Chapter 18.05 GENERAL PROVISIONS

Chapter 18.05
GENERAL PROVISIONS

Sections:

18.05.010 Title.

This title may be cited as the “zoning code.” [Ord. G-76-10, passed 2-28-77. 1962 Code, Art. 9, Ch. 1, § 2; 1982 Code § 153.001; 1983 Code § 15.153.001.]

The purpose of this title is to promote the public health, safety, and general welfare of the City, to enhance the use and enjoyment of property, and to provide for the regulation of land use in the community, while preserving the right of the individual property owner to use and enjoy his property. These purposes require a zoning ordinance which will define the districts into which the City is divided, the restrictions on the uses within the districts, and the minimum standards for the use of buildings, structures, and land within the districts. [Ord. G-89-17, passed 5-24-89; Ord. G-76-10, passed 2-28-77. 1962 Code, Art. 9, Ch. 1, § 1; 1982 Code § 153.002; 1983 Code § 15.153.002.]

18.05.030 Definitions.

For the purpose of this title, the following definitions shall apply unless the context clearly indicates or requires a different meaning. The Area Plan Commission shall have the right to adopt reasonable rules and regulations further defining the terms used in this code.

“Abutting property owner” means official owner of record whose property is contiguous to the subject property; any property which would touch at any point the subject property ignoring all rights-of-way, easements, alleys, and the like.

“Accessory dwelling unit (ADU)” means a type of residential dwelling that is accessory and subordinate to, and co-located with, a principal single-family or duplex structure at least in part on the same lot or parcel, where the accessory can be either attached or detached, and is specifically designed to preserve the existing neighborhood character.

“Accessory structure” means a structure subordinate to the principal use of a building on the same lot, or on an adjacent, undeveloped lot if in common ownership, and serving a purpose customarily incidental and subordinate to the use of the principal building.

“Adult arcade” means a commercial establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors or similar machines, or other image-producing machines, for viewing by five or fewer persons per machine at any one time, in which a substantial portion (30 percent or more) of the total presentation time of the images so displayed is devoted to the showing of material which meets the definition of “harmful to minors” as specified in IC 35-49-2-2 (and as it may from time to time be amended) and/or represents or displays “sexual conduct” as defined in IC 35-42-4-4 (and as it may from time to time be amended).

“Adult bookstore,” “adult novelty store,” or “adult video store” means a commercial establishment which has a substantial (30 percent or more) portion of its revenues, floor space or advertising associated with the sale or rental, for any form of consideration, of any one or more of the following:

(1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, tapes, records, CD-ROMs or other forms of visual or audio representations which meet the definition of “harmful to minors,” under IC 35-49-2-2 (and as it may from time to time be amended) and/or represent or display “sexual conduct” as defined in IC 35-42-4-4 (and as it may from time to time be amended);

(2) Instruments, devices or paraphernalia which are designed for use in connection with “sexual conduct” as defined in IC 35-42-4-4 (and as it may from time to time be amended).

“Adult cabaret” means a nightclub, bar, restaurant, or similar establishment which features live performances which meet the definition of “harmful to minors” as set forth in IC 35-49-2-2 (and as may from time to time be amended) and/or represents or displays “sexual conduct” as defined in IC 35-42-4-4 to a clientele who pays any form of consideration for such live performance.

“Adult motion picture theater” means an indoor or outdoor facility with a capacity of six or more persons, where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and in which a substantial portion (30 percent or more) of the total revenue is derived from or substantial time (30 percent or more) is devoted to the showing of such material which meets the definition of “harmful to minors” as defined in IC 35-49-2-2 (and as may from time to time be amended) and/or displays “sexual conduct” as set forth in IC 35-42-4-4 (and as it may from time to time be amended), for observation by patrons.

“Adult theater” means a theater, concert hall, auditorium or similar establishment, either indoor or outdoor, which, for any form of consideration, regularly features live performances, and in which a substantial portion (30 percent or more) of the total presentation time is distinguished or characterized by an emphasis on activities which meet the definition of “harmful to minors” as set forth in IC 35-49-2-2 and/or “sexual conduct” as set for in IC 35-42-4-4.

“Agrivoltaic” means a solar energy system or commercial solar energy generating facility co-located on the same parcel of land with an agricultural use such as crop production, grazing, apiaries, etc.

“Airport” means the Evansville-Vanderburgh Airport Authority District (EVAAD).

“Airport comment letter” means a letter provided by the airport conveying their comments on a development application and addressing whether it would have the potential to create one or more of the public safety conditions listed in EMC 18.118.030(B)(2).

“Airport hazard” means any structure, object, or natural growth located on or in the vicinity of the airport, or any use of land near the airport that obstructs the airspace required for the flight of aircraft landing or taking off at the airport, or is otherwise hazardous to aircraft safety.

“Airport land use compatibility” means the extent to which land uses surrounding the airport can coexist with airport-related activities.

“Airport land use compatibility zones” means a set of sub-zones that divide the overall Airport Overlay Zone (AIR-O) into sub-zones intended to place additional land use restrictions on property under the influence of the airport for the purpose of maintaining compatible land use around the airport (the airport overlay zone map at the end of EMC 18.118.040 illustrates the sub-zones, and Table 18.118.050(D), Dimensional Standards of Land Use Compatibility Zones, shows the sub-zone dimensions).

“Sub-Zone A” means the area closest to the ends of the individual runways that is free of above-ground obstructions and structures, and where nearly all land uses are prohibited for public safety.

“Sub-Zones B1/B2” means areas at the airport extending outward from Zone A that are the critical surfaces reflecting aircraft approach and departure for each runway (the inner and outer approach zones), and where the size of these areas is based on the most demanding surface of each runway along with other factors such as the type/size of aircraft using each runway.

“Sub-Zones C1/C2” means the FAR Part 77 horizontal surface, which encompass the typical airport traffic area extending around the airport in an elliptical shape depending upon the runway types and configurations.

“Airport noise impact areas” means the 60 dBA, 65 dBA, 70 dBA, and 75 dBA noise sensitive areas as established in EMC 18.118.100, Noise standards, and derived from the periodically updated noise impact projections from aircraft flight operations.

“Airspace” means the space lying above the earth or above a certain area of land or water that is necessary to conduct aviation operations.

“Alley” means a public right-of-way intended as a means of access to the rear or side of property.

“Apartment dwelling unit(s)” means a portion of a building containing a room or set of rooms fitted with living, sleeping and/or kitchen facilities and used as a dwelling for one or more persons, but incidental to the principal use. This includes multifamily dwellings rented or leased by bedroom unit.

“Artist” means an individual who practices in the creation, manufacture, exposition, display, sale, teaching, instruction, or assemblage of all art in any forms and media, including persons engaged in culinary arts (except as would qualify as a restaurant). The term “artist” shall apply to painters (excluding paint contractors), sculptors, authors, screenwriters, playwrights, film makers, dancers, potters, weavers, jewelers, exhibitors, printers, costumers, musicians, photographers, architects, engineers, designers, planners, computer programmers, video game developers, and other similar or related uses as approved by the Area Plan Commission Executive Director. The term “artist” shall not be applied to individuals engaged or in the practice of operating a sexually-oriented or adult business as defined with the zoning code.

“Bedroom” means a single bedroom with or without living facilities in an apartment dwelling unit.

“Board” means the Board of Zoning Appeals.

“Board of Health” means the Evansville-Vanderburgh County Health Department.

“Building” means a structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals, or property.

“Building-integrated solar energy system” means a type of system that is integrated into, replaces or substitutes for an architectural component of a building, rather than being a separate mechanical device (e.g., photovoltaic or hot water solar energy systems contained within roofing materials, windows, skylights, and awnings), and which is used primarily for on-site energy consumption.

“City park” means property owned by the City of Evansville and designated for use as a park or for recreational activities.

“Club” means a building or portion thereof or premises owned or operated for a social, literary, political, educational, or recreational purpose primarily for the exclusive use of members and their guests, but not including any organization, group, or association, the principal activity of which is to render a service usually and ordinarily carried on as a business.

“Commercial” means the purchase, sale, barter, or exchange of goods, wares, merchandise or services intended for profit, or the maintenance or operation of offices or enterprises intended for profit.

“Commercial solar energy generating facility” means solar arrays and related equipment (including battery storage, but not inclusive of off-site transmission lines or fiber) that are considered to be a principal use; that convert sunlight into electrical energy expressly for the purpose of selling the electricity for off-site use; and that are grouped into two categories by size – community and large scale.

“Commercial vehicle” means any vehicle, other than private passenger vehicles, designed, intended, or used for transportation of persons, goods, or things. The term “commercial vehicle” shall also include private passenger vehicles such as pickup trucks, vans, and automobiles which have been structurally or materially altered for use in connection with a commercial use.

“Commission” means the Evansville-Vanderburgh County Area Plan Commission.

“Community-scale solar energy system” means a type of commercial system that is a principal use in and of itself; where the electrical energy is generated to sell in either wholesale or retail transactions for off-site use; and where the system covers an area of less than 10 acres in size allowing it to fit at an appropriate scale into the community.

“Compatibility” means, for the purposes of this title, the extent to which a development, building and/or land use is able to exist or occur without conflicting with its surroundings in terms of its use(s), scale, height, massing and location.

“Compatible use” means an existing or proposed land use or activity that can co-exist with neighboring uses/activities, without either creating or experiencing one or more off-site, adverse effect(s).

“Completely enclosed building” means a building separated on all sides from adjacent open space or from other buildings or other structures by a permanent roof and by exterior walls or party walls, pierced only by windows and entrance and exit doors.

“Corner lot” means a lot abutting on two or more streets at their intersection, or on two parts of the same street, the streets or parts of the same street forming an interior angle of less than 135 degrees.

“Day-night average sound level (DNL)” means a 365-day averaged, day-night average sound level measurement expressed in decibels, that is the metric designated to define airport noise impact for noise programs conducted under the provisions of the Federal Aviation Regulations, including FAR Part 150.

“Decibel” means A-weighted sound level (dBA), as measured with a sound level meter, that is on a decibel scale and approximates the way the human ear responds to frequency levels.

“Detached building” means a building having no party wall in common with another building.

“Director” means the Director of the Evansville-Vanderburgh Area Plan Commission.

“Duplex” means a dwelling consisting of two dwelling units which may either be attached by a common wall or one above the other.

“Dwelling” means a building or a portion of a building occupied by one family for living and sleeping purposes with kitchen facilities.

“Dwelling unit” means a building or a portion of a building occupied by one family for living and sleeping purposes with kitchen facilities.

“Easement” means an authorization or grant by a property owner to specific persons or to the public to use land for specific purposes.

“Efficiency dwelling unit” means a building or a portion of a building occupied by one family with living, sleeping, and kitchen facilities in one room.

“Family” means one or more persons occupying a single dwelling unit; provided, that, unless all members are related by blood, adoption, or marriage, no such family shall contain over five persons. However, any such unrelated family must provide off-street parking for all “family” vehicles.

“Federal Aviation Regulations” means regulations established by the Federal Aviation Administration, including, without limitation, 14 CFR Part 77 (also known as FAR Part 77) entitled, in full, “Objects Affecting Navigable Airspace – Part 77,” which (A) establishes standards for determining obstructions in navigable airspace; (B) defines the requirements for notice to the FAA Administrator of certain proposed construction or alteration; (C) provides for aeronautical studies of obstructions to air navigation to determine their effect on the safe and efficient use of airspace; (D) provides for public hearings on the hazardous effect of proposed construction or alteration on air navigation; and (E) provides for establishing antenna farm areas.

“Floodway” means the channel of a river or stream and those portions of the floodplains adjoining the channel which are reasonably required to efficiently carry and discharge peak flood flow of the regulatory flood of any river or stream.

“Floor area” means the sum, in square feet, of all roofed portions of a building, as measured from the outside measurements. Floor area includes the total of all space on all floors of the building.

“Front lot line” means a line separating a lot from a street. In the case of a corner lot, the front lot line is the shorter of any two adjacent lines separating the lot from a street.

“Frontage” means the property abutting one side of a street as measured along the street line, or as measured along the building line of a curve.

“Garage/yard sale” means a public or private sale conducted by the owner or occupant of the premises, conducted within a residence, garage, or other accessory building or outside thereof, which sale is of an item or items of personal property owned or in the possession of the occupant of the premises, which personal property was not acquired by the owner or occupant for the purposes of resale.

“Gross floor area” means the total horizontal areas of all floors of a building, measured from the outside dimensions of each floor level.

“Ground mounted” means a solar energy system mounted on a rack or pole that rests on or is attached to the ground.

“Group home/community residential facility” means a facility which provides residential services for persons in a supervised group living program.

“Home occupation” means uses specifically listed in Use Group 2, conducted entirely within a dwelling and carried on by an occupant thereof, which is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. Subject to restrictions as listed in EMC 18.30.010(A)(2). “Home occupation” may also include any such use approved as a special use per Chapter 18.145 EMC.

“Imaginary surfaces” means areas established pursuant to Federal Aviation Regulation in relation to the airport and to each runway that are height limits used to consider any object extending above these surfaces as an obstruction. The individual surfaces are defined as:

“Approach surface” means the surface that is longitudinally centered on the extended runway centerline and extends outward and upward from the end of the runway primary surface; and having a runway approach slope at a ratio of 20:1, 34:1, or 50:1, depending on the approach type; and an approach surface length varying from 5,000 to 50,000 feet, depending upon the approach type (precision, non-precision or visual approach).

“Conical surface” means the surface that extends upward and outward from the periphery of the horizontal surface at a slope of 20 feet horizontally for every one foot vertically (20:1) for a horizontal distance of 4,000 feet.

“Horizontal surface” means a horizontal plane located 150 feet above the established airport elevation that encompasses an area from the transitional surface to the conical surface; and the perimeter of which is constructed by generating arcs from the center of each end of the primary surface and connecting the adjacent arcs by lines tangent to those arcs.

“Transitional surface” means the transitional surface that extends outward and upward at right angles to the runway centerline and extends at a slope of seven feet horizontally for each one foot vertically (7:1) from the sides of the primary and approach surfaces; and that extend to the point at which they intercept the horizontal surface at a height of 150 feet above the established airport elevation.

“Incompatible land use” means a use of land which is normally unable to co-exist with aircraft and airport operations without creating or experiencing adverse effects (e.g., noise sensitivity or safety hazards due to the potential for assemblage of people, structure height, creation of visual obstructions, etc.).

“Juice bar” means an adult cabaret which does not serve alcoholic beverages.

“Junkyards,” “salvage yards,” “buildings used principally for the storage of junk,” “shops selling principally junk,” and similar operations, means any land, property, structure, building or combination of the same, where junk is stored or processed. “Junk” or “salvage” includes but is not limited to wrecked or inoperable vehicles, parts of vehicles, scrap iron and other metals, wood, paper, rags, rubber, tires, bottles, etc.

“Land” includes water surface and land under water.

“Large-scale solar energy system” means a type of commercial system that is a principal use in and of itself; where the electrical energy is generated to sell in wholesale transactions for off-site use; and where the system covers an area 10 acres or more in size, including collection and feeder lines, substations, ancillary buildings, solar monitoring stations and other related structures or accessory equipment.

“Lighting and marking of hazards to air navigation” means installation of appropriate lighting fixtures, painted markings, or other devices upon objects or structures that constitute hazards to air navigation.

“Live/work unit” means a structure combining both a dwelling unit and work space for a business, where at least one of the residents of the household is employed by the business.

“Lot” means an identifiable parcel of land having frontage on a public street or right-of-way, approved private streets, or acceptable easements.

“Manufactured/modular home” means a dwelling unit fabricated in an off-site manufacturing facility for installation or assembly at the building site, bearing a seal certifying that it is built in compliance with the Federal Manufactured Housing Construction and Safety Standards Code or IC 22-11-1-1 et seq., as promulgated by the Indiana Administrative Building Council. A modular housing unit is constructed in part or in whole at a place other than the foundation site, transported to the foundation site, and assembled on site to create one whole structure. The manufactured home or modular housing unit should include but not be limited to these features: asphalt roof, a roof pitch of at least 2.5:12, house-type windows, doors and siding, and must be placed on a permanent foundation. “Modular homes,” “prefabricated homes,” and other such implied terms shall be deemed to be the same as “manufactured homes.”

“Massage parlor” means any building, room, place or establishment where massages are practiced on the human body with or without the use of mechanical or bath devices, by anyone not a physician, surgeon, or of a similar status, duly registered with and licensed by the State of Indiana.

“Maximum tilt” means orientation of a tilt-adjustable solar panel or array at the point closest to vertical, i.e., perpendicular to the ground.

“Mixed-use building” means a building/structure containing more than one type of use, where commercial uses may be mixed vertically or horizontally with residential, institutional or industrial uses where allowed in this title.

“Mobile home” means a factory-constructed, transportable structure designed for permanent residential use when placed on a lot and connected to utilities.

“Mobile home site” means that plot of ground within a mobile home park (as defined and controlled by the Indiana State Board of Health) designed for the accommodation of one mobile home.

“Noise exposure contour” means lines drawn around a noise source indicating constant energy levels of noise exposure that is expressed as DNL, the measure used to describe community exposure to noise.

“Noise impact” means a condition that exists when the noise levels occurring in an area exceed a level identified as appropriate for the activities in that area.

“Noise reduction (NR) or noise level reduction (NLR)” means reduction in sound level transmission between locations or rooms for the expressed purpose of lessening or mitigating the impact of noise in one of the locations (can also be expressed as sound level reduction).

“Non-precision approach runway” means a runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area type navigation equipment, for which a straight-in non-precision instrument approach procedure has been approved, or planned, and for which no precision approach facilities are planned, or indicated on an FAA planning document or military service airport planning document.

“Nude model studio” means a place where a person who appears in a state of nudity is observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any other form of consideration, or such display is characterized by an emphasis on activities which meet the definition of “harmful to minors” as set forth in IC 35-49-2-2 (and as it may from time to time be amended) and/or “sexual conduct” as set forth in IC 35-42-4-4 (and as it may from time to time be amended). This definition shall not apply to colleges or universities which are accredited by a nationally recognized accrediting organization.

“Nudity” means the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of covered male genitals in a discernibly turgid state. “Buttock” means either of the two rounded prominences on the human torso that are posterior to the hips and formed by the gluteal muscles to the hips and underlying structures.

“Object” means any of the following, but is not limited to, above-ground structures, people, equipment, vehicles, natural growth, terrain, and parked aircraft (see FAA Advisory Circular 150/5300-13).

“Obstruction” means any structure, tree, plant growth, or other object, including a mobile object, that exceeds a limiting height, specific to its geographic location relative to the runway/airport (see FAA Advisory Circular 150/5190-4A).

“Off-site parking” means a parking area located on a separate lot than the principal use it serves.

“Opaque fence” means a fence constructed of brick, stone, treated wood, painted rustproof metal, chain link with vinyl or metal screening inserts, vinyl, or other commercially produced synthetic fencing material so long as it is durable, uniform, and attractive. Opaque gates matching the type, height, etc. of the fence shall be provided for access. The use of chain link fencing or gates with mesh screening, tarps, and similar materials shall not be considered as opaque.

“Open use” means that use of a lot without a building, or with a building incidental to the use with a ground floor area of five percent or less of the area of the lot (e.g., car sales lots, flea markets, etc.).

“Owner-occupied bed and breakfast/boardinghouse” means a bed and breakfast facility or boardinghouse which is individually owned, occupied and managed by the owner-operator who resides in the dwelling as their primary residence.

“Parking garage” means a building, except a “private garage,” used exclusively for public parking of motor vehicles.

“Peep show facility” means an establishment utilizing a device operated manually, mechanically, magnetically, electrically or electronically which exhibits, displays, projects or illuminates photographed, videotaped, or magnetically reproduced images, or exposes live entertainment to the viewer, which viewer is in a booth or stall, distinguished or characterized by an emphasis on matter depicting “sexual conduct” as defined by IC 35-42-4-4 (and as may from time to time be amended) or nudity for observation by patrons thereof.

“Photovoltaic system” means a solar energy system that converts solar energy into electricity.

“Platted ground” means ground platted as provided by Chapter 17.05 EMC.

“Pollinator-friendly habitat” means vegetation that consists of flowering or naturalized plant species providing opportunities for pollinator foraging on these sources of nectar and pollen; while also serving as larval host plants for egg-laying or nesting.

“Precision approach runway” means a runway having an existing instrument approach procedure utilizing an instrument landing system (ILS), or a precision approach radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated by an FAA-approved airport layout plan; a military service approved military airport layout plan; any other FAA planning document, or military service airport planning document.

“Premises” means a lot and the structures located on the lot.

“Principal building” means a building in which is conducted the principal use of the building site on which it is situated.

“Private garage” means a structure for inside parking of motor vehicles (or storage of tools) used solely by the occupants of the principal building.

“Public uses” means public parks, schools, fire stations, police stations, libraries, museums, zoological gardens and parks, city and town halls, county courthouses, utility complexes, including, but not limited to, public land or buildings devoted solely to the storage and maintenance of equipment and materials, and public service facilities.

“Religious institution” means a church, synagogue, mosque, temple or building which is used primarily for religious worship of a supreme being or beings.

“Residence” and “residential” applies to a lot, a structure, or a portion of a structure which is used for any of the uses permitted in the residential districts.

“Right-of-way” means a strip of land occupied or intended to be occupied by transportation facilities, public utilities, or other special public uses. A right-of-way intended for any use involving maintenance by a public agency shall be dedicated to the public use by the maker of the plat on which the right-of-way is established.

“Roof mounted” means a solar energy system mounted on a rack that is fastened to or ballasted on the roof of a structure.

“Setback” means the minimum distance of open, unoccupied and unobstructed area between the street right-of-way, rear or side lot lines, and the front line, rear line, or side line of the building or any projection except as otherwise provided or permitted in this title.

“Sexual encounter center” means an enterprise that, as one of its business purposes, offers for any form of consideration:

(1) Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

(2) Activities between male and female persons and/or persons of the same sex where one or more persons appears in a state of nudity; or

(3) Where the activities in subsection (1) or (2) of this definition are characterized by an emphasis on activities which meet the definition of “harmful to minors” as set forth in IC 35-49-2-2 (as it may from time to time be amended) and/or “sexual conduct” as set forth in IC 35-42-4-4 (as it may from time to time be amended).

“Shared parking” means an off-street parking lot that provides parking spaces for two or more businesses to satisfy those businesses’ minimum parking requirements per City code.

“Site plan” means a map of a site showing lot dimensions, location and size of all buildings, setbacks, green space, ingress-egress, curb cuts, traffic flow plan, parking, or other improvements, whether existing or proposed.

“Small cell facility” means a short antenna and related equipment (as defined by IC 8-1-32.3) placed on a utility pole or other vertical asset providing a low powered wireless signal for cellular and data service in a small geographic coverage area. Multiple small cell facilities form a connected network.

“Solar array” means the group of solar panels (or collectors) that are part of a noncommercial solar energy system or a commercial solar generating facility.

“Solar carport” means a solar energy system that is installed on a carport structure covering a parking area.

“Solar collector” means the device (or solar panel) which provides the surface on which sunlight is “collected” for the purpose of transforming solar radiant energy into thermal, mechanical, chemical or electrical energy, but does not include the frames, supports, hardware or other components of a mounting structure.

“Solar energy system for on-site consumption” means a system that is not a standalone principal use, but is co-located with another use and is under the same ownership as the overall site; that has a solar array less than 10 acres in size; that converts sunlight into either electrical or thermal energy through the use of ground-, roof- or building-mounted solar arrays or individual collectors and related equipment (including battery storage); and that the energy generated is to be at least partially used on site to meet the energy needs of the principal use.

“Street” means a public way established by or maintained under public authority, or a right-of-way dedicated to public use, whether constructed or not.

“Structural alterations” means a change in the structural members of a building, such as walls, columns, beams, or girders.

“Structure” means anything constructed or erected on the ground, or attached to something with a fixed location on the ground, including, but not limited to, buildings, walls, signs, and pools.

“Thoroughfare plan” means the portion of the thoroughfare plan adopted by the Area Plan Commission for the development, improvement, or extension of streets and roads in Evansville and Vanderburgh County, which includes an official map indicating the general location for controlled access, major arterial, minor arterial, and collector streets and roads.

“Thoroughfare setback” means a minimum setback line established by the thoroughfare plan which defines the distance between a structure and the centerline of the street. Thoroughfare line includes both right-of-way line and building setback.

“Use” means the purpose for which land or a structure is designed, occupied, or maintained.

“Use or development commitment” means a written commitment which conforms with IC 36-7-4-613 concerning real estate which is the subject of a petition to amend zoning maps.

“Visual approach runway” means a runway intended solely for the operation of aircraft using visual approach procedures, with no straight-in instrument approach procedure and no instrument designation indicated on an FAA-approved airport layout plan, a military service approved military airport layout plan, or by any planning document submitted to the FAA by competent authority.

“Yard” means space on the same lot with a structure or use, open and unobstructed.

“Zoning” means an enactment by the legislative body of local governments, in which the community is divided into districts or zones in which permitted and special uses are established, as are regulations governing lot size, building bulk, placement, and other development standards. Requirements vary from district to district, but they must be uniform within districts. This title consists of two parts: a text and a map. [Ord. G-2023-20 § 1, passed 11-15-23; Ord. G-2023-14 § 1, passed 6-27-23; Ord. G-2023-8 § 1, passed 6-14-23; Ord. G-2022-5 § 1, passed 6-14-22; Ord. G-2019-8 § 1, passed 6-25-19; Ord. G-2018-19 §§ 1, 2, passed 9-11-18; Ord. G-2018-2 § 2, passed 1-24-18; Ord. G-2017-06 §§ 1, 2, passed 4-25-17; Ord. G-2011-8 § 1, passed 5-16-11; Ord. G-96-11, passed 8-19-96; Ord. G-93-34, passed 1-25-94; Ord. G-93-24, passed 12-14-93; Ord. G-89-17, passed 5-24-89; Ord. G-88-29, passed 11-23-88; Ord. G-88-3, passed 3-14-88; Ord. G-78-13, passed 5-4-78; Ord. G-76-10, passed 2-28-77. 1962 Code, Art. 9, Ch. 1, § 3; 1982 Code § 153.003; 1983 Code § 15.153.003.]

18.05.040 Private agreements or deeds.

This title establishes minimum requirements and does not abrogate private agreements or covenants between parties which impose stricter requirements. Where those agreements or deeds impose less strict requirements, however, this title controls. [Ord. G-89-17, passed 5-24-89; Ord. G-76-10, passed 2-28-77. 1962 Code, Art. 9, Ch. 3, § 14; 1982 Code § 153.004; 1983 Code § 15.153.004.]