Diagnosis Report
Evansville-Vanderburgh County Unified Development Code
January 2020
Introduction
The City of Evansville and Vanderburgh County began the process to update their existing Zoning Ordinances and Subdivision Regulations in May of 2019. The Evansville-Vanderburgh County Area Plan Commission (APC) hired the team of Rundell Ernstberger Associates (REA), Orion Planning + Design (OPD), and John Molitor, Attorney at Law, to assist the City and County in development of a new Unified Development Ordinance (UDO). The process is being branded the CommUnity 2020 Unified Development Ordinance.
The City and County currently each have their own zoning and subdivision ordinance documents. The last major update of the current zoning codes occurred in 1962. The subdivision ordinances have not been substantially updated since 1984. These ordinances are implemented through the joint Area Plan Commission and the staff in the Area Plan office.
Over the years, Evansville and Vanderburgh County’s development patterns have changed. Additionally, there have been several national trends that have affected the way that communities like Evansville and Vanderburgh County address land use and development within the respective ordinances. Some changes include: shifting demographics; the shrinkage of middle housing types; increased options in transportation; an emphasis on creating authentic places; changes in communications; and technological advances. Increasingly, communities around the Country are responding and adapting to these changing conditions.
A Unified Development Ordinance
(UDO) is a legal document that combines the traditional zoning ordinance and subdivision regulations, along with other desired regulations such as development and environmental standards, design guidelines, and sign regulations into one comprehensive document.
In order to bring the ordinances up to date so they are consistent with today’s planning practices while allowing for development flexibility and creativity, the City and County will update the Zoning Ordinance and Subdivision Control Ordinance and combine them into a UDO. A UDO is a legal document that combines the traditional zoning ordinance and subdivision regulations, along with other desired regulations such as development and environmental standards, design guidelines, and sign regulations into one comprehensive document. The new UDO will govern land use, the subdivision of land, and development patterns in Evansville and Vanderburgh County. This Ordinance will remove out-of-date regulations, provide new processes, and incorporate flexibility provisions to allow and encourage more creative and appropriate development. The new UDO will contain many tables and graphics so that is easier to use and understand. It will also simplify the procedures by which a developer, resident, or business owner navigates the regulations and approval process within a user-friendly format.
Goals for the UDO
At the beginning of the process, the Area Plan Commission established goals for the outcome of the UDO, as stated below:
1. Streamline and simplify the Ordinance. A well-organized Ordinance will increase predictability, flexibility, and clarity for any type of development.
2. Ensure consistency across the Ordinance. The CommUnity 2020 UDO process is an opportunity to ensure there is no outdated, unclear, or duplicative language in the Ordinance.
3. Create a legally sound Ordinance. A UDO that implements the policy and vision of the various community plans and upholds state and federal laws.
4. Introduce visuals to provide clarity. Adding tables and graphics will make the UDO a more understandable document for all.
5. Align the Ordinance with the 2015-2035 Comprehensive Plan. This process will help ensure that growth occurs in a manner that supports and reinforces the qualities important to City and County residents. These qualities include employment and housing opportunities, safety and security, quality schools, neighborhoods with a strong sense of community, and a clean environment.
What is a Zoning Ordinance?
Zoning is a regulatory tool that addresses the type, density, manner, and location of development and use of land and structures. These elements are regulated through the establishment of various zoning districts and may vary by use. Some aspects of zoning have existed in the United States since the late 1800s. Los Angeles adopted a citywide code in 1909, New York in 1916, and many other cities and counties following the Standard State Zoning Enabling Act, a model law created by the U.S. Department of Commerce in 1922. The first City of Evansville Zoning Ordinance was adopted in 1925.
Zoning and subdivision regulations are two of the most important plan implementation tools. The difference between zoning and plans is that zoning is law and plans are guiding policies. Zoning typically has a much shorter horizon than plans and normally should be updated on a regular basis with a comprehensive review and adjustment through one or more amendments.
The comprehensive plan is the overarching policy document for a jurisdiction that establishes a vision for future growth and development. A future land use or plan area map is often used to illustrate the desired land use pattern, and the text in the document describes the character of the land use, how it should be developed, the land development policies, the resources, infrastructure and amenities needed to support or develop the land use, and the responsibility of the jurisdiction, property owner, developer, and other entities. It also addresses community facilities and services, schools, and additional elements important to the overall growth and development of the jurisdiction.
The zoning ordinance is the legal document that implements the policy expressed in the comprehensive plan and other plans a jurisdiction may adopt. Regulations within each zoning district take their cues from the information on the land use map and other details within the comprehensive plan. As updates are made to the comprehensive plan, zoning should be reviewed to make certain it remains consistent with the plan vision and successfully implements plan directives.
Evansville Zoning Ordinance Contents
Vanderburgh County Zoning Ordinance Contents
What is a Subdivision Control Ordinance?
Subdivision regulations are another important plan implementation tool. The subdivision control ordinance contains regulations governing how property is split apart or assembled and ensures that there are adequate facilities such as parks, streets, utilities, drainage and other infrastructure to support development on the lots of a subdivision. Along with zoning, it helps a jurisdiction ensure that growth doesn’t outpace infrastructure, that it occurs in a way that is fiscally responsible for public investment, and that growth supports overall infrastructure investments such as water, sewer, and mobility expansions which help maintain reasonable utility rates and taxes. It contains regulations governing the drawing and recording of plats and requirements for public improvements necessary to make property suitable for development in a subdivision. Some of these standards include street and lot layout, necessary utilities, open space, and other infrastructure that the government would become responsible for maintaining after it is constructed.
Subdivisions are created through a process that involves dividing a large property of land into smaller lots. There are generally two types of subdivisions, major and minor subdivisions. While this definition is up to each individual community, a minor subdivision of land usually has a maximum number of lots and does not necessitate the construction or installation of new infrastructure. These can also be called “a simple subdivision of land.” For example, a minor subdivision in Vanderburgh County is defined as “a subdivision containing not more than two lots fronting on, or having access to, an existing street, not including creating any new street or road, or the extension of municipal facilities, or the creation of any public improvements, and not adversely affecting the remainder of the parcel for adjoining property, and not in conflict with any provision or portion of the comprehensive plan, thoroughfare plan, zoning ordinance, or these regulations.” A major subdivision is anything that doesn’t meet the definition of a minor subdivision.
The Subdivision Ordinance regulates how lots are created for commercial, industrial and residential development such as the Melody Hill Neighborhood shown above.
Community Input
Task Force, Elected Officials, and Focus Group Summary
Several input and engagement opportunities occurred at the start of the UDO process. A Task Force was created to oversee the process and provide both input and feedback to the consulting team and APC staff developing the UDO. The team interviewed a variety of stakeholders and elected and appointed officials through focus group meetings to obtain input on issues and needs of residents, businesses, and developers. The goal was to gain insight from different viewpoints using the existing ordinances, how well they achieve the desired outcome, and how best to serve the community. Bullet points of Task Force, Elected/ Appointed officials, and Focus Group meetings have been summarized below and grouped into major categories.
General Critique
• There are too many variance requests, indicating that components of the ordinance are not serving the community properly.
• The ordinances should not be intimidating. Developers and property owners should have a member of the APC able to guide them through any application process.
• Concerns exist that new recommendations for the ordinance will increase home and building costs.
• There is poor enforcement of current ordinances.
• The Comprehensive Plan recommends the restriction of greenfield development; however, nothing in the ordinance prohibits or limits it.
Most of these variance requests revolve around accessory structures (height limit and location to primary residence), parking (reduction of the parking spots or leaving a gravel lot instead of paving it), construction, signage (all changes), and adjusting the setback/area of greenspace
• There is a high demand for industrial growth, and Evansville/Vanderburgh County cannot keep up with the demand.
• The cost for development is higher in Evansville than other nearby communities.
• Water and sewer grease trap requirements are excessive and not always appropriately scaled for a project, which can hinder development.
• Large areas of residentially used land are zoned industrial from post WWII zoning applications. Residents have difficulty rezoning their property to residential due to costs.
• Unique or out-of-the-box solutions to developments are often not approved because they are not a usual approach or explicitly permitted in the ordinance.
• There are concerns with the level of customer service for some City and County departments involved in the development review process.
• Subdivisions should adhere to the current standards and not change after development begins.
Project Management
Public Input
Project Task Force
Kick Off
Comprehensive Plan Review
Ordinance Review
Issues/Needs
Identification
Summary chart of the UDO creation process.
Process
• Zoning decisions appear to be arbitrary and based on emotions rather than technical requirements.
• The zoning ordinance should be less subjective and contain clearer standards.
• Current standards do not represent today’s building patterns and most residential districts support only suburban-style development patterns.
• Most districts do not support increased density.
• The subdivision process is and should remain a technical review and approval process.
• Time is a precious commodity and the overall approval process should be shortened.
• The process can become time consuming and some of it is antiquated, bureaucratic, and cumbersome.
• The process is full of hurdles. Applicants should be made aware of the full process, and assistance should be provided.
• A simple change in ownership requires a site plan review and change in occupancy permit for commercial and industrial uses.
• It appears that emotions or individual complaints can sway the votes of elected/ appointed boards even if the proposed plan meets the requirements of the ordinance.
• Approvals should be consistent and follow consistent rules.
• The approval process for Planned Unit Developments (PUDs) and subdivision plats should not require the exact building footprint to be binding.
• The zoning approvals process needs to be separated from the certificate of occupancy process.
• Need clear direction on what constitutes a major change versus a minor change of a PUD.
• Violation and enforcement processes need to be enhanced and clarified
Site Plan Review
• This process was established to save time and avoid multiple meetings with various City/ County departments. Various issues arise which slow the process down and force the applicant to meet individually with departments after the Site Plan Review Committee Meeting. Individual departments may hold up approval, consuming the time and money of the applicant. Some potential reasons for this include:
◦ Departments do not always have enough time to review plans submitted prior to the meeting (plans can be turned in the Friday before a Monday meeting).
◦ Departments do not always send the appropriate individual to the meeting who can make decisions.
◦ Departments do not distribute materials in a timely manner or realize they received submissions.
◦ Some departments may not offer comments at the meeting. Some applicants interpret this as an approval and try to obtain a building permit only to find changes are needed to the plans.
• Some applicants go the extra mile and email a digital copy in addition to the physical submission packets.
• Some departments are not consistent in reviews and comments.
• Plat and subdivision reviews should be directly related to whether they meet the requirements of the subdivision control ordinance; if they do, they should be approved. This should not be a subjective process.
Accessory Structures
• Regulations are needed to manage the use, scale, and design of accessory structures to be more compatible and appropriate for the area they are located within.
• Accessory dwelling units should be permitted in some or all single-family districts as outright permitted or as a conditional use.
• Accessory structures should be permitted on adjacent lots to the primary structure if both are owned and occupied by a single owner, but accessory structures should not be permitted without a primary structure on the other lot.
Agriculture
• Residents who locate near farmland often complain about nuisances associated with the agricultural use such as dust, odor, etc.
• References related to the right to farm in State law should be noted in the ordinance.
• Annexation of farmland into the City forces them to cease any animal or animal product production because they cannot purchase new animals under the Ordinance.
• Some special uses should be outright permitted.
• The process to approve certain uses (e.g. agribusinesses, agritourism) on agricultural properties should be made easier or the uses outright permitted because they can offer supplemental income when production is down.
• Current confined feeding operation regulations work well in the County.
Design Standards
• This process should be used to evaluate whether building materials and other design standards should be regulated.
• The Downtown Redevelopment Area is outdated.
• Sidewalk standards are unique and differ in the downtown from the rest of the City.
• Current standards do not require open space.
• Connectivity within residential neighborhoods needs to be improved; however, residents want to live on a slow, quiet street and have no traffic so they advocate for cul-de-sacs instead of grid streets.
• The design manual for roadway construction should be cross-referenced in the ordinance.
• Sidewalk and road expansion projects are not always appropriate in the County.
Drainage & Flooding
• New development can alter the floodway or drainage patterns and impact nearby property owners. New development should not create additional runoff or impact landowners in the watershed.
• Floodplain maps are not verified effectively in the County. Some farmers’ agriculture land is considered floodplain when it is not.
• Wetlands and natural areas, which help to manage stormwater, are not being preserved. The County and City should be more diligent in monitoring the preservation of these resources.
• Drainage standards seem onerous compared to surrounding communities.
• Flood hazard areas should be reflected on plats or at a minimum included as part of the application submittal to better mitigate potential impacts to roadways and other infrastructure.
Reference to the state right to farm law should be noted in the Ordinance.
New development should protect the existing floodway and floodway fringe to prevent drainage issues from occuring.
Housing
• There should be more regulations to encourage quality, affordable housing projects.
• Affordable housing is something Evansville lacks.
• Current zoning standards have resulted in limited housing types beyond single-family, duplex, apartments.
• Residential districts should be reworked, or new ones should be added.
• A variety of housing typologies should be supported to encourage density in key areas and allow for more interesting housing solutions.
• Explore potential standards for tiny home developments.
• Student housing has become a nuisance in some neighborhoods. Limit the ability of landlords to rent to multiple students in predominantly single-family neighborhoods.
• Group homes can be a nuisance in some neighborhoods if not properly managed. This use should have special conditions to prevent a home from being unsupervised.
Infill Standards
• Infill standards are needed in Evansville, especially in historic districts like West Franklin and Haynie’s Corner.
• Setback requirements for many districts reduce infill potential or viability.
• Combining lots owned by the same individual should be simpler.
• Infill design standards should encourage development to be historically or culturally sensitive.
• Developers are having difficulty securing loans because they can’t prove they can make a profit on infill development.
Lot Standards
• The required percentages for maximum lot coverage seem arbitrary and overly restrictive.
• Need to clearly define what counts towards lot coverage (i.e. decks, sidewalks, pools, etc.)
• In some districts, the “front” of the building for corner lots is considered the shortest side. This causes inconsistencies with surrounding development patterns.
• For residential zones, smaller lots (under 3,500 square feet), should be permitted to have greater heights (i.e. 3 stories)
There should be more regulations to encourage quality, affordable housing projects within the City and County.
Infill standards should encourage development to be historically or culturally sensitive to the surrounding context.
Mixed-Use
• Securing approval for vertical mixed use (a mixture of uses in one building) is difficult, even for a historical building which was likely mixed use when built.
• Urban mixed use doesn’t seem like it’s encouraged.
• Current regulations for mixed use development should be revised to promote flexibility and a wide range of permitted uses within the structure.
• Mixed use should either become its own district or be explicitly permitted in multiple districts.
Nonconformance
• Lots that are nonconforming restrict landowners from altering their lot or structure.
• The zoning regulations require a minimum lot size for development. If the lot meets that standard, and the roadway is widened, the lot is reduced in area and dimension and the property may become nonconforming, creating a hardship for future development for the property owner.
Parking
• Shared parking standards should be implemented for the entire City/County.
• Current parking requirements are too high.
• Major projects can be stalled or never come to fruition because of parking constraints.
• Overlay zones hold some potential solutions for parking but do not apply to the entire community.
• Permitting parking on one side of a street creates difficulties because no one stays to one side and creates narrow drive aisles impeding traffic flow.
• Residents near urban commercial centers have parking overflowing into their neighborhoods. Permit Parking could be considered to alleviate some of these concerns.
• Increased signage and enforcement of large vehicles is needed on residential streets.
• Address abundance of gravel parking lots.
• Need standardized language for shared parking agreements.
• Address issues with parking/storage of recreational vehicles and boats on residential properties.
Shared parking standards should be implemented across the City and County to reduce the total number of parking spaces that are required.
Renewable Energy Production
• There is a lack of standards for solar and wind energy systems, both large and small scale.
• Some large property owners are concerned their land could be taken through eminent domain for renewable energy production in the future.
Setbacks & Right-of-way
• The City and County require a specified rightof-way for roadways and utility companies wish to place their utilities in separate rights-of-way or create an easement within a property’s setbacks that is protected, which limits the building area on a property. Utilities should generally be co-located and within the public right-of-way.
• Some setbacks are too small to fit all the easements which then require them to dig up existing right-of-way for utility placement or repair.
• A variety of setbacks should be permitted depending on the context (County vs. City).
• Minimum rights-of-way on some thoroughfares should be reviewed to determine if decreasing the right-of-way width is feasible.
• County roads are too narrow for large farming equipment to travel on them along with regular traffic.
• Thoroughfare setback language needs to be updated and standardized. This should be based on street category or functional classification, not a list of street names.
The existing Zoning Ordinances do not specify standards relating to renewable energy, large or small scale.
Signs
• The sign ordinance should be updated to meet new federal standards.
• Electronic signage is controversial in historic districts and could potentially be conditionally approved. Competition between local businesses might create a stronger desire for this type of signage.
• The sign ordinance should be adaptable as technology and new signage types are developed.
• Applicants are required to pay a full application fee for each sign face change. This could be construed as regulating content. This discourages businesses from updating signage and improving their property.
• Sign types should be permitted based on the district they are in and not require additional approval processes.
• Gas station canopies are treated as four separate signs and require variances for each side because they are so large and counted as separate faces. This practice should be mitigated in some way by only counting areas with logos and text and the sign area.
• Flag, banner, and other temporary signs are cumbersome to administer because they are often changed regularly throughout the year. By ordinance, temporary signs are only allowed to be changed once a year. This requires a variance for each additional change of the banner. Alternatives to this process should be explored.
• Heat-applied vinyl signs are not easily regulated. Many officials do not know how to classify them.
• Historic sign types should be considered as a potential exception to some sign standards.
• Sign standards need to be regulated by signage type rather than a simple number and size of signs. This is creating several variance requests.
Suggestions
• There needs to be an electronic submission program for all documents. This system could email the appropriate departments or site review committee members.
• Consider using a Plat Committee as an alternative process to review plat submissions. Secondary plats would be approved administratively.
• Broader use groups that have similar impacts should be used in place of lists of very detailed uses (i.e. retail in place of dress shop, flower shop, jewelry store, candy store, etc.)
• Special uses create unnecessary processes (e.g. churches) and should be converted to a conditional use system. Some of the special uses should be permitted outright in certain districts.
• Impose time limits on other departments to submit comments or they will not be considered, or the project is approved as is.
• Consider form-based codes for some areas within the City. Some overlay zones already contain regulations that could be used.
• Consider if it would be beneficial for developments to have utility easements built into the setback requirements.
• The APC should provide or require a preapplication meeting with the developer or landowner to establish the course of action applicants will have to take to accomplish their project and what hurdles may arise, so they can prepare for them.
• Processes for completing anything within the City and County should be transparent and available online or at each office.
• The ordinance should have flexibility built into it to allow for creative solutions. Empower the staff with administrative approvals processes.
• Outdoor seating should be permitted in any commercial district.
• The Zoning Map should clearly denote special districts or overlay zones. The GIS system could even contain a copy of important documents such as variances or permits.
Public Meeting Summary
Two public meetings were held early in the process to present an overview of the project and gather public opinion about the issues and concerns of development in the community. The following is a summary of the input received from those meetings.
Throughout the public meetings, multiple concerns were brought up involving the current ordinances in the City and County. Many felt that subdivisions played a large role in the way development occurs within the County and should be the focus when addressing the diagnosis of the ordinances and creation of the UDO.
Attendees indicated during the development stages of subdivisions, plans change, and standards might not always be met. Residents are concerned that developers do not always take the surrounding context of the area into consideration. For example, stormwater runoff and drainage issues should be addressed because they are not limited to just property lines. Developers should work to mitigate any impacts on neighboring properties. This not only is an issue for new housing development but also for industrial uses.
Participants also expressed a desire to have a more walkable community and think all neighborhoods should have sidewalks for connectivity and pedestrian safety. Additionally, traffic studies should be completed to understand the effects of traffic on roadways and any improvements that are needed to mitigate the increase in traffic, especially regarding heavy trucks.
Attendees wanted to see the preservation of older neighborhoods as well. This should be manifested in the form of infill development rather than greenfield development which converts agricultural land. Preservation of the use of farmland is something that farmers would like to see as well. This desire is consistent with the policy of the comprehensive plan.
Standards are needed that focus on bike and pedestrian related infrastructure in the downtown core. Having a more walkable and bikeable community is a great asset to working towards creating a more desirable community. Residents would like to see more infrastructure for these facilities be required in the commercial districts and in neighborhoods.
Housing was brought up multiple times. Although housing variety was not noted by the attendees, their focus was the desire to require more parks and open space in developments, especially residential, and increase the density of their neighborhoods, within reason.
Finally, in completing the exercises regarding the comprehensive plan goals and objectives, the attendees wanted them to be implemented through the ordinances. Of those goals and objectives, infill development should be a high priority as well as improving walkability and creating more green and public spaces, especially within the downtown.
Throughout the drafting of the UDO, there will be three additional public meetings and online community surveys to gather insight on various chapters or topics. Results of the meetings and surveys will act as a guide for the City and County staff and consultant team as they develop the UDO. Surveys, future meeting information, project documents, and draft materials will continue to be added to the project website. Once a draft is created, there will be additional public meetings and hearings as part of the adoption process.
The first public meeting was held on June 10, 2019 at the Oaklyn Public Library.
Online Survey Summary
An online survey was posted for residents to participate in from August through December. This online survey focused on image preferences and on how important residents thought various topics were relating to the functionality of the UDO and what topics were important to be addressed.
There were 61 total responses to the survey. The majority of people felt like this was an important process and that the updates to the existing ordinances are necessary. Many agreed that the document should be easy to navigate, including graphics, charts, and cross references when appropriate. Additionally, many were in support to include preservation of agriculture, efficient use of infrastructure, stabilization and preservation of neighborhoods through rehabilitation of existing homes, encouraging various housing styles, promoting mixed use, and redevelopment of existing and underutilized areas both commercially outside of the downtown and within the downtown in the UDO.
For those who could not make it to the public meetings, an online community survey was created to gather more input.
Public meetings on June 10 and 11, 2019 at the Oaklyn Public Library and Newsome Community Center provided opportunities for the community to voice their opinions on several topics related to this process.
Relationship of Plans & Policy to Zoning
The following section highlights specific goals, policies, and recommendations from various community plans for Vanderburgh County and the City of Evansville that are specifically related to the development of a new Unified Development Ordinance. The plans that have the most related and significant content and guidance include:
• 2015 – 2035 Comprehensive Plan for Evansville and Vanderburgh County
• The Metro Area Today Volume 1: A Regional Plan for Sustainable Development for Henderson, Vanderburgh, and Warrick Counties
• The Millennial Plan for 2040 Volume 2: A Regional Plan for Sustainable Development for Henderson, Vanderburgh, and Warrick Counties
• Downtown Master Plan & Design Guidelines
• Jacobsville Redevelopment Area Plan
• I-69 Gateway Plan
2015 – 2035 Comprehensive Plan for Evansville and Vanderburgh
The Evansville-Vanderburgh County Comprehensive Plan serves as a guide for future land use and planning decisions to improve the quality of life for its residents and visitors. A Comprehensive Plan must be approved by the local legislative body before a zoning ordinance can be adopted. A zoning ordinance must be approved and adopted before a subdivision ordinance can be created and adopted as well. These two documents are meant to help facilitate and guide the community to the goals and objectives that are outlined in the Comprehensive Plan.
These are the policies in the Comprehensive Plan that will help guide this UDO process:
GENERAL LAND USE
Develop higher density residential uses in or near activity centers (employment, commercial, and social) to promote efficiency in land use, use of infrastructure and alternative modes of travel.
Explore the use of form-based codes or overlay zones and incentives as means to upgrade the urban form and intensity of use.
Promote infill on shovel ready sites and adaptive reuse of vacant or underutilized structures to efficiently use land and existing infrastructure.
Examine alternative development types, including cluster developments and planned unit developments, as a means of protecting green space and environmentally sensitive areas.
Promote more mixed use development. Encourage street level commercial uses in mixed use structures that generate pedestrian activity such as retail, restaurants, and services.
Manage development along thoroughfares and environmental corridors, using appropriate techniques (e.g. corridor plans, overlay zoning, access management, buffering and other best management practices).
Encourage the reuse of greyfields/redfields to reduce negative impacts of vacancy and provide new mixed use and/or housing options.
When locating new community facilities, consideration should be given to land use in terms of the impact on future development and sprawl, and to the lifetime costs.
Encourage reuse by developing a variety of tools that incentivize infill.
Use impact analyses in the review of proposed developments to determine the effect of new developments on the environment, road network, educational system, community services, and utilities. Ensure that the utility system and transportation system improvements necessary to accommodate new development are in place when needed to mitigate development impacts.
Amend the Subdivision Ordinance to provide the Area Plan Commission with the authority to require special studies to address off-site improvements as warranted to mitigate substantial development impacts of community infrastructure, services, and flood control.
Discourage rezonings that will require a variance to meet code requirements
Encourage progressive site design and compliance with all Zoning Code requirements to reduce the need for variances.
Investigate changing the sign requirements in the Zoning Code to enhance/improve signage as a contributing element in the aesthetic quality of the community in general and particularly along major corridors and at I-69 interchanges.
Investigate changing the parking requirements in the Zoning Code to set minimum and new maximum amounts of off-street parking spaces required and to address proper parking location.
Investigate amending the Zoning Code to establish bufferyard requirements for new development to address visual (aesthetic) compatibility issues. Subdivision design should provide connecting streets and sidewalks in new developments to enhance safety, to link developments, and to increase opportunities for physical activity. Stub streets should be required where subdivisions are adjacent to undeveloped land.
Explore changes to the Zoning Ordinances that would offer incentives for providing specific amenities to enhance walkability, bike ability and open space.
Investigate updating the Zoning Ordinance to include architectural and landscaping requirements that would improve the visual appeal/attractiveness of the City and County.
RESIDENTIAL
Encourage the wide variety of housing types, which include single family owner-occupied units, condo/ townhouse, rental apartments, mobile homes, and progressive senior living (aging-in-place).
Extend the minimum performance standard in the housing code to all dwellings in the County and enforce it in a fair and equal manner.
Eliminate or revise any regulations that contribute to the cost of housing without improving safety or housing conditions for a suitable living environment.
Exclude incompatible uses from residential neighborhoods that would alter the character of the area or would not primarily serve neighborhood residents.
Multi-family housing should be viewed as an appropriate “buffer” use between single family and commercial developments.
Investigate changes to the Zoning and Subdivision Ordinances that would require rezoning from Agricultural to Residential prior to platting major residential subdivisions.
Promote creative subdivision design that is sensitive to and minimizes the impact on natural features, and provides for common open space, and bicycle and pedestrian ways.
Encourage sidewalks/pathways in new residential subdivisions creating a safe place to walk and promoting the opportunity for physical activity.
COMMERCIAL
Encourage the development of multi-storied mixed uses in appropriate locations where businesses are on the ground floor and residential units are on upper floors.
Direct new commercial development into existing underutilized commercial areas prior to rezoning new land.
Encourage compact commercial areas and, where possible, avoid new or expanded inefficient strip development.
Discourage spot zonings of property for higher intensity/volume commercial uses in residential areas.
Encourage small-scaled, commercial uses that primarily serve neighborhood residents at major intersections or in existing commercial centers within residential areas.
When new or redeveloped commercial sites are located adjacent to residential areas, schools, church, public parks, and the greenway, encourage an appropriate buffer that exceeds the minimum setback requirements in the Zoning Code.
Investigate changes to the Zoning Code to create flexibility and sustain compact older commercial areas that serve residential needs.
Investigate amending the Zoning Ordinance to allow for pop up stores, food trucks, outdoor seating at restaurants, and other similar activities which create vibrant places within certain areas/zoning districts.
CENTRAL BUSINESS DISTRICT
Expand the residential component of the downtown by encouraging conversion of second and third story storefronts to loft apartments, and encouraging the construction of new, quality, multi-family housing in this mixed use area.
Encourage additional green space in the downtown, especially on the riverfront.
Discourage development of surface parking lots and prohibit any new surface lots that would front on Main Street.
Encourage infill development on the existing surface parking lots facing Main Street.
Explore creating an overlay zone for the entire downtown that incorporates form-based code elements.
INDUSTRIAL
Encourage proposed industrial projects to locate within existing or new industrial parks.
Encourage reuse and revitalization of existing industrial facilities to regain their productivity.
Industrial redevelopment efforts in older areas should focus on improving access and circulation, reducing or mitigating potential use conflicts, making the sites more attractive through landscaping, screening, and incorporating green infrastructure.
Encourage new industrial developments to be open and environmentally attractive with good access, parking, circulation, landscaping and utility services. When new or redeveloped industrial sites occur adjacent to residential areas, schools, churches, public parks, and the proposed greenway, consider potential environmental impacts and encourage an appropriate buffer using distance (exceeding the minimum setback requirements in the Zoning Code) and/ other appropriate screening treatments.
Basic Paragraph
RURAL
Subheading
Subheading 2
The conversation of moderate to high yield farmlands within the Rural area for urban development shall be discouraged, except in areas designate for other uses on the Future Land Use-2035 Map and in the existing Rural communities.
Basic Paragraph
Rural character should be maintained or achieved through density and design.
Pursue changes to the Zoning and Subdivision Ordinances that would require rezoning for Agricultural to Residential prior to platting major residential subdivisions.
ENVIRONMENTAL QUALITY
Ensure in the subdivision and site planning process that natural areas (wooded areas, stream corridors, wetlands, etc.) are preserved and/or minimize the impacts on these resources.
Use the recommended best management practices that minimize damage to and loss of existing trees, especially in forested areas, in the development process.
Promote replacement planting for trees lost through the development process either on-site of at an offsite mitigation location.
Investigate changes to the Subdivision and Zoning Ordinances to establish landscaping incentives/ requirements in the development process.
Encourage the use of floodplain land for open space, recreation or agriculture.
Require adequate buffering by both distance and landscaping (i.e. trees) between residential areas and any new uses expected to generate nuisance and pollution such as certain agricultural uses, commercial/industrial uses and major transportation facilities.
Maintain strong controls and adequate enforcement procedures for control of signs, billboards, litter, weeds and abandoned automobiles to improve the quality of roadside and neighborhood appearance.
Regulate development within the approach zones of the airport through federal, state and local rules and regulations.
Investigate techniques, such as overlay zoning, stream buffer zones, or conservation easements, to protect Pigeon Creek and other major creeks as beneficial community resources.
Investigate amending the Zoning Ordinance to incorporate and implement “Dark Sky” regulations that control new and replacement lighting.
PUBLIC HEALTH AND SAFETY
Coordinate City of Evansville design requirements for Detention/Retention Ponds with requirements of Vanderburgh County.
Where possible, site design and development of bridges, roads, and subdivisions should ensure that natural contours and drainage are preserved. Where possible, new structures should be located on the highest elevation on a lot within the floodplain to minimize fill and avoid impacting adjacent areas that do not normally flood.
Update the Subdivision Ordinance so that new roads are designed to provide safe passage during a base flood event.
TRANSPORTATION
Support the construction of frontage roads to serve development along major arterials (per the EMPO Access Management Manual, and Subdivision Code).
Limit the number of curb cuts allowed, especially on collectors and higher classified roads, and limit the use of mid-block median crossovers to avoid creating additional vehicle conflict points.
Where possible, design access for new development via side streets
Where possible, consolidate access points for independent commercial uses
Update the EMPO Access Management Manual to reflect the current professionally recognized standards in transportation planning, and investigate adding the most important standards into the Zoning Code
Review the thoroughfare setback requirements regularly, and revise this portion of the Zoning Code as warranted
Adopt procedures for requiring the use of traffic impact analysis to determine the effect of large-scale new developments on the transportation system
Investigate amending the City and County Subdivision Ordinances to update the road layout and design standards for safe movement of school busses, public maintenance vehicles, and safety/ emergency vehicles such as police cars, ambulances, and fire trucks
Review and amend the Subdivision Code to clarify the criteria for approval of sidewalk waiver requests and to create consistency in the application of sidewalk requirements
Encourage the City and County to require sidewalks and street interconnections in proposed subdivisions or cul-de-sacs linked with bicycle/pedestrian facilities
Amend the Zoning Ordinance to address bicycle parking/ storage options
PUBLIC UTILITIES
All costs associated with extending and/or accessing the water and sanitary sewer network for new service to a development are the responsibility of the developer.
Ensure that the water and sewer system improvements necessary to accommodate new development are in place when needed to mitigate development impacts
Give priority to the use of green infrastructure concepts and other cost-effective alternatives to meet the requirements of the Consent Decree in a manner that minimizes structural improvements and substantial sewer fee increases.
To help lessen the quantity of storm water entering the system, encourage landowners/developers to add green space and plantings including trees that intercept and absorb water, and allow for infiltration of runoff into the ground.
Where flooding problems have been identified, increase the capacity of the drainage system to accommodate short, high-intensity storms and employ alternatives that reduce the volume of storm water the system must handle including reduction of the allowable flow rates from new developments.
Encourage the incorporation of green infrastructure concepts and other best management practices for storm water management in planning and design of new development/ redevelopment.
Encourage developers in growing areas to work together on constructing regional storm water detention facilities that will serve multiple, large scale developments.
Basic Paragraph
URBAN DESIGN AND PRESERVATION
Subheading
Subheading 2
Utilize appropriate materials and progressive techniques in the design for new public and private improvements such as streets, landscaping, signage, and lighting to enhance the quality of the environment.
Basic Paragraph
Investigate updating the Zoning Ordinance to incorporate best practices in walkability and livability in key districts.
Utilize Complete Street design that creates safe and welcoming public space for pedestrians and bicyclists.
Research the feasibility of placing overhead utility lines underground within new major subdivisions and redeveloped areas; and then evaluate establishing criteria / priorities for burying existing lines.
Investigate the feasibility of writing a Landscape Ordinance to be included in the Zoning Code.
Update the City and County sign ordinances to address sign size in relation to structure size, as well types of signs, design considerations in relation to the context of the location and overall community feel.
Expand the present Historic Preservation Ordinance and Commission to include historic areas in the County to assure a comprehensive historic preservation effort and program.
Promote urban design at the community and neighborhood levels, including the preservation and rehabilitation of historic sites
The Metro Area Today Volume 1: A Regional Plan for Sustainable Development for Henderson, Vanderburgh, and Warrick
Counties
This plan, which is a part of the Millennial Plan for 2040 and spans three counties, focuses on creating a more sustainable community. In order to do this, there are six principles that this plan describes:
1. Provide more transportation choices.
2. Promote equitable, affordable housing.
3. Enhance economic competitiveness.
4. Support existing communities.
5. Coordinate and leverage federal policies and investment.
6. Value communities and neighborhoods.
The Millennial Plan for 2040 Volume 2: A Regional Plan for Sustainable Development for Henderson, Vanderburgh, and Warrick Counties
This plan focuses on the evolution of the three counties as new development patterns, housing demands, and generational values shift.
The key recommendations which have an influence on the Evansville-Vanderburgh County UDO include:
• Vision for 2040: The tri-county area needs to cooperate in a regional effort to establish a vision of its future. The Vision for 2040 must be a blueprint for attracting and keeping young adults in the Millennial generation by offering a wide range of job opportunities, a variety of arts and cultural venues and activities, and neighborhoods with family amenities that can be accessed by walking, biking and autos.
• Travel Modes: Costs for transporting people and goods will continue to rise as fossil fuels become scarcer and new modes of transportation are developed. Therefore, developing a plan that includes all viable modes of transportation while improving fuel efficiency should be a focus.
• Housing Options: Opportunity and choice are the mainstays of a free nation. The highest calling for local communities in the region is to provide economic opportunities, good-paying jobs, safe and functioning infrastructure, food security, and choices in selection of housing type and housing cost. The Growth and Revitalization Plan and the Workforce and Senior Housing Plan of the RPSD seek to outline methodologies for private development and public programming that provide a robust range of housing options that are near employment centers.
• Compact Development: Compact development helps to optimize infrastructure extension while saving rural agricultural resources. When there is denser development, public transportation is possible.
• Livable Neighborhoods: Preservation of historic neighborhoods while encouraging new residential development in neighborhoods that have highly livable centers made up of mixed uses, incomes, and diverse activities strengthens the area and attracts and retains residents.
• Revisions of Zoning Ordinances: Stakeholders in all three counties have referred to the zoning ordinances as stumbling blocks to create quality development. Revisions to the zoning ordinances in Warrick, Henderson, and Vanderburgh counties will be necessary to implement change suggested throughout the plan.
Downtown Master Plan & Design Guidelines
The Evansville Downtown Master Plan Update, completed in 2016, was done to help frame the downtown as an “activated, innovative, connected neighborhood” by identifying four key areas for improvements: Main Street, the Riverfront, the “NoCo” area north of Court Street for the creation of a makers district, and general public space improvements throughout the downtown. The plan explores opportunities for each of these key areas while stressing the importance of development for the community.
Key elements outlined in the Evansville Downtown Master Plan that will help guide the UDO process are:
A THRIVING MAIN STREET
Activating ground floor retail space.
Designating an “entertainment district” through incentives and regulatory relief for new businesses, restaurants, and retail.
Reinforcing existing, and attracting more, local businesses.
Adding outdoor café space.
Enhancing the pedestrian realm.
Activating 4th and Main Street park through new design and year-round programming and events.
AN ACTIVE RIVERFRONT
Enhancing park design including landscape, lighting, monuments and play equipment.
Making it easier and safer to cross Riverside Drive to access the riverwalk and Greenway.
Slowing vehicular traffic to improve pedestrian and bicycle safety and enjoyment.
Separating pedestrian activity from vehicular traffic with landscaping and other treatments.
Physical improvements such as landscaping, parking enhancements, streetscape or other enhancements along Main Street, between 2nd and Riverside Drive to establish a stronger connection between the downtown core and the Riverfront.
Creating visual connections from Main Street and other key locations to the river via design elements and features such as fountains, lights, and signage.
NOCO MAKERS DISTRICT
A mix of uses – manufacturing, production, art, fabrication, digitization.
A mix of building types – industrial, residential, commercial, and mixed use.
Relaxed zoning – to attract and encourage diver uses, building styles, and materiality.
Incentives to attract businesses, residents, and development, including expedited permitting, tax abatements, and others as appropriate.
Unique branding, signage, wayfinding and banners.
PUBLIC SPACE IMPROVEMENTS
New wayfinding and directional signage. mplementing recommendations from the Bike and Pedestrian Master Plan and SEAC 2020 Millennial Plan.
Designating, designing, and implementing complete street treatments such as wider sidewalks, protected bike lanes and cycle tracks, traffic calming features and more trees.
Specifically, with the NOCO Makers District, the plan encourages the City to “relax zoning code regulations within the district so a mix of uses and building styles and types is encouraged: determine applications/ criteria for tax phase-in.” The NOCO Makers District has some overlap with the Jacobsville Neighborhood (which has its own redevelopment plan), making this area highly important. Zoning needs to be addressed in order to move forward with future development within the neighborhood to implement both plans.
Jacobsville Redevelopment Area Plan
Completed in 2013, the Jacobsville Redevelopment Area Plan is for the Jacobsville neighborhood located just north of Downtown Evansville. The vision of this plan is to “uplift the Jacobsville Neighborhood to a community of choice as a progressive location for business culture and a livable mixed-use neighborhood by creating an inviting, walkable and sustainable place to live, work and play.” Throughout this plan, eight big ideas and action steps lay out the foundation for how to achieve this overall vision for the neighborhood.
Although there are eight big ideas, three will be important for helping to guide this UDO process. The three big ideas are as listed:
• Focus on strong neighborhoods and housing.
• Develop a higher quality land use strategy along Lloyd Expressway.
• Revise current regulatory mechanism (zoning code, design development standards, design review) to align with redevelopment vision.
General comments throughout the plan suggest the need for revising the existing roadway design standards and modifying the zoning and subdivision ordinances. This comes as a recommendation based on plan review but remains reinforced through the action steps and zoning review sections in the plan. The plan does not get into specific changes but addresses the need for change due to the inefficiency of the current zoning ordinance and its lack of compatibility for the redevelopment plan to be implemented. For the plan to be implemented, the zoning ordinance needs to be reviewed and updated.
Based on analysis of the existing zoning within the study area, the following will help throughout the UDO process:
• The ordinance structure is difficult to use, requiring the reader to consult multiple sections just to determine which uses are allowed in any given district.
• There is considerable overlap between districts (R-4 and R-5; CO-1 and CO-2; C-4, M-1, M-2 and M-3). Some of these could be consolidated or revised to serve a more distinct purpose. For example, rather than allowing all uses by right, some uses could be designated as “special exception uses” within the zoning districts to ensure that potential negative impacts or nuisance effects (traffic, late hours of operation, noise, odor, etc.) can be controlled with the addition of conditions to any approval. This reduces the need for separate zoning districts.
• Parking requirements are overly complicated. There are excessive requirements for some uses; and parking standards (while attached to specific uses) follow the same cumbersome “use group” format as used to categorize the permitted uses.
• Add a landscaping section to address frontage plantings, sidewalks, clear vision areas, etc.
• Develop basic building design standards that address required design for main street buildings, building height step-back transitions in the Townhouse and Workforce to the Traditional Main Street areas.
• Update the sign regulations to address home occupation uses, and main street signage that might include marquee, projecting, and sandwich board signs.
• Consider adopting a performance-based zoning approach such as a form-based Code, an overlay zoning district, or a hybrid than combines elements of form-based and traditional for the Jacobsville Redevelopment Area.
• Look into the special use conditions and possibly expand them.
• All dimensional requirements should be reviewed. In the absence of any significant differences in dimensions and allowed uses, districts should be combined where possible (R-4 and R-5, C0-1 and CO-2).
• The R-5 district permits buildings at heights up to 150 feet (10 to 12 story) with only a 5,000 square foot lot and 5 foot side yard are required. If such high-rise buildings are to be permitted in the City, the Jacobsville neighborhood seems an unlikely location. Such height allowance could be addressed as a special use, rather than creating a second residential district for that purpose.
• There are very few dimensional requirements for commercial and industrial districts. Some minimum standards should be required.
• The dimensional requirements table notes 100% green space in front yard. This seems to mean that parking is not permitted in the front yard. Is this any front yard or just the required front yard?
• Parking requirements are overly complicated; there are excessive requirements for some uses; and parking is tied (inappropriately) to use groups, which are too generic to fit the use type or district purpose.
• Sign regulations are meager and generic, and don’t address individual sign types, business centers, or specific size and location requirements. Industrial sign area is permitted to be substantially larger (1,000 square feet) than commercial sign area (150 to 500 square feet). This is unusual since industrial uses generally don’t require the type and number of signs more commonly found in commercial districts. It is also not content neutral.
• While review procedures for PUDs and Improvement Location Permits (site plan) appear to be efficient, the ordinance does not provide any standards to guide decisions. This can result in inconsistent and arbitrary decision-making and frustration for the applicant. It is essential that any process requiring a discretionary decision (such as PUD, site plan review and special uses) be based on specific standards cited in the ordinance.
Working with the citizens of the Jacobsville area, the Area Plan Commission helped to create the Jacobsville Overlay Zone as an amendment to the Zoning Code. This overlay, adopted in 2018 by the City Council, was an effort to implement portions of the Jacobsville Redevelopment Plan.
I-69 Gateway Plan
The Evansville-Vanderburgh County I-69 Gateway Subarea Plan is a long-term vision for the I-164 (I69) corridor through Vanderburgh County. Goals and recommendations throughout this plan will help the County grow and develop in a way that is best for the community and help protect future changes to the area, so it does not lose its unique features. This subarea plan is focused on four major themes: land use, transportation, economic development, and character identity.
Land use will likely be the most applicable component to this process, but all themes play a large role in helping guide development for the future of Vanderburgh County. Goals listed under each category that will be important throughout the UDO process are:
LAND USE
Encourage efficient development and growth patterns.
Enhance planning and land use coordination. Promote natural resource preservation/conservation.
TRANSPORTATION
Improve connections within northeast Vanderburgh County.
CHARACTER AND IDENTITY
Encourage the preservation of the area’s rural character and natural features.
Develop quality standards for new development.
This plan does not affect the current land uses around the area, nor does it have conflict with the current zoning ordinance, but the recommendations are to be used as a guide for future development at points along the corridor. Recommendations for land use include agriculture that supports crop production and livestock operations, open space, residential mixed use, single family residential development, community and highway-oriented commercial uses, and industrial and business centers/parks.
Legal Issues for Consideration
Applicability of Zoning Enabling Act
While Indiana local governments – specifically, cities, towns, and counties – nominally have “Home Rule” powers under IC §§ 36-1-3-1—36-1-3-10, “a unit wanting to exercise planning and zoning powers in Indiana must do so in the manner provided by this chapter”. The reference to “this chapter” is to the Local Planning and Zoning Law (IC 36-7-4), often referred to by Indiana’s appellate courts as the “Zoning Enabling Act”. See, for example, Dunmoyer v. Wells Cty. Ind. Area Plan Comm’n, 32 N.E.3d 785, 786 n. 9 (Ind. Ct.App. 2015). It is not lawful in Indiana for local units to enact land use review processes other than those spelled out in the Zoning Enabling Act.
Altering an Ordinance
The Zoning Enabling Act specifically allows for the adoption of a unified development ordinance (or UDO), which combines a unit’s zoning and subdivision control ordinances “into a single book, pamphlet, or code title, article, or chapter … [employing] combinations of maps, plats, charts, diagrams, tables, text, and images.” IC § 36-7-4-610(h).
Under IC § 36-7-4-602(b), the plan commission (or legislative body) may initiate a text amendment, that is, a proposal to change the language contained in an ordinance; and under IC § 36-7-4-602(c), the plan commission (or 50% or more of the affected landowners) may initiate a rezoning, that is, a proposal to change the zoning classification of a parcel or parcels of land without amending the text of the applicable ordinance. In any case, once a change is initiated, it must be referred to the APC for a hearing, and there are detailed specifications in the statute that govern how text amendments and rezonings must be drafted, noticed, heard, certified, and adopted (or defeated). See IC §§ 36-7-4-602—36-7-4-609.
In addition, state law enables a landowner or developer to draft a customized ordinance, known as a planned
unit development (or PUD) district ordinance, for a parcel, in lieu of proposing a conventional rezoning for that parcel. IC §§ 36-7-4-1500—36-7-4-1513. Before PUD proposals can even be submitted, there must first be in place a text amendment that allows for such submittals and spells out the review process that must be followed. IC § 36-7-4-1506. For the most part, the process for the adoption of a PUD ordinance should be the same as that for a rezoning. IC § 36-7-4-1505(c). However, the PUD process is not without potential pitfalls for a developer that uses it. See, for example, Brookview Props., LLC v. Plainfield Plan Comm’n, 15 N.E.3d 48 (Ind.Ct.App. 2014), in which a town’s PUD arrangements included an elaborate three-stage approval process, most of which had to be completed within three years; when the developer submitted a proposed final plan 10 years after the town had approved its PUD ordinance, the appellate court found that there was no designated land use for the parcel.
APC Membership
Pursuant to IC § 36-7-4-202(b), Evansville and Vanderburgh County have exercised the option to create an Area Plan Commission (APC), which has jurisdiction throughout the County. The default membership requirements for an APC are set forth in IC §§ 36-7-4-207(c), 36-7-4-208(c) and (d), and 36-74-209.
Mixed-Use Districts
Generally, a zoning ordinance divides a jurisdiction into various zoning districts (such as agricultural, commercial, industrial, residential, special, or unrestricted) and regulates how land may be developed, maintained, and used in those districts” – but there is no restriction on establishing multi-use districts (that allow two or more types of uses).
Special Provisions Governing Agricultural Operations
In 2014 the Indiana General Assembly enacted IC § 15-11-2-6(a), which states that the “Indiana Code shall be construed to protect the rights of farmers to choose among all generally accepted farming and livestock production practices, including the use of ever changing technology”. This provision supplemented the state’s Right to Farm Act, originally enacted in 1981, which already contained a declaration that “it is the policy of the state to conserve, protect, and encourage the development and improvement of its agricultural land for the production of food and other agricultural products.” IC § 32-30-6-9(b). All of these provisions should be recognized in a community’s ordinances.
While Zoning Ordinances typically divide the community into districts based on uses such as commercial or residential, mixed-use districts can be created to allow two or more types of uses.
Treatment of Special Exceptions, Special Uses, etc.
Under IC § 36-7-4-918.2, a community’s BZA has authority to approve or deny various types of “special” permits “but only in the classes of cases or in the particular situations specified in the zoning ordinance.” Most Indiana ordinances utilize the term special exception and require various institutional uses (such as schools and places of worship) to obtain BZA approval. Regardless of whether a community’s ordinance denominates a special permit as a special exception, special use, contingent use, or conditional use, it now depends on specific language in the ordinance whether the courts will treat such a permit as a regulatory special exception or a discretionary special exception. See, for example, Flat Rock Wind, LLC v. Rush County Area Board of Zoning Appeals, 70 N.E.3d 848 (Ind.Ct.App. 2017) (holding that the BZA’s discretionary power to impose an enlarged setback condition on the approval of a special exception derived from the ordinance’s reference to a minimum setback distance for a “wind farm” use). Thus, a community’s ordinance may establish more than one type of conditional use permit, and process some uses as regulatory and others as discretionary – for example, school proposals might be reviewed as special uses (regulatory), with stadiums and concert halls reviewed as special exceptions (discretionary).
Traditionally, Indiana’s appellate courts had treated virtually all special exceptions as regulatory special exceptions – this meant that the BZA was obligated to approve the proposed land use whenever the applicant proved that it met all the contingencies listed in the ordinance. See, for example, Town of Merrillville Bd. Of Zoning Appeals v. Public Storage, Inc., 568 N.E.2d 1092 (Ind.Ct.App. 1991) (stating that granting of a variance is a matter committed to the discretion of a BZA, whereas granting of a special exception is mandatory once the applicant shows compliance with the relevant ordinance criteria).
Ex Parte Contacts
The BZA’s function is characterized as “quasi-judicial”; its decisions are to be based on evidence contained in the public record or presented at public hearings. However, this requirement does not imply that BZA members are to be held to the same degree of detachment as members of the judicial community. See Ripley County Bd. Of Zoning Appeals v. Rumpke of Indiana, Inc., 663 N.E.2d 198 (Ind.Ct.App. 1996), rehearing denied, transfer denied . Importantly, though, it is unlawful for persons (other than the BZA’s staff) to have ex parte contacts with members of a BZA regarding matters pending before the BZA. IC § 36-7-4920(g). The BZA’s rules of procedure should cover this topic.
Development Plans vs. Special Uses, etc.
Under IC §§ 36-7-4-1400—36-7-4-1406, the APC has authority to approve or deny various types of development plans “in zoning districts in which a development plan is required.” Many Indiana communities still leave it to their BZA whether to approve or deny special exceptions for “special” types of uses wherever they may be located. However, the statutory restriction on ex parte contacts applies only to BZA proceedings – thus, a community may decide to employ a development plan process (using the plan commission), rather than a special exception process (which uses the BZA), and allow developers and interested parties to have more flexibility in communications with decision-makers. This is particularly so in communities where the plan commission delegates some or all review functions to Commission subcommittees or the planning staff.
Rules of Procedure
If Indiana’s statutes were symmetrical, there would be a restriction, such as that contained in IC § 36-74-920(g), on communications with APC members in regard to their ministerial or administrative functions (that is, subdivision plat and development plan reviews). Like BZA proceedings, these appear to have a quasi-judicial character, although they have not been labeled as such by the legislature or the case law. Many Indiana plan commissions encourage informal contacts between their members and residents, especially in working subcommittee settings. If the APC chooses to establish subcommittees or delegate authority to its staff members, the APC should adopt rules of procedure to govern these functions. These rules may still prohibit or discourage ex parte communications with APC members, but the statute on this topic only restricts communications with BZA members. In any event, both the APC and the BZA should have comprehensive rules of procedure and routinely update them so they are consistent with state laws and local ordinances.
While the Zoning Enabling Act sets forth various minimum requirements for notices and hearings, both the APC and the BZA have broad authority to adopt procedural rules governing their processes, which may be stricter than those set by the state statute. For the APC, see IC §§ 36-7-4-401 (regarding administration, hearings, and investigations), 36-7-4-402 and 36-7-4403.5 (regarding hearing examiners and committees),
36-7-4-408 (regarding an executive committee), 36-74-604 (regarding notices and hearings for ordinance changes), 36-7-4-704 (regarding fees for checking plats), 36-7-4-706 (regarding who are “interested parties” for purposes of receiving notices of plat submittals), 36-7-4-711 and 36-7-4-712 (regarding the process for the vacation of a plat), and 36-7-4-1015 (regarding the creation, form, recording, effectiveness, modification, and termination of commitments). For the BZA, see IC §§ 36-7-4-916 (regarding appeals and other processes, notices, and hearings, and investigations), 36-7-4-920 (regarding who are “interested parties” for purposes of receiving notices), and 36-7-4-1015 (regarding the creation, form, recording, effectiveness, modification, and termination of commitments). Generally, unless the procedures used by a local commission or board are not orderly, impartial, judicious, or fundamentally fair, they will not be held to be contrary to law. McBride v. Board of Zoning Appeals of Evansville-Vanderburgh Area Plan Com’n, 579 N.E.2d 1312 (Ind.Ct.App. 1991). For an example of a case where it was held that repeated procedural delays by an APC meant that it had “essentially abrogated the role of advisory decisionmaker”, see Boone County Area Planning Com’n v. Shelburne, 754 N.E.2d 576 (Ind.Ct.App. 2001).
Criteria for Development Standards Variances
The Zoning Enabling Act allows the BZA to grant a landowner a development standards variance (typically relating to standards such as height, bulk, or area which are contained in the zoning ordinance) upon a determination that three criteria are met:
(1) no injury to public health, safety, and welfare;
(2) no substantially adverse impact on the use and value of adjacent properties; and
(3) strict application of the ordinance will result in practical difficulties in the use of the property.
IC § 36-7-4-918.5(a),
Importantly, the third criterion requires an applicant to present evidence only of “practical difficulties” rather than an “unnecessary hardship”. (In Indiana the hardship standard applies only to proposed use variances, which an Area Board of Zoning Appeals cannot grant.) Numerous appellate opinions concerning development standards variances have referred to the notion, now found in the Zoning Enabling Act, that a “court may not try the cause de novo or substitute its judgment for that of the board.” IC § 36-7-4-1611. However, see Caddyshack Looper, LLC v. Long Beach Advisory Bd. of Zoning Appeals, 22 N.E.3d 694, 704 (Ind.Ct.App. 2014) (reversing a BZA’s denial of a development standards variance, based on “several factors for a reviewing court to consider in determining whether compliance with a zoning ordinance will result in practical difficulties: (1) whether ‘significant economic injury’ will result if the ordinance is enforced; (2) whether the injury is self-created; and (3) whether there are feasible alternatives”). In any event, the statute also allows a community’s ordinance to establish a stricter standard than “practical difficulties” for a development standards variance.
Treatment of Non-Conforming Uses
In general, a property owner’s defense that a property has legal, non-conforming use status is unavailing where the use has been abandoned. However, the nonuse of a non-conforming use does not constitute abandonment if the nonuse is the result of the owner’s financial inability to continue in business. Metropolitan Development Com’n of Marion County v. Goodman, 588 N.E.2d 1281 (Ind.Ct.App. 1992). Moreover, it is well established that the abandonment of a right to continue a use that does not conform to the applicable zoning ordinance requires a voluntary act on the part of the owner that signifies both the intent to abandon and actual abandonment. Dandy Co., Inc v. Civil City of South Bend, 401 N.E.2d 1380 (Ind.Ct.App. 1980). In any event, the community’s ordinance covering this topic should specify how long the nonuse must continue before the use is considered to be abandoned.
BZA Divisions
IC § 36-7-4-901 requires, as part of a zoning ordinance, that a board of zoning appeals (BZA) must be established to hear applications for variances, special uses and the like, and administrative appeals. The state statutes provides alternate procedures as an option for BZA review. Either an ordinance or the APC on its own (by rule) may authorize hearing officers to approve and deny certain types of variances and uses that the full membership of the BZA would otherwise hear; hearing officer decisions are appealable to the BZA under IC § 36-7-4-924(g).
Imposing and Enforcing Developer “Commitments”
Indiana regulates the imposition of developer exactions via the commitments statute, IC § 36-7-41015. Subsection (a) of this section states that “the owner of a parcel of real property may be required or allowed to make a commitment concerning the use or development of that parcel” as a condition to the:
(1) adoption of a rezoning proposal;
(2) primary approval of a proposed subdivision plat or development plan;
(3) approval of a vacation or all or part of the plat; or
(4) approval of an application for a:
(A) special exception;
(B) special use;
(C) contingent use;
(D) conditional use; or
(E) variance.
The statute goes on to provide that “covenants, easements, equitable servitudes, and other land use restrictions created in accordance with [common] law are not considered commitments….” IC § 36-7-41015(h). Thus, the appellate courts have consistently held that zoning ordinances and regulations cannot relieve real estate from valid private restrictive covenants. Cf. Highland Springs South Homeowners Ass’n, Inc. v. Reinstatler, 907 N.E.2d 1067 (Ind.Ct.App. 2009), transfer denied (holding that the existence of restrictive covenants is not a proper consideration as to whether a zoning or setback variance should be granted, and restrictive covenants are enforceable only by the parties thereto).
Commitments created under the statute are enforceable via “the granting of a temporary restraining order, preliminary injunction, or permanent injunction.” IC § 36-7-4-1015(e). Moreover, “in an action to enforce a commitment, it is not a defense that: (1) no consideration was given for the commitment; (2) the commitment does not benefit any designated parcel of property; (3) the document setting forth the commitment lacks a seal; (4) there is no privity of estate; (5) there is not privity of contract; or (6) there is no proof of damages.” IC § 36-7-4-1015(f). The statute also authorizes the APC or BZA to adopt rules governing the creation, form, recording, effectiveness, modification, and termination of commitments, and specifies which body has the authority to modify or terminate a commitment that was made before the parcel subject to the commitment is annexed by a municipality. See IC § 36-7-4-1015(b)(10).
Both the APC and BZA rules should specify the criteria that will apply when they hear requests to modify or terminate a commitment. One community’s BZA recently added the following sentence to its rule governing commitments: “Pursuant to IC § 36-7-41015(c), the BZA hereby declares that the criteria to be considered when an owner applies for the modification or termination of a commitment made under these Rules are the same criteria that applied to the proposal when the Board originally granted approval….”
Subdivision Plat Review
The Zoning Enabling Act charges the APC with the duty to “determine if [a proposed subdivision plat] qualifies for primary approval under the standards prescribed by the subdivision control ordinance.” IC § 36-7-4-702(a). In approving a plat, the APC also has the discretion to “waive” standards fixed in the subdivision control ordinance, but note that only the APC (or a plat committee acting on the commission’s behalf) may grant such a waiver – the BZA does not have jurisdiction to approve variances from the community’s subdivision regulations. See IC §§ 36-74-702(c) and 36-7-4-918.5. Regarding both subdivision plats and development plans, it is critical that the APC base its approval or denial on “concrete standards” that are contained in the applicable ordinance sections. Tippecanoe County Area Plan Commission v. Sheffield Developers, Inc., 394 N.E.2d 176 (Ind.Ct.App. 1979); cf. Equicor Dev. Inc. v. Westfield-Washington Township Plan Comm’n, 758 N.E.2d 34 (Ind. 2001).
National Trends in Planning
There are several drivers at the national level changing planning and therefore changing the way communities address land use and development within their ordinances. Evansville and Vanderburgh County should consider these trends and the potential impacts on the new Unified Development Ordinance.
Change in Demographics
The population of the United States is changing, and Evansville and Vanderburgh County are no exception. Generational trends can have a significant impact on the growth and development of communities. In general, many Baby Boomers are retiring and are moving out of their large family homes into areas where there is access to arts, culture, entertainment, restaurants, and healthcare. The question becomes does the community have what Baby Boomers are looking for and will they retire in place. The answer may depend on available housing types. This can also drive more demand for greater mobility options and homes with less square footage. While moving to smaller housing units is one option to address this demand, another option is allowing accessory dwellings. Where accessory dwellings exist, some elderly choose to move into the accessory unit and rent the primary dwelling as a means of staying on their property and
within their neighborhood where they have raised their family.
The Millennials (20 to 30 years of age) and younger generations also affect how communities grow. This generation shows a strong preference for living in places that have services, amenities, and a high quality of life. They have a distinct preference for multi-modal mobility, smaller homes, more housing choices, more public spaces, and authentic urbanism. The City and County should consider other public and private amenities and ensure that the ordinance permits the types of services, amenities and mobility options needed to attract this generation.
Missing Middle
Communities across the country are facing rising housing costs and stagnant wages. This trend is creating a housing crisis even in small towns and rural areas. Good housing that is affordable to middle and lower income residents is becoming more difficult to find. Some communities address affordability through a concept referred to as the “missing middle” housing.
Missing middle housing refers to a range of housing types in the medium (or middle) density category. These include duplexes, triplexes, quadraplexes, courtyard apartments, bungalow courts, and residential units above shops and workplaces. Some even consider accessory dwellings to fall into this category. Modern zoning practices have generally accommodated single-family detached and larger multifamily housing but has limited or outlawed much of the missing middle housing types typically integrated into mixed residential or mixed use areas. Many historic neighborhoods contain a mix of housing types and have missing middle housing units that are contributing structures in historic districts.
As the population ages, missing middle housing may provide opportunities for residents to age within their neighborhoods. In addition, younger generations are less enamored with suburban housing and suburban densities than older generations and are attracted to smaller dwellings on smaller lots. Plans and ordinances should allow communities to provide a full range of housing choice. This may be a communities’ answer to these issues: affordable housing, senior housing, and housing for younger residents and small families.
Multi-Modal Transportation
Transportation is shifting from an auto-centric society to a more balanced multi-modal society. This means more people want wide sidewalks, trails, and dedicated bicycle lanes that connect residences, retail, work centers, schools, community facilities and services, and recreation destinations. Many communities nationwide are also installing other mass transit systems to help with congestion and reduce emissions. The shift to multi-modal transportation options is requiring changes to many features including sidewalk widths, connectivity requirements, access standards, parking, and uses permitted within zoning districts.
Economic Development Financing and Restructuring
After the recession in 2010, real estate investment financing almost came to a stop. Since then financing has resumed, however, the restrictions placed on financing for banks have made it difficult for some people who, prior to 2008, could qualify for mortgage financing. Additionally, banks are now also requiring that planning departments provide certifying letters for zoning compliance and confirmation of the ability to rebuild a building if it is damaged due to a fire or natural disaster. That, along with the changing attitudes of Millennials, has meant that demand for certain types of housing, especially rental property, has outpaced for sale property. In terms of zoning, this usually means development located in a more urban setting, that is higher density, walkable, mixed use, and accessible by different modes of transportation. This trend has existed long enough to affect zoning regulations throughout the country.
Emphasis on Authentic Place
Vanderburgh County has a wide spectrum of development areas in the County including Urban, Suburban, and Rural. Each of these development areas has a distinct character and authenticity about them that bring a different set of challenges for development and redevelopment. With changes in transportation options and increasing costs of housing, the change in the financing strategy for housing, more communities are focusing on protecting their existing character and creating a sense of place, while ensuring their community remains authentic and competitive. In some cases, communities place more of an emphasis on increasing density and ensuring pedestrian scaled development. Many communities include character standards within the zoning ordinance so that infill development matches the character of the existing neighborhood. There is also a trend to increase mixed use and mixed income housing with this increased density.
Changes in Communications
The field of communications is rapidly evolving. While residents do not want to spend long hours at meetings, they want to be engaged and require more transparency in community decision making. The traditional communication methods of public meetings, and newspaper notices are giving way to online engagement. This means that communities must change their ways of communicating with the public regarding development projects and changes in policy. This affects the ordinance by requiring communities to move to a larger online presence.
Technological Advances
Technology is constantly shifting. There have been advances in the energy sector with solar panels and windmills becoming more prevalent in both commercial and residential developments. Many ordinances do not have standards regulating commercial placement of solar panels and windmills. In March of 2017, Forbes Magazine approximated 10 million autonomous vehicles will be on the road by 2020. While this did not hold true, it is closer than many think. Many companies like Uber and Tesla are testing autonomous passenger vehicles while others like Kroger, Starship, and Udelv are testing autonomous grocery and hot meal deliveries in select communities and university campuses. This will require changes to the ordinance including reduction in parking standards, increase in drop off lanes, wider sidewalks or a delivery lane; and reductions in lane widths, which allow for more multimodal improvements.
Need for Flexibility and the Ability to Adapt
National planning trends, technology and federal laws are constantly changing. It is hard for communities to keep up with these trends, especially with their ordinances. Therefore, ordinances need to have flexibility to adapt to these changes. This includes regulations that allow staff to make interpretations of the ordinance. This also means that some elements of the ordinance refer to a supplemental document where changes happen without having to go through the entire process of amending the ordinance. This may include items such as character guidelines and landscape standards.
Technological advances have led companies like Kroger to test autonomous grocery deliveries.
How are communities addressing some of these trends:
Use of Lean Ordinances and Graphics: Contemporary ordinances incorporate many graphics such as illustrations or images to convey a point. Tables organize standards for easier readability and comprehension. When coupled with ordinance language that minimizes and streamlines procedures, reduces regulation to the minimum necessary to accomplish public goals, and reduces redundancy, the resulting ordinance becomes a “lean ordinance.” These modern ordinances are easier to navigate than their 1970s, 1980s, and 1990s predecessors. Because of all the graphics and tables, the ordinances may not be thinner, but they are less dense and easier to understand and interpret by the general public.
Uses & Building Design: When defining a community’s character, the scale and design a development takes is just as important as the use of the development. Many communities incorporate regulations that focus on character elements such as building orientation to the street, height, transparency along the streetscape (windows), and wall length. Other standards focus on the mix of the uses within the development and within structures. Many communities have moved to creating specific use standards to manage certain uses within districts, address impacts of the use and the compatibility to the character of the existing neighborhood or shopping center. Standards that regulate the bulk of a structure should also be considered to design structures that fit within
their context. This is especially important for infill development.
Parking Flexibility: Most ordinances from the 1970s, 1980s and 1990s regulate parking by minimum standards. As the e-commerce industry grows and traditional brick and mortar retailers struggle, many areas are becoming truly over-parked. Coupled with the move towards autonomous vehicles and multi-modal mobility, the need for automobile parking continues to decline. Therefore, many communities are beginning to regulate parking using a maximum number of parking spaces, and some omit parking standards entirely in favor of regulating only the design and location of parking spaces. This approach allows the business owner to determine the appropriate amount of parking needed to support the business operation.
Mixed use Districts: Traditional planning focused on separating uses into single-use districts. Today’s ordinances focus on inter-mixing compatible uses to create a more livable and walkable community. These districts address potential incompatibilities and context through design standards for lots and buildings.
Digital Access: Printing a long zoning ordinance is cumbersome and expensive. Luckily, the digital age provides an alternative: internet-based ordinances. Ordinances are available online and include hyperlinks, pop-ups, and zoomable graphics and text to make searches and navigation quick and easy and the ordinance more readable. Many communities also have online zoning maps that contain metadata on entitlements including variances, special permits, and rezoning conditions.
Many zoning ordinances require too much parking; many communities are refining their standards and incorporating more flexibility.
General Findings & Specific Recommendations
For the everyday user, a zoning ordinance can be daunting. Ordinances that express regulations in a simple and easily understood manner are desirable. A good ordinance will fit the community and implement its development vision and goals. That is what is evaluated when reviewing and assessing ordinances. Based on best practices, public input, and review of existing ordinances and plans, general findings and specific recommendations have been identified by the consultant and staff that should guide the development of the UDO.
Create a comprehensive, hybrid Unified Development Ordinance: Currently the Area Plan Commission staff administers four different ordinances, two zoning and two subdivision ordinances. While there are similarities, there are also numerous differences, and the staff must navigate these every day. Conversely, the public and developers do not use the ordinances daily, and many developers’ complete projects in both the City and County. This has led to confusion, misinterpretation and misunderstanding by all parties involved. On top of this, the ordinances have not been updated consistently, and changes have left duplication of materials, inconsistencies, and conflicts in standards. The way to fix this problem is by creating a comprehensive, hybrid Unified Development Ordinance. The UDO would be a combined zoning and subdivision ordinance for both the City and County containing everything and using the same definitions, processes, and formats. The approving boards would not change, but all standards would be in one place. The UDO would be organized into similar categories to improve the sequencing of ordinance elements;
reduction in redundancy though consolidation of sections and concepts and, where that is not possible, providing cross-references to related sections; and overall improvement in readability and ease of understanding would be achieved. There would still be separate districts for the City and County to implement their respective vision for the character of development.
Improve overall efficiency, flexibility, and make ordinances simple and predictable: With any ordinance, there is a balance between being predictable and being flexible. The ordinance should enforce the community’s vision and goals while balancing predictability and consistency. The current ordinances do not allow reasonable flexibility and creativity to achieve the intent and in some cases overregulate certain issues. The current ordinance was designed to facilitate greenfield development and does not provide the flexibility or incentive needed to facilitate redevelopment on infill sites.
Address Site Plan Review Process: A good ordinance has common language and is clear enough to allow two or more readers of reasonable intellect to reach the same conclusions regarding requirements and processes. In previous years, amendments to the current ordinance occurred to address issues ad hoc, and as a result, have become cumbersome to administer. The Site Review Processes currently does not facilitate efficient and timely decision-making across the multiple department approvals, sometimes requiring lengthy and costly processes. All processes should be located within one administrative chapter that is easy to find, easy to use, and easy to understand.
Create a clear relationship between plans and the ordinance: The relationship between the comprehensive plan and the ordinance is paramount. The comprehensive plan is a guide for the zoning ordinance giving the Area Planning Commission opportunities to create or update the community’s vision for the future. This vision guides development when incorporated into the ordinance. With the recent update to the 2015-2035 Comprehensive Plan, and the other recent plans like the Millennial Plan, little to no revisions have occurred to many of the ordinances. Therefore, the plan’s vision and recommendations are not grounded in the ordinance, and subsequently the ordinances are not working in the basic way to protect the character of the community, allow creative development, or permit development in the manner desired.
Incorporate graphics and tables: Most ordinances have moved away from the use of lists, like what is used in the current ordinance with the use groups. Updated ordinances use tables to organize and communicate information. There are several opportunities where tables or graphics can be used to convey information that would reduce several pages of text and make interpretation by the public much simpler and faster. Consider the following examples of the effective use of tables in another ordinance. The first is a different way of communicating individual district characteristics.
Staff must navigate these documents every day. Therefore a clear, comprehensive document needs to be developed.
Streamline processes: Like other aspects of life today, those seeking zoning approval want it faster, cheaper, and easier. There is a balance, however, between being responsive to applicants and being responsible to the public to protect the public good. Many communities are responding to these pressures by streamlining approval processes and eliminating delays that do not compromise public trust. The APC office has expedited timelines to most processes as much as possible. However, there are other available processes under Indiana Code that can be used. Some of these include using a hearing examiner to expedite approval processes allowed by the state statutes, and secondary administrative approval of planned unit developments. Additionally, some of the processes are a bit confusing and not as clear as they could be. The appropriateness of each review, approval process, and designated approval authority require additional consideration. Finally, all processes should be located in one chapter rather than scattered throughout the ordinance, and process charts create to help illustrate processes and timelines.
Simplify language: The ordinances are full of planning jargon, legalese, are unnecessarily wordy, or contain unclear statements. During the ordinance update, this language should be simplified and made easier to understand. Language that is confusing or unclear will be made clear. Some common rules that will be followed include:
• Avoid unnecessary wording or jargon and simplify regulations
• Take out legal wording and state simply
• Correct misuse of words
• Avoid longer or more complex words when shorter, simpler ones suffice
• Avoid the use of passive voice and write in as clear and concise a manner as possible
• Ensure consistent punctuation, spelling, and capitalization
An organization chart, or matrix, makes it easier to see what uses are permitted in each district. This allows for an at-a-glance comparison across districts and, conversely, across criteria while lending themselves to be a checklist for staff and applicants.
Article 3 | Zoning Districts
3.04.K. COMMUNITY COMMERCIAL (CC)
PURPOSE
TThe Community Commercial District is intended to provide locations for supermarkets, general merchandise retailers, and offices. It may include large-footprint retail uses as well as smaller outlets or strip centers. The Community Commercial District should be sited along transportation thoroughfares that can accommodate the increased traffic demands these uses can create. INTENSITY
CROSS REFERENCES
Permitted and Conditional Uses
NOTES
1 Must be able to meet all setback, parking, landscape, screening, and similar requirements of this Ordinance.
2 When abutting a residential district.
EXAMPLE DEVELOPMENT CONFIGURATION
District pages, such as the one shown from another community, show a quick overview of the standards for that district and provide cross references for more information all in one place.
Use cross references: The ordinance addresses some common problems that are better addressed in another ordinance. Additionally, standards have been set by other bodies or departments which are not references or inaccurate references in the current ordinances. For example, the Evansville Metropolitan Planning Organization has developed access management standards, but they are not referenced into the subdivision standards. The State has updated small cell requirements. Those are not referenced in the zoning ordinance. For these situations, it is best just to reference the source to eliminate conflicts with these other codes and ordinances instead of trying to write a standard. That way, as changes are made by any other outside entity, the Area Plan Commission and legislative body are not required to update their Ordinance.
Avoid legal pitfalls: Good ordinances contain reasonable standards that are easy to interpret and administer. They do not single out uses or areas without appropriate justification. Good ordinances are current with existing laws and court decisions. In the current ordinances, there are instances where specific uses are treated differently, and some regulations do not seem to have a defined purpose. Still others are very subjective without clear criteria. As noted in the focus groups, there are very little clear criteria for making decisions for some processes. Difficult and conflicting language within various sections of the ordinance make the current ordinances hard to administer and enforce. To remedy that, criteria can be developed for uses that would eliminate the need to go to the Board of Zoning Appeals for an approval of the use. This is one example of where reasonable standards can be created to guide decision making for various planning processes so applicants and the public has predictability to the process.
Reduce the number of nonconformities: Nonconformities in any community are inevitable. This often happens when regulations are changed. When nonconformities are created, it limits the changes a property owner can make to their property. As this process moves forward, having clear, comprehensive language that outlines all types of nonconformities, limitations, and restrictions is very important to a wellfunctioning zoning program. It is also important to allow property owners the ability to make certain changes, even if some nonconformities exist. The UDO will delineate the rules under which nonconformities can exist, how changes can be made, and when properties need to come into conformance and how that should happen.
Simplify zoning districts while protecting the unique character for each district: Districts should be straightforward and implement plans. Over time, many ordinances end up with several districts that don’t fit with the character of a neighborhood or business district. Often times, the purpose of the district doesn’t match any vision or character statement in the comprehensive plan, or as a corridor develops out, an overlay district is no longer needed, or maybe a special district is needed because a new redevelopment plan was created. As conditions change in a community, often, zoning is the last to be changed, especially the districts. Sometimes what is needed is a simplification of a residential district, broadening the uses in a commercial district, or handling special considerations through an overlay zone, or to combine two zoning districts into one. When creating one ordinance for a city and county, care is taken to make sure that the character for each district stays consistent with the development desired or existing on the ground. Each district is given a purpose statement and district standards are reviewed to make sure they reflect that purpose statement and development character.
Compatible infill development: Infill development refers to the construction of new buildings on vacant or underutilized land in already developed areas of the community. It contrasts with greenfield development, where new construction occurs on parcels that have been used for agriculture or open space. For communities that are completely built out, and subsequently don’t have opportunities for greenfield development, infill is the only option. For communities like Evansville that have room to grow, infill is still very beneficial because it can utilize land, infrastructure, and municipal services more efficiently and without the need for service extensions. Additionally, it results in more active streets and neighborhoods by filling in spaces of inactivity.
Infill development can be used as an opportunity to increase urban densities needed to support local businesses, and to maximize use of and capture more revenue for existing public facilities such as water lines, sewer lines, and streets. Infill sites are commonly scattered throughout the community and were once occupied by buildings, or may contain underutilized or abandoned structures. They may range from individual single family lots to larger industrial sites. Where multiple infill sites are adjacent to one another, they may be combined to form a larger redevelopment project. To have a successful infill program, many communities must take a multi-tiered approach. This includes combining a targeted redevelopment strategy to strengthen commercial nodes and neighborhoods; offering incentives for redevelopment; incorporating flexible standards into ordinances; and simplifying processes for review of development on infill sites.
Infill development and redevelopment opportunities exist in Evansville’s urban core as well as other sites around the City. One key issue surrounding infill development is compatibility of the new development with the surrounding buildings and context. Currently, there are very few standards in the zoning or subdivision ordinance that address infill, especially ensuring that it is compatible with adjacent development. It is difficult for many developers to attempt infill development in Evansville rather than greenfield development due to the lack of standards,
lack of incentives, and no comprehensive strategy for infill development. The cost of infill development may also be higher because of the need for demolition, replacement of outdated infrastructure, or remediation of past environmental contamination. For these reasons, it is important to proactively encourage and incentivize infill/redevelopment.
Any infill development should add to the character and increase the value of the surrounding properties and area. Therefore, many communities are now incorporating infill standards that promote contextsensitive redevelopment, often through form-based elements. This will be an important consideration for Evansville’s urbanized areas. Standards make it easier for property owners to develop these remnant lots because they can incorporate flexibility and take into consideration specific site conditions and adjacent building context. Items to consider in the UDO to promote infill development include flexible setbacks, reduction of lot size, increasing permitted lot coverage, allowing vertical mixed-use, permitting multiple dwellings on one lot, lowering floor area minimums, permitting increased density, and reducing parking if located near a jobs center.
Protect the unique aspects & character of each community: Even though Vanderburgh County and Evansville share a geography and many resources through one APC department and staff, each has its own unique development identity – urban, suburban, or rural. Inappropriate development or redevelopment could affect either’s identity. Currently each have their own zoning and subdivision regulations. The Area Plan Commission staff must maintain four different sets of standards. An opportunity exists to have compatible ordinances across the County. For example, there is no need to vary zoning elements that are common to all of Vanderburgh County and Evansville, such as definitions, legal foundation, administration, process, and enforcement. However, the protection of the character and history will be through the zoning districts and use standards. Creating uniformity of these sections of the ordinance will make it easier and more streamlined to do business for property owners and developers by only having one unified document for the City and County.
Specific Recommendations
The specific recommendations below were identified from best practices in planning, trends in planning, public and stakeholder input, review of ordinances which are noted throughout this document. These specific recommendations should be incorporated into the new UDO in a thoughtful way without increasing the complexity of processes, creating unnecessary regulations, and increasing the cost of development. The recommendations below are in no specific order.
• Create or update Rules of Procedure for both the APC and the BZA including Site & Subdivision Review Committees
• Update all processes and move to one chapter in ordinance
• Eliminate use groups and go to a use matrix
• Consider buffer yard requirements
• Add process for making minor changes to plans without having to go back before APC or BZA
• Consider airport overlay district
• Update nonconforming standards to minimize creating new nonconformities
• Clarify ordinance amendment process, especially text & map amendments
• Review whether a mixed-use districts is needed
• Update PUD districts and overlay zones
• Update definitions/procedures for “subdivisions,” “parcelizations,” and “lot line adjustments”
• Address use of storage containers/pods
• Allow Subdivision Review Committee to approve minor subdivisions and subdivision amendments (replats)
• Clarify plat and easement vacation process
• Update sign regulations
• Update cell regulations so they are consistent with state law
• Re-evaluate parking standards
• Review sidewalk standards
• Define agriculture better
• Address residential subdivisions in agricultural districts
• Explore the potential for multiple agricultural districts
• Allow APC to grant “waivers” of development standards
• Address multiple utility easement limiting development area on site
• Update right-of-way standards for roadways potentially based on typologies or contexts
• Update sexually oriented business regulations and massage parlors
• Update process for enforcement/penalties to make it easier to administer
• Develop a user’s guide for the unified development ordinance
• Create an interactive, digital document
• Simplify code language
• Better definitions
• Multi-modal access
• Standards for student housing, especially splitting up single family homes into apartments for students
• Address lot sizes in rural areas
• Address regulations along gateways into the City for curb cuts, amount of signage, height of signage, setbacks of building, types of land uses, etc.
• Address legal notice requirements to reduce cost to applicants
• Address access management for subdivisions and incorporate standards from Access Management Manual from Evansville Metropolitan Planning Organization
• Update subdivision design standards or cross reference to new standards
• Update enforcement standards
• Address specific use needs and issues
◦ Accessory dwelling units
◦ Accessory uses
◦ Family housing
◦ Student housing
◦ New technology and trends
◦ Infill and redevelopment
◦ Mixed use
◦ Kennels
◦ Energy – solar & wind
◦ Letters of credit
◦ Tiny houses – minimum dwelling sizes
◦ Certificate of Occupancy process for Temporary & Final
◦ Updated Thoroughfare Setbacks
◦ Create standard thoroughfare encroachment agreement
◦ Create standard share parking agreement
◦ Update accessory structure standards
◦ Address/define outlots in subdivisions
◦ Assignment of addresses – procedure
◦ Unlicensed/inoperable/abandoned vehicles
◦ Define commercial vehicles
◦ Front yard parking
◦ Consider moving to state’s swimming pool requirements
◦ Review off-street loading standards