The Audubon Residential District is intended to promote pedestrian friendly, mixed-use, urban development, consistent with the historic character and uses of the defined area. This includes promoting the redevelopment and infill of smaller urban lots, in close proximity to commercial uses. The intent of the district is as follows:

1.

Provide a walkable mixed-use area that is inviting to the residents, pedestrians, existing businesses, and the travelling public.

2.

Encourage and maintain a pedestrian friendly and sustainable environment, with development standards suitable to preserve the historic character and built form of the community, as described and identified by the Sustainable Evansville Area Coalition Sustainability Today plan.

3.

Provide for a harmonious mix of uses and development standards that is compatible with an urban residential environment.

4.

Encourage urban infill development on narrow existing lots of record that otherwise would not be permitted in the other residential zoning districts, while also allowing the use of existing mixed-use structures.

(Ord. No. 35-13, 12-10-13)

Boundary of Audubon Residential District. The boundary of this Article XXXI—Audubon Residential District shall be the area so labeled and depicted in the official zoning map, which is incorporated herein by reference.

(Ord. No. 35-13, 12-10-13)

1.

Permitted Uses. The following uses are permitted:

(a)

Single-family dwellings.

(b)

Two-family dwellings (duplexes).

(c)

Reserved.

(d)

Townhouses in accordance with Section 4.05.

(e)

Accessory buildings or uses customarily incidental to any of the permitted uses, when located on the same lot and not involving any business, profession, trade or occupation.

(f)

Community gardens.

(g)

Home occupation as defined in Section 4.38.

(h)

Mixed-uses.

i.

Mixed use buildings:

Existing structures containing both residential dwelling units and non-residential commercial uses as found herein: residential dwelling units may be located on the ground floor of mixed-use buildings provided that a minimum of one thousand five hundred (1,500) square feet of non-residential floor areas is located on the ground floor, or when all the following criteria are met:

1.

The building is a minimum of two (2) stories in height;

2.

Commercial or office uses are restricted to the ground floor unless a conditional use permit is obtained;

3.

Each ground floor dwelling unit is at the rear of the building, behind a commercial or office use, unless a conditional use permit is obtained.

ii.

Neighborhood retail sales and services:

The use must be located in an existing structure, originally constructed for neighborhood business, or located within any mixed-use building, with the following criteria:

1.

The gross floor area of the original structure may be expanded with a conditional use permit.

2.

Retail sales and services that have been traditionally found in older urban neighborhoods. Typical uses include grocery shops, butcher shops, delicatessens, fruit and vegetable markets, ice cream shops, bakeries, cafes, pharmacies, music shops and schools, dance studios, antique shops, shoe repair, restaurants without drive-thrus, clothing and apparel stores, barber and beauty shops, and similar uses as determined by the codes administrator.

3.

Bars, banks with drive thrus, and restaurants with drive-thrus are permitted with a conditional use permit.

iii.

Professional offices:

The following professional office uses, may be allowed as permitted uses in existing or new buildings originally constructed for neighborhood business, or mixed-use purposes:

1.

Medical, dental, optometry, chiropractic offices, architecture and engineering offices, attorney, title or other legal offices, professional services including real- estate, insurance, property management, tourism and travel, marketing, design, and other related professional services.

2.

Such professional office uses shall only be permitted on the first floor of a mixed use building unless a conditional use permit is obtained.

2.

Conditional uses.

(a)

Funeral homes.

(b)

Nonprofit public and private facilities.

(c)

Schools, libraries, churches and other facilities normally incidental thereto, provided that there is adequate access to all required off-street parking areas, on-site parking spaces as required in Section 9.01 are provided, and there is no parking in the required front yard (see Section 31.05 parking (2)(a).

(d)

Bed and breakfast inns.

(e)

Family child-care home, with the following limitations:

i.

There shall be a maximum of ten (10) children allowed in the home of which no more than six (6) shall be unrelated to the care provider. No more than four (4) children under twelve (12) months of age nor more than six (6) children under six (6) years of age, including the provider's own or related children, shall be kept in the home.

ii.

No person may be employed that is not a resident of the premises.

iii.

Otherwise fully complies with the provisions of a home occupation as provided in Section 2.01 of this zoning ordinance.

(f)

Class A manufactured homes, as defined in "Article II. Definitions, Section 2.01. Definitions," with the following limitations:

(1)

Manufactured home shall meet all acceptable installations standards of Class A manufactured housing as provided in section 2.01 of this Code; and

(2)

Manufactured home shall meet all acceptable appearance standards of Class A manufactured housing as provided in section 2.01 of this Code; and

(3)

In the granting of a variance, in no instance shall the front yard setback be less than the average front setback that exists on the nearest developed lots on the same block that front on the same side of the street as the subject lot, in accordance with the following rules:

a.

Lots that front on a different street than the subject lot or that are separated from the subject lot by a street may not be used in computing the average;

b.

When the subject lot is a corner lot, the average setback will be computed on the basis of the two (2) nearest developed lots that front on the same side of the street as the subject lot;

c.

When the subject lot abuts a corner lot fronting the same street, the average setback will be computed on the basis of the abutting corner lot and the nearest two (2) lots that front on the same street as the subject lot; and

(4)

In the granting of a variance, in no instance shall either side yard setback be less than five (5) feet; and

(5)

In the granting of a variance, in no instance shall the rear yard setback be less than ten (10) feet; and

(6)

In the granting of a variance, in no instance shall any permanent structure be permitted to be placed in a public utility or drainage easement.

(Ord. No. 35-13, 12-10-13; Ord. No. 23-20, 10-27-20)

1.

Contextual front setbacks. Contextual front setbacks shall be as deep as the average front setback that exists on the nearest developed lots on the same block that front on the same side of the street as the subject lot, in accordance with the following rules:

a)

Lots that front on a different street than the subject lot or that are separated from the subject lot by a street may not be used in computing the average;

b)

When the subject lot is a corner lot, the average setback will be computed on the basis of the two (2) nearest developed lots that front on the same side of the street as the subject lot;

c)

When the subject lot abuts a corner lot fronting the same street, the average setback will be computed on the basis of the abutting corner lot and the nearest two (2) lots that front on the same street as the subject lot.

(Ord. No. 35-13, 12-10-13)

Parking requirements shall satisfy the requirements of Article IX unless specified herein.

1.

Audubon Residential District Parking Reduction. Due to the unique characteristics of the Audubon Residential District, including the existence of street parking, all existing mixed-use buildings, and single-family dwelling units, are allowed a one hundred (100) percent parking exemption from the required on-site parking spaces as set forth in Section 9.01. All other uses must satisfy parking requirements as set forth in Section 9.01. This reduction shall not be construed as an exemption to or reduction of required ADA compliant handicap parking.

2.

Location.

a)

No on-site parking or parking areas are permitted in the front yard of any single family house, duplex, townhouse, or commercial uses, except for driveways connecting to the rear or side off-street parking area.

3.

Shared parking. If parking is to be provided, it is recommended that the applicant utilize shared parking. Shared parking arrangements for non-residential uses with different hours of operation may be approved provided the shared parking arrangement satisfies the following requirements:

a)

If the applicant provides satisfactory evidence that up to one hundred (100) percent of the parking required for a daytime use is to be supplied by the off-street parking spaces provided by a nighttime or weekend use, or vice versa.

b)

The applicant must provide evidence that no substantial conflict in the principal operating hours of the uses for which shared parking is proposed, exists.

c)

Office, retail, and other similar uses are considered daytime uses.

d)

Auditoriums, religious assembly, entertainment, and eating and drinking establishments, and other similar uses, are considered nighttime and weekend uses.

e)

Shared parking must be no more than six hundred fifty (650) feet walking distance from the property in question.

f)

A written agreement providing for the shared use of parking, acceptable to the codes administrator, shall be executed by the appropriate parties and filed with the Henderson County Court Clerk's Office, and copies shall be provided to the city codes and planning office. Shared parking privileges will continue in effect only as long as the agreement, binding upon both parties, remains in force. If the agreement is not in force, the normal parking standards will then apply.

(Ord. No. 35-13, 12-10-13)

1.

Utility location. Utility services shall be located underground when practical. Exceptions to the requirements of underground utilities are:

a)

Major electric transmission lines responsible for transporting power through the area rather than to the area;

b)

Where the codes administrator determines that the underground utility location is not practical, above grade utilities shall be located behind structures in a utility "alley" easement approved by the applicable utility authority where practical.

(Ord. No. 35-13, 12-10-13)

Article X of the zoning ordinance applies; additional district signage regulations herein shall apply only for existing mixed use buildings as defined in Section 31.03(h):

1.

Wall signage.

a)

Each business will be allowed one (1) wall-mounted sign per street frontage, up to ten (10) percent of the surface area of the wall area.

2.

Pedestrian signage.

a)

Pedestrian oriented signs are designed and intended for pedestrians to easily read the signage of the business, as they stand on the sidewalk adjacent to the business;

b)

One (1) pedestrian oriented sign is permitted per business, in addition to existing on-site signage allowances of Article X;

c)

Such pedestrian sign shall be either a projecting sign, an awning sign, or attached to the facade.

d)

If the pedestrian sign is a wall or awning sign in type, it must not exceed eight (8) square feet in size.

e)

Projecting signage is allowed with the following conditions:

i.

All signs shall comply with applicable provisions of the Kentucky Building Code and the National Electrical Code adopted by the City of Henderson;

ii.

The sign must not exceed sixteen (16) square feet in size;

iii.

The sign shall not be placed lower than ten (10) feet above grade;

iv.

The maximum height of the sign shall be sixteen (16) feet in height or the bottom of the second floor window or wall, whichever is less;

v.

The sign shall not project more than six (6) feet from the facade of the building;

vi.

If the sign encroaches over a city sidewalk, an encroachment permit issued by the city is required;

vii.

No projecting sign may encroach over any roadway, public or private;

viii.

Signs in the public right-of-way, including sandwich board signs, are permitted as per the requirements of Section 10.08(d).

3.

Permitted sign materials.

a)

Masonry or monument signs;

b)

Wood: painted, stained, or natural;

c)

Metal;

d)

Plastic, when used for individual letters and symbols only.

4.

Prohibited signs.

a)

Flashing, traveling, animated, LED, or back-lit signs, of all types are prohibited;

b)

Illuminated signs that cast any glare into any residential or mixed use residential unit are prohibited.

5.

Signs allowed by conditional use permit granted by the board of zoning adjustment.

a)

Pole, pylon and cabinet type signs that meet the following conditions:

i.

Fifty square feet and less than or equal to ten feet high.

ii.

If back lit, need documentation that shows that the light will not be intrusive, etc.

(Ord. No. 35-13, 12-10-13; Ord. No. 02-17, 2-14-17)