Chapter 18.130 DEVELOPMENT STANDARDS

Chapter 18.130
DEVELOPMENT STANDARDS

Sections:

18.130.010 Standards for principal structures and uses on principal lots.

18.130.020 Minimum floor area.

18.130.030 Platting and replatting.

18.130.040 Street frontage.

18.130.050 Setback requirements.

18.130.060 Fences, walls and hedges.

18.130.070 Accessory uses and structures.

18.130.072 Accessory dwelling units (ADUs).

18.130.080 Exclusion from height limitation.

18.130.090 Standards for mixed uses.

18.130.100 Commercial vehicle parking.

18.130.110 Use of residentially zoned property.

18.130.120 Residential lots of record.

18.130.130 House cars, trailers, mobile homes.

18.130.140 Garage or yard sale.

18.130.150 Standards for small cell facilities.

18.130.160 Solar energy systems for on-site consumption, ground, roof or building mounted.

18.130.170 Commercial solar energy generating facilities.

18.130.180 Commercial solar energy generating facilities, community scale.

18.130.190 Commercial solar energy generating facilities, large scale.

18.130.200 Summary chart – Ground-mounted community and large-scale standards.

18.130.010 Standards for principal structures and uses on principal lots.

The standards established by Table A are the standards for principal structures or uses on individual lots, except as otherwise provided in EMC 18.130.050.

TABLE A

Standards for Principal Buildings on Individual Lots
District	Maximum Height (Feet)	Minimum Lot Size (Square Feet)	Minimum Width (Feet)	Minimum Front Yard (Feet)	Minimum Side Yard (Feet)	Minimum Side Yard on a Street Side of a Corner Lot (Feet)	Minimum Rear Yard (Feet)	Lot Coverage	Green Space Required
A	35	6,000	60	256	55	10	25	30%	100% FRONT YARD IN ALL ZONES
R-1	35	6,000	60	256, 7	55	10	25	30%
R-2	35	5,000	50	256, 7	55	10	25	40%
R-3	35	5,000	50	207	55	10	20	40%
R-4	40	5,000	50	207	55	10	20	40%
R-5	150	5,000	50	207	55	10	20	40%
CO-1	35	6,000	60	20	51,5	10	20	40%
CO-2	35	6,000	60	20	51,5	10	20	40%
C-1	35	NONE	NONE	104	51,5	10	NONE1	75%
C-2	50	NONE	NONE	104	NONE1	5	NONE1	75%
C-3	NONE	NONE	NONE	NONE4	NONE1	NONE	NONE1	NONE
C-4	50	NONE	NONE	104	NONE1	5	NONE1	75%
W-R	35	NONE	NONE	202,4	NONE1	5	NONE1	75%
W-I	NONE	NONE	NONE	102,4	NONE3	5	NONE3	75%
AIR	PER FAA	NONE	NONE	NONE3	NONE3	NONE	NONE3	75%
M-1	NONE	NONE	NONE	102,4	NONE3	5	NONE3	75%
M-2	NONE	NONE	NONE	102,4	NONE3	5	NONE3	75%
M-3	NONE	NONE	NONE	102,4	NONE3	5	NONE3	75%
F-1	NONE	NONE	NONE	NONE	NONE3	5	NONE3	10%
PUD	AS APPROVED IN THE DEVELOPMENT PLAN
CON	35	NONE	NONE	NONE	NONE	NONE	NONE	30%

1 See EMC 18.130.050(H).

2 Applies only to lots fronting on a dedicated street right-of-way.

3 See EMC 18.130.050(I).

4 See EMC 18.130.050(J).

5 See EMC 18.130.050(K).

6 See EMC 18.130.050(L).

7 See EMC 18.130.050(M).

[Ord. G-2013-1 §§ 1, 2, passed 2-26-13; Ord. G-2011-7 § 1(G), passed 5-16-11; Ord. G-2009-5 § 1, passed 4-13-09; 1982 Code § 153.015; 1983 Code § 15.153.015.]

18.130.020 Minimum floor area.

Standards for minimum floor area are as follows:

Single-family dwelling	720 square feet
Duplex and multiple dwellings:
Efficiency unit	400 square feet*
One-bedroom unit	500 square feet*
Two-bedroom unit	600 square feet*
Three plus bedroom unit	700 square feet*
* Floor area per unit measured by outside measurements.

[1982 Code § 153.016; 1983 Code § 15.153.016.]

18.130.030 Platting and replatting.

(A) A building or structure, except a building for agricultural uses, may not be constructed on unplatted ground.

(B) A parcel of land platted after the effective date of the ordinance codified in this title must conform to the minimum lot area and lot width established for the district in which it is located.

(C) In all districts, a parcel of land may not be divided into two or more lots until a subdivision plat has been approved and recorded. Subdivision plats, including amended subdivision plats, must conform to the minimum lot area and lots widths established for the district in which they are located. (See EMC Title 17, Subdivisions.)

(D) In all districts adjoining platted lots, those lots having a common lot line and common zoning may adjust their common lot lines without replatting; provided, that the newly created sites meet all requirements of the zoning code for the district and create no additional lot(s).

(E) Corner lots may be refaced; provided, that the newly created sites meet the minimum lot requirements for the district. [1982 Code § 153.017; 1983 Code § 15.153.017.]

18.130.040 Street frontage.

(A) A residential lot must meet the requirements for minimum front lot width in EMC 18.130.010. On a curve, frontage may be measured at the building line.

(B) If a lot is bounded on two opposite sides by streets, minimum front yard setbacks shall be maintained on both front yards. Accessory buildings or structures may not be located in either front yard setback. The Area Plan Commission may make exceptions to this requirement through the subdivision approval process. [1982 Code § 153.018; 1983 Code § 15.153.018.]

18.130.050 Setback requirements.

(A) In all districts, the requirements of EMC 18.130.010 apply to minimum front, rear, and side yards.

(B) If the permitted use does not include buildings, the required yards must still be maintained.

(1) Sills or belt courses may project not over 12 inches into a required yard.

(2) Cornices, eaves, gutters, or other projections from a building or structure may project not over three feet into a required yard, but may not extend closer than one foot to any lot line.

(3) Chimneys, fireplaces, pilasters, bay windows, or similar uses may project not over two feet into a required yard.

(4) Movable awnings may be placed over doors or windows in any required yard, but awnings may not project closer than two feet to any lot line, and may not be vertically supported.

(5) Unenclosed fire escapes, stairways, decks, and balconies may project not over five feet into a required rear yard and not over three feet eight inches into a required side yard. Unenclosed decks and balconies may not project over three feet into a required front yard, but may not extend closer than one foot to any lot line.

(6) Unroofed terraces, patios, or decks, not over three feet six inches above the ground except for railings, may extend five feet into a required front yard, 10 feet into a required rear yard, and three feet into a required side yard, but may not extend closer than one foot to any lot line.

(7) Hoods, canopies, or marquees may project not over three feet into a required yard, but may not extend closer than one foot to any lot line.

(8) With the exception of permitted driveways, all required front yards shall be planted and maintained in grass and/or other natural ground cover which establishes comparable aesthetic standards.

(D) All required yards and setbacks are measured from the property line or the right-of-way line, whichever is more restrictive.

(E) “Front yard” means the yard extending across the full width of the lot between the front line of the building and the front lot line. On a corner lot, the front lot line is the shorter of any two adjacent lot lines having frontage on a street.

(F) “Rear yard” means the yard extending across the full width of the lot between the rear line of the building, structure, or use and the rear line of the lot.

(G) “Side yard” means the yard between the foundation line of any part of the building, structure, or use and the side line of the lot, and extending from the front yard to the rear yard.

(H) If a commercial lot abuts a residential lot, an unobstructed yard at least 10 feet wide shall be provided adjacent to the residential lot. No primary or accessory uses or structures may be placed in this 10-foot yard.

(I) If an industrial or AIR lot abuts a residential lot, or a public, parochial or similar school for students in grades K through 12, or any subset of those grades within that range, an unobstructed yard at least 20 feet wide shall be provided adjacent to the residential lot. No primary or accessory uses or structures may be placed in this 20-foot yard.

(J) If a commercial or industrial lot abuts a residential lot in the same block frontage, the yard requirements in the residential district apply to the commercial or industrial district.

(K) On lots smaller than 40 feet in width, the boundaries of which were established by conveyance or plat before the enactment of this title, a percentage computation will apply: Every lot shall have a side yard on each side, each of which shall be at least 10 percent of the width of the lot and the aggregate width of both side yards on any lot shall be at least 25 percent of the width of the lot.

(L) A 20-foot front yard for residential lots with frontage on a cul-de-sac.

(M) Within Pigeon Township, the front yard may be reduced for single-family and duplex uses to the average setback of other existing residential principal structures within the same block, subject to the following:

(1) The depth of the front yard is not less than 10 feet.

(2) There is at least 15 feet of green space between the edge of the pavement (sidewalk or, if no sidewalk exists, back edge of the curb) and the front of any new residence or residential addition.

(3) The depth of the front yard for any front-loading garage attached to a residence is not less than 20 feet.

(4) Setback averaging shall be computed pursuant to the following:

(a) No homes built after 1980 shall be included in the averaging;

(b) Where there are residences on less than 50 percent of the home sites within the block, the calculation of the average setback can include an adjacent block along the same street;

(c) Where all homes have been demolished within the block and on the same side of the street, averaging is not required as the minimum setback must only comply with subsections (M)(1) and (2) of this section. [Ord. G-2013-1 § 3, passed 2-26-13; Ord. G-2011-7 § 1(H), passed 5-16-11; Ord. G-89-17, passed 5-24-89; Ord. G-76-10, passed 2-28-77. 1962 Code, Art. 9, Ch. 3, § 4; 1982 Code § 153.019; 1983 Code § 15.153.019.]

18.130.060 Fences, walls and hedges.

(A) The height of fences, walls, or hedges in required yard setbacks may not exceed the following:

(1) Three feet in all required front yards on corner lots, and four feet in all other required front yards;

(2) Six feet along a side or rear lot line of residential property;

(3) Eight feet along a side or rear lot line of nonresidential property.

(B) A six-foot impassable fence shall surround all swimming pools, all accessories thereto, and all entries thereto. Swimming pools shall include but are not necessarily limited to pools over two feet in depth at any point. Swimming pools shall not include lakes.

(C) All junkyards, salvage yards, storage yards, outside storage areas, commercial vehicle and equipment parking lots, scrap yards, scrap metal reduction operations, garbage reduction operations, or similar operations to any of the above shall be completely enclosed with an opaque fence not less than eight feet high. This fencing requirement is mandatory for all storage areas for inoperable vehicles or inoperable equipment in conjunction with repair shops or similar operations when such storage areas abut residential areas or are visible from public thoroughfares. [Ord. G-89-17, passed 5-24-89; Ord. G-78-13, passed 5-8-78; Ord. G-76-10, passed 2-28-77. 1962 Code, Art. 9, Ch. 3, § 5; 1982 Code § 153.020; 1983 Code § 15.153.020.]

18.130.070 Accessory uses and structures.

(A) A structure or use that is clearly incidental to a principal structure or use, and is located on the same lot or on an adjacent, undeveloped lot with the principal structure or use and in the same ownership, is an accessory use. All accessory uses are subject to the restrictions in this section.

(B) All accessory uses and structures must meet the following requirements:

(1) Accessory uses and structures must be operated and maintained under the same ownership and use as the principal use or structure, and must be a permitted use in the zoning classification in which they are located.

(2) Accessory structures must be subordinate in height and area to the principal residential structure, and accessory uses must be subordinate in purpose to the principal use.

(3) One accessory structure may be located on an otherwise undeveloped lot adjacent to a lot containing a principal residential structure where both lots are under common ownership if the following requirements are met:

(a) The accessory structure must meet the minimum front yard, and side yard on a street side of a corner lot, setback as established by EMC 18.130.010 and Table A;

(b) The accessory structure must be erected and maintained without any permanent foundation or utilities; and

(4) For the purpose of this subsection:

(a) “Area” means lot coverage, as used in EMC 18.130.010 and Table A;

(b) “Adjacent” means a lot sharing a common lot line with another lot; and

(c) “Common lot line” includes both platted common lot lines and the centerline of an alley separating two lots where the lots would otherwise share a platted common lot line if the alley did not exist or if the alley were vacated, but does not otherwise include the centerline or any other portion of a street.

(5) In a rear or side yard, all residential accessory structures not attached to or part of the principal residential structure shall be located at least two feet from any lot line. All residential accessory uses attached to or part of the principal residential structure must meet all minimum requirements as established by EMC 18.130.010 and Table A.

(6) Accessory structures must not be erected prior to the principal residential structure.

(7) No structure shall be located in or over any easement or within the right of entry of any regulated drain as defined in IC 36-9-27. [Ord. G-2017-08 § 1, passed 6-14-17; Ord. G-2017-06 § 3, passed 4-25-17; Ord. G-89-17, passed 5-24-89; Ord. G-84-36, passed 11-26-84; Ord. G-76-10, passed 2-28-77. 1962 Code, Art. 9, Ch. 3, § 6; 1982 Code § 153.021; 1983 Code § 15.153.021.]

18.130.072 Accessory dwelling units (ADUs).

An ADU shall only be permitted on a lot with a single-family home or duplex as the principal residential use. This type of dwelling is intended to remain accessory to the principal use, and, due to special restrictions on their design and nature, ADUs will not substantially change the land use character of a site. The purpose of the ADU restrictions is to ensure over time a level of consistency with the preexisting land use on these properties. The following ADU requirements and standards are established herein to preserve the preexisting residential character:

(A) Dimensional ADU Requirements.

(1) Size in floor area (using outside measurements): minimum – 400 square feet; maximum – 800 square feet or the floor area of the principal structure, whichever is less.

(2) The minimum rear setback shall be 10 feet, while all other setbacks shall meet the minimum setbacks in EMC 18.130.010 Table A, Standards for Principal Buildings on Individual Lots, unless located in an existing, lawfully constructed, accessory building to be converted to an ADU.

(3) EMC 18.130.070(B)(5), allowing residential accessory structures to be located within two feet from any side or rear lot line, does not apply to ADUs.

(4) Shall only be permitted on lots that are 5,000 square feet or larger.

(5) Shall be allowed to increase the lot coverage in EMC 18.130.010 Table A by a maximum of 10 percent above the percentages shown in the table for the appropriate zoning districts.

(B) General ADU Requirements.

(1) Only one ADU shall be permitted per principal residential structure.

(2) Shipping or storage containers, mobile homes, recreational vehicles, other motor vehicles, travel trailers, and boats shall not be permitted as an ADU.

(3) Must remain accessory to the principal residential use and shall not be sold separately, or otherwise be divided from, the principal use.

(4) Shall not be built on a vacant lot prior to the construction of a principal structure, however it may be built simultaneously with or after the principal structure.

(5) May straddle the lot line of an adjacent vacant lot, as long as both lots are commonly owned.

(6) The owner of the property shall live in either the principal structure or the ADU, and shall sign an affidavit to be filed with the ADU application committing to comply with the requirements of this section; and shall record a deed or title restriction in the Vanderburgh County Recorder’s office stating that: “Either the principal residence or the ADU shall be occupied by the property owner(s) of record as their primary residence.”

(7) For properties with an ADU, the limit of five unrelated persons in the definition of “family” provided as part of EMC 18.05.030, Definitions, shall apply to an entire property including the principal residential use and the associated ADU.

(8) If the principal structure is or will be connected to the public water main and sanitary sewer, any ADU on the property shall also be connected to these utilities to the satisfaction of the Water and Sewer Utility; and the applicant for an ADU shall submit documentation of Water and Sewer Utility approval for connecting to the public water main and sanitary sewer prior to issuance of an improvement location permit.

(9) If the principal structure is or will be served by a septic system for sanitary waste disposal, the applicant shall submit documentation of Health Department approval for either connecting to that septic system; or to a new, second system on the property (provided the Health Department determines that there is adequate space for a second septic system); before issuance of an improvement location permit.

(10) If at any time the City of Evansville determines that the subject property is in violation of this title, including the deed or title restriction for owner occupation of the principal residence/ADU, approval of the ADU shall be withdrawn through revocation of the improvement location permit for the ADU, and the ADU shall be removed from the property, including the ADU kitchen and any of its related facilities.

(11) Any violation(s) of this title that exist(s) on the property at the time of application shall be resolved prior to issuance of an improvement location permit for an ADU.

(1) May be located in line with the front of the principal structure, but shall not be closer to the street in front of the principal structure.

(2) Shall not exceed the height of the principal structure.

(3) In the R-1 district, shall maintain the appearance of a single-family dwelling.

(4) In the R-1 district, side, rear or shared entrances are allowed; while only one entrance is permitted along the front of the principal structure and on any ADU addition facing the front.

(5) In the R-2 district, shall maintain the appearance of a duplex, with a maximum of two entrances along the front of the principal structure and any ADU addition facing the front.

(6) For ADUs that are to be internal conversions, the remaining space for the principal dwelling shall meet EMC 18.130.020, Minimum floor area, as required for single-family dwellings or duplexes, whichever is applicable.

(D) Detached ADUs:

(1) In the R-1 district, the location shall be behind the principal structure so that the property maintains the appearance of a single-family dwelling.

(2) Shall not exceed the height of the principal structure, unless located in an existing lawfully constructed second floor of an accessory building to be converted to an ADU. [Ord. G-2023-8 § 3, passed 6-14-23.]

18.130.080 Exclusion from height limitation.

Penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the building; fire or parapet walls; skylights; television aerials; steeples; cupolas; flagpoles; chimneys; smokestacks; wireless masts; water tanks; grain elevators; silos; gas containers; industrial installations requiring a vertical production procedure such as flour mills, steels mills and refineries; or similar structures may be erected above the height limits. However, no penthouse or roof structure or any space above the height limit may be used for residential, commercial or industrial use. [1982 Code § 153.022; 1983 Code § 15.153.022.]

18.130.090 Standards for mixed uses.

(A) If a structure contains both a residential use and a nonresidential use and the gross floor area occupied by the residential use exceeds 25 percent of the total floor area of the structure, the structure is a residential use and must conform with the regulations of the R-5 residential district.

(B) If the gross floor area occupied by the residential use is 25 percent or less of the total floor area of the structure, the structure is a nonresidential use and must conform with the regulations of the commercial district in which it is located. [Ord. G-76-10, passed 2-28-77. 1962 Code, Art. 9, Ch. 3, § 10; 1982 Code § 153.023; 1983 Code § 15.153.023.]

18.130.100 Commercial vehicle parking.

(A) Commercial vehicles and equipment, other than those used in the principal use, may not be parked or stored on property in an A, R-1, R-2, R-3, R-4, R-5, CO-1, CO-2, C-1, C-2, or C-3 district. Vehicles designed and intended for agricultural use are permitted in agricultural zoning districts.

(B) A commercial vehicle originally designed or intended as a private passenger vehicle (pickup trucks up to and including one-ton pickup trucks, passenger vans, automobiles, or station wagons) which has been materially or structurally altered for use in connection with a commercial use may be parked on residential property when used as a commuter vehicle by the owner or resident of the premises. However, said vehicles while parked on the property may not be loaded with trash or debris. [Ord. G-89-17, passed 5-24-89; Ord. G-76-10, passed 2-28-77. 1962 Code, Art. 9, Ch. 3, § 11; 1982 Code § 153.024; 1983 Code § 15.153.024.]

18.130.110 Use of residentially zoned property.

Residentially zoned property may not be used for public access to nonresidential property. [Ord. G-89-17, passed 5-24-89; Ord. G-76-10, passed 2-28-77. 1962 Code, Art. 9, Ch. 3, § 12; 1982 Code § 153.025; 1983 Code § 15.153.025.]

18.130.120 Residential lots of record.

Any lot in a recorded subdivision may be considered a lot suitable for building purposes. A lot of record which existed in its present configuration and size prior to 1957 may be considered a lot suitable for building purposes. [Ord. G-89-17, passed 5-24-89; Ord. G-76-10, passed 2-28-77. 1962 Code, Art. 9, Ch. 3, § 13; 1982 Code § 153.026; 1983 Code § 15.153.026.]

18.130.130 House cars, trailers, mobile homes.

The following may not be used as living or sleeping quarters within the City except when within the confines of an approved mobile home court:

(A) Recreational vehicles;

(B) Trailers;

(D) Manufactured homes with an inside area of less than 720 square feet. [Ord. G-89-17, passed 5-24-89; Ord. G-76-10, passed 2-28-77. 1962 Code, Art. 9, Ch. 3, § 17; 1982 Code § 153.027; 1983 Code § 15.153.027.]

18.130.140 Garage or yard sale.

(A) A garage or yard sale may be conducted not more than two times in any one calendar year on any premises located in any R-1, R-2, R-3, R-4, R-5, CO-1, and CO-2 zone; no sale shall be conducted for more than three consecutive days.

(B) All personal property exhibited for sale outside any structure during such garage or yard sale shall be removed from the outside and placed within a structure immediately following the last day of such sale. All signs erected for such garage or yard sale shall likewise be removed. [Ord. G-89-17, passed 5-24-89. 1982 Code § 153.028; 1983 Code § 15.153.028.]

18.130.150 Standards for small cell facilities.

(A) Small cell facilities on utility poles or other wireless support structures are permitted uses in any zoning district. Small cell facilities owned or operated by commercial telecommunication providers and placed on new (not preexisting) support structures are subject to the requirements of this section.

(B) Small cell facilities, including the support structure, must not exceed the height requirements of the underlying or the adjacent zoning district (if in the right-of-way), or 50 feet in height, whichever is less.

(C) Site Review Committee approval must be obtained for all small cell facilities and support structures that are subject to the requirements of this section and will require submission of the following:

(1) Commercial site plans meeting the requirements for commercial review by the Site Review Committee, including a surveyor certification of the exact location of the support structure from property lines and center lines of abutting streets or rights-of-way;

(2) Structural plans including elevation and plan views showing height above grade level and dimensions, and information demonstrating the ability of the support structure to safely accommodate the facilities, including, if applicable, information regarding other facilities co-located or planned for co-location on the support structure;

(3) Evidence in any form, written or otherwise, demonstrating that no existing structure can accommodate applicant’s proposed facilities, either because there are no existing structures meeting the applicant’s engineering requirements within the geographic area that the facilities are intended to serve, or, if there are structures in the geographic area, evidence that such structures do not have sufficient dimensions or structural strength to meet the applicant’s engineering requirements. This section shall not be interpreted to mandate, but rather only to encourage, co-location. [Ord. G-2019-8 § 2, passed 6-25-19.]

18.130.160 Solar energy systems for on-site consumption, ground, roof or building mounted.

(A) Compliance with the limited standards and requirements specific to on-site consumption systems (having a solar array of less than 10 acres in size) established herein allows installation of such a system without obtaining an improvement location permit as long as the energy generated is at least partially used on site for the principal use.

(B) Size for Ground-Mounted Systems.

(1) Systems for on-site consumption with a solar array of 10 acres or more shall meet the requirements for large-scale systems in EMC 18.130.170 and 18.130.190, and Chapter 18.145 EMC.

(2) For systems in the A, R-1 or R-2 districts where the lot or parcel contains a principal residential structure, the solar array shall not be larger than the footprint of the structure unless:

(a) The system is located on a lot or parcel of two and one-half acres or more, in which case the array may exceed the footprint of the structure, but shall not exceed 5,000 square feet; or

(b) The system is on a lot or parcel that also contains an active agricultural use.

(C) Location. Solar energy systems for on-site consumption are permitted in all zoning districts; however, ground-mounted systems shall be prohibited in certain settings as described below:

(1) In front yard setbacks, and in side yard setbacks on the street side of a corner lot;

(2) In front of the principal structure or use unless:

(a) They are located at least 200 feet from the front property line; or

(b) They are located in an AIR, C-4, M-1, M-2, M-3 or W-I district;

(3) In any easement or right-of-way;

(4) Over an operational septic field unless approved by the Vanderburgh County Health Department; or

(5) Within any storm water conveyance system in a manner that would alter or impede water flow into a constructed storm water conveyance system.

(D) Height.

(1) While roof- or building-mounted solar energy systems are exempt from the height standards of any zoning district, roof-mounted systems that are visible from the right-of-way (excluding alleys) must meet the following additional standards:

(a) Systems mounted on pitched roofs shall be no more than 10 inches above the roof as measured parallel to the roof line; and

(b) In A, R-1 and R-2 districts, systems mounted on flat roofs shall not exceed five feet above the finished roof when oriented at maximum tilt.

(2) Ground-mounted solar energy systems shall not exceed 15 feet in height when oriented at maximum tilt. Systems attached to light or utility poles are exempt from this height requirement, but shall not exceed the maximum height for the zoning district.

(3) Solar carports (including the supporting structure and the array) in nonresidential districts shall not exceed 20 feet in height when oriented at maximum tilt.

(E) Setbacks (Superseding or in Addition to Those Shown in EMC 18.130.010, Table A).

(1) Roof- or building-mounted solar energy systems shall not project into the front setback of the district in which the lot is located.

(2) Solar energy systems may be located in a side yard setback that is not on a street corner, or in a rear yard setback, as long as they meet the following requirements:

(a) Roof- or Building-Mounted Solar Energy Systems. The collector surface and mounting devices for solar energy systems shall not overhang the roof of a building to the extent that they project closer than two feet from a property line. Solar collectors mounted on the sides of buildings and serving as awnings are building-integrated systems and are regulated as awnings. Exterior piping for solar hot water systems shall be allowed to extend beyond the perimeter of the building on a side yard exposure except when the structure is built to the property line.

(b) Ground-Mounted Solar Energy Systems. The collector surface and mounting devices shall not be located closer than two feet from a side or rear property line, even where there is no minimum district side or rear yard setback.

(3) Setback distance should be measured from the nearest corner or edge of the solar energy array to the property line.

(F) Visibility. Solar energy systems in residential districts that are visible from the public right-of-way shall meet the following:

(1) Roof-mounted systems on pitched roofs shall have the same finished pitch as the roof (does not apply to flat roofs).

(2) All solar energy systems using a reflector to enhance solar production shall be designed so that they do not cause glare onto adjacent properties or into the right-of-way where it could present a safety hazard for street traffic.

(G) Lot Coverage and Accessory Structure Area.

(1) Ground-mounted systems shall be exempt from lot coverage or impervious surface standards where there is vegetation under the collector.

(2) Ground-mounted systems shall not count toward any maximum accessory structure area.

(H) Other Requirements. Building-integrated solar energy systems are permitted if the building component in which the system is integrated meets all required setbacks, land use, and performance standards for the district in which the building is located. [Ord. G-2022-5 § 2, passed 6-14-22.]

18.130.170 Commercial solar energy generating facilities.

(A) General requirements for commercial solar projects are established herein and apply to both types of commercial solar energy generating facilities: community scale and large scale.

(B) Location.

(1) Commercial solar energy systems are prohibited in:

(a) Front yard setbacks, and in side yard setbacks on the street side of a corner lot;

(b) Any easement or right-of-way;

(d) Within any storm water conveyance system in a manner that would alter or impede water flow into a constructed storm water conveyance system.

(C) Height. Commercial solar energy generating facilities shall not exceed 20 feet in height when oriented at maximum tilt.

(D) Setbacks.

(1) Setback distance should be measured from the nearest corner or edge of the solar energy generating facility array (excluding security fencing, screening, or berm) to the property line or the residential structure whichever applies.

(2) Property line setbacks between separate parcels which are participating in a solar energy system project, where one of the parcels contains a residence, may be waived upon written agreement of the landowner(s) and such agreement shall be recorded, and a recorded copy provided to the Area Plan Commission as part of any rezoning or special use petitions, or submittals for an improvement location permit application.

(E) Screening.

(1) Due to the large amounts of land area that can be involved in commercial solar energy generating facilities, two types of landscaped buffers (street and property buffers) with required tree plantings are established herein to help screen these facilities and mitigate any potential impacts.

(a) Street Buffer. Along any portion of a solar energy generating facility located adjacent to a street, a landscape buffer with tree plantings is required to be installed and maintained through the life of the project to help enhance the visual appeal of the roadside. The landscape buffer shall comply with the following:

(i) It shall be located between the edge of the street right-of-way and the perimeter fencing, and can be within the setback area.

(ii) Berms may be incorporated in the buffer area, as long as all plantings are installed along the street side of the berm.

(iii) Only trees from the small and medium size tree lists in Appendixes B and C of the Evansville Arboricultural Specifications Manual (hereafter referred to as “the Manual”) shall be planted in a street buffer.

(iv) The number of trees required to be planted over the total street frontage shall be calculated at: one tree for every 25 linear feet.

(b) Property Buffer. Screening in the form of a landscape buffer with tree plantings is also required to be installed and maintained through the life of the project to help provide transition between the proposed commercial solar energy generating facility and any abutting residential use(s), and to enhance the visual appeal of the site border. The requirements for the property buffer are:

(i) The trees shall be located along the length of the common property line between the commercial solar energy generating facility site and an abutting parcel that contains a residence and that does not contain a commercial solar energy generating facility.

(ii) Placement of the trees shall also be on the exterior edge of the setback between the property line of the abutting residential property and the perimeter fence.

(iii) Only evergreen trees from the tree lists in the appendixes of the Evansville Arboricultural Specifications Manual shall be planted in a property buffer (except for arborvitae trees which are not allowed).

(iv) Trees shall be spaced at the minimum separation as recommended in Section 4.4.6 of the Manual (one-third of the mature canopy spread or width as shown on the tree lists) so that at maturity they will generally form a continuous screen.

(v) No screening is required when the abutting residential structure is more than 400 feet from the solar array.

(vi) Along an improved right-of-way where both types of buffers could be required due to an abutting residence, the property buffer shall supersede, meaning that the street buffer requirement would not apply.

(i) A variety of tree species shall be included (native species preferred).

(ii) All tree stock shall be balled and burlapped.

(iii) Size at planting – meet specifications in Section 4.2 of the Manual.

(iv) Prohibited Trees. No dwarf or multi-trunk trees are allowed.

(2) Details on the number and location of tree species to be planted to meet these landscape requirements shall be shown on a landscape plan prepared by a registered landscape architect and submitted to the APC with an improvement location permit application and site plan. The landscape plan drawing shall be reviewed for a recommendation by a temporary member of the site review committee with expertise in trees (arborist) to be appointed by the Director, and considered in the permit approval process.

(3) Where there are established trees along the site perimeter, the petitioner may provide documentation that the existing trees provide adequate screening, as an alternative to the required plantings, and any existing trees that will provide buffer screening shall be shown on the landscape plan. The tree expert (arborist) appointed to review the landscape plan must consider whether the use of existing trees provides screening equivalent to or better than the required plantings.

(4) The Director may grant waivers or partial waivers of the landscaping requirements where it is reasonable and justified due to specific site conditions or use of existing trees for screening, but only when the appointed tree expert (arborist) recommends that the plantings be waived.

(5) Guidance on planting methods and tree maintenance is also included in the Manual.

(F) Power and Communication Lines. Power and communication lines running between banks of solar panels and to nearby project electric substations or interconnections with buildings shall be buried underground.

(G) Fencing. Perimeter fencing for the site shall not include barbed wire or razor wire designs.

(H) Other Standards and Codes. All solar energy system projects shall comply with all applicable local, State and Federal regulatory codes, statutes, ordinances, and permit requirements, including without limitation those addressing building standards, erosion and sediment control provisions, nonpoint pollution discharge elimination system permit requirements and storm water drainage plans.

(I) Site Plan and Additional Submittals. In addition to having the appropriate zoning for a commercial solar energy generating facility, an applicant shall submit to the Area Plan Commission an improvement location permit application and a site plan for commercial site review in accordance with EMC 18.170.010(B), along with the following in regard to a proposed solar project:

(1) The site plan shall include: locations for the solar array, landscaping, fencing, power grid to be connected to, the location of the connection and its easements, and any other related equipment/structures on the site.

(2) If applicable, commitment letters from the utility company(ies) involved for the purchase of electricity to be generated on the proposed site, and/or interconnection letter/agreement for grid-tied solar energy systems.

(3) If required, a landscaping plan and the other plan submittals as specified in this chapter.

(4) Normal and emergency shutdown procedures, potential hazards to adjacent properties, public roadways and to the community in general that may be created.

(5) A name and phone number of the person responsible for inquiries and complaints throughout the life of the project. The owner/operator shall make reasonable efforts to respond to all inquiries and complaints.

(6) Provide a copy of the final construction plans (as-builts) to the APC and to all the site review committee agencies with the required dimensions shown. The Director and the site review agencies will determine whether the as-builts meet requirements for issuance of a certificate of occupancy.

(7) It is the responsibility of the owner or operator listed in the application to inform the Area Plan Commission of all changes of ownership and operation during the life of the project, including the sale or transfer of ownership or operation, and to update as needed the contact information for the person responsible to respond to inquiries and complaints.

(J) Aviation Protection. For solar projects located within the AIR district, within 500 feet of the boundary of the AIR district, or within approach zones of an airport, the applicant must complete and provide the results of a qualitative glare analysis of potential impact, field test demonstration, or geometric analysis of ocular impact in consultation with the Federal Aviation Administration (FAA) Office of Airports, consistent with the Interim Policy, FAA Review of Solar Energy Projects on Federally Obligated Airports, or its most recent version adopted by the FAA. Documentation of FAA approval of the analysis shall be provided to the Area Plan Commission before an improvement location permit can be issued. [Ord. G-2022-5 § 2, passed 6-14-22.]

18.130.180 Commercial solar energy generating facilities, community scale.

(A) Standards and requirements specific to community-scaled solar (on sites less than 10 acres in size) are established herein to ensure that these facilities fit appropriately into the community with minimal impact on surrounding uses.

(B) Rooftop Shared Solar.

(1) Rooftop systems are permitted in all districts without a special use;

(2) Height. Can exceed the maximum height for the district as long as the solar panels are not taller than 10 feet above the roof line.

(1) Setbacks (superseding or in addition to those shown in EMC 18.130.010, Table A).

(a) All solar energy system arrays shall have at least a 20-foot setback from any improved right-of way that abuts the solar energy system site;

(b) The setback along any solar system property line that is adjacent to a residential use or district shall be a minimum of 20 feet;

(2) Screening. Due to the tighter urban spaces that may be typical for community-scaled solar projects, the trees used for the street and property buffers shall have a width of 25 feet or less as shown on the tree lists in the Manual.

(3) Ground Cover.

(a) The petitioner shall plant, establish and maintain for the life of the project perennial vegetative ground cover on the solar energy system site including the landscaped tree buffer areas.

(b) The use of pollinator seed mixes and native or naturalized species for this ground cover is strongly encouraged.

(4) Decommissioning.

(a) Upon filing the site plan for the project, the petitioner shall also submit a written decommissioning and site restoration commitment signed by the owner. This commitment shall acknowledge the owner’s intent to comply with the requirements of this section for discontinuation of the commercial energy generating activity on the site.

(b) At least 60 days before discontinuing the commercial energy generating activity on the site, the owner shall provide to the APC a written notice of intent to decommission the project including a proposed date for completion of final decommissioning.

(c) All structures, foundations, roads, other surface gravel, concrete or pavement areas, and cables associated with the project shall be removed.

(d) The ground surface of the site shall be restored so that it is reasonably similar to its preconstruction condition.

(e) The work to remove the project assets of the solar energy system must be completed no later than one year from the proposed date of final decommissioning provided in the notice. [Ord. G-2022-5 § 2, passed 6-14-22.]

18.130.190 Commercial solar energy generating facilities, large scale.

(A) Standards and requirements specific to ground-mounted, large-scale solar (on sites of greater than 10 acres) are established herein to address potential impacts of these facilities on surrounding uses.

(B) Setbacks (superseding or in addition to those shown in EMC 18.130.010, Table A).

(1) When locating adjacent to a parcel that contains a residence and that does not contain a commercial solar energy generating facility, the solar array shall be set back a minimum of 50 feet from the common lot line(s) between the two properties, or 250 feet from the principal residential structure, whichever is greater.

(2) Property line setbacks between separate parcels which are participating in a solar energy system project, where one of the parcels contains a residence, may be waived upon written agreement of the landowner(s) and such agreement shall be recorded, and a recorded copy provided to the Area Plan Commission as part of any rezoning petition or submittals for an improvement location permit application.

(3) When locating adjacent to a right-of-way for any public road, the solar array shall have a 40-foot setback from the right-of-way.

(4) Setbacks for all other property lines shall meet the district setback or be a minimum of 10 feet whichever is greater.

(C) Screening. Trees acceptable for planting in a property buffer for a large-scale solar project shall be evergreens from the medium tree lists in Appendix C of the Manual.

(D) Ground Cover.

(1) Ground around and under solar panels and in buffer areas shall be planted, established, and maintained for the life of the solar project in perennial vegetated ground cover meeting the definition of “pollinator-friendly habitat” in EMC 18.05.030, except in any areas of the site where agrivoltaics will be incorporated.

(2) A pollinator-friendly seed mix and native plants plan, referred to herein as the “ground cover plan,” shall be prepared by a registered landscape architect, a certified ecologist or a licensed horticulturalist and submitted to the Area Plan Commission with the proposed site plan for review by the Site Review Committee.

(3) In regard to the seed mix and the implementation of the ground cover requirements, the applicant shall complete and submit the most recent version of the Indiana Solar Site Pollinator Habitat Planning Scorecard developed by Purdue University, or a similar third-party solar pollinator standard designed for ecosystems and conditions found in the midwest.

(4) The ground cover plan shall be reviewed for a recommendation by a temporary member of the Site Review Committee with expertise in landscaping, ecology or horticulture to be appointed by the Director, and such recommendation shall be considered in the permit approval process.

(5) If scorecard results show that the project does not meet the habitat standard (less than 100), the applicant shall submit revisions to the seed mix/ground cover plan so that it meets the habitat standard; or detail the site conditions that prevent the project from qualifying with the desired minimum habitat score and propose an alternative means of meeting the habitat and water quality goals of the pollinator-friendly standard.

(6) Alternatives to the ground cover plan may be submitted for consideration by the Area Plan Commission, but can only be approved if the alternative first receives a positive recommendation from the local expert appointed to review the ground cover plan in combination with the City Engineer or County Surveyor. Any approval for an alternative ground cover plan shall be granted as part of the rezoning process and recorded with the County Recorder. Approval for a ground cover alternative is not required where agrivoltaics will be incorporated.

(7) Best management practices for the ongoing maintenance of the pollinator-friendly habitat shall be used so that the ground cover plantings can get established and thrive throughout the life of the project. Sites that do not meet these requirements will be in violation of this section.

(8) The solar energy system site shall be planted and maintained to be free of invasive or noxious species, as listed by the Indiana Invasive Species Council.

(9) No insecticide use is permitted on the site, except for use within on-site buildings, around electrical boxes, or for spot control of noxious weeds.

(E) Fencing. Perimeter fencing for the site shall be wildlife-friendly allowing for small- to medium-sized, ground-based animals to pass through the bottom portion of the fence, or to pass underneath the fence through appropriately sized and spaced piping or other means. Alternative fencing can be used if the site is incorporating agrivoltaics.

(F) Site Plan and Additional Submittals. An applicant for a solar energy generating facility, large-scale, shall submit to the Area Plan Commission an improvement location permit application and a site plan for commercial site review in accordance with EMC 18.170.010(B), along with the following in regard to a proposed solar project as required in this chapter:

(1) If required, a landscaping plan showing the type of trees and the locations of required buffer plantings;

(2) A ground cover plan showing the locations and other details of the required pollinator plantings;

(3) A decommissioning and site restoration plan to address restoring the site to an acceptable condition at the end of the project’s life; and

(4) Other submittals as required herein.

(G) Decommissioning.

(1) A decommissioning plan shall be submitted to the APC with an improvement location permit application to ensure that facilities are properly removed after their useful life. The decommissioning plan should address the following items:

(a) The anticipated life of the project;

(b) The estimated cost of decommissioning and restoration, net of salvage value, in current dollars;

(2) The applicant shall submit a letter of credit, performance bond or surety bond to the Area Plan Commission prior to issuance of the improvement location permit in the amount of the approved decommissioning cost estimate to ensure that funds will be available for decommissioning and restoration.

(3) Periodic review of the cost estimate to account for inflation and current removal costs shall be completed every five years, for the life of the project, and be provided to the Area Plan Commission for approval, and any increase in the cost estimate shall be addressed in a corresponding amendment to the surety amount.

(4) Decommissioning of the system must occur in the event the project does not produce power for 12 consecutive months. An owner may petition for an extension of this period upon showing of reasonable circumstances that have caused the delay in the start of decommissioning.

(5) At least 60 days before discontinuing the commercial energy generating activity on the site, the owner shall provide to the APC a written notice of intent to decommission the project including a proposed date for completion of final decommissioning.

(6) All structures, foundations, roads, other surface gravel, concrete or pavement areas, and cables associated with the project shall be removed.

(7) The ground surface of the site shall be restored so that it is reasonably similar to its preconstruction condition.

(8) All structures that are no longer used at the site shall be removed within six months from the end of the 12-month period referred to above unless a time extension is approved by the Area Plan Commission. [Ord. G-2022-5 § 2, passed 6-14-22.]

18.130.200 Summary chart – Ground-mounted community and large-scale standards.

SITE CRITERIA	COMMUNITY-SCALE SOLAR SYSTEMS	LARGE-SCALE SOLAR SYSTEMS
Size	Less than 10 Ac.	10 Ac. or more
Setbacks	Adjacent to a residence 20 ft. min	the greater of 50 ft. from the lot line or 250 ft. from a residence
	Adjacent to improved R-O-W 20 ft. min.	Adjacent to improved R-O-W 40 ft. min.
	Meet district setback or 5 ft. whichever is greater	Meet district setback or 10 ft. whichever is greater
Height	20 ft. max.	20 ft. max.
Tree Buffer: Adjacent to a Residence;	Yes	Yes, except when a residence is greater than 400 ft. away
Adjacent to R-O-W	Yes	Yes, 1 tree every 25 LF
Ground Cover – Pollinator Plantings	Yes, encouraged	Yes, required

ZONING DISTRICTS
AIR	Permitted1	Permitted1
A	Permitted	Special Use
Residential and PUD	Special Use	Prohibited
CO-1, CO-2, C-1 and C-2	Special Use	Prohibited
C-3 (CBD)	Prohibited	Prohibited
C-4	Permitted	Special Use
W-R	Special Use	Prohibited
W-I	Permitted	Special Use
Manufacturing	Permitted	Permitted

FOOTNOTE: Solar energy systems located within the EVAAD require prior approval of the EVAAD.

[Ord. G-2022-5 § 2, passed 6-14-22.]