Chapter 17.16 SPECIFIC DISTRICT REQUIREMENTS

5. Use of the land will not create interference with the operations of radio or electronic facilities on the airport or with radio or electronic communications between the airport and aircraft, or 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, or otherwise endanger the landing, taking off, or maneuvering of aircraft.

(Prior code §153.040)

17.16.020 Agricultural district.

A. Uses in “A” District. A building or land may not be used, and a building may not be erected or altered, except for one or more of the following uses:

1. Use group 1;

2. Use group 2-subject to the restrictions provided in Section 17.16.040(A)(2);

3. Use group 17;

4. Use group 18;

5. Use group 19 (if approved as a special use);

6. Special uses; and

7. Accessory uses to any of the above.

B. The uses permitted in “A” are subject to the following requirements:

1. Maximum height and lot coverage and minimum lot size, width, and yard as shown in Table A;

2. Parking restrictions as provided in Chapter 17.24;

3. Restrictions on signs and off-premises advertising;

4. Minimum floor area for dwellings as shown in Section 17.12.020;

5. Uses in use group 18 and 19 may not be within five hundred (500) feet of a residential district or a residence. This subsection shall not apply to those uses listed in Use Group 18 and 19 which are lawful existing and/or previous uses as of the effective date of this ordinance.

(Ord. 04-17-006 § 3, Amended, 04/04/2017; prior code § 153.041)

17.16.030 Conservancy district.

A. For the purpose of this section, the term “conservancy district” means a conservancy district established pursuant to IC 13-3-3-1 et seq., as it may from time to time be amended.

B. Uses in “CON” District. A building or land may not be used, and a building may not be erected or altered, except for one or more of the following uses:

1. Use group 17;

2. Use group 18;

3. Special uses; and

4. Accessory uses to any of the above.

C. The uses permitted in “CON” are subject to the following requirements:

1. Maximum height and lot coverage and minimum lot size, width, and yard as shown in Table A;

2. Parking restrictions as provided in Chapter 17.24;

3. Restrictions on signs and off-premises advertising;

4. Minimum floor area for dwellings as shown in Section 17.12.020; and

5. Uses in use group 18 and 19 may not be within five hundred (500) feet of a residential district or a residence. (Prior code § 153.042)

17.16.040 Residential-1 district.

A. Uses in “R-1” District. A building or land may not be used, and a building may not be erected or altered, except for one or more of the following uses:

1. Use group 1;

2. Use group 2 as accessory uses subject to the following restrictions:

a. The home occupation must be conducted entirely within the dwelling by a person who is a resident member of the family residing on the premises, and with no additional employees,

b. The floor area devoted to the use may not exceed twenty-five (25) percent of the floor area of the dwelling,

c. An outside entrance may not be provided solely for the home occupation,

d. A display of goods or services relating to the home occupation may not be visible from the exterior of the building,

e. Maximum two square-foot sign which denotes name and title of resident(s) only, such sign must be flush-mounted on the residence,

f. An occupancy permit must be issued by the plan commission for each home occupation;

3. Special uses; and

4. Accessory uses to any of the above.

B. The uses permitted in R-1 are subject to the following requirements:

1. Maximum height and lot coverage and minimum lot size, width, and yard as shown in Table A;

2. Parking restrictions as provided in Chapter 17.24;

3. Restrictions on signs and off-premises advertising;

4. Minimum floor area for dwellings as shown in Section 17.12.020.

(Prior code § 153.043)

17.16.050 Residential-2 district.

A. Uses in “R-2” District. A building or land may not be used, and a building may not be erected or altered, except for one or more of the following uses:

1. Use group 1;

2. Use group 2 as accessory uses subject to the same restrictions as shown in Section 17.16.040(A) (2);

3. Use group 3;

4. Special uses; and

5. Accessory uses to any of the above.

B. The uses permitted in R-2 are subject to the following requirements:

1. Maximum height and lot coverage and minimum lot size, width, and yard as shown in Table A;

2. Parking restrictions as provided in Chapter 17.24;

3. Restrictions on signs and off-premises advertising; and

4. Minimum floor area for dwellings as shown in Section 17.12.020.

(Prior code § 153.044)

17.16.060 Residential-3 district.

A. Uses in “R-3” District. A building or land may not be used, and a building may not be erected or altered, except for one or more of the following uses:

1. Use group 1;

2. Use group 2 as accessory uses subject to the same restrictions as shown in Section 17.16.040(A) (2);

3. Use group 3;

4. Use group 4;

5. Special uses; and

6. Accessory uses to any of the above.

B. The uses permitted in R-3 are subject to the following requirements:

1. Maximum height and lot coverage and minimum lot size, width, and yard as shown in Table A;

2. Parking restrictions as provided in Chapter 17.24;

3. Restrictions on signs and off-premises advertising;

4. Minimum floor area for dwellings as shown in Section 17.12.020.

(Ord. dated 2/22/94 § 1(b); prior code § 153.045)

17.16.070 Residential-4 district.

A. Uses in “R-4” District. A building or land may not be used, and a building may not be erected or altered, except for one or more of the following uses:

1. Use group 1;

2. Use group 2 as accessory uses subject to the same restrictions as shown in Section 17.16.040(A) (2);

3. Use group 3;

4. Use group 4;

5. Use group 6;

6. Special uses; and

7. Accessory uses to any of the above.

B. The uses permitted in R-4 are subject to the following requirements:

1. Maximum height and lot coverage and minimum lot size, width, and yard as shown in Table A;

2. Parking restrictions as provided in Chapter 17.24;

3. Restrictions on signs and off-premises advertising; and

4. Minimum floor area for dwellings as shown in Section 17.12.020.

(Ord. dated 2/22/94 § 1(c); prior code § 153.046)

17.16.080 Residential-5 district.

A. Uses in “R-5” District. A building or land may not be used, and a building may not be erected or altered, except for one or more of the following uses:

1. Use group 1;

2. Use group 2 as accessory uses subject to the same restrictions as shown in Section 17.16.040(A) (2);

3. Use group 3;

4. Use group 4;

5. Use group 6;

6. Special uses; and

7. Accessory uses to any of the above.

B. The uses permitted in R-5 are subject to the following requirements:

1. Maximum height and lot coverage and minimum lot size, width, and yard as shown in Table A;

2. Parking restrictions as provided in Chapter 17.24;

3. Restrictions on signs and off-premises advertising;

4. Minimum floor area for dwellings as shown in Section 17.12.020.

(Prior code § 153.047)

17.16.090 Commercial office-1 (CO-1) district.

A. Uses in “CO-1” District. A building or land may not be used, and a building may not be erected or altered, except for one or more of the following uses:

1. Use group 1;

2. Use group 3;

3. Use group 4;

4. Use group 5;

5. Use group 6;

6. Use group 20;

7. Special uses; and

8. Accessory uses to any of the above.

B. The uses permitted in CO-1 are subject to the following requirements:

1. Maximum height and lot coverage and minimum lot size, width, and yard as shown in Table A;

2. Parking restrictions as provided in Chapter 17.24;

3. Restrictions on signs and off-premises advertising;

4. Minimum floor area for dwellings as shown in Section 17.12.020; and

5. Office buildings limited to maximum floor area of three thousand (3,000) square feet.

(Ord. dated 2/22/94 § 1(d); prior code § 153.048)

17.16.100 Commercial office-2 (CO-2) district.

A. Uses in “CO-2” District. A building or land may not be used, and a building may not be erected or altered, except for one or more of the following uses:

1. Use group 1;

2. Use group 3;

3. Use group 4;

4. Use group 5;

5. Use group 6;

6. Use group 20;

7. Special uses; and

8. Accessory uses to any of the above.

B. The uses permitted in CO-2 are subject to the following requirements:

1. Maximum height and lot coverage and minimum lot size, width, and yard as shown in Table A;

2. Parking restrictions as provided in Chapter 17.24;

3. Restrictions on signs and off-premises advertising; and

4. Minimum floor area for dwellings as shown in Section 17.12.020.

(Ord. dated 2/22/94 § 1(e); prior code § 153.049)

17.16.110 Neighborhood commercial (C-1) district.

A. Uses in “C-1” District. A building or land may not be used, and a building may not be erected or altered, except for one or more of the following uses:

1. Use group 4;

2. Use group 5;

3. Use group 6;

4. Use group 7;

5. Use group 20;

6. Special uses; and

7. Accessory uses to any of the above.

B. The uses permitted in C-1 are subject to the following requirements:

1. Maximum height and lot coverage and minimum lot size, width, and yard as shown in Table A;

2. Parking restrictions as provided in Chapter 17.24;

3. Restrictions on signs and off-premises advertising;

4. Minimum floor area for dwellings as shown in Section 17.12.020; and

5. The sale, display, preparation, or storage of materials must be conducted entirely within a completely enclosed building.

(Ord. dated 2/22/94 § 1(f); prior code § 153.050)

17.16.120 Community commercial (C-2) district.

A. Uses in “C-2” District. A building or land may not be used, and a building may not be erected or altered, except for one or more of the following uses:

1. Use group 4;

2. Use group 5;

3. Use group 6;

4. Use group 7;

5. Use group 8;

6. Special uses; and

7. Accessory uses to any of the above.

B. The uses permitted in C-2 as subject to the following requirements:

1. Maximum height and lot coverage and minimum lot size, width, and yard as shown in Table A;

2. Parking restriction as provided in Chapter 17.24;

3. Restrictions on signs and off-premises advertising;

4. Minimum floor area for dwellings as shown in Section 17.12.020; and

5. The sale, display, preparation, or storage of materials must be conducted entirely within a completely enclosed building.

(Prior code § 153.051)

17.16.130 General commercial (C-4) district.

A. Uses in “C-4” District. A building or land may not be used, and a building may not be erected or altered, except for one or more of the following uses:

1. Use group 5;

2. Use group 7;

3. Use group 8;

4. Use group 9;

5. Use group 10;

6. Use group 11;

7. Use group 19 if approved as SU No. 25;

8. Use Group 21 subject to the provisions of 17.20.240;

9. Special uses; and

10. Accessory uses to any of the above.

B. The uses permitted in C-4 are subject to the following requirements:

1. Maximum height and lot coverage and minimum lot size, width, and yard as shown in Table A;

2. Parking restrictions as provided in Chapter 17.24;

3. Restrictions on signs and off-premises advertising; and

4. The sale, display, preparation, or storage of materials must be conducted entirely within a completely enclosed building except for uses listed in use group 11.

(Added (A) (8), 7/15/2008)(Ord. dated 2/22/94 § 1(g); prior code § 153.052)

17.16.140 Waterfront recreational/ residential (W-R) district.

A. Uses in “W-R” District. A building or land may not be used, and a building may not be erected or altered, except for one or more of the following uses:

1. Use group 1;

2. Use group 3;

3. Use group 4;

4. Use group 12;

5. Use group 19 if approved as SU No. 25;

6. Use group 20;

7. Special uses; and

8. Accessory uses to any of the above, including one dwelling unit.

B. The uses permitted in W-R are subject to the following requirements:

1. Maximum height and lot coverage and minimum lot size, width, and yard as shown in Table A;

2. Parking restrictions as provided in Chapter 17.24; and

3. Restrictions on signs and off-premises advertising.

(Ord. dated 2/22/94 § 1(h); prior code § 153.053)

17.16.150 Waterfront industrial (W-I) district.

A. Uses in “W-I” District. A building or land may not be used, and a building may not be erected or altered, except for one or more of the following uses:

1. Use group 10;

2. Use group 11;

3. Use group 13;

4. Use group 14;

5. Use group 15;

6. Use group 16;

7. Special uses; and

8. Accessory uses to any of the above.

B. The uses permitted in W-I are subject to the following requirements:

1. Maximum height and lot coverage and minimum lot size, width, and yard as shown in Table A;

2. Parking restrictions as provided in Chapter 17.24; and

3. Restrictions on signs and off-premises advertising.

(Prior code § 153.054)

17.16.160 Light industrial (M-1) district.

A. Uses in “M-1” District. A building or land may not be used, and a building may not be erected or altered, except for one or more of the following uses:

1. Use group 5;

2. Use group 7;

3. Use group 8;

4. Use group 9;

5. Use group 10;

6. Use group 11;

7. Use group 14;

8. Use group 19 if approved as SU No. 25;

9. Use group 21 subject to the provisions of 17.20.240;

10. Special uses; and

11. Accessory uses to any of the above.

B. Use group 14 (industrial) and use group 19 uses permitted in M-1 are subject to the following requirements:

1. Maximum height and lot coverage and minimum lot size, width, and yard as shown in Table A;

2. Parking restrictions as provided in Chapter 17.24; and

3. Restrictions on signs and off-premises advertising.

C. Use group 5, 7, 8, 9, 10 and 11 (commercial) uses permitted in the M-1 district are restricted to the height and lot coverage requirements of the C-4 district.

(Added (A) (9), 7/15/2008) (Prior code § 153.055)

17.16.170 General industrial (M-2) district.

A. Uses in “M-2” District. A building or land may not be used, and a building may not be erected or altered, except for one or more of the following uses:

1. Use group 7;

2. Use group 8;

3. Use group 9;

4. Use group 10;

5. Use group 11;

6. Use group 13;

7. Use group 14;

8. Use group 15;

9. Use group 19 if approved as SU No. 25;

10. Use group 21 subject to provisions 17.20.240;

11. Special uses; and

12. Accessory uses to any of the above.

B. Use groups 13, 14, 15 (industrial) and use group 19 uses permitted in M-2 are subject to the following requirements:

1. Maximum height and lot coverage and minimum lot size, width, and yard as shown in Table A;

2. Parking restrictions as provided in Chapter 17.24; and

3. Restrictions on signs and off-premises advertising.

C. Use group 7, 8, 9, 10 and 11 (commercial) uses permitted in the M-2 district are restricted to the height and lot coverage requirements of the C-4 district.

(Added (A) (10), 7/15/2008)(Prior code § 153.056)

17.16.180 Industrial (M-3) district.

A. Uses in “M-3” District. A building or land may not be used, and a building may not be erected or altered, except for one or more of the following uses:

1. Use group 10;

2. Use group 11;

3. Use group 13;

4. Use group 14;

5. Use group 15;

6. Use group 16;

7. Use group 21 subject to provisions of 17.20.240;

8. Special uses; and

9. Accessory uses to any of the above.

B. Use groups 13, 14, 15, and 16 uses permitted in M-3 are subject to the following requirements:

1. Maximum height and lot coverage and minimum lot size, width, and yard as shown in Table A;

2. Parking restrictions as provided in Chapter 17.24; and

3. Restrictions on signs and off-premises advertising.

C. Use group 10 and 11 (commercial) uses permitted in the M-3 district are restricted to the height and lot coverage requirements of the C-4 district.

(Added (A) (7), 7/15/2008)(Prior code § 153.057)

17.16.190 Floodway (F-1) district.

A. Uses in “F-1” District Without a Permit. A building or land may be used, and a building may be erected or altered in an F-1 district for one or more of the following uses if a permit is not required by the State Natural Resources Commission:

1. Agricultural uses, including crop production, pastures, orchards, nurseries, and vineyards;

2. Forestry, wildlife areas, and nature preserves;

3. Parks; and

4. Recreational areas, including golf courses and driving ranges.

B. Uses in F-1 With a Permit. A structure or land may be used, and a structure may be erected or altered for one or more of the following uses if a permit has been granted by the Natural Resources Commission as provided in IC 13-2-22-1 et seq.

1. Water management and use facilities, including dams, docks, dolphins, channel improvements, dikes, jetties, marinas, piers, wharves, levees, seawalls, floodwalls and irrigation facilities;

2. Transportation facilities, including streets, bridges, roadways, fords, airports, pipelines, railroads, and utility transmission facilities;

3. Temporary or seasonal occupancy uses including circus sites, fair sites, carnival sites, boat ramps, camps, roadside stands, and transient amusement facility sites;

4. Water-related urban uses, including waste-water treatment facilities, storm sewers, sanitary sewers if inlets are protected from the one hundred (100) year flood levels, electric generating and transmission facilities, and water treatment facilities; and

5. Flood-tolerant or open space urban uses, including floodproofed industrial and commercial buildings, racetracks, tennis courts, park buildings, outdoor theaters, fills, truck freight terminals, radio or television towers, parking lots and mineral extractions.

C. The uses in the F-1 district are subject to the following requirements:

1. Maximum height and lot coverage and minimum lot size, width, and yard as shown in Table A;

2. Parking restrictions as provided in Sections 17.24.010 through 17.24.100;

3. Restrictions on signs and off-premises advertising;

4. Requirements of IC 13-2-11-1 et seq.; and

5. Any requirements or restrictions imposed by the Natural Resources Commission under IC 13-2-22.5-2 of any requirements imposed by the area plan commission under authority of IC 13-2-22-1 et seq.

D. Nonconforming Uses in F-1 Districts. A nonconforming use of a building or land lawfully existing on the effective date of the ordinance codified in this title may be continued and the structure or land maintained subject to the following restrictions:

1. A nonconforming use may not be enlarged unless a permit for construction has been obtained from the Natural Resources Commission;

2. If the market value of a nonconforming structure is reduced by forty (40) percent or more by damage from fire, explosion, flood, riot, or any natural cause, it may be restored only for use designated in this title or a use approved by the issuance of a permit by the State Natural Resources Commission or the area plan commission;

3. If a nonconforming use is discontinued for one year or more, future use must conform to this title.

E. Board of Zoning Appeals Variance in F-1 District. The board of zoning appeals may not issue a variance from the requirements set by this title or from the requirements set by the State Natural Resources Commission or the area plan commission unless a permit for the construction of the variance has been obtained from the Natural Resources Commission, or the requirement of the Natural Resources Commission has been waived by the Natural Resources Commission.

F. Floodway Fringe Areas. In those areas determined by the building commission of Evansville and Vanderburgh County to be designated by the State Natural Resources Commission as floodway fringe areas, a building may not be constructed unless it has a flood protection grade at least two feet above the regulatory flood profile established by the Natural Resources Commission.

(Prior code § 153.058)