HomeMy WebLinkAbout~Master - Zoning Ordinance (Repealing Chapter 42 of Municipal Code) In'st. E 1493
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-ORDINANCE NO.
AN ORDINANCE REPEALING CHAPTER 42 OF THE MUNICIPAL CODE OF THE CITY
OF AMES, IOWA; AND, ENACTING IN LIEU THEREOF AN ORDINANCE REGULATING
THE SIZE OF BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS, COURTS,
AND OTHER OPEN SPACES, THE PORTION OR PERCENTAGE OF LOT THAT MAY BE
OCCUPIED, THE DENSITY OF POPULATION, THE LOCATION AND USE OF BUILDINGS,
STRUCTURES, AND LAND FOR TRADE, INDUSTRY, RESIDENCE OP, OTHER PURPOSES.
ESTABLISHING THE BOUNDARIES OF DISTRICTS DEEMED BEST SUITED TO CARRY
OUT THE PROVISIONS OF THIS ORDINANCE REQUIRING THE ISSUANCE OF BUILDING
PERMITS BEFORE THE ERECTION, CONSTRUCTION, RECONSTRUCTION, CONVERSION,
ALTERATION, ENLARGEMENT, EXTENSION, OR MOVING OF ANYBUILDING OR
STRUCTURE, DEFINING CERTAIN TERMS, PROVIDING FOR A MANNER OF AMENDING
THIS ORDINANCE, REPEALING ALL OTHER ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT HEREWITH, AND PROVIDING PENALTIES FOR A VIOLATION OF ITS
PROVISIONS.
WHEREAS, the City Council of the City of Ames, Iowa deems it necessary
to enact a zoning ordinance under the laws of the State of Iowa in order to promote
the health, safety, morals or general welfare of the community; to lessen congestion
in the streets; to secure safety from fire,A'f°a°ff1c and other dangers; to provide ade-
quate light and air, to avoid undue crowding of population; to facilitate the adequate
provisions of transportation, water, sewage, schools, recreational facilities and
other public requirements; and to conserve the value of property and encourage the
most appropriate use of land throughout the City in accordance with a comprehensive
plan:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
AMES, IOWA:
Section 1. That Chapter 42 of the Municipal Code of the City of Ames, Iowa,
be and the same is hereby repealed, and the following be and the same is hereby en-
acted in lieu thereof to be known as Chapter 42 of the Municipal Code of the City of
Ames, Iowa:
42-1. Short Title: This ordinance shall be known and may be cited and
referred to as the "Zoning Ordinance" to the same effect as if the full
title were stated.
42-2. Definitions: For the purpose of interpreting this ordinance, certain
words, terms and expressions are herein defined. Words used in the
present tense include the future; the singular number includes the plural,
the plural includes the singular; the word "shall" is always mandatory.
1. Accessory Building: A subordinate building, the use of which is in-
cidental to that of the principal building or to the principal use of the pre-
mises. An accessory use is one which is incidental to the main use of
the premises.
2. Alley: For the purpose of this ordinance a public thoroughfare not more
than twenty-four (24) feet in width, for the use of vehicles which affords
only a secondary means of access to abutting property.
3. Alteration, Structural: Any change in the load bearing members of a
building, such as bearing walls, partitions, columns, beams, or girders.
The enlargement of the size or height of a building shall be construed to
be a structural alteration.
Page Two.
4. Apartment; A room or suite of rooms, with toilet and culliriary ac-
commodations, used or designed for use as a residence by a family, lo-
cated in a building containing two or more such rooms or suites or located
in a building devoted primarily to non-residential use.
5. Apothecary Shot. A shop operated as a retail use which sells only
drugs, prescription medicines, medical supplies and appliances and
pharmaceutical products,
6. Attic; A space under a Viable, hip or gambrel, or other roof, the fin-
ished floor of which is, or would be, at or entirely above the level of the
wall plates of at least two (2) exterior walls, and the height of which from
the floor level to the highest point of the roof, does not exceed ten (10) feet.
7. Basement: A "basement" is a story partly underground but having at
least one-half (1/2) of the height of one or more walls above the highest
level of the adjoining ground. A basement shall be counted as a story
Linder the provisions of this ordinance.
B. Billboard: Any flat surface twenty (20) square feet or more in area,
erected on a framework, or attached to posts, buildings or other struc-
tures, and used for the display of bills, posters or other advertising
matter, pasted, tacked or fastened thereto,
9, Block Frontage: The frontage of lots facing the street under consider-
ation which are comprised between two (2) adjacent streets or between a
street and a railway right-of-way, a natural barrier or the adjacent cor-
poration line.
10. Board: Board of Adjustment.
11. Boarding House: A building other than a hotel, fraternity house or
sorority house, where meals are regularly served for com p.ensation to
more than five (5) persons not members of the family there residing.
12. Building: A structure having a roof supported by columns or walls
for shelter, support, or enclosure of persons, animals or chattels. When
separated by division walls from the ground up without openings, each por-
tion of such structure shall be deemed a separate building.
13. Building, Height of: The perpendicular distance measured in a
straight line from the curb level to the highest point of the roof beams in
the case of flat roofs, and to the average of the height of the roof in the case
of pitched roofs, the measurement in all cases to be taken through the cen-
ter of the front of the building,Where a dwelling is situated on ground above
the curb level, such height shall be measured from the level of the adjoin-
ing ground, at the front building wall, provided the distance from the build-
ing to the street line is not less than the height of adjoining ground above
the curb level. Where a dwelling is on a corner lot and there is more than
one grade or level, the measurement shall be taken from the main entrance
elevation.
14. Building Line: A building set-back line shall be a line as established
under the provisions of Section 368. 10, Code of Iowa, 1962.
15. Building Wall: The wall of the principal building forming a part of the
main structure. The foundation walls of unenclosed porches or piazzas, steps,
walks and retaining wall or similar structure shall not be considered as
building walls under the provisions of this ordinance.
16. Business: The word ''Business'' or "Commercial" when used herein
refers to the engaging in the purchases, sale or exchange of goods or ser-
vices, or the operation for profit of offices or recreational or amusement
enterprises.
BOOK. la/ PAGE.ch�7
Page Three.
17. Convalescent Home: A building or premises in or on which care is
provided for two (2) or more invalid, infirm, aged, convalescent, or
physically disabled or injured persons, not including insane or other men-
tal cases, inebriate, or contagious cases, Nursing homes are convalescent
homes.
18, Carport: Space for the housing or storage of motor vehicles and en-
closed on not more than two (2) sides by walls, and is attached to the prin-
cipal building.
19, Court; An open, unoccupied space on the same lot and fully enclosed
on at least three (3) adjacent sides by walls of the buildings. An outer
court is any court facing for its full required width on a street, or on any
other required open space not a court.
20. Cellar: A story having more than one-half (1/2) of the height of all
walls below the highest level of the adjoining ground. A cellar shall not
be considered as a story for the purpose of this ordinance.
21. Clinic, Dental or Medical• A building in which a group of physicians,
dentists or physicians and dentists and allied professional assistants are
associated for the purpose of carrying on their profession. The clinic may
include a dental or medical laboratory. It shall not include in-patient care
or operating rooms for major surgery.
22. Club or Lodge (Private): An association of persons for the promotion
of some non-profit object, who are bona fide members paying annual dues,
which owns hires or leases a building, or portion thereof, except a frater-
nity or sorority, the use of such premises being restricted to members and
their guests. It shall be permissable to serve food and meals to members
and their guests on such premises provided adequate dining room space and
kitchen facilities are available and are operated in compliance with state
and local municipal laws.
23. Curb Level: The mean level of the curb or the established curb
grade in front of a lot.
24. District: A section or sections of the area of the City of Ames for which
regulations governing the use of buildings and premises or the height and area
of buildings are uniform.
25. Dwelling, Detached• A detached dweliing is one which is entirely sur-
rounded by open space on the same lot.
26. Dwelling: A building or portion thereof designed or used exclusively
for residential occupancy, but not includinghouse trailers, mobile homes,
hotels, motels, boarding and lodging houses, tourist courts or tourist homes.
27. Dwelling - - Single Family A building designed for or occupied ex-
clusively by one family.
28. Dwelling - - Two Family• A building designed for or occupied ex-
clusively by two families.
29. Dwelling - - Multiple Family_ A building designed for or occupied ex-
clusively by more than two families.
30. Enforcing Officer: The City Manager of the City of Ames, Iowa.
31.
Page Four.
31. Family: One person living alone, or two or more persons related by
blood, marriage, or legal adoption, living together as a single house-
keeping unit as distinguished from a group of unrelated persons occupying
a boarding or lodging house.
32. Farm: An area which is used for the growing of the usual farm
products such as vegetables, fruit trees and grain, and their storage, as
well as for raising ,thereon of the usual farm poultry and farm animals
such as horses, cattle, sheep and swine. The term ''Farming'' includes
the operating of such an area for one or more of the above uses, including
dairy farms with the necessary accessory uses for treating or storing the
produce; provided, however, that the operation of any such accessory uses
shall be secondary to that of the normal farming activities , and provided
further that farming does not include the feeding of garbage or offal to
swine or other animals.
33. Fraternity and Sorority: A building, other than a hotel that is ar-
ranged, intended or designed to be occupied as a residence for a group
of more than five (5) members there residing and having a charter granted
by The State of Iowa. Yard requirements for a dwelling shall apply.
34. Garage, Private: An accessory building or portion of a building used
only for the shelter and/or storage of vehicles by the occupants of the
dwelling, or the leasing of space as provided herein, including covered
parking space or carport.
35. Garage, Public: A building or portion of a building in which motor
vehicles are equipped for operation, repaired, stored or kept for remuner-
ation, hire or sale.
36. Gasoline Service Station: A building or portion of a building used
chiefly in connection with tanks, pumps and other appliances, for supply-
ing motor vehicles with gasoline, oil, compressed air, water and similar
supplies, but not for the purpose of making repairs. When the dispensing,
sale or offering for sale of motor vehicle fuel at retail is incidental to the
conduct of a public garage, the premises shall be classified as a public
garage.
37. Gross Floor Area: The sum of the gross horizontal areas of floors of
a building, including interior balconies and mezzanines, All horizontal
dimensions are to be between the exterior faces of walls.
38. Home Occupations: Any occupation or profession carried on by a
member of the immediate family, residing on the premises, in connection
with which there is used no sign other than a name plate not more than one
(1) square foot in area or no display that will indicate from the exterior that
the building is being utilized for any purpose other than that oZ a dwelling;
there is no commodity sold upon the premises; no person is employed other
than a member of the immediate family residing on the premises; and no
mechanical equipment is used except such as is customary for purely domes-
tic, household purposes.
39. Hospital; An institution providing health services, primarily for in-
patients, and medical and surgical care of the sick and injured, including
as an integral part of the institutioi, such related facilities as laboratories,
central service facilities, and staff offices,
40. Hotel: A building occupied as the more or less temporary abiding
place of individuals who are lodged with or without meals and in which there
are more than. twenty-five (25) sleeping rooms usually occupied independently.
B00 K....,1.�PAG E.-...'9
Page Five.
41. Junk Yard or Salvage Yard: An open area on any lot or parcel of land
which is used for the storage, abandonment or keeping of junk, including
scrap metals or scrap materials, or for the abandonment or dismantling
of machinery, motor vehicles, or other vehicles or parts thereof.
42. Laboratories, Medical or Dental: A laboratory which provides
bacteriological, biological, medical, X-ray, or pathological services to
doctors or dentists, or which provides custom or prescription appliances
directly connected with the treatment or care of human ailments.
43. Lawful Use: The use of a building or land which existed on June 1,
1925, or for which a zoning permit has been issued thereafter.
44. Lodging House: A building or portion thereof, other than a hotel or
motel providing rooms or sleeping accommodations for five (5) or more
persons for compensation, including rooming houses.
45. Lot: A lot is a parcel of land under one (1) ownership on which a
principal building and its accessories are or may be placed, together with
the required open spaces, having its frontage upon one (1) or more streets
or public place.
46. Lot Area: The area of a horizontal plane bounded by the front, side
and rear lot lines.
47. Lot, Corner: Lots conforming to the requirements of the following
specified conditions shall be considered as corner lots under the provisions
of this ordinance:
(a) a lot fronting on two (2) intersecting streets which form an
interior angle of one hundred and thirty-five degrees (1350)
or less and which lot has a frontage of not less than twenty-five
feet (25') on each of such streets.
(b) A lot located at the angle in a street where the interior angle
formed by the intersection of the street lines is one hundred and
thirty-five degrees (1350) or less and which lot has a frontage
of not less than twenty-five feet (25') on each leg of such angle.
48. Lot Depth: The distance from the front line to the rear lot line. In the
case of a lot of irregular shape, the mean depth shall be the lot depth,
49. Lot, Interior: An interior lot is any lot other than a corner lot,
50. Lot Width: The distance between the side lot lines, In the case of a
lot of irregular shape, the mean width shall be the lot width,
51. Lot Line, Front: In the case of an interior lot, abutting cn only one
street, the front lot line is the street line of such street, In the case of any
other lot, it may be such street line as is elected by the owner to be the
front line for the purpose of this ordinance.
52. Lot Line, Rear: That boor 3ary line which is opposite and, most distant
from the front line.
53. Lot Line, Side: Any boundary '1,i� iot a front lot line, or a rear lot line.
54. Lot of Record: A lot which is a part of a subdivision, the plat of which
has been recorded in the office of the County Recorder of Story County, Iowa;
or a parcel of land, the deed to which was recorded in the office of the County
Recorder prior to the adoption of this ordinance,
Page Six.
55. Lot, Through: A lot running through the block from street to street.
56. Mobile Home: Any occupied vehicle used or so constructed as to
permit, it being used as a conveyance upon the public streets and highways
and duly licensed as such, and shall include self-propelled or non self-
propelled vehicles so designed, constructed, reconstructed or added to by
means of an enclosed addition or room in such manner as will permit the
occupancy thereof as a dwelling or sleeping place for one or more persons,
having no permanent foundation and supported by wheels, jacks or similar
support.
57. Mobile Home Park: A mobile home park shall mean any site, lot,
field, or tract of land upon which two or more occupied mobile homes are
harbored, either free of charge or for revenue purposes, and shall include
any building, structure, tent, vehicle, or enclosure used or intended for
use as a part of such mobile home park.
58. Motel: A permanent building or group of buildings designed or
arranged primarily for temporary occupancy, so laid out as to provide
space for parking vehicles used by the traveling public. Such building
or group of buildings may include living quarters for the use of operating
personnel.
59. Non-Conforming Use: The lawful use of a building or land on the
effective date of this ordinance or amendment thereto, which use does not
conform to the provisions of this ordinance for the district in which it is
located.
60. Non-Conforming Building or Structure: A building or structure
which met all yard, area and building height regulations existing at the
time of construction, reconstruction or extension but, because of changes
in the ordinance, does not meet all current regulations.
61. Office: A place where business or services for others is transacted
and not a place where chattels or goods, wares or merchandise are com-
monly created, exchanged or sold.
62. Parking Lot: An area of land, a yard or other open space on a lot
used for or designed for use by standing motor vehicles, together with a
driveway connecting the parking lot with a public place.
63. Parking Space: A surfaced area, enclosed or unenclosed, on the lot,
sufficient in size to store one (1) standard automobile, together with a
driveway connecting the parking space with a public place, street or alley.
64. Porch, Open: A roofed structure, open on two (2) or more sides, pro-
jecting not more than eight (8) feet within the front yard, not more than three
(3) feet within a side yard, and not more than eight (8) feet within a rear yard,
An open porch may be enclosed by removable storm windows for periods not
exceeding seven (7) months in a twelve (12) month period.
65. Pre-School Nursery: The facilities of any dwelling, , institution or
organization which, for profit or no-i-profit, are used in the temporary
care of six (6) or more children at any �,ne time.
66. Principal Building: A principal. building is a non-accessory building
in which the principal use of the lot :., which it is located is conducted.
67. Public Notice: The publication of the time and place of any public
hearing not less than fifteen (15) days prior to the date of said hearing in
one (1) newspaper of general circulation in the municipality.
BOOK ZD/ PAGE
BOO K%...�.L....�.PAGE.. y`�a
Page Seven.
68. Public Place: An open or unoccupied public space more than
twenty (20) feet in width which is permanently reserved for the purpose
of primary access to abutting property.
69. Sign, Advertising or Poster Board: Structures, regardless of the
material used in the construction of the same, that are erected, maintained,
or used to advertise a business or attraction.
70. Sign, Announcement or bulletin Board: A sign or bulletin board erected
on the premises of a charitable, religious, or public institutionbr its own use.
71. Retail Store: Goods for sale to the ultimate consumer for direct con-
sumption and not for resale.
72. Shot? A use devoted primarily to the sale of a service or products, but
the service is performed or the product to be sold is prepared in its finished
form on the premises. Packaging is not considered to be preparation.
73. Story: A story is that part of a building comprised between any floor
and the floor or attic next above; the first story of a building is the lowest
story having at least one-half (1/2) of its height of one or more walls above
the highest level of adjoining ground.
74. Setback: The required distance between a lot line and the closest wall
of a conforming structure on the lot.
75. Street, Public: A public thoroughfare more than twenty-four (24) feet
in width.
76. Street, Front: The street or public place upon which a plot abuts. If
a plot abuts upon more than one street or public place, it shall mean the
street designated as the front street in the owner's application for a building
permit.
77. Street Line: The dividing line between a lot and a public street, alley
or place.
78. Street Wall: The wall of the principal building nearest the street under
consideration.
79. Structure: Anything constructed or erected, the use of which requires
location on the ground or attached to something having location on the ground,
but not including fences up to forty-two (42) inches in height, or poles and
appurtenances thereto used for the provision of public utilities,
80. Variance: A modification or variation of the provisions of this or-
dinance as applied to a specific piece of property, as distinguished from
rezoning.
81. Yard, Front: The required space, unobstructed to the sky, open for
the whole width of the lot extending from the nearest part of arty building on
the lot to the front lot line excluding, cornices, eaves, gutters or chimneys
projecting not more than thirty (30) inches, steps, bay windows, or similar
features not extending through more than one story and which do not aggregate
more than one-third (1/3) of the width of the frontage of the building, and
vestibules not more than one story in height and extending more than three
(3) feet beyond the front wall of the principal building, one story open porches
extending eight (8) or less feet into the front yard.
Page Eight.
82. Yard, Rear: The required open space, unobstructed to the sky, ex-
tending along the rear lot line (not a street line) throughout the whole width
of the lot to the rear of the principal building, excluding cornices, eaves,
gutters, chimneys projecting not more than thirty (30) inches, uncovered
steps, open porches, not more than one story in height, and extending not
more than eight (8) feet into the rear yard, and accessory buildings.
83. Yard, Side: The required open space, unobstructed to the sky, ex-
tending along the side lot line from the front yard to the rear yard, measured
from the nearest point on the building to the side yard line, excluding cornices,
eaves, gutters, chimneys, bay windows, and open porches not exceeding three
(3) feet in width, or similar features extending not more than one story in
height which project into the side yard but are three (3) feet or less from
the adjacent lot line.
84. Zoning- Permit: The permits issued by the enforcing officer author-
izing the use of the land for the purpose specified in the document.
BOOK. PAGE....�..
BOOK.- PAGE....�`��`
Page Nine.
42-3 Establishment of Districts: For the purpose of this ordinance, the City is
hereby divided into fifteen (15) classes of districts as follows:
"F-1" District ( Flood Plain)
"A-1" District (Agricultural)
"R-1" District (Single Family Dwelling)
11R-2" District (Two Family Dwelling)
"R-3" District (Multiple Family Dwelling)
"R-4" District (Multiple Family Dwelling)
"H-M" District (Hospital - Medical)
"C-1" District (Office and Shop)
"C-2" District (General Commercial)
"C-3" District (Highway Commercial)
"C-4" District (Retail Commercial)
"C-5" District (Planned Shopping)
"I-1" District (Light Industrial)
"I-2" District (Heavy Industrial)
"I-3" District (Planned Industrial)
42-3. 1 Newly Annexed Territory. All territory which may hereafter be annexed
to the City shall automatically be classed as lying in the "R-1" District (Single
Family Dwelling) until such classification has been changed by an amendment to the
zoning ordinance as provided by law.
42-4 Establishment of Official Zoning Map: The City is hereby divided into districts
as shown on the Official Zoning Map which, together with all its designations and ex-
planatory matter thereon, is hereby adopted by this reference thereto and declared to
be a part of this ordinance. The Official Zoning Map shall be identified by the signa-
ture of the Mayor attested by the City Clerk, and bearing the seal of the City under
the following words: "Ordinance No. 2109 of the City of Ames, Iowa, adopted
December 21, 1965 Regardless of the existence of purported copies of the Official
Zoning Map which may from time to time be made or published, the Official Zoning
Map which shall be located in the office of the Zoning Enforcement Officer shall be
the final authority as the current zoning status of land and water areas, buildings,
and other structures in the City.
42-4. 1 Amendment of Official Zoning Map. If, in accordance with tl e provisions of
this ordinance, changes are made in district boundaries or other matter portrayed on
the Official Zoning Map, such changes shall be made on the Official Zoning Map, and a
certified copy of the amending ordinance shall be attached to or kept with. the Official
Zoning Map. On the certified copy of the amending ordinance shall be placed the
certificate of the official making the change in the Official Zoning Map and the date
thereof. No changes of any nature shall be made in the Official Zoning; Map or matter
shown thereon except in conformity with the procedures set forth in this ordinance.
Any unauthorized change of whatever kind by any person or persons shall. be considered
a violation of this ordinance and punishable as provided under section 22 of this or-
dinanc e.
42-5 Replacement of Official Zoning Map. In the event that the Official Zoning Map
becomes damaged, destroyed, lost, or idffi.cult to interpret because of the nature or
number of changes and additions, he City Council may, by ordinance adopt a new
Official Zoning Map which shall supercede the prior Official Zoning Map. The new
Official Zoning Map may correct drafting or other errors or omissions in the prior
Official Zoning Map, but no such correction shall have the effect of amending the
original zoning ordinance or any subsequent amendment thereof. The new Official
Zoning Map shall be identified by the signature of the Mayor attested by the City
Clerk, and bearing the seal of the city under the following words: "This is to certify
that this Official Zoning Map supercedes and replaces the Official Zoning Map
adopted (date of adoption of map being replaced) as part of Ordinance No. 2109
of the City of Ames, Iowa, and as amended by ordinances numbered "
Page Ten.
42-6 Rules for Interpretation of District Boundaries. Where uncertainty exists
as to the boundaries of districts as shown on the Official Zoning Map, the following
rules shall apply:
A. Boundaries indicated as approximately following the center lines of
streets, highways, or alleys shall be construed to follow such center
lines.
B. Boundaries indicated as approximately following platted lot lines shall
be construed as following such lot lines.
C. Boundaries indicated as approximately following city limits shall be
construed as following city limits.
D. Boundaries indicated as following railroad lines shall be construed to
be midway between the main tracks.
E. Boundaries indicated as following shore lines shall be construed-4e
folloV'such shore lines, and in the event of change in the shore line
shall be construed as moving with the actual shore line; boundaries
indicated as approximately following the center lines of streams, rivers,
canals, lakes, or other bodies of water shall be construed to follow such
center lines.
F. Boundaries indicated as parallel to or extension of features indicated in
subsections 1 through 5 above shall be so construed. Distances not
specifically indicated on the Official Zoning Map shall be determined
by the scale of the map.
42-7 Application of District Regulations. The regulations set by this ordinance
within each district shall be minimum regulations and shall apply uniformly to each
class or kind of structure or land, and particularly, except as hereinafter provided:
A. No building, structure, or land shall hereafter be used or occupied, and
no building or structure or part thereof shall hereafter be erected, con-
structed, reconstructed, moved, or structurally altered unless in con-
formity with all of the regulations herein specified for the district in
which it is located.
B. No building or other structure shall hereafter be erected or altered to
exceed the height; to accommodate or house a greater number of
families; to occupy a greater percentage of lot area; or to have
narrower or smaller rear yards, front yards, side yards, or other
open spaces; than herein required; or in any other manner contrary to
the provisions of this ordinance.
C. No part of a yard, or other open space, or off-street parking or loading
space required about or in connection with any building for the purpose
of complying with this ordinance, shall be included as part of a yard,
open space, or off-street parking or loading space similarly required
for any other building.
D. No yard or lot existing at the time bf passage of this ordinance shall be
reduced in dimension or area below the minimum requireme:ts set forth
herein. Yards or lots created after the effective date of this ordinance
shall meet at least the minimum requirements established by this or-
dinance.
E. Not more than two dwellings shall be permitted on any lot, tract, or
parcel of land until the same has been platted in accordance v,✓ith the
laws of the State of Iowa, except as may be otherwise specifically
provided in this chapter,
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Page Eleven.
F. No building in the rear of any principal building on the same interior lot
shall be used for residence purposes, except as may be otherwise
specifically provided in this chapter.
G. Any lot upon which a principal building is placed shall abut on a street
or a public place.
H. Nothing in this ordinance shall prevent the restoration of any wall or
other portion of a building declared unsafe by an authorized public
official.
42-8 Non-Conforming Uses, Buildings or Structures. The following provisions
shall apply to non-conforming uses, buildings and structures in the City of Ames:
A. Non-conforming use may be continued: A non-conforming use, although
such use does not conform to the provisions hereof, may be continued,
but if such non-conforming use is discontinued for a period of one (1)
year, any future use of said premises shall be in conformity with the
provisions of this ordinance.
B. Non-conforming building or structure may be extended: A non- conforming
building or structure may be extended provided such extension does not
violate any of the yard, area or height regulations of this ordinance or
create or enlarge a non-conforming use.
C. Non-conforming building or structure may be reconstructed; Nothing in
this ordinance shall prevent the reconstruction of a non-conforming
building or structure destroyed by fire or other calamity or prevent the
continuance of the use of such building or structure or part thereof as
such use existed at the time of such destruction; provided that any
reconstruction shall be begun within six (6) months after such destruction
and shall be diligently prosecuted thereafter.
D. Non-conforming uses substitued: The substitution of one non-conforming
use for another of the same or more restricted classification will be
permitted when such substitution will not cause congestion in the street
or endanger the health, safety, morals or general welfare of the district
in which it is located. There shall be no increase in the floor area of
the building or in the lot area to accommodate such substituted use.
42-9. 1 "F-1" District (Flood Plain). The regulations set forth in this section,
or set forth in this chapter when referred to in this section, are the regulations
in the "F-1" District, It is intended that this district is established to accommodate
flood water. Only uses which will not interfere with the flow of water or decrease
the water storage capacity of this area will be permitted. Land shall be used only
for the following purposes, providing further that no buildings shall be permitted;
Parking lot
Railroad right-of-way and trackage
Farm or Apiary
Forests
Plant Nursery
Pasture
Parks, including picnic tables and similar facilities normally found
in park areas
Golf ball driving range
Golf course
Tennis court and similar game areas, including the structures nor-
mally used in the playing of the game
Nature and wild life reserves
Page Twelve.
42-9. 2 "A-1" District (Agricultural). The regulations set forth in this section,
or set forth in this chapter when referred to in this section, are the regulations
in the "A -1" District. It is intended that this district is established to accommodate
areas predominately agricultural in character or undeveloped for an urban use.
As urban development expends, areas suitable for such use will be rezoned according
to the comprehensive plan. A building or premises shall be used only for the following
purposes:
One-family dwellings
Home occupations
Railroad right-of-way and trackage
Private garage or accessory building
Utility substation
Granary
Farm or Apiary
Forest
Plant nursery
Stable
Golf course, except miniature courses and driving tees operated for
commercial purposes
Country clubs
Parks
Off-street parking lot in conjunction with a use permitted in this district.
42-9. 3 "R-1" District (Single Family Dwelling). The regulations set forth in this
section, or set forth in this chapter when referred to in this section, are the regu-
lations in the "R-1" District, It is intended that this district is established to
accommodate single family dwellings and uses customarily found in low density
residential areas such as churches, public and parochial schools, golf courses
and parks. A building or premises shall be used only for the following purposes;
One-family dwelling
Private garage or accessory building
Home occupation
Railroad right-of-way and trackage
Utility substation
Church or Sunday school
Public school
Private school having curriculum similar to that offered by public schools
Golf course, except miniature courses and driving tees operated for
commercial purposes
Country Club
Parks
Off-street parking lot in conjunction with a use permitted in this district.
42-9. 4 "R-2" District (Two Family Dwelling), The regulations set forth in this
section, or set forth in this chapter, when referred to in this section, are the
regulations in the "R-2" District. It is intended that this district is established
to accommodate single and two family dwellings and other uses customarily found
in low density residential areas such as churches, public and parochial schools,
golf courses and parks. A building or premises shall be used only fox• the following
purposes:
Any use permitted in the "R-1" District,
Two-family dwelling
Telephone exchange building
42-9. 5 "R-3" District (Multiple Family Dwelling). The regulations set forth in
this section, or set forth in this chapter when referred to in this section, are the
regulations in the "R-2" District. It is intended that this district is established to
permit medium density multiple family developments in the suburban areas, and
BOO K/�P GE...�'`
BOOK1e_.PAGE.
Page Thirteen.
to serve as a transition from high density developments to single family resi-
dential areas. A building or premises shall be used only for the following purposes:
Any use permitted in the "R-2" District.
Multiple family dwelling
Boarding house
Lodging house
42-9. 6 "R-4" District (Multiple Family Dwelling), The regulations set forth in
this section, or.as set forth in this chapter when referred to in this section, are
the regulations in the "R-4" District. A building or premises shall be used only
for the following purposes:
Any use permitted in the "R-3" District,
Club or Lodge
Fraternity or Sorority
Institution of educational, religious, charitable or philanthropic nature
42-9. 7 "H-M'District (Hospital Medical), The regulations set forth in this section,
or set forth in this chapter when referred to in this section, are the regulations in
the "H- M" District. It is intended that this district is established to accommodate
commercial and professional uses directly associated with medical and dental treat-
ment of human ailments. A building or premises shall be used only for the following
purposes:
Any use permitted in the "R-4" District.
Apothecary shop
Retail sale of medical and dental supplies
Doctor's or dentist' s office
Hospital for treatment of humans
Laboratories -- medical and dental
Medical clinic
42-9. 8 "C-1" District (Office and Shop). The regulations set forth in this section,
or set forth in this chapter when referred to in this section, are the regulations in
the "C-1" District. It is intended that this district is established to accommodate
small retail stores, offices and service shops. A building or premises shall be
used only for the following purposes:
Any use permitted in the "R-4" District.
Antique shop
Barber shop
Beauty shop
Business office
Confectionary shop
Dentist's or doctor's office
Florist shop
Gift shop
Gunsmith shop
Laundry or dry cleaning pick-up station
Locksmith
Professional office
Professional or commercial scho)l
Studio-photography, artist, dance or musician
Tailoring, dressmaking or millinery shop
Page Fourteen.
42-9. 9 "C-2" District (General Commercial). The regulations set forth in this
section, or set forth in this chapter when referred to in this section, are the
regulations in the "C-2" District. It is intended that this district is established
to accommodate retail outlets, wholesale outlets and service commercial es-
tablishments. A building or premises shall be used only for the following purposes:
Any use permitted in the "C-1" District, provided, however,
that no building or land shall be used for a dwelling other than a
multiple dwelling containing six (6) or more apartments constructed,
converted or altered specifically for that purpose or an apartment or
apartments erected or provided in conjunction with any store or shop.
Auction house
Automatic vending sales including both indoor and outdoor
Automatic car wash
Bank
Bus Depot
Bus garage
Bakery
Cold storage or refrigeration plant
Crating and packing service
Drive-in eating establishment
Dry cleaning establishment
Furniture cleaning, demothing, upholstering, repairing refinishing
Garden center
Gasoline service station
Golf ball driving range or miniature golf course
Hotel
Indoor recreation establishment
Laboratories
Laundry
Lumber yard
Machinery sales and repairing
Mail order store
Meat cutting, wrapping and processing plant
Messenger or telegraph service
Motel
Newspaper shop
Open storage of building materials, lumber, coal, machinery
and pipe
Parcel delivery service
Printing Shop
Public garage, provided, however, that any land used in conjunction
with a public garage, and as a junk yard as defined in this chapter any part
of which abuts on any District hereinbefore set forth, shall be completely
enclosed with a wall or chain link fence at least six feet in height. There
shall be only one opening in the wall or fence facing any public street for
each 200 feet of length. Such fencing shall be subject to approval of the
City Manager and sight clearance at street intersections.
Retail establishment
Rental service
Repair shop - - machinery and equipment
Restaurant
Shoe repair shop
Tourist home
Well drilling service
Warehousing
Wholesale establishment
Tennis courts and similar game areas
Any use similar to those above
Television and Radio Studios
BOOK. �o� PAGt.��
Boo K.!�./J'AGE..'2ela
Page Fifteen.
42-9. 10 "C-3" District (Highway Commercial). The regulations set forth in this
section, or set forth in this chapter when referred to in this section, are the regu-
lations in the "C-3" District. It is intended that this district is established to
accommodate commercial activities which will be convenient to a motorist. A
building or premises shall be used only for any use permitted in the "C-2" District.
42-9. 11 "C-4" District (Retail Commercial). The regulations set forth in this
section, or set forth in this chapter when referred to in this section, are the regu-
lations in the "C-4" District. It is intended that this district is established to
accommodate civic and financial institutions, professional and business offices and
retail businesses in close proximity. A building or premises shall be used only for
any use permitted in the "C-3" District. There are no Off Street Parking or loading
regulations in this District.
42-9. 12 "C-5" District (Planned Shopping). The regulations set forth in this
section, or set forth in this chapter when referred to in this section, are the regu-
lations in the "C-5" District. It is intended that this district is established to ac-
commodate shopping facilities of integrated design, located in residential neighbor-
hoods. A building or premises shall be used only for the following purposes:
Automatic car wash
Apothecary shop
Automatic vending sales - - including outdoor ice vending and
refreshment machines
Barber shop
Beauty shop
Business office
Book or stationery store
Bank
Bakery
Clothing or shoe store
Confectionery store
Coin-operated laundry and/or dry cleaning establishment
Drug Store
Doctor's or dentist's office
Department store
Drive-in eating establishment
Dry cleaning establishment
Dry goods or notions store
Dressmaking or millinery shop
Florist or gift shop
Grocery, fruit or vegetable store
Gasoline service station
Hardware or electric appliance
Indoor recreation establishment
Jewelry store
Laundry or dry cleaning pick-up station
Professional office
Variety store
Shirt laundry or specialty laundry with a total washer capacity not to
exceed 100 pounds
Other similar retail and service establishments,
A. Requirements of the Plan. The owner or owners of a tract of land which
comprises five (5) acres or more of continguous land, not separated by public
streets, may submit to the City Council a plan for the use and development of
such tract for the purposes of and meeting the requirements set forth in this
Section. Said plan shall be accompanied by evidence concerning the feasibility
of the project and its effects on surrounding property and other physical con-
ditions, which plan and supporting evidence shall include each of the following:
(1) A plot plan defining the areas to be developed for buildings, the
areas to be developed for parking, the location of pedestrian. and
Page Sixteen.
vehicular circulation and the points of ingress and egress, including
access streets where required, the location and height of walls, the
prov.sion of spaces for loading, the location, size and number of
signs and adjustments to be made in relation to abutting land uses and
zoning districts.
(2) Six (6) copies of said plot plan shall be submitted showing the
size of the tract of land, foundation dimensions of the proposed
structures, proposed yard depths, the width of street access, curb
openings and areas designed for pedestrian or vehicular traffic and
parking spaces, and such other dimensions as may be necessary.
(3) A market analysis prepared by a qualified expert indicating the
market to be served, the types and amount of service needed and
general economic justification.
(4) A traffic survey prepared by a qualified expert indicating the
effects of the proposed shopping center on adjacent streets and also
indicating the anticipated points of origin and direction and the
amount of traffic flow to and from the shopping center.
(5) A statement of financial responsibility to assure construction of
the planned shopping center, including landscaping in accordance
with the plan and the requirements of this Section. Such statement
shall include a letter from any lending institution involved and an
affidavit showing assets to be used in developing the shopping center.
B. Review and Procedure. Before taking any action thereon, the proposed
planned shopping center plan, together with all required statements and sup-
plementary information shall be referred to the City Plan Commission for
study and report. The recommendations of the City Plan Commission shall
be accompanied by a report stating the reasons for its action.
C. Permits. In any area zoned "C-5" District, the provisions of Section
42-17, relating to zoning permits, shall apply. In event of any variation in
the site plan, as approved by the City Council, the zoning enforcement officer
shall deny the permit, and the applicant for such permit may revise or amend
his plan and re-submit the same to the City Council for approval as an original
plan. The building official shall issue no building permits after five years
from the date of approval of the plan.
42-9. 13 "I-1" District (Lia'ht Industrial), The regulations set forth in this section,
or set forth in this chapter when referred to in this section, are the regulations in
the "I-1" District. It is intended that this district is established to accommodate
business and industrial uses which do not create excessive noise, smell, dust or sim-
ilar problems, but demand truck traffic, use extensive outdoor storage, use exten-
sive warehousing or other similar characteristics which make them incompatible uses
in foregoing districts, A building or premises shall be used only for the following
purposes;
Any use permitted in the "C-4" District except dwellings,
Asphalt processing plant
Assembly plant
Cellophane products manufacturing
Concrete central mixing and proportioning plant
Dairy products (processing)
Extraction of sand, gravel and other raw materials, rock crushing,
sand and gravel washing
Feed manufacturing, processing and wholesaling
Food products manufacturing, except fish, meat products, sauerkraut,
vinegar, yeast and rendering or refining of fats and oils.
BOOK.
Page Seventeen.
Iron works - - ornamental (no foundry, drop hammer or no punch
press over 20 tons capacity)
Leather products manufacturing - - previously prepared leather
Paper products manufacturing - - previously prepared paper
Pharmaceutical drugs manufacturing
Plastic products manufacturing - - previously prepared plastic
Sheet metal shop
Soft drink manufacturing or bottling
Textile products manufacturing
Tire recapping, retreading or rebuilding
Tool manufacturing - - no drop hammer or no punch press over 20 tons
Toy manufacturing
Welding shop
Wood products manufacturing
Any use similar to those above
42-9. 14 "1-2" District (Heavy Industrial). The regulations set forth in this section,
or set forth in this chapter when referred to in this section, are the regulations in the
"I-2" District. It is intended that this district is established to accommodate business
and industrial uses whose operation might tend to produce excessive noise, odor, gas,
smoke, dust, danger or tend to create a nuisance. A building or premises shall be used
only for the following purposes:
Any use permitted in the "I-1" District.
Acid manufacturing
Bulk storage of liquid fuel
Bulk storage of liquid fertilizer
Cement, lime, gypsum or plaster of paris manufacturing
Distillation of bones
Fat rendering
Fertilizer manufacturing
Glass products manufacturing
Garbage, offal or dead animal reduction or dumping
Gh; e manufacturing
Petroleum refining
Smelting of tin, copper, zinc or iron ores
Salvage yard
Any use similar to those above
42-9. 15 "I-3" District (Planned Industrial). The regulations set forth in this
section, or set forth in this chapter when referred to in this section, are the regu-
lations in the "1-3'' District. It is intended that this district is established to accom-
modate business and industrial facilities in planned units which can be located closer
to residential areas than might be otherwise desirable. A building or premises shall
be used only for the following purposes:
Art needlework, hand weaving and tapestries
Books, hand binding and tooling
Jewelry, manufactured from precious metals
Laboratories, research, experimental and testing
Manufacture of clay, leather, metal and glass products of a handicraft nature
Manufacture of medical, dental and drafting instruments
Manufacture of optical goods and equipment, watches, clocks and
other similar precision instruments
Manufacture of small electrical or electronic apparatus
Motion picture producing
Offices: business, professional and governmental
Radio and television broadcasting stations and studios, but not
including sending or receiving towers
Page Eighteen.
Generally those office, 'laboratory and manufacturing uses similar
to those listed in this Section which do not create any danger to health
and safety in surrounding areas and which do not create any offensive
noise, vibration, smoke, dust, odors, heat or glare, and which, by
reason of high value in relation to size and weight of merchandise handled,
create very little truck traffic.
Accessory Uses
A. Requirements of the Plan. The owner or owners of a tract of land which
comprises ten (10) acres or more of continguous land, not separated by public
streets, may submit to the City Council, a plan for the use and development
of such tract for the pu=poses of and meeting the requirements set forth in this
Section. Said plan shall be accompanied by evidence concerning the feasibility
of the project and its effects on surrounding property and other physical con-
ditions, which plan and supporting evidence shall include each of the following:
(1) A plot plan defining the areas to be developed for buildings, the areas
to be developed for parking, the location of pedestrian and vehicular cir-
culation and the points of ingress and egress, including access streets
where required, the location and height of walls, the provision of spaces
for loading, the location, size and number of signs and the character and
extent of landscaping and other treatment for adjustment to surrounding
property.
(2) Six (6) copies of said plot plan shall be submitted showing the size
of the tract of land, foundation dimensions of the proposed structures,
proposed yard depths, the width of street access, curb openings and areas
designed for pedestrian or vehicular traffic and parking spaces and such
other dimensions as may be necessary.
(3) A traffic survey prepared by a qualified expert indicating the effects
of the proposed development on adjacent streets, and also indicating the
anticipated points of origin and direction and the amounts of traffic flow
to and from the development.
(4) Information concerning the number of persons to be employed and the
nature of the activities to be carried on.
(5) A statement of financial responsibility to assure construction of the
planned development, including landscaping in accordance with the plan and
the requirements of this Section. Such statement shall include a letter from
any lending institution involved and an affidavit showing assets to be used in
financing the development.
B. Review and Procedure. Before taking any action thereon, the proposed
planned industrial development plot plan, together with all required statements
and supplementary information shall be referred to the City Plar, Commission
for study ind report. If the Commission approves the plans, they shallt
then be submitted to the City Council for official adoption or disapproval,
The approval and recommendation of the City Plan Commission shall be ac-
companied by a report stating the reasons for approval and finding that the
data and plans required and the improvements that would result therefrom
are economically sound and desirable_ivi'l not adversely affect the health,
safety or general welfare of the citizens, will not result in excessive traffic
congestion and will not result in any undue depreciation of values on surround-
ing property.
800K.4 d 4 .PAGk...-`! .
Page Nineteen.
C. Permits. In any area zoned "I-3" District, the provisions of Section
42-17, relating to zoning permits, shall apply. In event of any variation
in the plot plan as approved by the City Council, the zoning enforcement
officer shall deny the permit, and the applicant for such permit may revise
or amend his plan and resubmit the same to the City Council for approval
as an original plan. The building official shall issue no building permits after
five years from the date of approval of the plan.
42-10. 1 Fences and Walls. In any "A-1", "R-111, "R-2" or "R-3" District, fences
and walls not exceeding six (6) feet in height are permitted within the limits of side and
rear yards. A fence or wall not exceeding four (4) feet in height is permitted within
the limits of front yards. In the case of retaining wails supporting embankments, the
above requirements shall apply only to that part of the wall above the ground surface of
the retained embankment. In all other districts, fences and walls not exceeding eight
(8) feet are permitted within the limits of any yard.
42-10. 2 Vision Clearance. On any corner lot in any
11
R-411, "H-M" or "C-1 District, no fence, wall or other structure shall be erected,
or no foliage plant shall be permitted to grow to a height of more than three (3) feet
above the elevation of the established curb grade at the intersection of the streets on
that part of any yard which is bounded by the street lines of the intersecting streets and
a line connecting two (2) points on said street lines twenty (20) feet from their point of
intersection.
42-10 3 Signs Advertising Real Estate. Real estate signs advertising for sale,
rent or lease only, the premises, lots or tracts on which they are located, are per-
mitted in all districts. The area in square feet of any such sign shall not exceed one-
tenth (1/10) of the continuous street frontage in feet of the lot or tract, except that a
sign not exceeding eight (8) square feet in area shall be permitted in any case and no
sign shall exceed thirty (30) square feet.
42-10 4 Announcement Signs - Bulletin Boards. In any district anncuncements signs
or bulletin boards are permitted, provided such signs or boards do not exceed six-
teen (16) square feet in area and are erected upon the premises of a charitable, reli-
gious or public institution for its own use, and are not erected within twenty-five (25)
feet of a street line.
42-10 5 Poster Boards and Advertising Signs. In any "C-1" District poster boards
and advertising signs are permitted, providing such signs and boards do not exceed
thirty (30) square feet and that they do not encroach upon a front yarci or, in the case
of a corner lot, upon a side yard. In any "C-211, 11C-3", "C-411, "C-5'' or "I" District,
poster boards and advertising signs are permitted where such boards and signs conform
to the ordinance requirements of the City of Ames.
42-10 6 Private Garages and Accessory Buildings. In any "A-111, "R-111, "R-211
,
"R-311, "11-411, "H-M" or "C-1" District the following requirements shall apply to
garages and accessory buildings:
A. A private garage is permitted in the side or rear yard on the same lot
with a dwelling either as a separate building or in a separate room within,
or attached to the dwelling. In any "A-1", "R-1" or 11R-2" District, the num-
ber of spaces for motor vehicles shall be no greater than two more than the
number of dwelling units permitted on the premises.
B. Each detached private garage or accessory building shall be not less than
two (2) feet from a party lot line or alley line, except that when any part of
such accessory building is within fifty (50) feet of any street or public place
upon which the lot abuts, such building shall be not less than six (6) feet from
any lot line which serves as the front portion of a side lot line to any adjoining
property.
C. No detached garage or accessory building is permitted within the limits of
a front yard,
Page Twenty.
D. A detached garage malt be erected across a common lot line by mutual
agreement of the adjoining lot owners.
E. Accessory buildings within a rear yard may not occupy more than
one-half (1/2) of such area.
F. No detached garage or accessory building may be placed in any rear yard
or any side yard so that any part of such building is nearer a street line than
is permitted for a wall of a principal building on the same lot. In interpreting
this regulation, each twelve (12) feet in height of the garage or accessory
building shall be considered a story.
G. No garage or accessory building shall contain living quarters.
42-10. 7 Council Requirements. In any ''C-5'' or "I-1" District or planned residen-
tial unit under Section 42-16, the City Council may make such reasonable require-
ments as deemed necessary for public streets, utilities, sidewalks and other matters
in connection with the property within the plan or on public property abutting thereon;
and, may require the owner of the tract of land to post bond for the performance of each
such requirement.
42-11 Height, Yard, Lot Width and Area Requirements . The maximum height of
a building; the minimum front, rear and side yard requirements; the minimum lot
width at the building line and street line; and the minimum lot area per dwelling unit,
for all districts, shall be governed and regulated by the requirements shown in the
chart hereinafter set forth under this section and the footnote thereto, except as other-
wise specifically provided in other sections of this Zoning Ordinance.
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42-12. 1 Front Yard Variation. In any "R-1" or "R-2" District the required front
yard depth for a principal building located on a lot within seventy (70) feet measured
along the street line from the nearest corner of the lot under consideration, to any
portion of two (2) or more lots in the same block and which lots are occupied by
dwellings that front on the same street as the proposed principal dwelling, shall be the
average of the front yard depth of such existing dwellings. In computing such front
yard depth existing buildings with front yard depths greater than fifty (50) feet shall
be assumed to have a front yard depth of fifty (50) feet and a building with a front
yard depth less than thirty (30) feet shall be assumed to have a depth of thirty (30)
feet.
42-12. 2 Through Lots. On through lots, the required front yard shall be provided
on both streets.
42-12. 3 Porches. An open porch may project in the required front yard for a
distance of not more than eight (8) feet; the required side yard for a distance of
not more than three (3) feet; and the required rear yard for a distance of not more
than eight (8) feet.
42-12. 4 Alley on Rear Yard. Where a lot abuts on an alley, one-half (1/2) of the
alley width may be considered as part of the required rear yard.
42-12. 5 Stairways and Chimneys. Open or lattice-enclosed fire escapes, outside
stairways and balconies opening upon fire towers, and the ordinary projections of
chimneys and flues into a rear yard may be permitted for a distance not to exceed five
(5) feet when these are so placed as not to obstruct light and ventilation.
42-12. 6 Multiple Buildings. More than one principal building may be erected upon
a lot in the case of commercial or industrial buildings or of multiple dwellings, hos-
pitals, institutions and public buildings, where such uses are permitted, provided
that all yards otherwise required on the lot for a single building are observed.
42-12, 7 Lot of Record - Width and Yard Requirements. Where a lot of record
at the time of the effective date of this ordinance has less width than herein required
in the district in which it is located and the owner of such lot does not own any other
parcel or tract adjacent thereto, said lot may nonetheless be used for a one-family
dwelling or for any non-dwelling use permitted in the district in which it is located,
providing that all yard requirements are met.
42-12. 8 Height in Relation to Airport. No building exceeding two (2) stories or
thirty (30) feet shall be erected within seven hundred fifty (750) feet of any airport,
landing field or landing strip.
42-13. 1 Lot of Record - Area Requirement, Where a lot of record at the time of
the effective date of this ordinance has less area than herein required in the district
in which it is located, and the owner of such lot does not own any other parcel or
tract adjacent thereto, said lot may nonetheless be used for a one family dwelling or
for any non-dwelling use permitted in the district in which it is located.
42-13. 2 Reducing Size of Lots in New Subdivisions The area of lots in new develop-
ments in "R-1" or "R-2" Districts maybe reduced in conformance with the following
requirements, and when subdivisions are approved as herein provided the lots shall be
deemed to meet all the requirements of this chapter,
A. The maximum number of lots that can be created by a subdivision for
residential purposes within a residence district or districts shall be computed
by sub tracting 15 per cent of the total area being subdivided and dividing the
remaining area by the minimum lot area requirement of the district or districts
within which the new subdivision is located. This method shall apply regardless
B 0 0 K . PA G E...S.zZ
Page Twenty-three.
of the amount of land actually required for street right-of-way and regardless
of the amount of land, if any, to be set aside for common use.
B. Common land for open space or recreation use within any subdivision
which can accommodate a minimum of twenty-five (25) or more lots may be
set aside for use by the owners of residential lots; or some of the lot sizes in
the subdivision may be reduced below the normal requirements of the district,
so that other lots can be enlarged; but the maximum number of lots to be
created shall be determined as set out in (A) above, and the area of any lot
that is reduced beyond the normal minimum requirements of the district shall
not be less than the following special minimum standards:
District Normal Minimum Special Minimum
lot area lot area
10, 000 sq. ft. 7, 500 sq. ft.
"R-2" 6, 000 sq. ft. 5, 000 sq. ft.
C. The location, extent and purpose of common land proposed to be set aside
for open space or recreational use within any subdivision must be reviewed by
the City Plan Commission before the provision of 2 (B) above shall apply. A
private recreation use, such as a golf course or swimming pool whose use is
reserved to owners or occupants of lots located within the development may
qualify as common land as well as historic buildings or sites, parkway areas,
and ornamental parks. Agricultural land, low land along streams, or areas of
rough terrain may also be included when such areas are extensive, continuous
and have natural features worth preserving.
D. The maintenance of common land for open space or recreation use shall be
administered by a mandatory home owners' association of all property owners
in the development.
E. All of the above exceptions shall be subject to the approval of the City
Council after being reviewed by the City Plan Commission. The City Plan
Commission shall consider the topography, tree cover, and other natural
features of the site, as well as the standards of this Ordinance, the Subdivision
Ordinance, and recognized principles of landscape architecture and land use
planning.
42-14. 1 Off-street Parkin. In all districts there shall be provided at the time any
building is erected or structurally altered (except as otherwise provided in this Chap-
ter), off-street parking spaces in accordance with the following requirements:
A. Dwellings: one and two-family dwellings--one parking space for each
dwelling unit; multiple dwellings--one and one-half parking spaces for each
dwelling unit.
B. Rooming, Lodging or Boarding House: One parking space for each sleeping
room.
C. Fraternity or Sorority: One parking space for each three hundred (300)
square feet of floor area in the building.
D. Private Club or Lodge Including Golf Clubs; One parking space for every
five memberships.
E. Church or Temple; One parking space for each eight seats in the main
auditorium.
F. School (except high school or college): One parking space for each ten seats
in the auditorium or main assembly room, or one space for each classroom,
whichever is greater.
Page Twenty-four.
G. College of High School;: One parking space for each eight seats in the main
auditorium or three spaces for each classroom, whichever is greater.
H. Community Center, Library, Museum or Art Gallery: Ten parking spaces
plus one additional space for each 300 square feet of floor area in excess of
2, 000 square feet.
I. Hospital: One parking space for each four beds plus one for each two
employees.
J. Sanitarium, Convalescent Home, Home for the Aged or Similar Institution:
One parking space for each six beds.
K. Theatre or Auditorium (except school); One parking space for each five
seats or bench seating spaces.
L.. Seasonal Camp or Cabin: One parking space for each two beds or for each
cabin or sleeping unit, whichever is greater.
M. Sports Arena, Stadium or Gymnasium: One parking space for each five
seats or seating spaces.
N. Hotel: One parking space for each three sleeping rooms or suite plus
one space for each 200 square feet of commercial floor area contained therein.
O. Tourist Home, Cabin or Motel: One parking space for each sleeping room.
P. Dance Hall, Assembly or Exhibition Hall Without Fixed Seats: One parkin .
space for each 100 square feet of floor area used therefor.
Q. Business or Professional Office Building Including Studios, Banks, Medical
or Dental Clinics: Three parking spaces plus one additional parking space for
each 400 square feet of floor area over 1, 000.
R. Bowling Alley: Five parking spaces for each lane.
S. Mortuary or Funeral Home: One parking space for each 50 square feet of
floor space in slumber rooms, parlors and individual funeral service rooms.
T. Restaurant, Night Club, Cafe or Similar Recreation or Amusement Es-
tablishment: One parking space for each 100 square feet of floor area,
U. Retail Store or Personal Service Establishment, Except as Otherwise
Specified Herein: One parking space for each 200 square feet of floor area,
V. Furniture or Appliance Store, Hardware Store, Wholesale Establishments,
Machinery or Equipment Sales and Service, Clothing or Shoe Repair or Service
Shop: Twn parking spaces plus one additional parking space for each 500 square
feet of floor area over 1, 000,
W. Printing or Plumbing Shop or Similar Service Establishment: One parking
space for each three persons employed therein.
X. Manufacturing or Industrial Establishment, Research or Testing Labor-
atory, Creamery, Bottling Plant, Warehouse or Similar Establishment: One
parking space for each two employees on the maximum working shift plus space
to accommodate all trucks and other vehicles used in connection therewith.
Y. Automatic car wash: Ten parking spaces for each washing bay,
BOOK_L.-"/_..PAGE..`f!
Page Twenty-five.
42-14. 2 Rules For Computing Soaces. In computing the number of off-street
parking spaces required, the following rules shall govern:
A. "Floor Area" shall mean the gross floor area of the specific use.
B. Where fractional spaces result, the parking spaces required shall be
construed to be the nearest whole number.
C. The parking space requirement for a use not specifically mentioned herein
shall be the same as required for a use of a similar nature.
D. Whenever a building erected or established after the effective date of this
Chapter is enlarged in floor area, number of employees, number of dwelling
units, seating capacity or otherwise, to create a need for an increase of ten
per cent or more in the number of existing parking spaces, such spaces shall
be provided on the basis of the enlargement or change.
E. Whenever a building existing prior to the effective date of this kChapter
is enlarged to the extent of 50 per cent or more in floor area or in the area
used, said building or use shall then and thereafter comply with the parking
requirements set forth herein.
F. In the case of mixed uses, the parking spaces required shall equal the
sum of the requirements of the various uses computed separately.
42-14. 3 Parking Space on Adjoining Land. All parking spaces required herein shall
be located on the same lot with the building or use served, except that where an in-
crease in the number of spaces is required by a change or enlargement of use or
where such spaces are provided collectively or used jointly by two or more buildings
or establishments, the required spaces may be located not to exceed 300 feet therefrom.
A. Not more than 50 per cent of the parking spaces required for )a) theatres,
bowling alleys, dance halls, night clubs or cafes and up to 100 per cent of the
parking spaces required for a church or school auditorium may be provided and
used jointly by (b) banks, offices, retail stores, repair shops, service estab-
lishments and similar uses not normally open, used or operated during the same
hours as those listed in (a); provided, however, that written agreement thereto
is properly executed and filed as specified below:
B. In any case where the required parking spaces are not located on the same
lot with the building or use served, or where such spaces are collectively or
jointly provided and used, a written agreement thereto assuring their retention
for such purposes, shall be properly drawn and executed by the parties con-
cerned, approved as to form and execution by the City Attorney, and shall be
filed with the application for a building permit.
42-14. 4 Parking Space in Front Yard. Off-street parking space may be located within
the required front yard in any "C-2", 11C-311, 11C-411, "I-111, "I-2" or 11I-3" District
provided such space is 50 feet or more from any "R" District. No off-street parking
shall be permitted in the required front yard of an "R" or "C-1" District.
42-14. 5 Off-Street Loading. There shall be provided at the time any building is
erected or structurally altered in any "C" or "I" District (except as otherwise pro-
vided in this chapter) one (1) off-street loading space for the first 5000 square feet
of gross floor area plus one (1) additional space for each 25, 000 or any part thereof
of additional square feet of gross floor area.
Page Twenty-six.
42-15. 1 Special Use Permit. The City Council may, by special permit, after
public hearing and report by the City Plan Commission, and subject to such pro-
tective restrictions that it deems necessary, authorize the location, construction,
extension or structural alteration of any of the following buildings or uses, or an in-
crease in their height, in any district from which they are prohibited or limited by
this Chapter.
A. Any public building erected and used by any department of a municipal
county, state or federal government.
B. Airport, landing field or landing strip.
C. Nursery and truck garden.
D. Riding stables, provided that no enclosed structure used for housing,
storing, or caring for animals shall be located closer than seventy-five (75)
feet or an open area used as a corral, arena, or exercise yard closer than one
hundred (100) feet to any lot line.
E. Roadside stand, commercial amusement or recreational development for
temporary or seasonal periods, including drive-in theatres.
F. Extraction of top soil, gravel, sand or other natural resources except that in
any such operation in any district, there shall be a restoration plan filed with the
City of Ames and such plan shall contain the following:
(1) An agreement with the City whereby:the applicant contracts to restore
the premises to a condition and within a time satisfactory to the City.
(2) A physical restoration plan showing the proposed contours after restor-
ation, plantings and other special features of the restoration and the method
by which such restoration is to be accomplished.
(3) A bond, written by a licensed surety company, a certified check, or
other financial guarantee satisfactory to the City Solicitor in an amount suf-
ficient to secure the performance of the restoration agreement.
G. Area for dumping or disposal of trash or garbage.
H. Radio towers and radio broadcasting stations.
I. Exhibitions and fairgrounds
J. Pre-school nursery,
K. Club
L. Signs bearing the name and address of a residential development.
M. Golf course
42-15, 2 Approval of Special Permit No action shall be taken upon any application for
a proposed building or use referred to in Section 42-15. 1 until and unless the report
of the City Plan Commission has been filed, but such report shall be made within sixty
(60) days after the matter has been referred by the City Council. If the City Plan Com-
mission recommends against the issuance of the special permit, then it may be issued
only by an affirmative two-thirds (2/3) vote of the City Council.
BOOK�J.4�L TAGU
Page Twenty-seven.
42-15. 3 Duration of Permit. Al] authorization passed by the City Council for special
permits shall expire one hundred eighty (180) days after the date of its authorization un-
less a building permit has been issued and the actual construction started. Where
unusual circumstances may prevent compliance with the time requirement for start of
construction, the City Council may, upon written request by the affected party, extend
the time for required start of construction an additional sixty (60) days. Excavation
shall not be considered construction for the purpose of enforcing this Chapter.
42-16, 1 Planned Residential Unit. The owner of any tract of land comprising an area
of not less than four (4) acres may submit, to the City Council, a plan for the use and
development of all the tract of land for residential and accessory purposes. Such plan
shall be referred to the City Plan Commission for study, report and public hearing.
After public hearing, the same shall be submitted to the City Council for consideration
and action. The approval and recommendations of the City Plan Commission shall be
accompanied by a report stating the reasons for approval of the plans and specific evi-
dence and facts showing that the proposed planned residential unit meets the following con-
ditions:
A. That property adjacent to the area included in the plan will not be adversely
affected, and to this end the City Plan Commission may provide, in the absence
of an appropriate physical barrier, that uses of least intensity or a buffer of open
space or screening be arranged along the borders of the project.
B. That the plan is consistent with the interest and purposes of the zoning
ordinance to promote public health, safety, morals and general welfare.
C. That the buildings shall be used only for one-family dwellings, two-family
dwellings, multiple-family dwellings and the usual accessory buildings and uses
such as garages, storage space or community activities, including churches.
D. That the average lot area per family, exclusive of the area occupied by public
streets, shall not be less than the lot area per family required in the district which
the property is located.
E. That sufficient area is reserved for play and recreational facilities.
42-16. 2 Council Approval. If the Council approves the plan, building permits and
certificates of occupancy may be issued, although the use of the land and the location of
the buildings to be erected on the land, and the yards and open spaces contemplated
by the plan, do not conform in all respects to the district regulations of the district in
which it is located. In event of any variation in the plan, as approved by the Council,
the zoning enforcement officer shall deny the permit and the applicant for such permit
may revise or amend his plan and re-submit the same to the Council for approval as
an original plan.
42-17. 1 Enforcing Officer. The provisions of this ordinance shall be enforced by the
City Manager.
42-17. 2 Zoning Permit Required. It shall be unlawful to commence or to proceed with
the erection, construction, reconstruction, conversion, alteration, enlargement, ex-
tension, razing or moving of any building or structure, or of any portion thereof, without
first having applied in writing to the building official for a zoning permit to do so.
42-17. 3 Application for Zoning Permit. Each application for a zoning permit shall be
in writing, on the standard forms of the city, and filed in the office of the building
official. The application shall be accompanied with a plot plan of the lot upon which the
building or structure is to be placed, reconstructed, enlarged or converted, showing the
size of the lot, foundation dimensions, proposed front, side, and rear yard depths of the
proposed building or structure and any other existing accessory buildings on the lot,
Page Twenty-eight,
42-17. 4 Issuance of Zoning Permit. If, after reviewing the application, the building
official finds the building or structure in the proposed location complies with all the
provisions of this ordinance he shall, upon payment of the required fee as prescribed
in the Building Code of the City of Ames, issue a zoning permit therefor.
42-17, 5 Refusal of 7 onina Permit. If, after reviewing the application, the building
official finds the building or structure in the proposed location does not comply with
the provisions of this ordinance, he shall furnish the applicant with a statement, signed
by the enforcing officer, refusing to issue such permit and setting forth the reason for
such refusal. The refusal by the zoning enforcing officer to issue a permit may be
appealed by the applicant to the zoning adjustment board in the manner as provided
herein.
42-17. 6 Records. The building official shall keep a record in his office of all applica-
tions filed, permits issued, or refused, and if refused, and appealed the final action
thereon. He shall keep a record in his office of all zoning permit fees collected and
shall remit the amount of such fees to the office of the Director of Finance.each day.
42-17. 7 Ex iration of Zonin-a Permits Any zoning permit, under which no construc-
tion work has been commenced within six (6) months after the date of issue of said permit
or under which the proposed construction, reconstruction or alteration has not been
completed within two (2) years of the date of issue shall expire by limitation; and no
work or operation shall take place under such permit after such expiration. A zoning
permit may be once extended for a period not exceeding six (6) months by the zoning
enforcing officer.
42-18, 1 Establishment Provision for Board of Ad'ustment. A board of adjustment is
hereby established, which board shall consist of five (5) members appointed by the
mayor, subject to confirmation by the city council. Appointments to the board shall be
for a term of five (5) years. Any vacancy shall be filled in the same manner for the
unexpired portion of the term. In the event of the absence from the city or the incapacity
of a member, the mayor may appoint a substitute who shall serve as a member of the
board, with the same powers and authority as the regular member, until such regular
mer_zber has returned, or has become capacitated for further service.
42-18. 2 Compensation. All members of the board shall serve without compensation.
42-18. 3 Secretary of Board The city clerk shall serve as the secretary of the board.
In the absence of the secretary, the chairman of the board may appoint one d the members
of the board to act as secretary pro-tem for the meeting. The board shall have the power
to call on any city department for assistance in the performance of its duties, and it
shall be the duty of such department to render such assistance as may reasonably be
required.
42-18. 4 Rules and Re ulations The board may adopt, from time to time, subject
to the approval of the city council, such rules and regulations as it may deem necessary
to carry into effect the provisions of this ordinance.
42-18, 5 Board Meetin s - Chairman - Quorum The board shall annually elect its own
chairman at the first meeting on or after January first of each year. Such chairman, or
in his absence, the acting chriman may administer oaths and compel the attendance of
witnesses. There shall be a fixed place of meeting and all meetini e
open to the
public. The presence of three (3) members shall be necessary to gcon titu ea quorum.
The concurring vote of three (3) members of the board shall be necessary on all matters
upon which it is required to pass under the provisions.of this ordinance.
42-18. 6 Secretary to Keep Records The secretary of the board shall keep minutes of
its proceedings, showing the vote of each member upon each question. If a member is
absent or fails to vote, the minutes shall indicate such fact. The board shall keep
records of its examination and other official actions, which shall be on file in the office
of the City Clerk as a public record,
BOOK. PAGE. "�
', J) ' • , .yob'®0®Mm'�".�---PI GE...Y_,...._ ,
Page Twenty-nine.
42-18. 7 Appeals to the Board of Adjustment. Appeals to the board may be taken by
any person aggrieved, or by any officer, department, or board of the city affected
by any decision of the enforcing officer. Such appeal shall be taken within a reasonable
time, as provided by the rules of the board, b y filing with the secretary of the board a
written notice of appeal specifying the grounds thereof and the publication of the notice
of appeal in a paper of general circulation in the City of Ames as provided by the
regulation of the board. The secretary of the board shall give prompt notice of such
appeal to the enforcing officer who shall forthwith transmit to the board all papers
and documents constituting the record upon which the action appealed from was taken.
An appeal stays all proceedings in furtherance of the action appealed from, unless the
enforcing officer certifies to the board after the notice of the appeal shall have been
filed with him, that by reason of facts stated in the appeal a stay would, in his opinion,
cause imminent peril to life or property. In such case, proceedings shall not be
stayed otherwise than by a restraining order which may be granted by a court of record
on application of notice to the enforcing officer and due cause shown.
42-18. 8 Disposition by Resolution. The final disposition of any appeal shall be in the
form of a resolution by the board, either reversing, modifying, or affirming the decision
or determination appealed from. A copy of such resolution shall be filed with the en-
forcing officer.
42-18. 9 Appeals from Decisions of Enforcing Officer. The board of adjustment, in
specific cases, shall have the power to hear and decide appeals where it is alleged
there is error in any order, requirement, decision or determination made by the
enforcing officer in the enforcement of the provisions of this ordinance.
42-18. 10 Appeals in Special Cases. The board of adjustment, in specific cases, shall
have the power to authorize upon appeal in the following special cases such variance fro: m
the terms of this ordinance as will not be contrary to the public interest, where owing
to special conditions, a literal enforcement of the provisions of the ordinance will
result in unnecessary hardship, and so that the spirit of the ordinance shall be observed
and substantial justice done. However, nothing herein shall be construed as giving the
board the right, power or authority to change the limits or extent of any zoning district,
or to grant permission for the erection or use of any building or the use of any land
for a purpose which is specifically prohibited herein.
A. The erection and use of any accessory building on a lot in any "A-1", "R-1",
"R-211, "R-311, "R-411, ''H-M" or 11C-1" District before the erection of a principal
building on such a lot as provided herein; provided such is temporary and for a
period of time not to exceed one (1) year and is not used as a dwelling.
B. The extension of an existing building or use into a more restricted district
immediately adjacent, under such conditions as will safeguard the character
of the more restricted district, provided that such extension shall not be per-
mitted more than fifty (50) feet beyond the boundary line of the district in which
such building or use is authorized.
C. The extension or enlargement of a non-conforming use located in a district
against such use, either by the extension or enlargement of an existing building
or use of land, or by the erection of an additional building where such extension
or enlargement is necessarily incident to the trade, business or industry
existing on the 1st day of June, 1925, provided that such extension or enlarge-
ment will not prove detrimental to or tend to alter the character of the neighborhood.
D. The erection of buildings or the use of land not in accordance with the
requirements of this ordinance, in the case of an undeveloped section of the
city for a period not to exceed one(1)year in any case, are clearly incidental to
and necessary for residential development, or are temporary only and will not
tend to permanently alter the character of such section or any adjoining or nearby
section,
Page Thirty.
E. The erection and use of a building or the use of land in any district by
a public service corporation or for public utility purposes, which the board
considers reasonably necessary for the public convenience or welfare.
F. To permit any use in a district that is not specifically prohibited in such
district and that is in keeping with and appropriate to the uses authorized in
such district. by the provisions of this ordinance.
42-18. 11 Variance in Provisions of This Ordinance. The Board of Adjustment shall
have the power to authorize upon appeal in specific cases, such variance from the terms
of this ordinance as will not be contrary to the public interest where, owing to special
conditions, a literal enforcement of the provisions of this ordinance would result in un-
necessary hardship. A variance from the terms of this ordinance shall not be granted
by the Board of Adjustment unless and until:
A. A written application for a variance is submitted demonstrating:
(1) That special conditions and circumstances exist which are peculiar to
the land, structure, or building involved and which are not applicable to
other lands, structures, or buildings in the same district;
(2) That literal interpretation of the provisions of this ordinance would
deprive the applicant of rights commonly enjoyed by other properties in the
same district under the terms of this ordinance;
(3) That the special conditions and circumstances do not result from the
actions of the applicant;
(4) That granting the variance requested will not confer on the applicant
any special privilege that is denied by this ordinance to other lands,
structures, or buildings in the same district.
B. The Board of Adjustment shall make findings that the requirements of
42-18. 11 A have been met by the applicant for a variance.
C. The Board of Adjustment shall fut•ther make a finding that the reasons set
forth in the application justify the granting of the variance, and that the variance
is the minimum variance that will make possible the reasonable use of the lance
building or structure,
D. The Board of Adjustment shall further make a finding that the granting of
the variance will be in harmony with the general purpose and intent of this or-
dinance, and will not be injurious to the neighborhood, or otherwise detrimental
to the public welfare.
42-18. 12 Limitation on Board's Power. No non-conforming use of neighboring lands,
structures, or buildings in the same district, and no permitted use of lands, structures,
or buildings in ether districts shall be considered grounds for the issuance of a variance.
42-18, 13 Conditional Grant of Variance. In granting any variance, the Board of.Ad-
justment may prescribe appropriate conditions and safeguards in conformity with this
ordinance. Violation of such conditions and safeguards, when made a part of the terms
under which the variance is granted, shall be deemed a violation of this ordinance and
punishable under Section 42-20. Under no circumstances shall the Board of Adjustment
grant a variance to allow a use not permissible under the terms of this ordinance in the
district involved, or any use expressly or by implication prohibited by the terms of this
ordinance in said district.
42-19 Interpretation and Purpose, In the interpretation and application, the provisions
of this ordinance shall be held the minimum requirements, adopted for the promotion of
the public health, safety, comfort, convenience, and general welfare, It is not intended
by this ordinance to repeal, abrogate, annul or in any way impair or interfere with any
BOOK.4�-.'/___PAGE.... ` V
BOOK ..PAGE L
Page Thirty - one.
existing provisions of law or ordinance, or with any rule, regulation or permit pre-
viously adopted or issued, or which shall be adopted or issued pursuant to law, re-
lating to use of buildings or premises; nor is it intended by this ordinance to interfere
or to abrogate or annul any agreement between parties; provided, however, that
where this ordinance imposes a greater restriction upon the use of buildings or pre-
mises or upon the height of buildings, or requires larger yards, courts, or other open
spaces than are required by any such existing provisions of law or ordinances, or
by any such rule, regulation or permit, or by any such easement, covenant or agreement,
the provisions of this ordinance shall govern.
42-20. 1 Amendment of Zoning Ordinance. The City Council may, from time to time,
on its own initiative, on petition, or on recommendation by the City Plan Commission,
after public notice and hearings provided by ordinance, and after a report by the City
Plan Commission or after thirty (30) days written notice to said Commission amend,
supplement, or change the regulations or districts herein or subsequently established.
42-20, 2 Petition to Amend Ordinance. Whenever the owner of fifty per cent (50)% or
more of the area of the lots in any district or part thereof desire any amendment, supple-
ment or change in any of the provisions of this ordinance applicable to such area, they may
file a petition with the City Clerk requesting the City Council to make such amendment
supplement or change. Such petition shall be accompanied by a map or diagram showing the
area affected by the proposed amendment, supplement or change, together with the boun-
daries of the said area and the names and addresses of all the owners of record in the office
of the county recorder of Story County, Iowa, of lots therein and within a distance of two
hundred (200) feet outside of the boundaries of said area; and such petition shall immediately
be transmitted to the City Plan Commission for an investigation and report. The City
Plan Commission shall file its recommendations approving, disapproving or modifying
the proposed amendment, supplement or change with the City Council within thirty (30)
days thereafter.
42-20. 3 Three-Fourths Vote Required. If a written protest against any proposed
amendment, supplement or change shall have been presented to the City Council, signed
by the owners of twenty per cent (20%) or more, either of the area of the lots included in
such proposed change, or of those immediately adjacent in the rear thereof, extending
the depth of one lot or not exceed two hundred (200) feet therefrom, or of those directly
opposite thereto, extending the depth of one lot or not to exceed two hundred (200) feet
from the street frontage of such opposite lots, such amendment shall not become effective,
except by the favorable vote of at least three-fourths (3/4) of all the members of the City
Council.
42-20. 4 Petition Denied. Whenever a petition requesting an amendment, supplement,
or change of any regulation prescribed by this ordinance has been denied by the City
Council, such petition cannot be renewed for one year thereafter unless it be signed by
the owners of at least fifty per cent (50%) of the property owners who previously objected
to the change; this provision, however, shall not prevent the City Council from acting
on its own initiative in any case or at any time as provided in this section.
42-21 Validity and Separability, If any section, subsection, sentence, clause, .phrase
or portion of this ordinance is for any reason held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed'a separate, distinct and indepen-
dent provision and such holding shall not affect the validity of the remaining portions
hereof.
42-22 Violations and Penalties. Any person, firm, co-partnership, corporation or
other association of persons, whether action directly or through employees or agents
who violates, disobeys, omits, neglects, refuses to comply with, or resists the
enforcement of any of the provisions of this ordinance shall upon conviction be sub-
ject to a fine not exceeding one hundred dollars or by imprisonment not exceeding thirty
days. Each day such violation is committed or permitted to continue shall constitute
a separate offense and shall be punishable as such hereunder.
Page Thirty-two.
Section 2. Ordinances No. 937, 938, 943, 945, 950, 951, 959, 966, 968, 970, 971,
972, 976, 988, 994, 1005, 1017, 1018, 1026, 1029, 1030, 1035, 1052, 1057, 1061,
1065, 1071, 1072, 1077, 1078, 1086, 1087, 1088, 1089, 1090, 1097, 2003, 2011, 2013,
2016, 2022, 2023, 2026, 2028, 2031, 2035, 2038, 2042, 2043, 2044, 2052, 2053,
2058, 2059, 2060, 2064, 2071, 2089, 2090, 2093, and all other ordinances or parts of
ordinances in conflict with the provisions of this ordinance are hereby repealed, pro-
viding, however, that the repeal of the above mentioned ordinances shall not in any way
affect any act heretofore committed in violation of such ordinances so repealed, or any
proceedings now pending thereunder, but all such offenses heretofore committed
against the provisions of such ordinance or ordinances may be prosecuted and punished
the same as if said ordinance or ordinances were in full force or effect.
Section 3. This ordinance shall be in full force and effect from and after its passage
and publication as provided by law.
Passed this 21st day of December 1965.
Louise Whitcome CITY CLERK Pearle P. DeHart MAYOR
I, Louise A. Whitcome, being the duly appointed, qualified and acting
City Clerk of the City of Ames, Story County, Iowa, do hereby
certify that the attached and foregoing Ordinance No. 2109 is a true
and accurate copy of said ordinance, that said ordinance was duly
passed and adopted by the City Council of the City of Ames, Story
County, Iowa, at its regular session on the 21st day of December, 1965.
Dated this 21st day of January, 1966
Louise A. Whitcome, City Clerk
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