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§ 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
§ 152.116  GROUP HOUSING/HALFWAY FACILITY.
   (A)   Definition. A single unit dwelling occupied by four or more unrelated individuals sharing a common kitchen and other common living areas.
   (B)   Zones in which permitted. Group housing may be permitted in the R-2 Residence Zone.
   (C)   Conditions. Group housing may be permitted under the following conditions:
      (1)   A minimum of 250 square feet of floor area shall be provided for each occupant;
      (2)   One off-street parking space shall be provided for every three occupants; and
      (3)   Said facility must obtain proper Indiana license prior to occupancy.
(Ord. 1991-07, passed 1-7-1991)  Penalty, see § 10.99
§ 152.117  NURSERY/DAYCARE CENTERS.
   (A)   Definition.  Any residence or institution operated for the purpose of providing care and maintenance to children separated from their parent, guardian, or custodian. This section does not apply to an individual who provides child care in his or her residence to five or fewer children at any time, excluding relatives of the individual.
   (B)   Zones in which permitted.  Nursery/day care centers may be permitted in the A Agriculture Zone and the R-1 and R-2 Residence Zones.
   (C)   Conditions. Nursery/day care centers may be permitted under the following conditions:
      (1)   All provisions of Indiana State Statutes pertaining to licensing requirements of nursery/day care centers shall be complied with;
      (2)   Off-street parking shall be provided in accordance with § 152.076(E) of this chapter; and
      (3)   All signage giving reference to nursery/day care centers within a residence zone shall meet the specifications of a ground sign as set forth in § 152.094, except that no sign shall be illuminated.  In addition, faces or panels of such sign may not exceed a maximum of 12 square feet in total. The owner may substitute using a ground sign by placing a sign, not to exceed a total of 12 square feet, flat against the wall of the structure housing the nursery/day care center facility.
(Ord. 1991-07, passed 1-7-1991)  Penalty, see § 10.99
ADMINISTRATION AND ENFORCEMENT
§ 152.130  PURPOSE OF ADMINISTRATION SYSTEM.
   The purpose of this chapter is to promote and protect the public health, safety, morals, comfort, and general welfare of the people of the city. Associated with this purpose is the establishment of an effective administrative system to fulfill the objectives of good, sound zoning, such system should, among other things, expeditiously handle day by day matters concerning the citizens of the city and county with utmost care, courtesy, and exacting ability; protect the right of appeal from any decision of an administrative officer; deal fairly with deliberate or accidental infractions of this chapter; and, through its function, create such climate as may deserve the respect of the community and the confidence of its citizens.
(Ord. 1991-07, passed 1-7-1991)
§ 152.131  ADMINISTRATIVE OFFICES.
   The administration of this chapter shall be with three offices of local government, namely:
   (A)   The Administrative Zoning Officer to be appointed by the City Council;
   (B)   The City of Austin Plan Commission; and
   (C)   The City of Austin Board of Zoning Appeals;
(Ord. 1991-07, passed 1-7-1991)
§ 152.132  ADMINISTRATIVE ZONING OFFICER.
   (A)   Appointment.  There shall be an Administrative Zoning Officer who shall be the enforcement officer of this chapter. Said person shall be appointed by the City Council. The Administrative Zoning Officer may be the Building Commissioner or Clerk-Treasurer of the city.
   (B)   Qualifications. The Administrative Zoning Officer shall be a person of proven responsibility and knowledgeable in zoning administration and practice. Said person shall enforce the provisions of this chapter to their literal meaning and shall not try to exercise independent discretion that may violate it.  Said person shall not permit the violation of any of the provisions of this chapter just because said person considers it unduly severe as applied to specific cases, inasmuch as this chapter provides the necessary remedies. Said person shall not refuse to issue a permit for the construction of a building or structure or for the use of land on the basis of what said person considers to be lack of wisdom in any zoning provision. Said person shall use the powers of said person’s position to encourage compliance and advise citizens how such compliance can be achieved without unnecessary hardship.
   (C)   Duties.  In addition to other administrative duties assigned to the Administrative Zoning Officer periodically by the City Council, the Administrative Zoning Officer shall perform the following duties:
      (1)   Said Administrative Zoning Officer shall issue all zoning permits and certificates of occupancy;
      (2)   Said Administrative Zoning Officer shall conduct inspections of buildings, structures, and uses of land to determine compliance with the provisions of this chapter;
      (3)   Said Administrative Zoning Officer shall maintain accurate records including, but not limited to, maps, amendments, variations, conditional uses, and applications;
      (4)   Said Administrative Zoning Officer shall receive, file applications for permits, and shall forward details of any refusal to issue a permit to the Board of Zoning Appeals;
      (5)   Said Administrative Zoning Officer shall revoke certificates of occupancy or zoning permits when violations of the provisions of this chapter are discovered by him or her; and
      (6)   Said Administrative Zoning Officer shall initiate court action as may be deemed necessary to prevent or abate violations to the provisions of this chapter, report all violations for prosecution to the proper legal authority, and sign or cause to be signed all complaints to local courts prepared by the proper legal authority.
   (D)   Inspections.  The Administrative Zoning Officer may, after giving at least 48 hours notice to the proper person, examine premises to investigate possible violations. Said Administrative Zoning Officer shall state the nature of the violation to the owner or resident and give reasons for the inspection prior to obtaining entry into the premises.
(Ord. 1991-07, passed 1-7-1991)
§ 152.133  USE PERMIT.
   (A)   No use permit pertaining to the use of land or buildings shall be issued by the Administrative Zoning Officer unless the application for such permit has been examined and approved by said officer.  Any use permit issued in conflict with the provisions of this chapter shall be cause for revocation. The application for a use permit shall include the following data and provisions:
      (1)   Location of the proposed structure, including street name or names, house or lot number, zoning;
      (2)   Name of the owner of property, type of work proposed, and estimated cost of such work;
      (3)   Use proposed for the building or structure, the area of the lot and dimensions of same, size of front, side, and rear yards;
      (4)   Number of families that will occupy the building, the height and number of stories of the building or structure, the number, size, and type of any accessory building; and
      (5)   A sketch of the proposed layout of the lot, and affidavit attesting to the accuracy of the application.
   (B)   Within two days after an application for a use permit is filed, the Administrative Zoning Officer shall examine the application and shall advise the applicant or his or her agent as to whether or not the building, structure, or use thereof complies with the provisions of this chapter. If said Administrative Zoning Officer finds the data in order, the Administrative Zoning Officer shall issue the zoning permit.  If the Administrative Zoning Officer denies the permit, the Administrative Zoning Officer shall inform the applicant of the Administrative Zoning Officer’s findings and shall instruct him or her as to the applicant’s right of appeal. The Administrative Zoning Officer shall acquaint the applicant thoroughly with all current procedures to effect such an appeal. One copy of the application, together with the plans, shall be returned to the applicant after the Administrative Zoning Officer shall have marked such copy either as approved or rejected, attesting to same by his or her signature on such copy. The original copy of the application, similarly marked, shall be retained by the Administrative Zoning Officer as part of the office’s permanent record.
(Ord. 1991-07, passed 1-7-1991)
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