Loading...
§ 152.031  FENCES, WALLS, HEDGES.
   (A)   A fence, screen, or wall not more than eight feet in height, or a hedge of thick growth of shrubs or trees maintained so as not to exceed eight feet in height may be located in any side or rear yard in any zone, provided they shall not extend beyond the front wall of the building, beyond the average setback of the buildings on the adjacent lots.
   (B)   Fences, screens, walls, shrubs, and trees extending beyond the front wall of the building shall not exceed 42 inches in height and, when located in the yard along the street sides of a corner lot, must comply with § 152.030. Trees, shrubs, flowers, and plants are not covered by this provision provided they do not produce a hedge effect.
   (C)   This provision shall not be interpreted to prohibit the erection of an open mesh type fence enclosing a farm, school, or playground site.
   (D)   The Limited Industrial, Intense Industrial, and Airport Development Zones if any are adopted herein, are exempt from the above provisions in that the abovesaid provisions shall not be interpreted to prohibit the erection of a fence, screen, wall, shrub, or trees not to exceed eight feet in height.
(Ord. 1991-07, passed 1-7-1991)  Penalty, see § 10.99
§ 152.032  DIVISION OF A LOT.
   No lot or parcel of land shall be hereafter divided into two or more lots or parcels of land unless all lots or parcels of land resulting from such division shall conform with the provisions of this chapter. Any division of a lot or parcel of land which shall result in a violation of this section shall make the buildings or structures on said lot or parcel of land unlawful.
(Ord. 1991-07, passed 1-7-1991)  Penalty, see § 10.99
§ 152.033  ACCESSORY USES AND STRUCTURES.
   (A)   Definition.
      (1)   General definition.
         (a)   Accessory uses/structures shall be permitted in all zones in accordance with the provisions of this section. Accessory uses/structures:
            1.   Shall be incidental and commonly associated with the operation of the principal use of the lot;
            2.   Shall be operated and maintained under the same ownership and on the same lot as the principal use;
            3.   Shall, in residence zones, be clearly subordinate in height, area, and bulk to the principal use served;
            4.   Shall not be located closer to any lot line than the minimum setback line required, unless specified otherwise in this chapter; and
            5.   Shall not be permitted, in residence zones, prior to the erection and operation of the principal use.
         (b)   Such appurtenant features as walks, driveways, curbs, drainage installations, mailboxes, lamp posts, bird baths, fences, walls, uncovered patios, outdoor fireplaces, doghouses, tree houses, playground apparatus, waterfalls, or permanent landscaping shall be considered incidental uses/structures and not as accessory uses/structures subject to the provisions herein.
      (2)   Types of accessory uses/structures.
         (a)   Such buildings or structures as garages, carports, canopies, portechocheres, bath houses, cabanas, gazebos, storage buildings, greenhouses, guardhouses, video-satellite disks, fallout shelters, and similar accessory building or structures;
         (b)   Signs, as regulated in §§ 152.090 through 152.097 of this chapter;
         (c)   Swimming pools. Swimming pools in residence zones may be installed only as accessory to a dwelling for the private use of the owners and occupants of such dwelling and their families and guests, or as accessory to a nursery school or day camp for children, and only on the conditions as follows:
            1.   Such pool shall be installed in the rear yard of the premises;
            2.   There shall be erected and maintained at minimum a good quality fence not less than five feet in height enclosing the entire portion of the premises upon which such pool shall be installed and entirely surrounding the area in which such pool is located; and
            3.   Every gate or other opening in the fence enclosing such pool, except an opening through the dwelling or other main building of the premises, shall be kept securely closed and locked at all times when the owner or occupant of the premises is not present at such pool.
         (d)   Amateur radio sending and receiving antennae, provided the height thereof including masts shall not exceed 75 feet measured from the finished lot grade at the base of the tower;
         (e)   Management office in multi-family dwelling complex and other structures providing services normally associated with tenants’ convenience; and
         (f)   Rummage sales as defined in this chapter.
   (B)   Height: setbacks. In any residence zone, an accessory building shall not exceed 17 feet in height and, when located in the rear yard, shall not be closer than three feet to the side and rear lot lines. In non-residence zones, an accessory building shall not exceed the height provision as established in the appropriate zone and, when located in the rear yard, shall not be closer than three feet to the side and rear lot lines.
   (C)   On corner lot. Accessory buildings located on the street side of a corner lot shall be setback a minimum the same distance as that required for the main building. If the main building setback is less than the required setback, then the accessory building shall be setback a minimum of the average of the main building setback and the setback of the main building on the adjacent property (or the required setback of the adjacent property, whichever is the least).
   (D)   On side yard. For an interior lot, an attached accessory building, or garage located on the side yard of a dwelling, shall be considered a part of the dwelling and not an accessory building and shall comply with the provisions of this chapter.
(Ord. 1991-07, passed 1-7-1991)  Penalty, see § 10.99
§ 152.034  NONCONFORMING USES AND STRUCTURES.
   (A)   General. Within the zones established in this chapter, there exist nonconforming uses and structures which may continue to exist in accordance with the following provisions. The intent and goal of this section and this chapter is to lessen nonconforming uses and structures.
   (B)   Lots. In any zone permitting only single-family dwellings, a single-family dwelling shall be permitted on a lot which does not comply with the width and area requirements of this chapter, provided such lot was of record at the time of enactment of this chapter, and provided further that adjustments in yards are in accordance with provisions of this chapter. If two or more lots or parts of lots are in single ownership and enjoy continuous frontage at the time of the enactment of this chapter, and if all or part of such lots do not meet the width and area standards contained in this chapter, the lands involved shall be considered to be an undivided parcel. No portion of said parcel shall be used in a manner which may reduce compliance with the provisions of this chapter.
   (C)   Uses of land; abandonment. A nonconforming use of land shall not be enlarged, expanded, nor extended to occupy a larger area of land than was occupied at the time of the enactment of this chapter. A nonconforming use may be extended throughout any part of an existing structure which was arranged for such use prior to the enactment of this chapter. Such use shall not be moved in whole or in part to another location on the lot or parcel of land other than that occupied by the use at the time of the enactment of this chapter. If any such use ceases for a period of more than six months (except when government action or legal proceedings impede access to the premises, as determined by the Board of Zoning Appeals), any subsequent use of such land shall conform with the provisions of this chapter unless 66% or more of the surrounding uses of land within a 660-foot radius are also nonconforming uses of the same restriction as said subsequent use, thereupon, the proponent of said subsequent use shall apply for a certificate of nonconformity under the established procedures and additionally provide signed affidavits affirming the existence of surrounding nonconforming uses, as herein defined, of the same restriction. Said six-month limitation shall constitute an abandonment of the nonconforming use. Provided however, a property owner may commence repairs on restoration as provided in § 152.035 within said six-month limitation and will not be declared an abandonment if said repairs are completed within a reasonable time.
   (D)   Structures. A nonconforming structure shall not be moved in whole or in part to another location on the lot or parcel of land unless said relocation would bring the structure into conformance with the provisions of this chapter. If a nonconforming structure is made to conform, any future expansion or enlargement of said structure shall be in conformance with the provisions of this chapter. A nonconforming structure may be expanded or enlarged provided such expansion or enlargement would not further encroach upon the nonconforming characteristic of the structure.
   (E)   Substitutions. A nonconforming use may be changed to another nonconforming use of the same or greater restriction provided said change does not cause further violation of the performance standards of this chapter.
(Ord. 1991-07, passed 1-7-1991)  Penalty, see § 10.99
§ 152.035  REPAIRS AND RESTORATION.
   Nothing in this chapter shall prevent the repair of a nonconforming structure. Should such nonconforming structure or nonconforming portion of a structure be destroyed by any means, it may be reconstructed provided it does not further encroach upon the structure. Nothing shall prevent the repair of a structure containing a nonconforming use and, where the structure is destroyed by any means, the resumption of said use shall be subject to the provisions of § 152.034(C).
(Ord. 1991-07, passed 1-7-1991)  Penalty, see § 10.99
§ 152.036  PROOF OF NONCONFORMITY.
   (A)   A certificate of nonconformity shall transfer with ownership of property and shall be considered proof of a legal nonconforming use with said use being subject to the applicable provisions of § 152.034.
   (B)   Upon written request by the Administrative Zoning Officer or by his or her own volition, the owner of a property shall present documentary evidence to said Officer that a building or use owned by him or her qualifies as a legal nonconforming use.
(Ord. 1991-07, passed 1-7-1991)  Penalty, see § 10.99
§ 152.037  GENERAL EXCEPTIONS.
   (A)   Structures other than buildings. Towers, chimneys, stacks, spires, penthouses, cupolas, water tanks, silos, windmills, monuments, domes, grain elevators, and like structures may be built to a greater height than established in this chapter, except in the approach area of any airport where no structure shall be built which exceeds the maximum height permissible under the rules and regulations of any governmental agency. (See also § 152.054(A).)
   (B)   Projections. Cornices, eaves, sills, canopies, or similar architectural features, but not including bay windows or vertical projections, may extend or project into a required side yard not more than 18 inches and maximum of 36 inches into a front or rear yard. Any enclosed porch shall be considered as part of the main building.
   (C)   Setbacks. Where a new building or an addition to an existing building is proposed on a lot which adjoins two or more lots occupied by buildings, the setbacks for such new building or addition to an existing building shall be the main setback of the buildings on each side of the new building or addition to an existing building.
   (D)   Residential side yard. For a lot having a width of not less than 40 feet and not more than 50  feet at the building line at the time of the enactment of this chapter, residence buildings may have a minimum side yard of ten feet.
(Ord. 1991-07, passed 1-7-1991)  Penalty, see § 10.99
ZONES
§ 152.050  DIVISION INTO ZONES.
   In order to carry out the purposes of this chapter, the incorporated territory of the city is hereby divided into zones or districts paying reasonable regard to existing conditions, the character of buildings erected in each zone, the most desirable use for which the land in each zone may be adapted, and the conservation of property values throughout the city.
(Ord. 1991-07, passed 1-7-1991)
§ 152.051  CLASSES OF ZONES.
   The incorporated territory of the city is hereby divided into the following zones:
   (A)   A - Agriculture Zone;
   (B)   R-1 Residence Zone;
   (C)   R-2 Residence Zone;
   (D)   LBP Local Business and Professional Office Zone;
   (E)   GBC General Community Business Zone;
   (F)   IL Limited Industrial Zone;
   (G)   IIM Intense Industrial Zone/Manufacturing;
   (H)   FA Flood Area Zone;
   (I)   AD Airport Development Zone; and
   (J)   MHR Mobile Home Residence Zone.
(Ord. 1991-07, passed 1-7-1991)
§ 152.052  ZONE MAPS.
   (A)   General. The zones referred to in § 152.051 and their boundaries, are shown upon maps which are hereby made a part of this chapter. Such maps are designated as the “Zone Maps for the City of Austin, Indiana.” The maps and all notations, references, and other information shown thereon shall be as much a part of this chapter as if matters set in them were all fully described in this chapter.
   (B)   Identification and recording. All city zone maps shall be identified by the signature of the President of the City Council, and shall be attested by the City Clerk-Treasurer and shall bear the seal of the city. Following the adoption of the city maps by the proper legislative authority, a copy of this chapter, inclusive of zone maps, shall be filed with the City Clerk-Treasurer, and the Recorder of the County of Scott, Indiana.
   (C)   Zone boundaries. Where any property is indicated in the zone maps as acreage and is not subdivided into lots, or where a zone boundary line shall be determined by using the scale shown on the map, zone boundaries are intended to follow lot lines, property lines, railroad right-of-ways, city and county limits, shore lines, lines of streams, canals, lakes or other bodies of water. Where a boundary divides a lot which was in single ownership at the time of the enactment of this chapter, the zone applying to the larger portion of the lot shall be considered as extending to the entire lot. If each portion of the lot is equal in size, then the most restrictive zone shall apply to both portions of the divided lot.
   (D)   Restoration. In the event any official zone map may become damaged, destroyed, lost, or difficult to interpret due to physical deterioration or the nature and number of changes made, the City Council may by ordinance and after public hearing adopt a new official zone map.
   (E)   Changes. No changes shall be made to the zone maps of the city except in full conformity with the procedures set forth in this chapter. Zone maps shall be revised every year in December, and all zone changes officially adopted by the proper governmental body shall be incorporated on the maps. The maps as updated shall be submitted to the Plan Commission for its consideration. If the Commission is satisfied that the changes are correct, it shall forward the maps to the City Council for adoption. Once adopted, a copy of the updated maps shall be filed with the City Clerk-Treasurer and the Recorder of the County of Scott, Indiana.
   (F)   Street vacation. Whenever a street, road, alley, railroad right-of-way, or other public way is officially vacated, the zones on each side of such vacated way shall be extended to the center of such street, road, alley, railroad right-of-way, or public way. This change shall be automatically achieved and shall not require following procedures established in this chapter for proposed zone changes.
   (G)   Annexation. Any territory officially annexed to the city shall retain the same zone or zones as it had when the territory was unincorporated.
   (H)   Similar uses. Similar uses to those permitted in each zone may be allowable. Whether a certain use is similar to a use listed in a specific zone, such similarity shall be determined by the Plan Commission under established procedures.
   (I)   Procedural. Each proposed zoning change referred to the City Council shall set forth the exact use, for which the petitioner is requesting the change. If the City Council acts favorably on the requested change, such change shall be only for the specific use requested by the petitioner and for no other use. Should the petitioner wish to change the use from the use originally granted but within the same general zone, he or she shall submit a new petition and follow established procedures as for a new change in zoning.
      (1)   Should the petitioner to whom a zone change is granted for a specific use fail to begin construction or installation of a use approved by the City Council within one year after the passage of the change of zone, the Zoning Officer shall the inform the City Council, which may initiate the proceedings to rezone the property subject of the zone change to its original classification.
      (2)   Within 60 days prior to the expiration of the one-year period, the petitioner may present the City Council with a bill of particulars setting forth reasons for failure to commence construction or use. The City Council may consider said reasons in deciding whether or not to initiate a change  in zone as herein provided.
(Ord. 1991-07, passed 1-7-1991)
§ 152.053  GENERAL RESTRICTIONS.
   (A)   No building shall hereafter be erected or altered:
      (1)   To exceed the height;
      (2)   To accommodate or house a greater number of families;
      (3)   To occupy a greater percentage of lot area; or
      (4)   To have narrower or smaller rear yards, front yards, side yards, or outer courts, than are specified herein for the district in which such building is located.
   (B)   No part of a yard or other open space required about any building for the purpose of complying with the provisions of this chapter shall be included as a part of a yard or other open space similarly required for another building.
   (C)   Every building hereafter erected shall be located on a lot as herein defined. In no case shall there be more than one residential building and its accessory buildings on a lot. Multiple dwellings or group housing may be considered as one main residential building.
   (D)   There shall be two side yard setbacks of an interior lot, each being a minimum ten feet in width measured at right angles to the side property lines.
   (E)   There shall be two side yard setbacks of a corner lot. The side yard adjoining the street shall be a minimum of 45 feet in depth measured from the right-of-way line to the side wall of the building. The side yard adjoining the adjacent property shall be a minimum of ten feet in width measured at right angles to the side property line.
   (F)   There shall be a rear yard setback of a minimum 20 feet in depth measured from the rear property line to the rear wall of the building.
   (G)   No building or structure shall exceed 45 feet in height.
   (H)   The minimum floor area of any dwelling shall be not less than 950 square feet, exclusive of garages, carports, open porches or breezeways. The dimensions of the dwelling shall be not less than 20 feet in width nor less than 24 feet in depth, however, a manufactured or mobile home which was manufactured after January 1, 1981, which is not less than 950 square feet which complies with Indiana Administrative Building Council and Federal Manufactured Housing Construction and Safety Standards codes may be less than 20 feet in width.
(Ord. 1991-07, passed 1-7-1991)  Penalty, see § 10.99
Loading...