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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
§ 152.054  AGRICULTURE ZONE.
   (A)   Permitted uses. No building, structure, or land shall be used or occupied and no building or structure shall hereafter be erected, constructed, reconstructed, moved, expanded, or enlarged except for the following permitted uses:
      (1)   Single unit dwellings as regulated in divisions (C) through (I) below;
      (2)   Field crops; dairies; tree crops; flower gardening; nurseries; orchards; farms for the hatching, raising and sale of chickens, hogs, cattle, turkeys or other poultry; farms for grazing, breeding, raising and training of horses; sheep raising; and fisheries. All livestock buildings or structures placed thereon shall be at least 200 feet from any side and rear property line and shall meet the provisions of divisions (D) and (H) below. All other farm buildings or structures shall meet the provisions of divisions (C) through (I) below;
      (3)   Roadside stands, provided they offer for sale only agricultural products and provided no stand shall exceed an area of 200 square feet and no stand shall be located nearer than 20 feet to any existing or proposed right-of-way;
      (4)   Buildings or structures owned, leased, or used by a municipal, township, county, state or federal government, provided said buildings or structures meet the provisions of divisions (C) through (I) below;
      (5)   Buildings or structures used for religious assembly subject to the provisions of divisions (C) through (I) below;
      (6)   Public schools, colleges and universities, and private academic schools, all subject to the provisions of divisions (C) through (I) below;
      (7)   Cemeteries provided the site for a cemetery is a minimum of ten acres in area, and all buildings placed thereon shall be at least 100 feet from any side and rear property line and shall meet the provisions of divisions (D) and (H) below;
      (8)   Temporary recreational activities such as a circus or open athletic competition;
      (9)   Kennels and veterinary hospitals/clinics. Where all uses are completely enclosed within a building, all uses and buildings or structures placed thereon shall meet the provisions of divisions (C) through (I) below. Where there are open runways, pens, or similar open uses, all uses and buildings or structures placed thereon shall be at least 200 feet from any side and rear property line and shall meet the provisions of divisions (D) and (H) below. Off-street parking and signage shall be in accordance with §§ 152.076 and 152.090 through 152.097 of this chapter;
      (10)   Fire towers, chimney stacks, spires, penthouses, cupolas, water towers, silos, windmills, monuments, domes, and grain elevators, all as regulated in § 152.053(G), unless a variance shall be obtained to exceed 45 feet in height;
      (11)   Signs and outdoor advertising as regulated in §§ 152.090 through 152.097;
      (12)   Accessory uses and structures as regulated in § 152.033; and
      (13)   Temporary buildings used during construction, and including storage of building materials and equipment, for a period not to exceed the duration of such construction.
   (B)   Special uses subject to approval by the Board of Zoning Appeals. The following uses shall be allowed when approved by the Board of Zoning Appeals under the established procedures in § 152.111, and subject to the provisions herein specified:
      (1)   Salvage yards provided they comply with the performance standards set forth in § 152.113;
      (2)   Refuse disposal sites provided they comply with the performance standards set forth in § 152.114;
      (3)   Home occupations provided they comply with the performance standards set forth in § 152.115, and all uses and buildings or structures placed thereon shall meet the provisions of divisions (C) through (I) below;
      (4)   Private outdoor camps provided they comply with the performance standards set forth in §§ 152.075 through 152.077 and 152.090 through 152.097, inclusive;
      (5)   Nursery schools and child care centers provided they comply with the performance standards set forth in § 152.117, and all uses and buildings or structures placed thereon shall meet the provisions of divisions (C) through (I) below; and
      (6)   Hospitals or clinics provided that the premises upon which they are built shall be a minimum two acres in area, and all uses and buildings or structures placed thereon shall be at least 40 feet from any side and rear property line and shall meet the provisions of divisions (D) and (H) below.
   (C)   Lot width, frontage, and area. The width and lot frontage shall be a minimum of 50 feet at the building line and shall be a minimum of 5,000 square feet in area, exclusive of rights-of-way.
   (D)   Front yard setback - all lots. There shall be a front yard setback of a minimum 20 feet in depth measured from the right-of-way line to the front wall of the building.
   (E)   Side yard setback - interior lots. 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.
   (F)   Side yard setback - corner lots. There shall be two side yard setbacks of a corner lot. The side yard adjoining the street shall be a minimum of 20 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.
   (G)   Rear yard setback - all lots. 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.
   (H)   Height. No building or structure shall exceed 45 feet in height.
   (I)   Minimum floor area and building width. 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, except that a mobile home constructed after January 1, 1981, with 950 square feet of living area may be construed to be in compliance.
(Ord. 1991-07, passed 1-7-1991)  Penalty, see § 10.99
§ 152.055  R-1 RESIDENCE ZONE - ONE-FAMILY RESIDENCE ZONE.
   (A)   Permitted uses. No building, structure, or land shall be used or occupied, and no building or structure shall hereafter be erected, constructed, reconstructed, moved, expanded, or enlarged except for the following uses:
      (1)   Single unit dwellings as regulated in divisions (C) through (I) below;
      (2)   Buildings or structures owned, leased, or used by a municipal, township, county, state or federal government, provided said buildings or structures meet the provisions of § 152.028 and the provisions of divisions (C) through (I) below;
      (3)   Public schools, colleges and universities, and private academic schools, all subject to the provisions of § 152.028 and the provisions of divisions (C) through (I) below;
      (4)   Buildings or structures used for religious assembly subject to the provisions of § 152.027 and the provisions of divisions (C) through (I) below;
      (5)   Signs and outdoor advertising as regulated in § 152.054(C);
      (6)   Temporary buildings used during construction, and including storage of building materials and equipment, for a period not to exceed the duration of such construction;
      (7)   Accessory uses and structures as regulated in § 152.033;
      (8)   Golf courses, parks, country clubs; and/or
      (9)   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, 24 C.F.R § 3280 or I.C. 36-7-9-4, as promulgated by the Indiana Administrative Building Council, said dwelling unit being not less than 950 square feet of occupied space. 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.
         (a)   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.
         (b)   The home shall be covered with an exterior material customarily used on site built residential dwellings, and such material shall extend over the top of the foundation (or meet the community’s site built residential dwelling home standards).
         (c)   The home shall have a roof composed of a material customarily used on site built residential dwellings, such as asbestos, fiberglass, shake, asphalt, or tile, which shall be installed according to state and local codes or standards.
   (B)   Special uses subject to approval by the Board of Zoning Appeals. The following uses shall be allowed when approved by the Board of Zoning Appeals under the established procedures in § 152.111 and subject to the provisions herein specified:
      (1)   Charitable institutions provided buildings or structures placed thereon meet the provisions of § 152.027 and the provisions of divisions (C) through (I) below;
      (2)   Hospitals or clinics provided that the premises upon which they are built shall be a minimum of two acres in area, and all uses and buildings or structures placed thereon shall be at least 40 feet from any side and rear property line and shall meet the provisions of divisions (D) and (H) below;
      (3)   Cemeteries provided the site for a cemetery is a minimum of ten acres in area, and all buildings placed thereon shall  be at least 100 feet from any side and rear property line and shall meet the provisions of divisions (D) and (H) below;
      (4)   Nursery schools and child care centers subject to the performance standards contained in § 152.117, and provided all uses and buildings or structures placed thereon shall meet the provisions of  divisions (C) through (I) below;
      (5)   Home occupations subject to the performance standards contained in § 152.115 and provided all uses and buildings or structures placed thereon shall meet the provisions of divisions (C) through (I) below;
      (6)   Nursing homes. All buildings placed thereon shall be at least 40 feet from any side and rear property line and shall meet the provisions of divisions (D) and (H) below;
      (7)   No mobile homes shall be permitted on city residential lots except to replace an existing mobile home, or as provided herein. A transportable structure built after June 25, 1976, the effective date for the Federal Mobile Home Construction and Safety Act of 1974, being 42 U.S.C. §§ 5401 et seq., larger than 950 square feet, and designed to be used as a year-round residential dwelling as scattered site housing on individual lots and not as a mobile home park. Subject to § 152.024;
      (8)   Customary home occupations provided that there shall be not external evidence of such occupations, except an announcement or sign exceeding one square foot in area, flush with the front of the building, provided that no such sign shall be illuminated;
      (9)   A duplex or two-family dwelling may be approved with no less than 720 square feet per living unit; and/or
      (10)   Swimming pools subject to § 152.077.
   (C)   Lot width, frontage, and area. The width and street frontage of a lot shall be a minimum of 50  feet at the building line and there shall be a minimum 5,000 square feet in area, exclusive of rights-of-way. Whenever public sewer and/or water facilities are not available and no unit sanitary sewer is available, the Board of Health requirements for lot area shall prevail, but shall not be less than 12,000 square feet in area, exclusive of rights-of-way. The lot area shall be used to determine the amount of lot coverage allowed in accordance with § 152.022.
   (D)   Front yard setback - all lots. There shall be a front yard setback of a minimum 20 feet in depth measured from the right-of-way line to the front wall of the building.
   (E)   Side yard setback -  interior lots. 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 line.
   (F)   Side yard setback -  corner lots. There shall be two side yard setbacks of a corner lot. The side yard adjoining the street shall be a minimum of 20 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.
   (G)   Rear yard setback - all lots. 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.
   (H)   Height. No building or structure shall exceed 30 feet in height.
   (I)   Minimum floor area and building width. 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 home or mobile home complying in all respects to the requirements hereinabove may not be required to be 20 feet in width.
(Ord. 1991-07, passed 1-7-1991)  Penalty, see § 10.99
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