a construction site where a valid building permit has been issued, portable storage containers for temporary storage of construction material must be removed prior to the issuance of a Certificate of Occupancy. v.
Portable storage containers shall meet the setback requirements of the applicable zoning district.
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vi. The placement of portable storage containers shall not impede a motor vehicle operator’s view of vehicular traffic, bicyclists, or pedestrians.
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Chapter 20.05 | Dimensional Standards
Chapter 20.05 Dimensional Standards 20.05.01 Purpose and Applicability 20.05.02 Conformance 20.05.03 Administrative Minor Modifications 20.05.04 Additional Administrative Minor Modification 20.05.05 Lot Orientation 20.05.06 Permitted Encroachments 20.05.07 Setback and Yard Measurements, Buildable Area 20.05.08 Setbacks on Corner and Double/Multiple Frontage Lots
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20.05.09 Height and Bulk Measurements
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Chapter 20.05 | Dimensional Standards
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Chapter 20.06 | Universal Standards
Chapter 20.06 Universal Standards 20.06.01 Purpose and Applicability 20.06.02 Erection of Structures Only on Lots of Record 20.06.03 Reduction of Lot Area Restricted 20.06.04 Lot Coverage 20.06.05 Street Access Required 20.06.06 Clear Sight Distance Required 20.06.07 Demolition or Movement of Buildings or Structures 20.06.08 Required Improvements for Development
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20.06.09 Negative Access Easements Prohibited
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Chapter 20.06 | Universal Standards
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Chapter 20.07 | Development Standards
Chapter 20.07 Development Standards 20.07.01 Purpose and Applicability 20.07.02 Relation to Overlay and Special Districts 20.07.03 Character Standards A. Landscape B. Lighting C. Fences and Walls D. Utilities Screening E. Open Space F.
Odor, Noise, Dust, Vibration, Debris and Glare Standards
G. Stream Buffers
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20.07.04 Incentives
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Chapter 20.07 | Development Standards
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Chapter 20.08 | Design Standards
Chapter 20.08 Design Standards 20.08.01 Purpose and Applicability 20.08.02 Specific Standards for Subdivision Types A. Major B. Minor C. Parcelizations
20.08.03 Block Standards 20.08.04 Lot Standards 20.08.05 Easements 20.08.06 Projects Abutting to Historic Districts 20.08.07 Streets and Rights-of-Ways Standards 20.08.08 Utilities
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20.08.09 Standards for Improvements and Installations 20.08.10 Street Improvements
20.08.11 Storm Water and Subsurface Drainage
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20.08.12 Siltation and Erosion Prevention Standards
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Chapter 20.08 | Design Standards
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Chapter 20.09 | Parking and Loading
Chapter 20.09 Parking and Loading 20.09.01 Purpose and Applicability A. The purpose of this Chapter is to regulate the amount and design of off-street parking and loading for different land uses and to protect the public health, safety, and general welfare of the community by: 1. Mitigating impacts to streets and neighborhoods; 2. Providing the needed access for service and emergency vehicles; 3. Providing for safe and organized interaction between vehicles, bicycles, and pedestrians; 4. Avoiding an over-supply of parking that poses economic, aesthetic, and environmental impacts; and 5. Providing flexibility to respond to varying parking and transportation access needs for different land uses in different areas of the community.
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B. The standards in this Chapter shall apply to all zoning districts, including overlay districts unless otherwise specified.
20.09.02 General Parking Requirements
A. Off-street parking shall be provided for any new building constructed, for any new use established, for any addition or enlargement of an existing building or use, and any change in occupancy of a building or use that would result in additional parking spaces as required by this Chapter, unless specifically exempted. B. No site plan shall be approved or improvement location permit issued unless the proposed building or use conforms to the requirements of this Chapter.
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C. Off-street parking is not permitted in required yard and setback areas except as provided in this Chapter, and shall not be permitted in any required landscaping or buffer area. D. Exclusive Use
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1. Required off-street parking areas shall be designed, maintained, and used exclusively for the tenants, occupants, and customers of the buildings or uses on the site unless a shared parking agreement has been established in accordance with this Chapter. 2. Where there will be no off-site parking or shared parking agreement, required off-street parking areas or loading spaces may not be rented or leased to the general public or to those who are not tenants, occupants, or customers of the uses where the parking is located, except where parking, either structured or surface, is the primary use of the property.
E. Storage of Vehicles or Equipment 1. Vehicle parking spaces, including both required and excess parking spaces, shall not be used to store vehicles that are not used in conjunction with the parcel’s primary use. 2. Unlicensed or inoperable vehicles or trailers shall not be stored or parked on any lot, unless in a completely enclosed building, or where otherwise permitted in this Ordinance. 3. The storage or parking of vehicles and trailers associated with motor vehicle sales and rental; motor vehicle service; or a junk, scrap, or salvage yard shall be subject to the use specific standards described in Chapter 20.05 Use Regulations and Standards.
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Chapter 20.09 | Parking and Loading F.
Motor Vehicle Repair 1. Motor vehicle repair work in off-street parking areas in the Agriculture (AG) district and all residential districts shall be restricted to resident-owned vehicles and where no business is being conducted in conjunction with such repair use. 2. Motor vehicle repair work in required off-street parking areas shall be prohibited in all other zoning districts.
20.09.03 Driveways and Access A. All parking lots shall be designed to allow continuous vehicular circulation. In situations where a dead-end parking aisle is unavoidable, a vehicular turnaround (bumpout) shall be provided. B. Interior circulation drives shall serve all off-street parking. No private off-street parking spaces shall be directly accessed from a public street. All maneuvering into and out of parking spaces shall be conducted onsite.
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C. Where a parcel abuts one or more parcels that are also zoned for commercial use (including a Planned Unit Development district that permits commercial use), parking spaces and drive aisles shall be designed in a manner that allows for connection of the parking areas on abutting parcels. This shall be accomplished through an interconnecting aisle in the abutting parking areas. The first such site to be developed should be designed to accommodate a future connection, typically as a continuation of the front-most or rear-most parking aisle. D. Where parking lots connect across abutting parcels, or are designed to connect in the future, a cross-access easement shall be established for the interconnecting aisle in accordance with the requirements of Section 20.xx.xx (Easement Standards). E. All developments must meet the access and design requirements of Chapter 20.08 Design Standards and the City of Evansville Engineering Department or the Vanderburgh County Engineering Department. F.
Curb cut width:
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1. Residential Use:
a. Residential curb cuts shall be a maximum of 24 feet in width.
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2. Non-residential Use:
a. One-way entrances/exits shall be a minimum of 12 feet in width and a maximum of 15 feet in width. b. Two-way entrances shall be a maximum of 30 feet in width.
c.
Maximum curb cut width may be increased by no more than 12 feet for each designated turn lane.
20.09.04 Pedestrian and Bicycle Circulation A. All parking lots of greater than 30 spaces shall include a marked pedestrian path through the parking lot to the primary building entrance. B. The marked pedestrian path should be grade-separated or protected from drive aisles and parking spaces with a raised curb, planting strip, or landscape islands; and should align with a crosswalk to a primary building entrance. C. Parking lot crosswalks, where possible, should be aligned with the primary building entrance(s).
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Chapter 20.09 | Parking and Loading
20.09.05 Public Transit This Section is Reserved for Future Use
20.09.06 Parking Calculations A. All parking and loading requirements that are based on square footage shall be calculated using the gross floor area of the subject use, unless otherwise noted. B. Parking spaces designated specifically for recreational vehicles, motorcycles, scooters, fleet vehicles, delivery vehicles, or vehicles on display for sale or rental shall not be counted towards the parking requirements of this Chapter unless otherwise specifically stated. C. The number of parking spaces required shall be calculated so that any fraction of 0.5 or greater shall be rounded up to the next whole number. D. Properties containing more than one use may provide parking and loading based on the shared parking regulations found in Section 20.09.10. E. For uses not listed in Table 20.09.01, the Executive Director is authorized to do either of the following:
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1. Apply the minimum off-street parking requirements specified in Table 20.09.01 for the listed use deemed most similar to the proposed use. 2. Establish the minimum off-street parking space and loading requirements based on the current established standards and best practices related to parking generation.
20.09.07 Parking Requirements A. General
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1. Minimum Parking Requirements: Off-street parking spaces shall be provided as required by Table 20.09.01, Minimum Required Off-Street Parking, for each development or land use subject to this Chapter.
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2. Maximum Parking Requirements: When the minimum off-street parking requirement for a non-residential use is equal to or greater than 40 spaces, the maximum number of off-street parking spaces provided shall not exceed 125% of the minimum off-street parking requirement; there is no maximum off-street parking limit for residential uses.
B. Exceptions
1. No off-street vehicle parking is required for within the Central Business District (CBD), except for all residential uses; day care centers; and hotels, motels. 2. Off-street parking requirements for all uses in the AIR district will be determined by the Evansville-Vanderburgh Airport Authority District (EVAAD).
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Chapter 20.09 | Parking and Loading
Table 20.09.01: Minimum Required Off-Street Parking Use Minimum Number of Spaces AGRICULTURE
Determined by the type of use, for example, retail, winery, or assembly, or per 20.09.06 E.
Agritourism Confined Feeding Operations
1 per employee
Crop and Tree Farming, Including Greenhouses and Nursery
Not required
Pasturage
Not required
Farm Products Processing
1 per 1,000 sf Not required
Hobby Farm
Not required
On-Farm Sales (Farm Markets, Roadside Stands)
Not required
Agriculture-Related Accessory Use
Not required
Urban Agriculture
Not required
Community Garden
Not required
RESIDENTIAL Accessory Dwelling Unit
1 per dwelling unit
Cottage Court/Development Group Care Home, FHAA
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Forestry Operations
1 per dwelling unit 1 per 4 beds
1 per dwelling unit, plus parking required for the business use
Live/Work Unit Manufactured Home
2 per dwelling unit
0-1 bedroom
1 per dwelling unit
2 bedrooms
1.5 per dwelling unit
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Mobile Home Park
2 per dwelling unit
Multi-Unit Dwelling
3+ bedrooms
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Residential Care Facility
2 per dwelling unit 1 per 4 beds, plus 1 visitor space per 6 beds
Single Family Dwelling, Attached
2 per dwelling unit
Single Family Dwelling, Detached
2 per dwelling unit
Two-Unit Dwelling (Duplex)
Three/Four-Unit Dwelling (Triplex / Quadraplex) Upper Floor Dwelling
2 per dwelling unit 1.5 per dwelling unit 1 per dwelling unit
COMMERCIAL Adult Business Agriculture Equipment / Chemical Sales, Distribution, Storage Animal Care, Veterinary Clinic Assembly, Commercial Bar or Drinking Place
1 per 200 sf 1 per 1,000 sf 1 per 400 sf 1 per 4 seats, or 1 per 300 sf if no permanent seats 1 per 200 sf
Brewery, Distillery, Winery
1 per 200 sf, plus 1 per employee on the largest shift
Building Material Sales
1 per 1,000 sf, plus 1 per 2,500 sf of outdoor storage or display
Car Wash
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Chapter 20.09 | Parking and Loading
COMMERCIAL Check Cashing and Title Loan Business
1 per 400 sf
Commercial Printing
1 per employee on the largest shift
Craft Brewery/Distillery, Microbrewery
1 per 200 sf, plus 1 per employee on the largest shift
Day Care Center
1 per 400 sf
Dry Cleaner
1 per 300 sf
Equipment Sales, Rental, Repair
1 per 1,000 sf
Farmer's Market
Not required
Financial Services
1 per 400 sf
Funeral Home, Mortuary, Crematory
1 per 200 sf
Gas Station
1 per gas pump island, plus 2 per working bay, plus 1 per employee on the largest shift
Kennel, Commercial
1 per 10 animal accommodation spaces, plus 1 per employee on the largest shift 1 per 300 sf
Massage, Therapeutic
1 per 300 sf
Medical Office
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Liquor Store
1 per 300 sf
Motor Vehicle Sales and Rental Motor Vehicle Service, Major Motor Vehicle Service, Minor Nursery / Garden Supply
1 per 500 sf of sales and service area 1 per 500 sf of service area 1 per 500 sf of service area
1 per 300 sf of retail sales area
Office Uses Not Otherwise Listed
1 per 400 sf 1 per 300 sf
Restaurant with Drive-In or Drive-Through
1 per 300 sf
Restaurant Without Drive-In or Drive-Through
1 per 200 sf
Retail, Small
1 per 300 sf
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Personal Services Not Otherwise Listed
Retail, Large
1 per 400 sf 1 per 400 sf
Tattoo or Body Art
1 per 300 sf
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Studios for Work or Teaching
Trade Shops and Similar Establishments
1 per 1,000 sf
INSTITUTIONAL
Assembly, Institutional and Civic
1 per 4 seats, or 1 per 300 sf, whichever is greater
Cemetery
1 per 50 grave sites
College or University
Per 20.09.06 E.
Community Center, Civic Center
1 per 500 sf
Emergency Medical Facility/Urgent Care/Surgery Center
1 per 400 sf
Hospital
1 per 3 patient beds
Library
1 per 500 sf
Meeting, Banquet, or Conference Facility
1 per 300 sf
Museum
1 per 400 sf
Park
Not required
School, Primary or Secondary Sober Living Facility 98
Per 20.09.06 E. 1 per 4 beds, plus 1 visitor space per 6 beds
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Chapter 20.09 | Parking and Loading
INDUSTRIAL Fabrication, Light
1 per employee on the largest shift
Manufacturing, Heavy
1 per employee on the largest shift
Junk, Scrap, Or Salvage Yards
1 per employee on the largest shift
Mini-Warehouse, Personal Storage
1 per 30 units
Mining, Quarrying and Crude Petroleum and Natural Gas Production
1 per employee on the largest shift
Outdoor Storage
1 per employee on the largest shift
Research and Development
1 per 1,000 sf
Warehouse and Logistics
1 per 1,000 sf
Wholesale Business
1 per 1,000 sf
LODGING Bed and Breakfast
1 per guest room, plus 2 for owners/employees
Fraternities and Sororities Hotel, Motel
Per 20.09.06 E.
1.25 per room, plus 1 per 5 employees on the largest shift
RECREATION Athletic Field
Per 20.09.06 E.
Campground
1 per campsite
Golf Course, Country Club
Recreation, Commercial Indoor
Recreation, Commercial Outdoor
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Shooting Range, Archery Stadium
1 per 800 sf
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Convalescent Homes, Nursing Homes, Assisted Living Facilities
1 per 300 sf of clubhouse, plus 2 per hole 1 per 400 sf
1 per 500 sf of building, plus 1 per 10,000 sf of outdoor recreation area 1 per 400 sf of sales area, plus 1 per lane Per 20.09.06 E.
Airport
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TRANSPORTATION Boat Harbor, Marina Heliport
Per 20.09.06 E. 1 per in-water slip Per 20.09.06 E.
Railroad Facilities
1 per employee on the largest shift
Truck Terminals
1 per employee on the largest shift
UTILITY Landfill
1 per employee on the largest shift
Electric Generation & Storage
1 per employee on the largest shift
Public or Quasi-Public Utilities and Related Facilities
1 per facility
Solar Energy System, Small, Ground or Building Mounted
Not required
Solar Energy System, Large, Ground or Building Mounted
1 per facility
Wind Energy System, Small
Not required
Wind Energy System, Large
1 per facility
Communication Tower
1 per facility
Communication, Small Cell
Not required
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ACCESSORY (MUST HAVE A PERMITTED PRIMARY USE ON THE SAME LOT) Automated Service Machines for Individual Use (ATM, Redbox, Vending Machines)
Not required
Collection Boxes
Not required
Customary Accessory Use and Structure
Not required
Drive-Through Facilities
Not required
Home Occupation
Not required
Outdoor Display and Sales, On-Going
Not required
Outdoor Trash and Recyclables Receptacles
Not required
Swimming Pools
Not required
TEMPORARY Not required
Mobile Food Sales
Not required
Outdoor Display and Sales, Temporary
Not required
Special or Seasonal Event
Not required
Temporary Portable Storage Containers
Not required
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Construction Trailer or Sales Office
20.09.08 Parking for Changes in or Expansion of an Existing Use
A. Change in the use of an existing structure or site shall require compliance with the minimum parking requirements applicable to the new use, unless the use change results in an increase of less than five percent in the required number of parking spaces, or less than five additional spaces, whichever is greater. In such cases, no additional parking spaces are required.
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B. When an existing structure or site changes use, and the new use requires additional buffer or parking lot landscaping, the Executive Director may permit a reduction of up to 20 percent in the required number of parking spaces to accommodate additional landscaping and buffering.
20.09.09 Parking Flexibility
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A reduction to the required parking may be granted by complying with any one or combination of the parking flexibility options listed in this Section provided that the total reduction is not greater than 35 percent of the parking requirements in Table 20.09.01: Minimum Required Off-Street Parking. A. Shared Vehicle Parking Credit For each shared vehicle provided, which is available throughout the day for employee use, the minimum number of required off-street parking spaces may be reduced by four. Each shared vehicle space shall be signed for such use and shall count toward the minimum number of required parking spaces. B. Electric Vehicle Charging Station Credit For each electric vehicle charging station provided, the minimum number of required offstreet parking spaces may be reduced by two. Each charging station counts toward the minimum number of required parking spaces. C. Bicycle Parking Credit The number of required off-street parking spaces may be reduced at a ratio of one motor vehicle parking space for each four secured bicycle parking spaces provided above the minimum bicycle parking requirements, up to a maximum reduction of five percent of the required motor vehicle parking spaces. 100
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Chapter 20.09 | Parking and Loading D. Public Parking Credit The Technical Review Committee may allow for a reduction or elimination of parking requirements if spaces are available in a public parking lot or structure within 600 feet, and that the reduction or elimination of parking requirements will not result in excessive traffic congestion or on-street parking in any nearby residential district. For this provision, on-street parking and parking located within public parks and open space areas shall not constitute a nearby public parking lot or structure. E. On-street Parking Credit
F.
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Any public, on-street parking space at least one-half the length of which is located immediately adjacent to the subject property, may be counted towards onsite parking requirements. Each on-street parking space may only be counted once towards the adjacent lot’s parking requirements, regardless of the number of individual buildings or tenants on the lot. The use of this credit does not entitle the property owner to the continued availability of those on-street parking spaces over time. Management of on-street parking spaces is subject to the City of Evansville or Vanderburgh County parking management policies and practices. On-street parking may not be used to meet the minimum off-street parking requirements for any residential uses. Additional Parking Lot Landscape
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The number of required off-street parking spaces may be reduced up to 10 percent as approved by the Executive Director, for projects that provide significant additions to the landscape and open space on a site. Examples include additional canopy trees sited to provide shade to the parking area, stormwater planters and other green infrastructure integrated into the parking lot design, additional perimeter landscape to buffer large parking areas, and other enhancements as approved by the Executive Director. This addition will be evaluated in terms of exceeding the minimum requirements of Section 20.07.03 Character Standards. G. Permeable Pavement
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The number of required off-street parking spaces may be reduced up to 10 percent when a minimum of 50 percent of the total parking and loading area of a site is paved with permeable pavers, permeable asphalt, porous concrete, or similar permeable, hard-surface material. The number of required off-street parking spaces may be reduced up to 15 percent when a minimum of 90 percent of the total parking and loading area of a site is paved with permeable pavers, permeable asphalt, porous concrete, or similar permeable, hard-surface material. A maintenance plan for the permeable paving material must be approved by the Executive Director before the credit is granted.
H. Closure of Curb Cut The number of required off-street parking spaces may be reduced up to five percent for each driveway curb cut permanently removed as part of a site’s redevelopment. There must be a net reduction in curb cut accesses and cannot be achieved by closing one access but creating another. This credit shall not be granted when the curb cut closure is required because of an existing traffic safety issue as determined by the City of Evansville Engineer or Vanderburgh County Engineer, or when not in conformance with the EMPO Access Standards Manual.
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Chapter 20.09 | Parking and Loading I.
Parking Limited to Rear Yard The number of required off-street parking spaces may be reduced up to five percent when all parking is located in the rear of the principal use, or rear and side in combination.
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Pick-Up / Drop-Off Area The number of required off-street parking spaces may be reduced up to 10 percent when a dedicated pick-up / drop-off zone is established on the site. The zone shall be at least 22 feet in length, marked and clearly separate from drive and parking aisles, adjacent to a pedestrian facility, and should generally be near a public entrance to the building.
K. Parking Requirements for Multi-Tenant Sites with Two or More Connected Tenant Spaces The Executive Director may authorize a single parking standard for an entire multi-tenant site provided that: 1. None of the uses involve outdoor storage, display, or events, within the parking area not clearly marked on the site plan; and
20.09.10 Shared Parking
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2. The standard shall be one space per 250 gross square feet of building area for commercial, retail, and restaurant sites, and one space per 300 gross square feet of building area for office, institutional, or other similar sites.
Two or more adjacent properties may provide a shared parking area serving all properties when all of the following conditions are met. A. Minimum Number of Spaces Required. The shared parking area shall provide at least 80 percent of the cumulative total of parking spaces required for each property.
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B. Location. Any property using a shared parking agreement shall be located within 600 feet of such parking area and be connected to it by a sidewalk(s) and crosswalk(s) where necessary. C. An off-street parking area for one use may be included in the requirements for another use if the Area Plan Commission determines that the periods of usage are not concurrent.
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D. Institutional and commercial assembly uses may reduce the off-street parking facilities by the number of spaces available in commercial or industrial parking areas within 500 feet of the subject use, where the areas are not used during Institutional and commercial assembly usage hours, and with the written commitment of the owner of the parking area to be used. E. Approval. The Executive Director must approve the shared parking area. F.
The standard Area Plan Commission “Shared Parking Agreement” form shall be provided as part the Improvement Location Permit (ILP) application, signed by all property owners, and recorded as a commitment against each property unless the Area Plan Commission approves an alternate shared parking agreement.
20.09.11 Accessible Parking A. Accessible spaces shall be provided and designed to meet the requirements of the Americans with Disabilities Act (ADA). B. Accessible spaces shall count towards the minimum parking requirements of Table 20.09.01: Minimum Required Off-Street Parking. C. All accessible spaces shall be striped and have vertical signs identifying them as accessible spaces. D. Accessible spaces shall be located adjacent to an access aisle and as close as reasonably practical to the building entrance most accessible to the disabled. 102
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Chapter 20.09 | Parking and Loading
20.09.12 Vehicle Parking Location and Design A. Parking Surface 1. Paving: All parking and loading areas required by this Chapter or elsewhere in this UDO, shall use a hard surface of concrete, asphalt, brick paver, pervious hard pavement, porous concrete, or the like as approved by the Executive Director. Parking is not allowed on lawn, dirt, or landscape areas, except for approved temporary events. a. If pervious pavement or porous concrete are to be used, a maintenance plan shall be required as part of the development plan review application. 2. Exceptions: a. Parcels within the Agriculture (AG) District may use a gravel driveway and parking area. Where such gravel driveway is accessed from a paved, public street, a concrete apron shall be provided between the street, sidewalk, and/or bikeway and extending onto the site a minimum of 20 feet from the right-of-way/property line.
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b. Gravel or other aggregate surfacing may be used for material and equipment storage and staging areas in Employment districts when approved by the Executive Director. This standard shall not apply to parking and loading areas in these districts. 3. Striping: Except for single-family, two-unit, three/four-unit, and manufactured home residential uses, all off-street parking spaces shall be striped or otherwise clearly marked to designate individual spaces. 4. Curbing: All driving lanes, parking lots, and landscape islands shall be curbed, unless an alternative design incorporating adequate stormwater management is approved, in which case, wheel stops will be required. B. Location of Parking
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1. Required off-street parking must be provided on the same parcel or within 600 feet of the principal use for which it is required, as measured from the primary entrance of the principal use and the edge of the parking lot or drive aisle pavement.
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2. Shared parking areas must be accessed via a permanent easement. Access easements may also be required to/from parking and drive areas on adjacent properties. 3. Parking spaces shall be located and designed to prevent obstruction of pedestrian and bicycle facilities and encroachment into the public right-of-way. 4. In the NC-1 and CBD districts, off-street parking areas shall not be located between a primary façade and a public street, and shall not access Main Street between Riverside Dr. and Martin Luther King Jr. Blvd. 5. In the HMR-4, CC-2, and EMP districts, no more than two rows (one double-loaded aisle) of parking may be located between a primary façade and a public street. 6. Except as prohibited above, parking lots are permitted in required yard areas, provided they meet the landscape and buffer yard provisions of Section 20.07.03 and are set back a minimum of 10 feet from all property lines, except when the parking area is used as a shared parking lot as described in Section 20.09.10.
C. Parking Space and Drive Aisle Dimensions 1. All parking areas shall be constructed according to the following standards. a. All parking aisles shall connect to another drive aisle or terminate with a bump-out for turnaround maneuverability.
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Chapter 20.09 | Parking and Loading b. Parking space dimensions:
Table 20.09.02: Parking Space and Drive Aisle Dimensions LENGTH
WIDTH
AISLE (One-Way / Two-Way)
0o (parallel)
22 ft
8 ft
12 ft / 22 ft
45o
18 ft
9 ft
12 ft / 22 ft
60
o
18 ft
9 ft
15 ft / 22 ft
90
o
18 ft
9 ft
18 ft / 24 ft
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ANGLE
D. Compact Vehicle Spaces
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1. Up to 15 percent of required parking may be designed for compact vehicles. Each space must be clearly marked for use by compact vehicles only. 2. Compact vehicle spaces shall be a minimum of eight feet in width by 16 feet in length.
3. Where compact vehicle spaces are the only spaces located along an aisle, the aisle width may be decreased by two feet.
E. Landscaping All parking and loading areas shall comply with the provisions of Section 20.07.03 A.
20.09.13 Loading Area Location and Design A. General 1. When loading and unloading occur during business hours, loading spaces shall be permanently available, marked, and maintained for loading purposes for the principal use they are intended to serve. 2. No space used for required off-street parking shall be used for a required loading or unloading space. 3. For uses requiring loading and unloading during business hours, entrances, exits, aisles, or driveways shall not be computed as part of a required loading and unloading space.
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Chapter 20.09 | Parking and Loading 4. Plans for all loading and unloading facilities shall be submitted to the Executive Director for review and compliance with the provisions of this UDO. Such plans shall show the number and location of loading and unloading spaces, including truck turning templates superimposed on the site plan, necessary maneuvering of trucks, dock, and apron approachs, arrangements of access aisles, location of access points onto adjacent streets, provisions for truck circulation, location of curbs on or adjacent to the property, typical cross-sections of pavement, and such other information or plans as the circumstances may warrant. 5. The approaches to loading and unloading areas on nonresidential sites shall be designed to minimize conflict with onsite vehicular, pedestrian, and bicycle traffic and with any adjacent residential uses. B. Location 1. All designated loading and unloading areas shall be located on the same lot as the principal use served.
C. Design
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2. All designated loading and unloading areas shall be located in a side or rear yard, but outside of required setback areas.
1. The minimum requirements for loading spaces are:
a. 12 feet in width by 35 feet in length with a 45-foot maneuvering apron and a 14-foot height clearance. b. The Site Review Committee may recommend the reduction of a space to 12 feet in width by 30 feet in length in an area with an 8-foot clearance if the use will not normally involve the service by vehicles requiring the larger space.
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2. Loading and unloading areas and drive aisles used to access those areas shall be paved with heavy-duty asphalt or concrete in coordination with anticipated wheel loads. 3. Loading and unloading areas shall be effectively screened from view from the public rightof-way and adjacent residential uses by solid building walls, constructed of materials similar to the primary structure, fences, or well-maintained landscape plantings.
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4. The design of loading and unloading areas shall prevent any portion of any vehicle using the loading facility from projecting into the public right-of-way or an onsite pedestrian or bicycle facility.
20.09.14 Loading Calculations There is no minimum loading area space requirement, but where provided, loading and unloading areas must meet the provisions of Section 20.09.13.
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20.09.15 Drive-Thru and Vehicle Stacking Areas A. Stacking Spaces & Lanes Vehicle stacking spaces and the number of lanes shall be provided in accordance with Table 20.09.04: Required Drive-Thru Stacking Spaces and Lanes, below.
Table 20.09.03: Required Drive-Thru Stacking Spaces and Lanes Minimum Required Begin Stacking Space Drive Through Activity Stacking Spaces Per Lane Measurements At Bank, Financial Institution, ATM
3
Teller Window or ATM
Food and Beverage Uses
9
Pick-Up Window
Car Wash (Full Service)
6
Outside of Washing Bay
Car Wash (Self Service or Automated)
2
Outside of Washing Bay
3
Pick-Up Window
Pharmacy
As Determined by the Executive Director
B. Location
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Other
1. Stacking spaces shall be located entirely outside of a required driveway or parking aisle providing access to required parking spaces. 2. No drive-through lane may pass between the front façade of the primary building and the front lot line. 3. Drive through accessory facilities shall be located to the side or rear of the building. 4. Any required stacking space must be located a minimum of 20 feet from an access point.
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C. Size of Stacking Space
To determine compliance, stacking spaces shall measure nine feet in width and 18 feet in length and shall be illustrated on the site plan submitted for review by the Technical Review Committee.
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D. Other Requirements
1. Drive-up and drive-through accessory facilities shall be designed and located to avoid impairing pedestrian mobility or creating risks to pedestrian safety. 2. Drive-up and drive-through accessory facilities shall be designed, so that menu boards, order boards, and service windows are not located on any side of the primary structure abutting a residential district or residential use. 3. Vehicles using drive-through facilities may not encroach on or interfere with the public use of streets and sidewalks by vehicles or pedestrians.
4. Drive-through lanes shall be physically marked or separated from all parking areas and driveways using pavement markings, decorative pavement, raised islands, or other barriers.
20.09.16 Bicycle Parking A. Bicycle parking shall be provided for all uses within the City of Evansville, except singlefamily, two-unit, three/ four-unit, manufactured housing, and mobile home parks. The Executive Director may waive or reduce the number of bicycle parking spaces required based on the surrounding use and context of the proposed development and the site’s accessibility by bicycle. 106
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Chapter 20.09 | Parking and Loading B. Minimum Number of Spaces A minimum of one bicycle parking space shall be provided per 30 vehicle parking spaces. No more than 15 bicycle parking spaces shall be required for any primary structure. C. Proximity to Primary Structure: The bicycle parking spaces shall be near the main entryway into the primary structure or be located inside the primary structure. D. Bike Rack Requirement A bike rack shall be installed to secure the bicycles as part of the parking facilities. E. Pedestrian Ways Bicycle parking areas shall be designed so that the bicycles, including trailers, shall not obstruct an adjacent sidewalk, path, or another pedestrian way when fully occupied.
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20.09.17 Parking, Storage, or Use of Campers, Boats, Trailers, or Recreational Vehicles, and Other Similar Equipment A. Within residential and mixed-use districts in the City of Evansville: 1. Within the City of Evansville, only one such vehicle or piece of equipment may be stored or parked outside an enclosed building; 2. Within unincorporated Vanderburgh County, no more than two such vehicles of pieces of equipment may be stored or parked outside an enclosed building; 3. No such vehicle or equipment shall be permanently stored in a front yard; 4. Such vehicles may be stored behind or alongside the primary building in such a manner that no part of any such vehicle shall project beyond the front or side setback lines;
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5. No such vehicle or equipment shall be used for long-term living, sleeping, or housekeeping purposes on any lot except for campers and recreational vehicles located on a permitted campsite.
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6. Recreational vehicles used for visitation may be parked in a driveway and temporarily inhabited, for a period of no more than seven days, and shall not count towards the limits established in 1 and 2 above. 7. Such vehicles of pieces of equipment shall not be permanently stored within the public right-of-way. When such vehicles are parked within the right-of-way, they shall be subject to on-street parking regulations of the City/County.
B. Within nonresidential districts where permitted: 1. Vehicle or equipment must be screened from public view by building facades or solid fences, and 2. Any site used for parking or storage shall be maintained with a paved surface, compacted gravel, or crushed stone.
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Chapter 20.09 | Parking and Loading
20.09.18 Overlay Zones A. Arts Overlay Zone (AOZ) 1. Where the AOZ applies to a residential zoning district, off-street parking is not required. However, owners are encouraged to provide at least one parking space, if possible, in the rear of the property off of the alley. Parking lots or parking spaces installed are subject to the Site Review Committee’s approval and must comply with the underlying zoning classification’s development standards. 2. Where the AOZ applies to a commercial zoning district, the off-street parking requirement shall be one space per every ten linear feet of frontage along the front lot line facing the street. All off-street parking must be located in the rear of the property. Access shall be from the alley in the rear of the property only unless no other access is available to the site. B. Jacobsville Overlay Zone (JOZ) 1. Zone-Wide Parking Provisions.
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a. New off-street parking for lots adjacent to alleys in the rear shall be located behind the structure and shall access the alley whenever possible. b. The following bicycle parking credit shall be applied for proposals in the JOZ area that incorporate bicycle parking: This credit allows a reduction in the automobile parking spaces required for all nonresidential uses at a ratio of one automobile parking space for every four bicycle parking spaces provided.
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The maximum credit allowed shall be no more than 15 percent of the required automobile parking spaces pursuant to this subsection, in addition to the 5 percent reduction permitted under Section 20.09.09 C.
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c.
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Parking lots or parking spaces shall be approved by the Site Review Committee prior to installation.
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d. Where the JOZ requires parking lot screening, an ornamental masonry wall or hedge plantings that meet EMC 18.135.050(D)(1) or (2) shall be installed.
2. Residential Live/Work Subarea. a. For live/work units or single-family homes, off-street parking is not required. However, it is encouraged that owners and occupants provide at least one parking space in the rear of the property. b. For all other uses in the residential live/work area i.
The minimum number of off-street parking spaces to meet Table 20.09.01 shall be reduced by 25 percent.
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Off-street parking shall be located on the same lot as the principal use unless the owner provides offsite parking facilities on an alternate lot within 750 feet of the proposed development site and provides a copy of the deed or lease agreement signed by the owner to the Area Plan Commission for the alternate parking location. The alternate lot may not be currently or subsequently used for any other use unless the Area Plan Commission approves the shared use.
iii. Proposed off-street parking not located in the rear of a lot as desired shall be screened from North Main Street.
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Chapter 20.09 | Parking and Loading c.
No loading areas may front on North Main Street, and no new curb cuts on North Main shall be allowed.
3. North Main Business Corridor. a. The minimum number of off-street parking spaces for all uses in this subarea, as listed in Table 20.09.01, shall be reduced by 25 percent. b. Off-street parking shall be located on the same lot as the principal use unless the owner provides offsite parking facilities on an alternate lot within 750 feet of the proposed development site and provides a copy of the deed or lease agreement signed by the owner to the Area Plan Commission for the alternate parking location. The alternate lot may not be currently or subsequently used for any other use unless the Area Plan Commission approves the shared use. c.
Proposed off-street parking not located in the rear of a lot as desired shall be screened from North Main Street.
d. No loading areas may front on North Main Street. 4. The Mixed-Use Development Area.
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a. Proposed off-street parking not located in the rear of a lot as desired shall be screened from First Avenue.
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Chapter 20.10 | Signs
Chapter 20.10 Signs 20.10.01 Purpose and Applicability 20.10.02 Prohibited Sign Types 20.10.03 Prohibited Sign Locations 20.10.04 Signs Allowed without a Permit 20.10.05 Other Actions Allowed without a Permit 20.10.06 Temporary Signs 20.10.07 Installation, Design, and Construction Standards 20.10.08 Waiver of Rights to Damages 20.10.09 Sign Permit Requirements 20.10.10 Signs Requiring a Permit 20.10.11 Sign Measurements
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20.10.13 Amoritization
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20.10.12 Policies and Rules of Construction
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Chapter 20.10 | Signs
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This Chapter is currently being drafted and reviewed by Staff and the Task Force. It will be included with a future update of this document.
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Chapter 20.11 | Administrative Roles and Responsibilities
Chapter 20.11 Administrative Roles and Responsibilities 20.11.01 Legislative Body 20.11.02 Area Plan Commission 20.11.03 Redevelopment Commission 20.11.04 Board of Zoning Appeals 20.11.05 Executive Director 20.11.06 Planning Department 20.11.07 Historic Preservation Board 20.11.08 Department of Metropolitan Development 20.11.09 City / County Engineer 20.11.10 Hearing Officer 20.11.11 Plat Committee 20.11.13 County Surveyor 20.11.14 Drainage Board
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20.11.12 Technical Review Committee
20.11.15 Board of Public Work 20.11.16 Health Dept
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20.11.17 Water and Sewer
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Chapter 20.11 | Administrative Roles and Responsibilities
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This Chapter is currently being drafted and reviewed by Staff and the Task Force. It will be included with a future update of this document.
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Chapter 20.12 | Procedures and Processes
Chapter 20.12 Procedures and Processes 20.12.01 General Application Requirements 20.12.02 Addressing 20.12.03 Development Plan Review 20.12.04 Zoning Map Amendments 20.12.05 Zoning Text Amendments 20.12.06 Comprehensive Plan Amendment 20.12.07 Rezone to a Planned Unit Development (PUD) 20.12.08 Certificate of Appropriateness 20.12.09 Appeals 20.12.10 Administrative Interpretation 20.12.12 Variances
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20.12.11 Nonconforming Uses 20.12.13 Subdivision Waivers
20.12.14 Special Exception Permits 20.12.15 Zoning Certificates
20.12.16 Improvement Location Permit 20.12.17 Minor Plats 20.12.18 Parcelizations
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20.12.19 Primary Plats
20.12.20 Secondary Plats
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20.12.21 Vacating Plats
20.12.22 Construction Plans 20.12.23 Letters of Credits
20.12.24 Enforcement and Penalties 20.12.25 Temporary Certificate of Occupancy 20.12.26 Final Certificate of Occupancy 20.12.27 Fees
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Chapter 20.12 | Procedures and Processes
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Chapter 20.13 | Definitions
Chapter 20.13 Definitions 20.13.01 Interpretation of Words and Terms
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20.13.02 General Definitions
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Chapter 20.13 | Definitions
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