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Home My WebLink About~Master - Amending Zoning Ordinance n/12-20-66 Inst. ,r-4907 Fee: $8 . 50 ORDINANCE NO. 2175 AN ORDINANCE REPEALING SECTIONS 42-2.81, 42-3 . 1, 42-9.5, 42-9. 9, 42-10. 5, 42-10.6, 42-14. 1, 42-14.4, 42-18. 9, 42-18. 10, 42-18. 11, 42-18. 12, 42-18. 13, AND 42-20. 1 OF THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, AS HITHERTO EXISTING; ADDING NEW SEC- TIONS TO CHAPTER 42 OF THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, TO BE NUMBERED 42-2.81, 42-3 . 1, 42-9. 5, 42-9. 9, 42-10. 5, 42-10. 6, 42-14. 1, 42-14.4, 42-18. 9, AND 42-20. 1; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND FIXING THE EFFECTIVE DATE HEREOF„ IT IS ORDAINED BY THE CITY COUNCIL OF THE CITY OF AMES, IOWA: Section 1. Sections 42-2.81, 42-3 . 1, 42-9.5, 42-9. 9, 42-10.5, 42-10.6, 42-14. 1, 42-14.4, 42-18. 9, 42-18. 10, 42-18. 11, 42-18. 12, 42-18. 13, and 42-20. 1, of the Municipal Code of the City of Ames, Iowa, as hitherto existing, are repealed. Section 2. A new section, to be numbered 42-2.81, is added to Chapter 42 of the Municipal Code of the City of Ames, Iowa, and is as follows : "42-2.81. Yard, Front. The space, unobstructed to the sky, open for the whole width of the lot extending from the nearest part of any 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 ex- tending more than three (3) feet beyond the front wall of the principal building, one story open porches ex- tending eight (8) or less feet into the front yard. " Section 3 _ A new section, to be numbered 42-3 . 1, is added to Chapter 42 of the Municipal Code of the City of Ames, Iowa, and is as follows : "42-3 . 1. Newly Annexed Territory. All territory here- after annexed to the City shall be in the xA-lx District (Agricultural) until such classification is subsequently changed by an amendment to the Zoning Ordinance. " Section 4. A new section, to be numbered 42-9.5, is added to Chapter 42 of the Municipal Code of the City of Ames, Iowa, and is as follows : "42-9.5. rR-31 District (Multiple Family Dwelling) . The regulations set forth in this section, or set forth in this chapter when referred to in this sec- tion, are the regulations in the tR-3 ' District. It is intended that this district is established to per- mit medium density family developments in the suburban areas, and to serve as a transition from high density developments to single family residential areas . A building or premises in the "R-3 = District shall be used only for the following purposes : BUG PAGE .. n/11-18-66 �:PAGE_ - -2- Any use permitted in the =R-2 ` District Multiple Family Dwelling Boarding House Lodging House Nursing Home Convalescent Home Retirement Homes Home for the Elderly. " Section 5 . A new section, to be numbered 42-9. 9, is added to Chapter 42 of the Municipal Code of the City of Ames , Iowa, and is as follows : "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 IC-2t District. It is intended that this district is established to accomodate retail out- lets , wholesale outlets and service commercial estab- lishments . A building or premises in said district 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 apart- ment 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 Class =B ` Retail Beer Sales , provided, however, that no such sales shall be permitted within 175 feet of the property line of any school premises used for that purpose or any church premises used for congregational purposes . 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 1/1-18-67 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 here- inbefore set forth, shall be completely en- closed with a wall or chain link fence at least six (6) feet in height. There shall be only one (1) opening in the fence or wall facing any public street for each 200 feet of length. Such fencing shall be subject to the approval of the City Manager and sight clearance at street intersections. Retail Establishments 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. " Section 6. A new section, to be numbered 42-10.5, is added to Chapter 42 of the Municipal Code of the City of Ames, Iowa, and is as follows: "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 ex- ceed thirty (30) square feet and that they do not en- croach upon a required front yard, or, in the case of a corner lot, upon a required side yard. In any 'C-21 , 'C-31 , 'C-4 ' , '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, Iowa. " Section 7. A new section, to be numbered 42-10.6, is added to Chapter 42 of the Municipal Code of the City of Ames, Iowa, and is as follows : "42-10 .6. Detached Private Garages and Accessory Build- ings. In any 'A-l ' , 'R-l ' , 'R-2 ' , 'R-3 ' , 'R-4 ' 'H-M' or 'C-1 ' District, the following requirements apply to detached garages and accessory buildings : A. A private garage is permitted in the side or rear yard on the same .lot with a -dwellL g ,.`ither as a separate building or in a separate room within, or attached to the dwelling, BOOK--!.PAGE.�2,�„ 1/1-18-67 BOOK._ ��_PAGE.... y -4= except as hereinafter provided. In any 'R-1 ' , or 'R-2 ' District, the number of spaces for motor vehicles shall be no greater than two (2) 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. D. A detached garage may 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 (z) of such area. F. When wholly or partially within the limits of any side yard, a detached garage or acces- sory building is considered a part of the prin- cipal building on the same lot and shall con- form to all yard and space requirements speci- fied herein for principal buildings. G. No detached garage or accessory building shall contain living quarters. " Section 8. A new section, to be numbered 42-14.1, is added to Chapter 42 of the Municipal Code of the City of Ames, Iowa, and is as follows: "42-14.1. Off-Street Parking. In all districts there shall be provided at the time any building is erected or structurally altered (except as otherwise provided in this chapter) , off-street parking spaces in accord- ance with the following requirements: A. Dwellings : One and two-family dwellings - one parking space for each dwelling unit; mul- tiple dwellings - one and one-half parking spaces for each dwelling unit. B. Rooming, Lodging or Boarding Houses: 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. n/11-18-66 ". -5- r 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. G. College of High Schools : 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. Theater or Auditorium (except school) : One parking space for each five seats or bench seat- ing 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 con- tained therein. 0. Tourist Home, Cabin or Motel: One parking space for each sleeping room. P. Dance Hall, Assembly or Exhibition Hall Without Fixed Seats : One parking space for each 100 square feet of floor area used there- for. Q. Business or Professional office Building Including Studios , Banks , Medical or Dental Clinics : Three parking spaces plus one addi- tional parking space for each 400 square feet of floor area over 1, 000. BOO K_Z,'2',5JAG E.... 1/1-18-67 BOOK. SPAGE..... y�� -6- 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. Retail Store or Personal Service Estab- lishment, Except as otherwise specified herein: One parking space for each 200 square feet of floor area. U. Furniture or Appliance Store. Hardware Store, Wholesale Establishments, Machinery or Equipment Sales and Service, Clothing or Shoe Repair or Service Shop: Two parking spaces plus one additional parking space for each 500 square feet of floor area over 1000. V. Printing or Plumbing Shop or similar Service Establishment: One parking space for each three persons employed therein. W. Manufacturing or Industrial Establishment, Research or Testing Laboratory, 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. X. Automatic Car Wash: Ten parking spaces for each washing bay. Y. Gasoline Servi ce Stations : Three parking spaces plus two spaces for each service stall. " Section 9. A new section, to be numbered 42-14.4, is added to Chapter 42 of the Municipal Code of the City of Ames, Iowa, and is as follows: "42-14.4. Parking Space in Front Yard. Off-street parking space may be located within the required front yard in any 'C-2 ' , 'C-3 ' , 'C-4 ' , 'I-2 ' , or ' I-3 ' Dis- trict, provided such space is 50 feet or more away from any 'R' District. No off-street parking is permitted in the front yard of any 'R' , 'C-1 ' or 'H-M' District, except upon a regularly constructed, duly authorized driveway. " Section 10. A new section, to be numbered 42-18.9, is added to Chapter 42 of the Municipal Code of the City of Ames, Iowa, and is as follows : n/11-18-66 -. -7- "42-18. 9. Powers of the Board of Adjustment. The Board of Adjustment has the following powers : A. Powers Relative to Errors . To hear and decide appeals where it is alleged there is an error in any order, regulation, require- ment, decision or determination made by an administrative official in the enforcement of this ordinance. B. Powers Relative to Exceptions . To hear and decide the following special exceptions to the terms of this ordinance: 1. To permit the extension of a district where the boundary line of a district di- vides a lot in single ownership as shown of record; 2. To permit the erection and use of a building or the use of premises in any location for a public service corporation for public utility purposes which the Board deems reasonably necessary for the public convenience and welfare. Such uses lawfully existing on the effective date of this ordinance are deemed to have received such a permit, and shall be provided with such a permit by the Building Inspector upon request, and shall not be nonconform- ing uses ; provided, however, that a per- mit is required for the enlargement, ex- tension or relocation of any of these existing uses . 3 . To interpret the provisions of this ordinance where the street layout actually on the ground varies from the street lay- out as shown on the map fixing the several districts herein. C. Powers Relative to Variances . To authorize upon appeal in specific cases such variances from the terms of the ordinance as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of this ordinance will re- sult in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done. " Section 11. A new section, to be numbered 42-20. 1, is added to Chapter 42 of the Municipal Code of the City of Ames, Iowa, and is as follows : "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 BOOK- PAGE.......y_..fs5 n/11-18-66 -8- 800K..�.PAGE.. .. Commission, or after thirty (30) days written notice to said Commission, amend, supplement or change the regulations, districts, or Official Zoning Map herein or subsequently established; provided, that in addi- tion to the notice otherwise required by law, in such cases, and before hearings on appeals to the Board of Adjustment, the Building Inspector shall post a notice of such amendment, supplement or change in a conspi- cuous place on or near the property upon which action is pending. Such notice shall not be less than eight- een inches in height and twenty-four inches in width with a white background and black letters not less than one and one-half inches in height. Such posted notice shall be so placed upon such premises that it is visible from the street and shall be so posted at least five days before the date of such hearing. It is unlawful for any person to remove, mutilate, des- troy or change such posted notice prior to such hear- ing. " Section 12. All ordinances and parts of ordinances in conflict herewith are repealed. Section 13 . This ordinance is in full force and effect from and after its passa�cg. e and publication according to law. Passed this day of ��J�,,��,,,,,,� , 1967. T. ise Whitcome, City Clerk D. rough, Mayor Ap oved s 4 Form: ty Atto rney A rovQd: wilding Inspector 1/17/67 Moved by Jellinger-LeBaron the ordinance pass on 1st reading. Aye; Jellinger, Judge, Pasley, Newell, LeBar'an, Fisher Nay: None Ordinance declared passed on lst reading. 1/24/67 Moved by Jellinger-Newell the ordinance pass on 2nd reading. Aye: Jellinger, Judge, Pasley, Newell, LeBaron, Fisher Nay: None Ordinance declared passed on 2nd reading. 2/7/67 Moved by Pasley-Jellinger the Ordinance pass on 3rd reading. Aye: Jellinger, Judge, Newell Nay: None Abstain: Pasley, LeBaron, Fisher Motion declared defeated. 2/21/67 Moved by Pasley-Jellinger the Ordinance pass on 3rd reading. Aye: Jellinger, Judge, Pasley, Newell, LeBaron, Fisher Nay: None Ordinance declared adopted. rn D po aCD CD ' = - cn ca o r-+ �D Ong 73CD 70 D co + 2 < CD �� d CD o i