Austin City Zoning Code
GENERAL REQUIREMENTS
§ 152.020 CONFORMANCE REQUIRED.
(A) Use. No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, expanded, or enlarged except in conformity with all the provisions of this chapter, and after the necessary permits have been obtained.
(B) Height. No building or structure shall be erected or constructed nor shall any existing building or structure be reconstructed, moved, expanded, or enlarged so as to exceed the height limitations established in this chapter.
(C) Lot coverage. No building or structure and its accessory uses shall be erected or constructed nor shall any existing building or structure and its accessory uses be reconstructed, moved, expanded, or enlarged so as to occupy a greater percentage of a lot than the limits established in this chapter.
(D) Open space. No yard or open space or off-street parking or loading space provided about a building or structure for the purpose of complying with the provisions of this chapter shall be considered as providing yard, open space, or off-street parking or loading space for any other building or structure. No yard or lot existing at the time of the enactment of this chapter shall be reduced in dimension or area below the minimum standards provided in this chapter. Yards or lots created after the enactment of this chapter shall meet all requirements established herein.
(Ord. 1991-07, passed 1-7-1991) Penalty, see § 10.99
§ 152.021 UNLAWFUL USE.
Any building, structure, or use which is in violation of the provisions of this chapter, shall be considered to be a nonconforming building, structure, or use under the terms of this chapter. Any building, structure, or use which became not lawful after the effective date of Ordinance 1991-07, January 7, 1991, and which is in violation of the provisions of this chapter, shall be considered unlawful.
(A) Continuation and change of use. Except as otherwise provided in this section:
(1) The nonconforming use of a building or structure lawfully existing at the time this chapter became effective, may be continued only as a nonconforming use; and
(2) The nonconforming use of a building or structure may be changed only to a use of the same, or more restricted classification.
(B) Expansion prohibited. A nonconforming use of a building or structure designed for a conforming use shall not be expanded or extended into any other portion of such conforming building or structure nor changed except to a conforming use.
(C) Discontinuance. Whenever a nonconforming use has been discontinued for a period of six months, such use shall not thereafter be established and any further use shall be in conformity with the provisions of this chapter, except that the six-month period of discontinuance shall not apply to uses which are customarily closed for a greater portion of a year’s time.
(D) Damage. No building damaged by fire, or other causes to the extent of more than double its assessed value shall be repaired or rebuilt except in conformity with the provisions of this chapter.
(E) Maintenance permitted. A nonconforming building or structure may be maintained, except as otherwise provided in this section.
(Ord. 1991-07, passed 1-7-1991) Penalty, see § 10.99
§ 152.022 LOT COVERAGE OF YARDS.
No single-family, two-family or multiple-family dwelling, together with accessory buildings or structures, shall occupy more than the following percentages of the total area of the lots, exclusive of right-of-ways: R-1 and R-2 Residence Zones - 45% lot coverage.
(Ord. 1991-07, passed 1-7-1991) Penalty, see § 10.99
§ 152.023 SETBACKS MEASURED FROM RIGHT-OF-WAY.
When an official plan for the major and secondary highways in the city shall have been adopted by the City Council, then all setbacks for buildings and structures shall be measured from the proposed right-of-way lines as expressed in such plan. For the purpose of this chapter, the right-of-way of any street shall be deemed to be 40 feet unless a larger right-of-way is required on the Official Thoroughfare Plan for the city, in which case the larger right-of-way shall control.
Spicertown (West Austin)
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Spicertown (West Austin)
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Alexander Drive (also known as Tibbs Street) | 50 feet |
Cyprus Street | 50 feet |
Dowling Street | 40 feet |
Gibson Drive | 50 feet |
Kenwood | 50 feet |
Lawnview Drive | 50 feet |
New York Street | 50 feet |
Penn Street | 50 feet |
Tibbs Street | 50 feet |
York Road | 40 feet |
South Austin
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South Austin
| |
1st Street | 50 feet |
2nd Street | 50 feet |
3rd Street | 40 feet |
4th Street | 40 feet |
5th Street | 40 feet south to Cross, 50 feet south to York Road |
6th Street | 40 feet |
7th Street | 30 feet |
Cherry Street | 40 feet east to First, 38 feet east to Railroad |
Cross Street | 50 feet |
East Street | 40 feet |
High Street | 40 feet |
Howard Street | 35 feet |
Kelly Drive (same street as Sycamore) | 40 feet |
Main Street | 60 feet |
Oak Street | 50 feet |
Plum Street | 40 feet |
Railroad Street | 60 feet |
Sycamore Street | 40 feet |
Short Street | 50 feet |
York Road | 40 feet |
North Austin
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North Austin
| |
1st Street | 40 feet |
2nd Street | 40 feet |
3rd Street | 40 feet |
4th Street | 40 feet |
Ardrey Lane | 50 feet |
Bank Street | 40 feet |
Blunt Avenue | 40 feet |
Bond Street | 30 feet, 40 feet north of Bank |
Booe Road | 30 feet |
Broadway Street | 60 feet |
Church Street | 35 feet, 30 feet north of Rural |
Clay Street | 50 feet |
Dana Avenue | 50 feet |
DeHart Drive | 50 feet |
English Street | 60 feet |
Enterprise Street | 40 feet |
Factory Drive | 30 feet |
Future Drive | |
Gary Avenue | 50 feet |
High Street | 40 feet |
Keith Street | 40 feet |
Linden Drive | 50 feet |
Mann Avenue | 40 feet (50 feet north of Rural, 35 feet south of Morning) |
Maple Street | 40 feet |
Morgan Avenue | |
Morning Drive | 35 feet |
North Street | 40 feet, 50 feet east of Mann |
Paulanna Avenue | 30 feet, 50 feet at Church |
Pearl Street | 50 feet |
Rice Street | 50 feet, 40 feet west of Church |
Rural Street | 40 feet |
South Street | 40 feet |
Spring Street | 30 feet |
Union Avenue | 40 feet |
Wade Street | 50 feet |
Walnut Street | 40 feet |
Wilbur Avenue | 50 feet |
(Ord. 1991-07, passed 1-7-1991) Penalty, see § 10.99
§ 152.024 MANUFACTURED HOUSING.
It is the intent of this section to encourage provision of alternate modest income housing in general residential areas by permitting the use of certain manufactured homes, as defined herein, in all districts in which similar dwellings constructed on site are permitted, subject to the requirements set forth herein to assure acceptable similarity in exterior appearance between such manufactured homes and dwellings that have been or might be constructed under these and other lawful regulations on adjacent or nearby lots in the same district.
(A) Permanent placement. The establishment, location, and use of manufactured homes as scattered-site residences shall be permitted in any zone permitting installation of a dwelling unit, subject to the requirements and limitations applying generally to such residential use in the appropriate zone, and provided such homes shall meet the following requirements and limitations.
(1) The home shall meet all requirements applicable to single-family dwellings, and possess all necessary improvement location, building, and occupancy permits and other certifications as required by this chapter.
(2) The home shall meet the minimum square footage requirements for the appropriate zone.
(3) The home shall be attached and anchored to a permanent foundation in conformance with the regulations in the Indiana One and two-family Dwelling Code and with manufacturer’s installation specifications.
(4) The terms of division (A) above shall apply to the placement of manufactured housing located outside mobile home parks only.
(5) The exterior siding material on the home shall extend below the top of the foundation by at least one inch.
(6) A dwelling unit fabricated on or after January 1, 1981, in an off-site manufacturing facility for installation or assembly at the building site, bearing a seal certifying that it is built in compliance with the federal Manufactured Housing Construction and Safety Standards Code or Indiana Public Law 360, Acts of 1971, as promulgated by the Indiana Administrative Building Council. Should a court, either federal or state, determine that the fabrication date of January 1, 1981, is arbitrary or a violation of any federal or state right, including equal protection laws, this chapter shall not be interpreted to exclude fabricated dwelling units constructed after July 15, 1976, which manufactured homes comply with all HUD Code requirements.
(B) Temporary placement.
(1) Permitted placement. The placement of manufactured homes built prior to January 1, 1981, and mobile homes shall be permitted within the corporate limits of the city, and outside of mobile home parks, on a temporary basis in the following circumstances:
(a) For use of a manufactured home or mobile home as a caretaker’s quarters or a construction office at a job site;
(b) For use of a manufactured home or mobile home as a temporary residence, located on the building lot, during the course of construction of a site-built dwelling and when the Board of Zoning Appeals has approved the temporary placement by granting a variance to the owner or contract buyer who is in the process of constructing said site-built dwelling after obtaining a building permit for same; or
(c) For use of a manufactured home or mobile home as a temporary residence, located adjacent to an existing residence, when the Board of Zoning Appeals has approved the temporary placement by granting a variance to the owner or contract buyer whose own health or the health of another necessitates care and where the facts show that an unnecessary hardship would occur if not permitted to locate a temporary residence adjacent to the residence of one who is able to provide such care or is in need of such care.
(2) Provisions regulating permitted placement. A temporary use permit shall be obtained prior to placement of a manufactured home or mobile home for temporary use as herein defined. For use of a manufactured home or a mobile home as temporary residences, placement shall be additionally subject to:
(a) Applicable health provisions for sanitary facilities;
(b) Providing an adequate ground anchor; and
(c) Setback provisions as stated in the appropriate zone.
(3) Time limitations for temporary placement. A temporary use permit may be issued for a period not to exceed one year. A variance, when granted under the circumstances herein described, shall not exceed one year. A variance may be renewed, at the discretion of the Board of Zoning Appeals, for an additional one-year period by requesting such an extension through the established procedures for filing an appeal except that the normal filing fee shall be waived in cases of medical hardship as herein defined.
(4) Utility requirements. Manufactured or mobile homes used for temporary uses shall have an approved water supply, sewage disposal system, and utility connections, where appropriate, and at the discretion of the Plan Commission or its designated administrator.
(5) Permit fee. A temporary use permit shall be issued by the Plan Commission’s designated administrator. The fee shall be $25 and is in addition to all other required permits for utilities and sewage disposal systems.
(C) Violation.
(1) Subject to removal. A mobile home or manufactured home, placed upon property in violation of this chapter, shall be subject to removal from such property. However, the home owner must be given a reasonable opportunity of not more than 60 days to bring the property into compliance before action for removal can be taken. If action finally is taken by the appropriate authority to bring compliance, the expenses involved may be made a lien against the property.
(2) Removal method. The Plan Commission or the Board of Zoning Appeals or their designated administrator may institute a suit in an appropriate court for injunctive relief to cause such violation to be prevented, abated, or removed.
(Ord. 1991-07, passed 1-7-1991) Penalty, see § 10.99
§ 152.025 PUBLIC UTILITIES.
The provisions of this chapter shall not be construed to limit or interfere with the construction, installation, and maintenance of public utility transmission facilities.
(Ord. 1991-07, passed 1-7-1991) Penalty, see § 10.99
§ 152.026 YARDS AFFECTED BY STREET WIDENING.
Where a building is located on property acquired for public use by condemnation, purchase, or otherwise, such building or structure may be relocated on the same lot or premises although the area provisions of this chapter cannot be reasonably complied with. Furthermore, where a part of such building or structure is acquired for public use, the remainder of such building or structure may be repaired, reconstructed, or remodeled.
(Ord. 1991-07, passed 1-7-1991) Penalty, see § 10.99
§ 152.027 CHURCHES.
(A) Nothing in this chapter shall be construed to exclude churches from any zone herein established, provided that any church building shall meet the yard, parking, height, and all other requirements contained in this chapter.
(B) No church building shall be located closer to an adjacent owner’s property line, where said adjacent property is in a Residence Zone, than the following distances:
(1) R-1 Residence Zone - 25 feet;
(2) R-2 Residence Zone - 25 feet.
(Ord. 1991-07, passed 1-7-1991) Penalty, see § 10.99
§ 152.028 PUBLIC BUILDINGS.
(A) Nothing in this chapter shall be construed to exclude buildings owned, leased, or used by a municipal, county, township, state or federal government from any zone established in this chapter.
(B) However, all such buildings shall meet the yard, parking, and height provisions of this chapter and no building shall be closer to an adjacent owner’s property line, where said adjacent property is in a Residence Zone, than the following distance:
(1) R-1 Residence Zone - 50 feet;
(2) R-2 Residence Zone - 50 feet.
(Ord. 1991-07, passed 1-7-1991) Penalty, see § 10.99
§ 152.029 TENTS, RECREATION VEHICLES.
No tent or recreation vehicle shall be erected, placed, or used or maintained for living quarters in any zone. For the purpose of this chapter, the term TENT shall mean a collapsible shelter of cloth canvas or other material stretched and sustained by poles and used for outdoor camping. A RECREATIONAL VEHICLE shall be a motorized or non-motorized structure commonly used for temporary or recreation living which structure fails to comply with § 152.024 herein.
(Ord. 1991-07, passed 1-7-1991) Penalty, see § 10.99
§ 152.030 VISIBILITY AT INTERSECTIONS.
On a corner lot in any residential zone, nothing shall be erected, placed, planted or allowed to grow in such a manner as to impede vision between height of three feet and ten feet above the centerline grades of the intersecting streets in an area bounded by the right-of-way lines of such intersecting streets and a line adjoining points along said intersection right-of-way lines 50 feet from the point of intersection of said right-of-way lines.
(Ord. 1991-07, passed 1-7-1991) Penalty, see § 10.99
§ 152.031 FENCES, WALLS, HEDGES.
(A) A fence, screen, or wall not more than eight feet in height, or a hedge of thick growth of shrubs or trees maintained so as not to exceed eight feet in height may be located in any side or rear yard in any zone, provided they shall not extend beyond the front wall of the building, beyond the average setback of the buildings on the adjacent lots.
(B) Fences, screens, walls, shrubs, and trees extending beyond the front wall of the building shall not exceed 42 inches in height and, when located in the yard along the street sides of a corner lot, must comply with § 152.030. Trees, shrubs, flowers, and plants are not covered by this provision provided they do not produce a hedge effect.
(C) This provision shall not be interpreted to prohibit the erection of an open mesh type fence enclosing a farm, school, or playground site.
(D) The Limited Industrial, Intense Industrial, and Airport Development Zones if any are adopted herein, are exempt from the above provisions in that the abovesaid provisions shall not be interpreted to prohibit the erection of a fence, screen, wall, shrub, or trees not to exceed eight feet in height.
(Ord. 1991-07, passed 1-7-1991) Penalty, see § 10.99
§ 152.032 DIVISION OF A LOT.
No lot or parcel of land shall be hereafter divided into two or more lots or parcels of land unless all lots or parcels of land resulting from such division shall conform with the provisions of this chapter. Any division of a lot or parcel of land which shall result in a violation of this section shall make the buildings or structures on said lot or parcel of land unlawful.
(Ord. 1991-07, passed 1-7-1991) Penalty, see § 10.99
§ 152.033 ACCESSORY USES AND STRUCTURES.
(A) Definition.
(1) General definition.
(a) Accessory uses/structures shall be permitted in all zones in accordance with the provisions of this section. Accessory uses/structures:
1. Shall be incidental and commonly associated with the operation of the principal use of the lot;
2. Shall be operated and maintained under the same ownership and on the same lot as the principal use;
3. Shall, in residence zones, be clearly subordinate in height, area, and bulk to the principal use served;
4. Shall not be located closer to any lot line than the minimum setback line required, unless specified otherwise in this chapter; and
5. Shall not be permitted, in residence zones, prior to the erection and operation of the principal use.
(b) Such appurtenant features as walks, driveways, curbs, drainage installations, mailboxes, lamp posts, bird baths, fences, walls, uncovered patios, outdoor fireplaces, doghouses, tree houses, playground apparatus, waterfalls, or permanent landscaping shall be considered incidental uses/structures and not as accessory uses/structures subject to the provisions herein.
(2) Types of accessory uses/structures.
(a) Such buildings or structures as garages, carports, canopies, portechocheres, bath houses, cabanas, gazebos, storage buildings, greenhouses, guardhouses, video-satellite disks, fallout shelters, and similar accessory building or structures;
(c) Swimming pools. Swimming pools in residence zones 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:
1. Such pool shall be installed in the rear yard of the premises;
2. There shall be erected and maintained at minimum a good quality fence not less than five feet in height 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; and
3. 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) Amateur radio sending and receiving antennae, provided the height thereof including masts shall not exceed 75 feet measured from the finished lot grade at the base of the tower;
(e) Management office in multi-family dwelling complex and other structures providing services normally associated with tenants’ convenience; and
(f) Rummage sales as defined in this chapter.
(B) Height: setbacks. In any residence zone, an accessory building shall not exceed 17 feet in height and, when located in the rear yard, shall not be closer than three feet to the side and rear lot lines. In non-residence zones, an accessory building shall not exceed the height provision as established in the appropriate zone and, when located in the rear yard, shall not be closer than three feet to the side and rear lot lines.
(C) On corner lot. Accessory buildings located on the street side of a corner lot shall be setback a minimum the same distance as that required for the main building. If the main building setback is less than the required setback, then the accessory building shall be setback a minimum of the average of the main building setback and the setback of the main building on the adjacent property (or the required setback of the adjacent property, whichever is the least).
(D) On side yard. For an interior lot, an attached accessory building, or garage located on the side yard of a dwelling, shall be considered a part of the dwelling and not an accessory building and shall comply with the provisions of this chapter.
(Ord. 1991-07, passed 1-7-1991) Penalty, see § 10.99
§ 152.034 NONCONFORMING USES AND STRUCTURES.
(A) General. Within the zones established in this chapter, there exist nonconforming uses and structures which may continue to exist in accordance with the following provisions. The intent and goal of this section and this chapter is to lessen nonconforming uses and structures.
(B) Lots. In any zone permitting only single-family dwellings, a single-family dwelling shall be permitted on a lot which does not comply with the width and area requirements of this chapter, provided such lot was of record at the time of enactment of this chapter, and provided further that adjustments in yards are in accordance with provisions of this chapter. If two or more lots or parts of lots are in single ownership and enjoy continuous frontage at the time of the enactment of this chapter, and if all or part of such lots do not meet the width and area standards contained in this chapter, the lands involved shall be considered to be an undivided parcel. No portion of said parcel shall be used in a manner which may reduce compliance with the provisions of this chapter.
(C) Uses of land; abandonment. A nonconforming use of land shall not be enlarged, expanded, nor extended to occupy a larger area of land than was occupied at the time of the enactment of this chapter. A nonconforming use may be extended throughout any part of an existing structure which was arranged for such use prior to the enactment of this chapter. Such use shall not be moved in whole or in part to another location on the lot or parcel of land other than that occupied by the use at the time of the enactment of this chapter. If any such use ceases for a period of more than six months (except when government action or legal proceedings impede access to the premises, as determined by the Board of Zoning Appeals), any subsequent use of such land shall conform with the provisions of this chapter unless 66% or more of the surrounding uses of land within a 660-foot radius are also nonconforming uses of the same restriction as said subsequent use, thereupon, the proponent of said subsequent use shall apply for a certificate of nonconformity under the established procedures and additionally provide signed affidavits affirming the existence of surrounding nonconforming uses, as herein defined, of the same restriction. Said six-month limitation shall constitute an abandonment of the nonconforming use. Provided however, a property owner may commence repairs on restoration as provided in § 152.035 within said six-month limitation and will not be declared an abandonment if said repairs are completed within a reasonable time.
(D) Structures. A nonconforming structure shall not be moved in whole or in part to another location on the lot or parcel of land unless said relocation would bring the structure into conformance with the provisions of this chapter. If a nonconforming structure is made to conform, any future expansion or enlargement of said structure shall be in conformance with the provisions of this chapter. A nonconforming structure may be expanded or enlarged provided such expansion or enlargement would not further encroach upon the nonconforming characteristic of the structure.
(E) Substitutions. A nonconforming use may be changed to another nonconforming use of the same or greater restriction provided said change does not cause further violation of the performance standards of this chapter.
(Ord. 1991-07, passed 1-7-1991) Penalty, see § 10.99
§ 152.035 REPAIRS AND RESTORATION.
Nothing in this chapter shall prevent the repair of a nonconforming structure. Should such nonconforming structure or nonconforming portion of a structure be destroyed by any means, it may be reconstructed provided it does not further encroach upon the structure. Nothing shall prevent the repair of a structure containing a nonconforming use and, where the structure is destroyed by any means, the resumption of said use shall be subject to the provisions of § 152.034(C).
(Ord. 1991-07, passed 1-7-1991) Penalty, see § 10.99
§ 152.036 PROOF OF NONCONFORMITY.
(A) A certificate of nonconformity shall transfer with ownership of property and shall be considered proof of a legal nonconforming use with said use being subject to the applicable provisions of § 152.034.
(B) Upon written request by the Administrative Zoning Officer or by his or her own volition, the owner of a property shall present documentary evidence to said Officer that a building or use owned by him or her qualifies as a legal nonconforming use.
(Ord. 1991-07, passed 1-7-1991) Penalty, see § 10.99
§ 152.037 GENERAL EXCEPTIONS.
(A) Structures other than buildings. Towers, chimneys, stacks, spires, penthouses, cupolas, water tanks, silos, windmills, monuments, domes, grain elevators, and like structures may be built to a greater height than established in this chapter, except in the approach area of any airport where no structure shall be built which exceeds the maximum height permissible under the rules and regulations of any governmental agency. (See also § 152.054(A).)
(B) Projections. Cornices, eaves, sills, canopies, or similar architectural features, but not including bay windows or vertical projections, may extend or project into a required side yard not more than 18 inches and maximum of 36 inches into a front or rear yard. Any enclosed porch shall be considered as part of the main building.
(C) Setbacks. Where a new building or an addition to an existing building is proposed on a lot which adjoins two or more lots occupied by buildings, the setbacks for such new building or addition to an existing building shall be the main setback of the buildings on each side of the new building or addition to an existing building.
(D) Residential side yard. For a lot having a width of not less than 40 feet and not more than 50 feet at the building line at the time of the enactment of this chapter, residence buildings may have a minimum side yard of ten feet.
(Ord. 1991-07, passed 1-7-1991) Penalty, see § 10.99