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§ 152.096  SIGN PERMIT PROCEDURES.
   (A)   Procedures. No sign shall be installed, erected, maintained, or relocated without obtaining a sign permit issued by the City Administrative Zoning Officer in accordance with established procedures and inspections. The application shall include information, site plans, and specifications as may be required by said officer. Office records shall contain an accurate description of the sign for which a permit is issued its location, photograph, and the date of completion of installation.
   (B)   Provisions. A sign permit shall expire if work is not started within 60 days of the date of the permit approval, or completed within 120 days of said date. A sign permit is not completely approved until after the actual sign permit is obtained from the City Administrative Zoning Officer and the permit fee is paid.
      (1)   If a sign permit, which has been approved by said Officer, is not obtained from the office by the applicant within 60 days of the date of permit approval, the permit is null and void.
      (2)   Once a sign permit is approved, the installation or erection of any sign is subject to the provisions governing compliance set forth in this subchapter.
      (3)   Extensions on any time limitation stated herein may be granted by the Administrative Zoning Officer where the sign permittee presents evidence to show cause why such extension is necessary.
   (C)   Fees.
      (1)   Permit fees for signs shall be based on site inspection costs.
Type of Sign
Fee
Type of Sign
Fee
Ground
$25
Home occupation
$15
Off-premises
$25 + $20 for each additional face on the same sign apparatus
Pole
$25
Projecting
$25
Roof
$15
Temporary
$10 per 30-day period
Wall
$15
 
      (2)   Penalty fee. Any person who shall erect, install, or alter a sign, as defined herein, prior to obtaining a sign permit, shall pay twice the amount of the permit fee set forth herein.
(Ord. 1991-07, passed 1-7-1991)
§ 152.097  INJUNCTIVE RELIEF AGAINST VIOLATIONS; RECOVERY OF COSTS.
   Any violations of the signage regulations and permit requirement may be restrained, enjoined, mandated, and/or abated by injunctive relief. Legal suit may be instituted either in the name of the City Administrative Zoning Officer or in the name of the City of Austin. The City Administrative Zoning Officer or the city, if successful, shall be entitled to recover all costs, expenses, and attorney’s fees incurred in connection with the prosecution of the suit.
(Ord. 1991-07, passed 1-7-1991)  Penalty, see § 10.99
SPECIAL USES
§ 152.110  PURPOSE OF REGULATIONS.
   The purpose of this subchapter is to enable the establishment of certain uses enumerated in this subchapter not otherwise permitted in this chapter under reasonable and uniform limitations, safeguards, and controls deemed to be in the public interest.
(Ord. 1991-07, passed 1-7-1991)
§ 152.111  PROCEDURE.
   (A)   An application requesting authority to establish a special use in certain districts as herein permitted shall be filed with the Board of Zoning Appeals in the same manner as for an appeal, on forms prepared for the purpose and under established rules and schedules.
   (B)   Upon receipt of the application, copy shall be forwarded to the Plan Commission. Said Commission shall make a thorough study and evaluation of the case and shall submit its recommendations to the Board in writing.
   (C)   After having received the report of the Plan Commission, the Board shall set a date for a public hearing and shall give notice of the hearing to all interested parties. At the hearing, the report of the Commission shall be read in total and shall be made a part of the proceedings of the public hearing as well as part of the Board’s record.
   (D)   The Board of Zoning Appeals shall not be bound by this subchapter to permit special uses per se, but shall carefully consider the report of the Commission, the prayer of persons aggrieved, the existing conditions on th premises and its surroundings. The Board may compel the submission of any data deemed essential in determining whether or not the proposed special use is compatible with surrounding areas.
(Ord. 1991-07, passed 1-7-1991)
§ 152.112  MINERAL EXTRACTION.
   (A)   General. Except as herein provided, nothing in this chapter shall prevent (outside of urban areas) the complete use and alienation of any mineral resources or forests by the owner or alienee thereof. For the purpose of this section, urban areas shall include all lands or lots within the limits of the incorporated city and any other lands or lots used for residential purposes where there are eight or more residences within any quarter mile square area, and such other lands and lots as have been or are planned for residential areas contiguous to incorporated cities. For the purpose of preserving mineral resources and using them in the development and growth of the community, the encroachment of other uses upon lands where such resources may be obtained should be avoided.
   (B)   Ones in which permitted. The mining of minerals shall be considered special use and may be permitted in the A Agriculture Zone, the IL Limited Industrial Zone, and the IIM Intense Industrial Zone subject to the determination of the Board of Zoning Appeals.
   (C)   Quality standards.
      (1)   In determining whether or not the working of an area for the extraction of minerals is feasible and whether or not such operation should be permitted, the Plan Commission and the Board of Zoning Appeals may consider the following factors:
         (a)   The depth of overburden;
         (b)   The quality of deposits at various depths;
         (c)   The engineering problems concerning size and area;
         (d)   Existing and future land use;
         (e)   Ingress and egress and similar traffic problems; and
         (f)   Proximity of existing residential, commercial development.
      (2)   In determining the feasibility of a project, the Commission and the Board may avail themselves with technical aid from state and federal agencies with expertise in the question of mineral resources.
(Ord. 1991-07, passed 1-7-1991)
§ 152.115  HOME OCCUPATION.
   (A)   Definition. The term HOME OCCUPATION shall mean an occupation conducted in a dwelling by a member of the resident family where the clientele would be coming to the premises upon which such occupation is conducted. A home occupation shall be controlled and limited so as to not interfere with the principal use of the premises as a residence and so as to not adversely affect the residential character, use of value of the adjacent area.
   (B)   Zones in which permitted. A home occupation may be permitted in the A Agriculture Zone and in any Residence Zone.
   (C)   Conditions. A home occupation shall be determined by and regulated by the following conditions:
      (1)   The operator of the home occupation shall remain a resident of the dwelling and no person other than a member of the resident family shall be employed in connection with the home occupation;
      (2)   The primary use of the dwelling shall remain residential and the home occupation use shall be clearly incidental and subordinate to the residential use;
      (3)   No accessory building or structure shall be used to house a home occupation;
      (4)   Not more than 25% of the floor area of the dwelling shall be used in the conduct of the home occupation;
      (5)   There shall be no change in the outside appearance of the dwelling or the premises or any visible evidence of the conduct of such home occupation other than one sign not to exceed one square foot in area, non-illuminated and mounted flat against the wall of the building in accordance with the provisions regulating home occupation signs in §§ 152.090 through 152.097 of this chapter;
      (6)   No traffic shall be generated in greater volume than normally expected in a residential neighborhood. Any need for parking generated by the conduct of the home occupation shall be met off the street, not in the required front yard and in accordance with the provisions regulating parking in § 152.076 of this chapter;
      (7)   No equipment or process shall be used which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot.  In the case of electrical interference, no equipment or process shall be used which creates visual or audio interference in any radio or television receivers, or causes fluctuations on line voltage, off the premises;
      (8)   There shall be no visible display or storage of goods or commodities. No stock in trade or commodities, other than those prepared, produced, or created on the premises, shall be sold on the premises;
      (9)   The granting of a special use for a home occupation shall not transfer with ownership nor to another location; and
      (10)   A home occupation shall not be considered to include clairvoyance, fortune telling, experimentation that may involve the use of chemicals or other substances which may create noises, odors, or hazards to health, safety, and welfare of the neighborhood. Neither shall a home occupation include hobby or curio shops, convalescing or nursing homes, tourist homes and gun shops.
(Ord. 1991-07, passed 1-7-1991)  Penalty, see § 10.99
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