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§ 152.020  CONFORMANCE REQUIRED.
   (A)   Use. No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, expanded, or enlarged except in conformity with all the provisions of this chapter, and after the necessary permits have been obtained.
   (B)   Height. No building or structure shall be erected or constructed nor shall any existing building or structure be reconstructed, moved, expanded, or enlarged so as to exceed the height limitations established in this chapter.
   (C)   Lot coverage. No building or structure and its accessory uses shall be erected or constructed nor shall any existing building or structure and its accessory uses be reconstructed, moved, expanded, or enlarged so as to occupy a greater percentage of a lot than the limits established in this chapter.
   (D)   Open space. No yard or open space or off-street parking or loading space provided about a building or structure for the purpose of complying with the provisions of this chapter shall be considered as providing yard, open space, or off-street parking or loading space for any other building or structure. No yard or lot existing at the time of the enactment of this chapter shall be reduced in dimension or area below the minimum standards provided in this chapter. Yards or lots created after the enactment of this chapter shall meet all requirements established herein.
(Ord. 1991-07, passed 1-7-1991)  Penalty, see § 10.99
§ 152.021  UNLAWFUL USE.
   Any building, structure, or use which is in violation of the provisions of this chapter, shall be considered to be a nonconforming building, structure, or use under the terms of this chapter. Any building, structure, or use which became not lawful after the effective date of Ordinance 1991-07, January 7, 1991, and which is in violation of the provisions of this chapter, shall be considered unlawful.
   (A)   Continuation and change of use. Except as otherwise provided in this section:
      (1)   The nonconforming use of a building or structure lawfully existing at the time this chapter became effective, may be continued only as a nonconforming use; and
      (2)   The nonconforming use of a building or structure may be changed only to a use of the same, or more restricted classification.
   (B)   Expansion prohibited. A nonconforming use of a building or structure designed for a conforming use shall not be expanded or extended into any other portion of such conforming building or structure nor changed except to a conforming use.
   (C)   Discontinuance. Whenever a nonconforming use has been discontinued for a period of six months, such use shall not thereafter be established and any further use shall be in conformity with the provisions of this chapter, except that the six-month period of discontinuance shall not apply to uses which are customarily closed for a greater portion of a year’s time.
   (D)   Damage. No building damaged by fire, or other causes to the extent of more than double its assessed value shall be repaired or rebuilt except in conformity with the provisions of this chapter.
   (E)   Maintenance permitted. A nonconforming building or structure may be maintained, except as otherwise provided in this section.
(Ord. 1991-07, passed 1-7-1991)  Penalty, see § 10.99
§ 152.022  LOT COVERAGE OF YARDS.
   No single-family, two-family or multiple-family dwelling, together with accessory buildings or structures, shall occupy more than the following percentages of the total area of the lots, exclusive of right-of-ways:  R-1 and R-2 Residence Zones - 45% lot coverage.
(Ord. 1991-07, passed 1-7-1991)  Penalty, see § 10.99
§ 152.023  SETBACKS MEASURED FROM RIGHT-OF-WAY.
   When an official plan for the major and secondary highways in the city shall have been adopted by the City Council, then all setbacks for buildings and structures shall be measured from the proposed right-of-way lines as expressed in such plan. For the purpose of this chapter, the right-of-way of any street shall be deemed to be 40 feet unless a larger right-of-way is required on the Official Thoroughfare Plan for the city, in which case the larger right-of-way shall control.
Spicertown (West Austin)
Spicertown (West Austin)
Alexander Drive (also known as Tibbs Street)
50 feet
Cyprus Street
50 feet
Dowling Street
40 feet
Gibson Drive
50 feet
Kenwood
50 feet
Lawnview Drive
50 feet
New York Street
50 feet
Penn Street
50 feet
Tibbs Street
50 feet
York Road
40 feet
 
South Austin
South Austin
1st Street
50 feet
2nd Street
50 feet
3rd Street
40 feet
4th Street
40 feet
5th Street
40 feet south to Cross, 50 feet south to York Road
6th Street
40 feet
7th Street
30 feet
Cherry Street
40 feet east to First, 38 feet east to Railroad
Cross Street
50 feet
East Street
40 feet
High Street
40 feet
Howard Street
35 feet
Kelly Drive (same street as Sycamore)
40 feet
Main Street
60 feet
Oak Street
50 feet
Plum Street
40 feet
Railroad Street
60 feet
Sycamore Street
40 feet
Short Street
50 feet
York Road
40 feet
 
North Austin
North Austin
1st Street
40 feet
2nd Street
40 feet
3rd Street
40 feet
4th Street
40 feet
Ardrey Lane
50 feet
Bank Street
40 feet
Blunt Avenue
40 feet
Bond Street
30 feet, 40 feet north of Bank
Booe Road
30 feet
Broadway Street
60 feet
Church Street
35 feet, 30 feet north of Rural
Clay Street
50 feet
Dana Avenue
50 feet
DeHart Drive
50 feet
English Street
60 feet
Enterprise Street
40 feet
Factory Drive
30 feet
Future Drive
Gary Avenue
50 feet
High Street
40 feet
Keith Street
40 feet
Linden Drive
50 feet
Mann Avenue
40 feet (50 feet north of Rural, 35 feet south of Morning)
Maple Street
40 feet
Morgan Avenue
Morning Drive
35 feet
North Street
40 feet, 50 feet east of Mann
Paulanna Avenue
30 feet, 50 feet at Church
Pearl Street
50 feet
Rice Street
50 feet, 40 feet west of Church
Rural Street
40 feet
South Street
40 feet
Spring Street
30 feet
Union Avenue
40 feet
Wade Street
50 feet
Walnut Street
40 feet
Wilbur Avenue
50 feet
 
(Ord. 1991-07, passed 1-7-1991)  Penalty, see § 10.99
§ 152.024  MANUFACTURED HOUSING.
   It is the intent of this section to encourage provision of alternate modest income housing in general residential areas by permitting the use of certain manufactured homes, as defined herein, in all districts in which similar dwellings constructed on site are permitted, subject to the requirements set forth herein to assure acceptable similarity in exterior appearance between such manufactured homes and dwellings that have been or might be constructed under these and other lawful regulations on adjacent or nearby lots in the same district.
   (A)   Permanent placement. The establishment, location, and use of manufactured homes as scattered-site residences shall be permitted in any zone permitting installation of a dwelling unit, subject to the requirements and limitations applying generally to such residential use in the appropriate zone, and provided such homes shall meet the following requirements and limitations.
      (1)   The home shall meet all requirements applicable to single-family dwellings, and possess all necessary improvement location, building, and occupancy permits and other certifications as required by this chapter.
      (2)   The home shall meet the minimum square footage requirements for the appropriate zone.
      (3)   The home shall be attached and anchored to a permanent foundation in conformance with the regulations in the Indiana One and two-family Dwelling Code and with manufacturer’s installation specifications.
      (4)   The terms of division (A) above shall apply to the placement of manufactured housing located outside mobile home parks only.
      (5)   The exterior siding material on the home shall extend below the top of the foundation by at least one inch.
      (6)   A dwelling unit fabricated on or after January 1, 1981, in an off-site manufacturing facility for installation or assembly at the building site, bearing a seal certifying that it is built in compliance with the federal Manufactured Housing Construction and Safety Standards Code or Indiana Public Law 360, Acts of 1971, as promulgated by the Indiana Administrative Building Council. Should a court, either federal or state, determine that the fabrication date of January 1, 1981, is arbitrary or a violation of any federal or state right, including equal protection laws, this chapter shall not be interpreted to exclude fabricated dwelling units constructed after July 15, 1976, which manufactured homes comply with all HUD Code requirements.
   (B)   Temporary placement.
      (1)   Permitted placement.  The placement of manufactured homes built prior to January 1, 1981, and mobile homes shall be permitted within the corporate limits of the city, and outside of mobile home parks, on a temporary basis in the following circumstances:
         (a)   For use of a manufactured home or mobile home as a caretaker’s quarters or a construction office at a job site;
         (b)   For use of a manufactured home or mobile home as a temporary residence, located on the building lot, during the course of construction of a site-built dwelling and when the Board of Zoning Appeals has approved the temporary placement by granting a variance to the owner or contract buyer who is in the process of constructing said site-built dwelling after obtaining a building permit for same; or
         (c)   For use of a manufactured home or mobile home as a temporary residence, located adjacent to an existing residence, when the Board of Zoning Appeals has approved the temporary placement by granting a variance to the owner or contract buyer whose own health or the health of another necessitates care and where the facts show that an unnecessary hardship would occur if not permitted to locate a temporary residence adjacent to the residence of one who is able to provide such care or is in need of such care.
      (2)   Provisions regulating permitted placement. A temporary use permit shall be obtained prior to placement of a manufactured home or mobile home for temporary use as herein defined. For use of a manufactured home or a mobile home as temporary residences, placement shall be additionally subject to:
         (a)   Applicable health provisions for sanitary facilities;
         (b)   Providing an adequate ground anchor; and
         (c)   Setback provisions as stated in the appropriate zone.
      (3)   Time limitations for temporary placement. A temporary use permit may be issued for a period not to exceed one year. A variance, when granted under the circumstances herein described, shall not exceed one year. A variance may be renewed, at the discretion of the Board of Zoning Appeals, for an additional one-year period by requesting such an extension through the established procedures for filing an appeal except that the normal filing fee shall be waived in cases of medical hardship as herein defined.
      (4)   Utility requirements. Manufactured or mobile homes used for temporary uses shall have an approved water supply, sewage disposal system, and utility connections, where appropriate, and at the discretion of the Plan Commission or its designated administrator.
      (5)   Permit fee. A temporary use permit shall be issued by the Plan Commission’s designated administrator. The fee shall be $25 and is in addition to all other required permits for utilities and sewage disposal systems.
   (C)   Violation.
      (1)   Subject to removal. A mobile home or manufactured home, placed upon property in violation of this chapter, shall be subject to removal from such property. However, the home owner must be given a reasonable opportunity of not more than 60 days to bring the property into compliance before action for removal can be taken. If action finally is taken by the appropriate authority to bring compliance, the expenses involved may be made a lien against the property.
      (2)   Removal method. The Plan Commission or the Board of Zoning Appeals or their designated administrator may institute a suit in an appropriate court for injunctive relief to cause such violation to be prevented, abated, or removed.
(Ord. 1991-07, passed 1-7-1991)  Penalty, see § 10.99
§ 152.025  PUBLIC UTILITIES.
   The provisions of this chapter shall not be construed to limit or interfere with the construction, installation, and maintenance of public utility transmission facilities.
(Ord. 1991-07, passed 1-7-1991)  Penalty, see § 10.99
§ 152.026  YARDS AFFECTED BY STREET WIDENING.
   Where a building is located on property acquired for public use by condemnation, purchase, or otherwise, such building or structure may be relocated on the same lot or premises although the area provisions of this chapter cannot be reasonably complied with. Furthermore, where a part of such building or structure is acquired for public use, the remainder of such building or structure may be repaired, reconstructed, or remodeled.
(Ord. 1991-07, passed 1-7-1991)  Penalty, see § 10.99
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