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GENERAL PERFORMANCE STANDARDS
§ 152.075  MINIMUM REQUIREMENTS.
   The following standards shall be minimum requirements for uses permitted in this chapter. Because of the special character of the Business Zones, LBP Business and Professional Office Zone and GBC General Community Business Zone, the parking and loading facilities shall be developed as a part of a general plan based on location, system of streets and highways, and transit. Such facilities may be developed by financial interests which may lease them to parking operators by the city, and operated by it or by private operators, by a group or groups of merchants or investors, or by a single owner or partnership.
(Ord. 1991-07, passed 1-7-1991)  Penalty, see § 10.99
§ 152.076  PARKING AND LOADING.
   (A)   Purpose. In order to reduce congestion in public streets and highways and to provide increased safety for the general public, any and all structures erected after the enactment of this chapter shall be suited with parking, loading, and unloading facilities as required in this subchapter. Off-street parking facilities shall be screened from any Residence Zone with a suitable buffer or fence not less than four feet in height. No required front or side yard shall be used as a part of the off-street parking requirements. Where there may be more than one use in the same building or structure, the total off-street parking requirement shall be the sum of the requirements specified herein for each of the various uses.
   (B)   Definition. For the purpose of this chapter, a PARKING SPACE FOR ONE VEHICLE shall consist of not less than 180 square feet of area, exclusive of drives, aisles, and other necessary means of access, with free access from a public street or highway.
   (C)   Improvement. All land used for off-street parking, and all driveways thereto, shall be paved or surfaced in accordance with the most recent specifications of the city or county and shall be drained in a manner which shall meet the minimum required in such specifications. Any light used to illuminate land used for off-street parking or driveways thereto shall be installed and maintained so as to reflect the light away from any Residence Zone.
   (D)   Off-street loading and unloading. There shall be provided and maintained space for vehicles standing, loading, and unloading on the same premises with every building, structure, or part thereof hereafter erected, established, or enlarged and occupied by manufacturing, storage, warehouse, goods display, retail store, wholesale store, market, hotel, laundry, dry cleaning, and uses involving the receipt and distribution by vehicles of material or merchandise as follows: a 12-foot by 35-foot loading space with 14-foot height clearance for every 20,000 square feet or fraction thereof of floor area in excess of 6,000 square feet of floor area used for the above mentioned purposes, or for every 20,000 square feet or fraction thereof of land used. This requirement shall be separate and apart from any and all other off-street parking requirements.
   (E)   Off-street parking. The following off-street parking requirements shall be provided and maintained in conformity with the provisions of this chapter;
      (1)   Airport - One parking space for every two employees plus one parking space for every four  seats;
      (2)   Apparel shop,  dress shop,  men’s clothing, children’s clothing - One  parking space for each 125 square feet of floor area;
      (3)   Apartments - Two parking spaces for each dwelling unit;
      (4)   Apartment hotel, hotel, motel - One parking space for each sleeping room;
      (5)   Auditorium, gymnasium, theater - One parking space for each four seats based on the maximum seating capacity, including fixed and movable seats;
      (6)   Auto sales - One parking space for each 1,000 square feet used for retaining;
      (7)   Bakery, tavern - One parking space for each 125 square feet of floor area;
      (8)   Bank, industrial park - One parking space for each three employees;
      (9)   Barber shop, photography studio - One parking space for each 125 square feet of floor area;
      (10)   Beauty parlor - One parking space for each 125 square feet of floor area;
      (11)   Billiard room - One parking space for each 125 square feet of floor area;
      (12)   Bowling alley - Three parking spaces for each lane, plus one parking space for every six spectator seats;
      (13)   Boarding house, halfway house, dormitory, kindergarten - One parking space for each four occupants;
      (14)   Bus station - One  parking space for each ten seats in waiting room, plus one parking space for each two employees of connected retail use;
      (15)   Cemetery - One  parking space for each two employees;
      (16)   Clinic, professional office, doctor, attorney, dentist, accountant - One parking space for each two employees plus two parking spaces for each professional;
      (17)   Church, temple, lodge - One parking space for each six seats in main auditorium or one per each 125 square feet of floor area;
      (18)   Club house - One parking space for each two sleeping rooms;
      (19)   Cold storage - One parking space for each 125 square feet of floor area;
      (20)   Community center, library, museum, school - Parking spaces equal in number to 30% of the capacity of persons;
      (21)   Country Club - One parking space for each two employees plus three parking spaces for each golf hole;
      (22)   Convalescent or nursing home - One parking space for each eight beds, plus one parking space for each two employees;
      (23)   Dancing academy - One parking space for each 200 square feet of floor area;
      (24)   Department store, shopping center - One parking space for each 125 square feet of floor area;
      (25)   Delicatessen, restaurant, grocery, market, furniture store - One parking space for each 225 square feet of floor area;
      (26)   Dry cleaning, laundry - One parking space for each 125 square feet of floor area;
      (27)   Drugstore - One parking space for each 125 square feet of floor area;
      (28)   Dwelling, mobile home park - Two parking spaces for each dwelling unit;
      (29)   Two-family dwelling - Two parking spaces for each dwelling unit;
      (30)   Dwelling with roomers - Two parking spaces for each dwelling unit plus one parking space for each room rented to persons not members of the resident family;
      (31)   Fire stations, police stations, radio stations - One parking space for each two employees on shift; and
      (32)   Flower shop, funeral home, green house - One parking space for each 225 square feet of floor area.
(Ord. 1991-07, passed 1-7-1991)  Penalty, see § 10.99
§ 152.077  SWIMMING POOLS.
   Swimming pools in residence districts 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:
   (A)   Such pool shall be installed in the rear yard of the premises;
   (B)   There shall be erected and maintained at minimum a good quality fence not less than five feet in height, with posts imbedded to concrete, 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;
   (C)   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)   Such pool shall not be erected closer than four feet from the rear and side property lines of the premises, or, in the case of a corner lot, closer than ten feet from the required setback;
   (E)   Such pool shall not occupy more than 40% of the area of the rear yard excluding all garages or other accessory structures located in such area;
   (F)   If the water for such pool is supplied from a private well, there shall be no cross-connection with the public water supply system;
   (G)   If the water for such pool is supplied from the public water supply system, the inlet shall be above the overflow level of the pool;
   (H)   Such pool shall be chemically treated in a manner sufficient to maintain the bacterial standards established by the provisions of the Indiana State Sanitary Code relating to public swimming pools; and
   (I)   No public address system device which can be heard beyond the property lines of the premises on which any swimming pool has been installed may be operated in connection with such pool, nor may any lighting be installed in connection therewith which shall create glare beyond such property lines.
(Ord. 1991-07, passed 1-7-1991)  Penalty, see § 10.99
SIGNS AND OUTDOOR ADVERTISING
§ 152.090  PURPOSE.
   (A)   The purpose of this subchapter is to promote and protect the public health, welfare, and safety of the community and its people by regulating existing and proposed outdoor advertising and outdoor signs of all types.
   (B)   This subchapter is also intended to protect property values, create a more attractive and economically vital business climate, enhance and protect the physical appearance of the community, preserve the scenic and natural beauty, and to provide more enjoyable and pleasant living conditions. The intent of this section is also to reduce the incidence of signs or advertising distractions which may contribute to traffic accidents by their placement.
(Ord. 1991-07, passed 1-7-1991)
§ 152.091  GENERAL DEFINITIONS AND PROVISIONS CONCERNING SIGNS.
   (A)   General definition. Hereafter a general definition of a SIGN shall mean an identification, description, illustration, or device which is mobile, affixed to, or erected upon, a property or tract of land, a building or a structure, and which directs attention to a product, place, activity, service, institution, or business. All supports, poles, wires, and other sign apparatus shall be defined as part of a sign, and hereafter referred to as sign apparatus.
   (B)   Existing signs - conforming.
      (1)   Definition.  A CONFORMING SIGN is a sign which meets the provisions established in this chapter.
      (2)   Provisions
         (a)   The lawful location and maintenance of conforming signs existing at the time of the enactment of this chapter and any amendments thereof may be continued provided that the following conditions are met:
            1.   That the existing sign is not expanded or reduced in size, or relocated in such a manner that would make said existing sign unlawful;
            2.   That no additional signs are placed on the same sign apparatus, upon which said existing sign is located,  in such a manner that would make said existing sign or sign apparatus unlawful; and
            3.   That an approved sign permit was obtained for said existing sign.
         (b)   When changes to an existing conforming sign are necessary, no existing sign shall be expanded or reduced in size, or relocated without first obtaining an approved sign permit from the Plan Commission.
   (C)   Existing signs - non-conforming.
      (1)   Definition.  A NON-CONFORMING SIGN is a sign which does not meet the provisions established in this chapter.
      (2)   Provisions.
         (a)   The lawful use of a non-conforming sign, existing at the time of the enactment of this chapter and any amendments thereof, may be continued provided that the following conditions are met:
            1.   That said existing sign is not expanded in size, or relocated, unless such expansion or relocation brings the sign into conformity with this chapter;
            2.   That no additional signs are placed on the same sign apparatus upon which said existing sign is located; and
            3.   That said existing sign is not located within the proposed or existing right-of-way as designated by the Official Thoroughfare - Plan City of Austin.
         (b)   When changes to an existing non-conforming sign are necessary to bring the sign into conformity, no said existing sign shall be expanded in size, or relocated, without first obtaining an approved sign permit from the Administrative Zoning Officer.
         (c)   Whenever any existing nonconforming sign shall become damaged, by any means, so as to cause a need to replace more than 50% of the sign and sign apparatus, said sign shall be repaired or reinstalled in compliance with the provisions of this subchapter, thereby creating a conforming sign.
         (d)   Except for ordinary maintenance, poster panel replacement, copy changes, or lettering or repair not involving structural material or electrical changes, no nonconforming outdoor advertising signs or part thereof shall be erected, altered, constructed, changed, converted, re-erected, additionally illuminated, reduced in size, enlarged, or moved unless the entire nonconforming outdoor advertising sign and structure is brought into conformance with the provisions of this chapter.
   (D)   Existing signs - deteriorated or inactive.
      (1)   Definitions.
         DETERIORATED. A sign that is in a poor or dangerous condition, such as, but not limited to, broken or leaning sign apparatus, portions of the sign missing, or chipping of paint.
         INACTIVE. A sign which no longer directs attention to a business, activity, service, or product sold or provided on the premises.
      (2)   Provisions.  When a sign has been deteriorated or inactive for a period of 30 days, the owner of the sign or the owner of the property upon which said sign is located, shall, upon written notice from the Administrative Zoning Officer, remove or repair said sign. The sign shall be removed or repaired within 30 days from the date of the notice sent to remove or repair the sign. Failure to comply with the order shall authorize said officer to initiate action for the removal of the deteriorated or inactive sign.
   (E)   Liability insurance. Any sign installing company which applies for a sign permit must have on file with the Building Commissioner’s office, a current certificate of liability insurance, covering bodily injuries, including death, with limits of not less than $100,000 for each person and $300,000 for each accident and $25,000 in property damage which said liability policy shall carry an endorsement saving
the city from any claims, demands, or causes of action resulting from, in any manner, the erection or installation of said sign by said sign installation company.
   (F)   Multiple frontages. Each side of a building or structure is to be considered separately for purposes of determining compliance with the provisions of this chapter.
   (G)   Multiple uses of a sign apparatus. When more than one sign is to be located, added to, or placed on the same sign apparatus as where previously erected signs exist, all signs, existing and proposed, must meet the provisions of this chapter prior to the issuance of any additional sign permit.
   (H)   Overall height. Notwithstanding the provisions of the chapter, no sign shall at any point be over 45 feet in height above grade level unless the sign is located on a building which has a maximum permitted building height greater than 45 feet.
   (I)   Rights-of-way. Notwithstanding the provisions of this chapter, no sign shall be located or maintained within the proposed or existing right-of-way of any street or highway, as designated by the Official Thoroughfare Plan of the city. Exceptions to this requirement includes a projecting sign, which may be located over public property, but shall not extend nearer to the curb line than five feet.
   (J)   Setbacks from residences and utilities.
      (1)   Notwithstanding the provisions of this subchapter, no sign allowable in nonresidential zones, excepting directional and warning signs, shall be located closer than 25 feet to a residence in a residence zone, a school, or a church.
      (2)   Notwithstanding the provisions of this subchapter, any outdoor advertising sign shall be located in such a way that they maintain horizontal and vertical clearance of all overhead electrical conductors in accordance with the National Electrical Safety Code, provided that in no case shall an outdoor advertising sign be erected closer than ten feet horizontally or vertically from any conductor or public utility guide wire.
   (K)   Total number of on-premise signs per property. The total number of on-premise signs for a property having a commercial or industrial use located thereon shall be based on the following formula: Two on-premise signs per street frontage. However, where there are multiple uses on a single property, each occupant thereon is permitted a maximum of two on-premise signs.
   (L)   Repair and maintenance. In the event any sign becomes damaged so as to create a potential hazard to the public health, safety, and welfare and is in need of emergency repair and/or maintenance, all signs shall have the name of a contact person and a telephone number posted on the sign and/or sign apparatus, visible at all times. Such information shall also be provided as a part of the application record when obtaining any sign permit.
(Ord. 1991-07, passed 1-7-1991)  Penalty, see § 10.99
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