Loading...
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
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)
(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)
(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)
(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)
(A) Definition. A planned multi-family development unit shall mean a single-family, two-family, multi-family development or combination of all three uses developed as a single unit. The development may include group housing, townhouses, cluster garden structures, apartments, and condominiums.
(B) Zones in which permitted. Planned multi-family development units may be permitted in all Residence Zones (except R-1 Residence Zones) subject to the provisions of this section.
(C) Purpose. The purpose of this planned multi-family development unit is to provide a more desirable living environment than would be possible through the strict application of the provisions of this chapter; to encourage a more desirable use of open areas; to induce innovations in residential development so that the growing demands for housing may be met by greater variety, type, design, and layout of dwellings and by the conservation of land; to stimulate a more efficient use of public and private services, to provide means by which the type, design, and layout of residential development can be related to sites and demands for housing consistent with the preservation of property values; and to add flexibility to zoning standards as shall encourage the disposition of proposals for such multi-family development units without delay.
(D) Procedure. The owner or owners of any tract of land five acres or more in area, may file an application for tentative approval with the Plan Commission. Said application shall include all of the following items:
(1) Location and size of area involved;
(2) Density of land use;
(3) Location, function, ownership, and manner of maintenance of common open space;
(4) Use, approximate height, bulk, and location of buildings and other structures;
(5) Feasibility of proposals for the disposition of sanitary and storm water;
(6) Covenants, grants, and easements to be placed on the use of the land and buildings;
(7) Provisions for parking of vehicles and the location and width of proposed streets;
(8) Relationship of proposed streets to streets in the proximity of the project; and
(9) Schedule of construction and a written statement of how the project would be consistent with residential growth.
(E) Principles and standards. In considering the planned multi-family development units, the Plan Commission and the Board of Zoning Appeals shall adhere to the following principles and standards:
(1) The population density and building coverage of the site for the project shall conform to the overall density and building coverage of the zone in which it is located. However, lot dimensions, setbacks, and area do not have to meet specific requirements of this chapter, provided a more logical and desirable use of the property is proposed;
(2) A variety of dwelling and building types shall be encouraged;
(3) Where townhouses are suggested, there shall be no more than five townhouse units in any contiguous group. An average rear yard of 25 feet would be desirable where a lot does not abut a park or open space easement. A minimum side yard on the two end units of contiguous townhouse groups shall be seven plus three feet for each additional story over one story;
(4) Planting and utility strips may be eliminated and an equal amount of land area placed into acceptable public park;
(5) Areas proposed for dedication must be acceptable in size, shape, and location. Rights of way for riding, hiking, and other types of trails and scenic ways may be dedicated. Rights-of-way for water courses and similar channels shall not be acceptable for space exchanges;
(6) Clustering of dwellings may be accomplished through a reduction of lot area with overall density remaining the same, and the provision of usable and desirable open space easements dedicated;
(7) Public utility and similar easements shall not be used for space exchange;
(8) Any project which proposes to dedicate land for park and open space must include the total park area at the time of the filing of the application;
(9) Maximum privacy for each multi-family unit shall be provided through functional design, use of proper building materials and landscaping;
(10) The architectural design of multi-family units shall be developed considering their relationship to adjacent development in terms of height, texture, line, and pattern;
(11) Building coverage shall not exceed 50% of the net lot area;
(12) A minimum of 25% of the total lot area, exclusive of parking and streets, shall be landscaped for recreation; and
(13) All on-site utilities shall be placed underground.
(Ord. 1991-07, passed 1-7-1991) Penalty, see § 10.99
Loading...