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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)
§ 152.113  SALVAGE YARD.
   (A)   Definition. A SALVAGE YARD shall be an area where waste paper, rags, discarded or salvaged materials are bought, sold, exchanged, bailed, packed, disassembled or handled. A salvage yard shall include auto wrecking yards, dismantling of machinery, house wrecking yards, used lumber yards, and places or yards for the storage of salvaged house wrecking and structural steel materials and equipment. A salvage yard shall constitute only that portion of a lot where waste materials, papers, rags, or discarded or salvaged materials, automobiles not in running condition, house wrecking materials, dismantled machinery, and equipment are concentrated upon. The presence of such materials on a part of a lot shall not preclude the use of the remaining unused area of the lot for salvage purposes.
   (B)   Zones in which permitted. A salvage yard 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 and subject to applicable Indiana statutes.
   (C)   Conditions.  A salvage yard may be permitted under the following conditions:
      (1)   No salvage yard shall be closer than 50 feet to any highway, road, street, and not less than 300  feet to any dwelling, school, church, or institution for human care;
      (2)   A salvage yard shall be provided with an adequate road, passable under any weather conditions;
      (3)   A salvage yard shall be enclosed along all the exterior boundaries by an approved fence of a type prescribed by the City of Austin Plan Commission, and the same shall have only one entrance or exit.
      (4)   The salvage yard may not be enlarged or extended unless the Plan Commission shall rezone the lot or lots subject to the expansion.
   (D)   Recycled material collection. The Austin Plan Commission may designate an area for recycled materials collection.
(Ord. 1991-07, passed 1-7-1991)
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