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

In general, this UDO is adopted to preserve, protect, and promote the public health, safety, 20.01.04 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. F. Minimize personal automobile use by mixed uses, multi-modal transportation options, and compact community form. 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. H. Provide open space for mobility, habitat, light, air, and recreation. I. Establish clear and efficient development review procedures. JurisdictionDRAFT 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.

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. 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 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 DRAFT 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.

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. d. e. f. g. h. i. j. k. l. 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”). Requirements using numbers as stated “up to x,” “not more than x,” and “a maximum of x,” always include “x.” Any reference to a chapter or section shall mean a chapter or section of these regulations, unless otherwise specified. The word “person” includes an individual, firm, limited liability company, corporation, association, fiduciary, or governmental entity and any combination thereof. The words “used” or “occupied” include the words “intended, designed, or arranged to be used or occupied.” The words “lot” or “property” include the words “lot,” “parcel,” or “property,” The word “structure” includes the words “building,” “dwelling,” and “accessory structure.” The word “public way” includes the words “highway”, “street”, “avenue”, “boulevard”, “road”, “lane”, or “alley”. 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”). 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 DRAFT 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.

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. 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. c. 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. 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. DRAFT

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.

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 20.01.07 20.01.08 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. 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. Zoning of Annexed Areas 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.” Effect of Vacation on Zoning 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.DRAFT

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.

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. 20.01.14 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. 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. 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. Effective Date 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: DRAFT 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]