Chapter 18.116
WEST FRANKLIN OVERLAY ZONE
Sections:
18.116.010 Purpose.
The purpose of the West Franklin overlay zone (“WFOZ”) is to facilitate investment involving improvements to land and structures within the district by offering more flexibility in uses allowed and relaxed parking standards that are consistent with the character of the West Franklin Street Corridor. The WFOZ overlays properties that are already classified into existing zoning districts. The intended result of the overlay is to establish a mixed-use area as recommended in the comprehensive plan, and to minimize the construction of new parking facilities, while still providing adequate parking that supports the desired diversity of uses, minimizes adverse impacts to adjoining residential parking, and encourages shared parking on available lots. The WFOZ establishes appropriate parking requirements in acknowledgment that the West Franklin Street Corridor is a densely developed commercial area in proximity to the Lamasco residential neighborhood. Business uses in similar urban settings typically generate somewhat lower demand for off-street parking than what is reflected in the general parking requirements for the City. [Ord. G-2018-2 § 1, passed 1-24-18.]
18.116.015 Location.
The WFOZ is established in the West Franklin Street Corridor business district as shown on the WFOZ map included at the end of this chapter, and on the official City of Evansville zoning map. [Ord. G-2018-2 § 1, passed 1-24-18.]
18.116.020 Applicability.
(A) The underlying zoning classification of the district remains unchanged. All zoning code requirements not mentioned herein as part of the WFOZ continue to apply along with all other requirements of the underlying zoning classification.
(B) The WFOZ shall apply to all permitted uses allowed in nonresidential zoning districts only. Uses permitted in residential zoning districts must comply with the underlying zoning requirements. [Ord. G-2018-2 § 1, passed 1-24-18.]
18.116.025 Approval criteria.
All new development and additions, expansions, modifications, or changes of use of existing structures within the WFOZ must meet the following requirements in order to be approved:
(A) Zoning District Requirements Specific to the WFOZ.
(1) The permitted uses in the C-4 zoning district are those listed in the underlying zoning plus the following additional uses:
(a) Single-unit residential (upper floors only); and
(b) Multifamily residential (upper floors only).
(2) Outdoor seating shall be allowed for restaurants and similar uses permitted in the C-1 and C-2 zoning districts.
(B) Off-Street Parking Requirements Within the WFOZ. For the uses allowed in nonresidential zoning districts, the minimum number of off-street parking spaces shall meet EMC 18.135.080, Amount of off-street parking, except when one or more parking credits are requested by the petitioner and are approved by the Director to reduce the required off-street parking by up to 35 percent pursuant to EMC 18.135.085.
(C) Off-Site Parking. In nonresidential zoning districts, off-street parking shall be located on the same lot as the principal use or, if the size or shape of the lot or the existence of a nonconforming building or use prevents providing the parking facilities on the lot, the owner may provide the facilities on an alternate lot within 750 feet when a parking lease agreement signed by the owner is filed for the alternate parking location with the Planning Department, and approval by the Director is obtained for the alternate parking and related submittals. [Ord. G-2025-27 § 1, passed 12-16-25; Ord. G-2018-2 § 1, passed 1-24-18.]
18.116.030 Excessive noise.
Commercial businesses within the WFOZ area defined in EMC 18.116.015 may not hold outdoor concerts or other entertainment which involve excessive noise. Excessive noise is defined as 75 decibels or greater as measured at the property line. Commercial activities must comply with all Federal, State, and local environmental laws including the City noise regulations in Chapter 9.30 EMC or other pertinent EMC provisions. The City Police Department is responsible for enforcement of these local noise regulations. The provisions of this section shall not apply to commercial activities or festivals occurring during the first full week of October. [Ord. G-2018-2 § 1, passed 1-24-18.]
