HomeMy WebLinkAboutA003 - proof of publication, August 2, 1968 Proof of Publication in The
AMES DAILY TRIBUNE
CONSTRUCTION FOR THE:N-
Publlc Legal TERPRETATION OF THE STATE OF IOWA,STORY COUNTY,ss.
ZONING ORDINANCE OF THE
Notifications CITY OF AMES, IOWA; THE W. T. Farley on oath
SPECIFIC SUBJECT OF THIS
Iowa laws require that the CRDI;NANCE IS THE DEFINI- depose and say that I am kib **k foreman
residents of this area be not'- TION OF THE WORD "FAM- of the AMES DAILY TRIBUNE', a daily
fled of certain legal proceed- ILY" AS USED IN THE ZON-
ings. Certain individuals, as ING ORDINANCE OF THE newspaper, printed at Ames, Story County,
well as groups, may have a CITY OF AMES, IOWA; AND
personal interest in these noti- LIMITATIONS UPON SUCH Iowa; that the annexed printed _____________
fications. Often the publication DEFINITION AS IT IS AP
is the only public notice. To PLIED TO DISTRICTS .ZONED fl-r_ ina=a_#22&4---------------
keep well informed, readers "R-1" AND "R,2"; REPEALING
should check carefully the ALL ORDINANCES IN CON-
notices which appear. in this FIACT HEREWITH; AND ES-
section. TABLISHING AN EFFECTIVE was published in said newspaper for ___1-__
LEGAL NOTICE DATE.
IT IS ORDAINED BY THE
ORDINANCE NO. 2261, CITY COUNC':L OF THE CITY consecutive weeks, the first ________________
AN ORDINANCE REPEAL- OF AMES, IOWA: and the last of said publication was on the
ING SECTION 38-100,2 OF THE Section I. Section 38-1002 of
ZONING ORDINANCE OF THE the Municipal Code of the City
MUNICIPAL CODE OF THE -----end - day of __A111S __--__-___
of Ames, Iowa, is hereby re- 6
CITY OF AMES, IOWA, AND pealed. 19----_.
ESTABLISHING A NEW SEC- Section 2. Section 38-1002 is
TION TO BE NUMBERED added to the Municipal Code of
38-1002, SETTING FORTH DE- the City of Ames, Iowa, and is -- - ---r X* my
FINITIONS AND RULES OF asfollows: Sworn to before me and subscribeSec. 38-1002. Definitions and presence byrules of construction. For these W.
purpose of interpreting this
chapter, certain words,terms this ____�t-b--_ day of _11.1g.118-t___-___
and expressions are herein de-
fined. Words used in the pre- 1 _
sent tense include the future;
Notary Public
in and for Story County.
Fees, �. �---
the singular number includes
the plural, the plural includes 5) Apothecary shop: A
the singular; the word "shall" shop operated as a retail
is always mandatory. use which sells only drugs,
(1). Accessorybuilding: A prescription medicines, med-
subordinate building,. the ical supplies and appliances
use of which is incidental to and pharmaceutical pro-
that of.the principal build- ducts. 40
ing or to the principal use (6) Attic: A space under a
of the premises. An acces- gable, hip or gambrel, or
spry use is one which is in- other roof, the finished
cidental to the main use of floor of which is, or would
the premises. be, at or entirely above the
(2) Alley: For the pur- level of the wall plates of
at least two (2) exterior
pose of this chapter, a walls, and the height of
lic thoroughfare not moreore
than twenty-four (24) feet which from the floor level
in width, for the use of vex to the highest point of the
hicles which affords only a roof, does not .exceed ten
secondary means of access (10) feet.,
to abutting property. (7) .Basement: A basement
(3) Alteration, structural: is a story partly under-
Any change in the load
bearing members of a'build-.
,ing, 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 altera-
tion.
(4) Apartment: A room or
suite of rooms, with toilet
and culinary accommoda-
tions used or designed for
use as a residence by a
family, located in a build-
ing containing two .(2) or
more such rooms or :suites
or located in a building de-
voted primarily to nonresi-
dential use.
ground but having at least food and meals to members injured, including as an in- closure used or intended
one-half -of the height of and their guests on such tegral part of the institution for use as •a part of such
one or more walls above the premises provided adequate such related facilities as mobile home park.
highest level of the adjoin- dining room space and kit- laboratories, central ser- (58) Motel: A permanent
ing ground. A basement Chen facilities are available vice facilities and •staff of- building or group of build-
shall be counted as a story and are •operated in compli- fices. ings so arranged or design-
under the provisions of this ance with state and local (40) Hotel: A .building oc- ed primarily for temporary
chapter. municipal laws. cupied as the more or less occupancy so laid out as to
(8) Billboard: Any flat (213) Curb level: The mean temporary abiding place of provide space for parking
surface twenty (20) square Ievel of the curb or estab- individuals,who are lodged vehicles used by the travel-
feet or more in area, erect- lished curb grade in front with or without meals and ing public. Such building or
ed on a framework, or at- of a lot. in which there are more group of buildings may in-
tached to posts,. buildings (24) District: A section or 4han twenty-five (25) sleep- elude living quarters for the
or other structures, and sections of the area of the ing rooms usually occupied use of operating personnel.
used for the display of bills, City of Ames for which re- independently, t 59) Nonconforming use:
posters or other advertising gulations governing the use (41) Junkyard or salvage The lawful use of a build-
matter, pasted, tacked or of buildings and premises yard: An open area on any ing or land on the effective
fastened thereto. or the height and area of lot or parcel of land which date of this chapter or
(9) Block frontage: The buildings are uniform. is used for storage, &band- amendment thereto, which
frontage of lots facing the (25) . Dwelling, detached: onment or keeping of junk, use does not conform to the
street under consideration A detached dwelling is one including scrap metals or provisions of this chapter
which are comprised be- which is entirely surround- scrap materials, or for the for the district in which it
tween two (2) adjacent ed by open space on the abandonment or dismant- is located.
streets or between a street same lot. ling of machinery, motor (60) Nonconforming build-
and a railway right-of-way, (26) Dwelling: A building vehicles, or other vehicles ing or structure: A building
a natural barrier or the or portion thereof designed or parts thereof. or structure which met all
adjacent corporation line. or used exclusively for resi- (42) Laboratories, medical yard, area and building
(10) Board: Board of ad- dentiai occupancy, but not or dental: A laboratory height regulations existing
justment. including house trailers, which provides bacteriologi- at the time of construction,
(11) Boardinghouse: A mobile homes, hotels, mo- cal, biological, medical, X- reconstruction or extension
building other than a hotel, tels, boarding and lodging ray, or pathological service but, because of,changes in
fraternity house or sorority houses, tourist courts or to doctors, dentists, or this chapter, does not meet
house where meals are re- tourist homes. which provides custom or all current regulations.
gularly served for compen- (27) Dwelling—single fam- prescription appliances dir- (61) Office: A place where
sation to more than three ily: A building designed for ectly connected with the business or services for
(3) persons not members or occupied.exclusively by treatment or care of human others is transacted and
of the family there resid- one family. ailments. not a place where chattels
ing. (28) Dwelling—two fam- (431) Lawful use: The use or goods, wares or merchan
(12) Building A structure ily: A building designed for of a building or land which dise are commonly created,
having a roof supported by and occupied exclusively by existed on June 1, 1925, or exchanged or sold.
Columns or walls for shel- two (2) families. for which a zoning permit (62) Parking lot: An area
ter, support, or enclosure of (29) Dwelling Multiple has been issued thereafter. of land, a yard or other
persons, animals or chat- family: A building designed (44) Lodging House: A open space on a lot used
tels. When separated by di- for or occupied exclusively building or portion thereof, for or designed for use by
v5sion walls from the ground by more than two (2) fam- other than a hotel or motel standing motor vehicles, to-
up without openings, each ilies. where lodging only is pro- gether with a driveway con-
portion of such structure (30) Enforcing officer: The vided for compensation to netting the parking lot
shall be deemed a separate City Manager of the City of three (3) or more persons with a public place.
building. Ames, Iowa. including rooming houses: (63) Parking space: A sur-
(113) Building, height of: (31) Family: An individ- (45) Lot: A lot is a parcel faced area, enclosed or un-
The perpendicular distance ual,or two or more persons of land under one owner- enclosed, on a lot sufficient
measured in a straight line related to .one another by ship on.which a principal in size to store one stan-
from the curb level to the ,blood, marriage, or legal building and its accessories dard automobile, together
highest point of the roof adoption, including foster are or may be placed, to- with a driveway connecting
beams in the case of flat children and not more than gether with the required the parking space with a
roofs, and to the average of two roomers; or in the al- open spaces, :having its public place, street or alley.
the height of the roof in ternative, not more than frontage upon one or more (64) Porch, open: A roofed
the case of pitched roofs, three unrelated persons. streets or public place. structure, open on two (2)
the measurement in all (42). Farm: An area which i 43) Lot area: The area or more sides, projecting
cases to be taken through is used for the growing of of a horizontal plane, bound- not more than eight (8)
the center of the front of the usual farm products. ed by the front, side and feet within the front yard,
the building. Where a dwel- such as vegetables, fruit. rear lot lines. not more than three (3)
ling is situated on ground trees and grain, and their (47) Lot, corner:, Lots con- feet within a side yard,
above the curb level, such storage, as well as for rais- forming to the requirements and not more than eight (8)
height shall be measured ing thereon of the usual of the following specified feet within a rear yard. An
from the level of the ad- farm poultry and farm ani- conditions shall be consid- open porch may be enclosed
joining ground, at the front mals such as horses, cattle, ered as corner lots under by removable storm win- -
building' wall, provided the sheep and swine: The term the provisions of this chap- dows for periods not ex- use of which requires loca-
di•stance from the building farming includes the oiler- ter: ceeding seven (7) months tion on the ground or at-
to the street line is.not lass ating of such an area for (a) A lot fronting on in a twelve (12).month per- tached to something having
than the height of the ad- one or more of the above two (2) intersecting lod. location on the ground, but
joining ground above the uses, including dairy farms streets which form an in- 05) Pre-school nursery: not including fences up to
curb level, Where a dwel- with the necessary acces- terior angle of, one hun- The facilities of. any dwel- forty-two (42) inches in
ling is on, a corner lot and sory uses for treating or. dred and thirty-five de- ling, institution or organi- height, or poles and appur
there is more than one storing the produce; provid- grees (13,5°) or less and zation which, for profit or tenances thereto used for
grade or level, the measure- ed however, that the oper- which lot has a frontage nonprofit, are used in the the provision of public uti-
ment shall be taken from ation of any such accessory of not less than twenty- temporary care of six (6) lities.
the main entrance eleva uses shall be secondary to five (25) feet on each of children or more any one (8o) variance: A modifica-
tion. that of the normal farming such streets: time. tion or variation of the pro-
(14) Building line:.A bulid- activities, and provided fur- (b) A lot located at the (66) Principal building: A visions of this chapter as
ing set-back line shall be a ther that farming does not angle in a street where principal building is a nan- applied to a specific piece
line .as established under include the feeding of gar-
the interior angle formed accessory building in which of property, as distinguished
-
the provisions of Section bage or offal to swine or by the intersection of the the principal use .of this from rezoning.
3:68.10, Code of Iowa,-1966. other animals. street lines is one hun lot on which it is located is (81) Yard, front: The
(15) Building wall: The (33) Fraternity and soror- dred and thirty-five de- conducted. space,- unobstructed to the
wall of the principal build- ity: A building, other than grees (13W) or less and (167) Public . notice: The sky, open for the whole
ing forming a part of the a hotel that is arranged, which lot has a frontage publication of the time and width of the lot .extending
,main structure. The found- intended or designed to be of not less than twenty- place of any public hearing from the nearest part of
ation walls of unenciosed occupied as a residence for five (1,25) feet on each not less than fifteen .(15) any building on the lot to
porches or piazzas, steps a group of more than five leg of such angle. days.prior to the date of the front lot line excluding
and retaining wall or simi- (5). members that reside (48) Lot depth: The dis- said hearing in one news- cornices, eaves, gutters or
lar structure shall not be and have a charter granted tance from the front line paper of general circulation chimneys projecting 'not
considered as building walls by the State of Iowa. Yard to the rear lot line. In the within the municipality. more than thirty (30) inch-
under the provisions-of this requirements for a dwelling case of a lot of irregular (68) Public place- An open es, steps, projecting bay
chapter. shall apply. shape, the mean depth or unoccupied public.space windows or similar features.
(16) Business: The word (34) Garage, private: An shall be the lot depth. more than twenty +20) feet not extending through more
business or commercial accessory building or por- 49) Lot, interior: An in in width which is perman- than one story and which
.when used herein refers to tion of a building used only terior lot is any other lot ently reserved for the pur do not aggregate more than
the engaging in the pur- for the shelter and/or stor- than a corner lot. Pose of primary access to one-third (i/3) of the width
abutting property. .
chases, sale or exchange of age of vehicles by the occu- (50) Lot Width: The dis- of the frontage of the build-
goods or services, or the pants of the dwellings, or tance between the side lot (69) Sign, advertising or ing, and vestibules not more
operation for profit of of- the leasing of space as pro- lines._In the case of a lot poster. board: Structures, than one story in height
fices or recreational or vided herein, including cov- of irregular shape, the mean regardless of the material and extending. more than
amusement enterprises. ered space cr carport. width shall be the lot width. used in the construction of three (3) feet beyond the
(17) Convalescent home: . (35) Garage, public: A (51) Lot line, front: In the the same that are erected, front wall of the principal
A building or premises in or building or portion of a case of an interior lot abut- maintained or used to ad- building, one story open
on which care is provided building in which motor,ve- ting on only one street; the vertise a business or at- porches extending eight (8)
for two (2:) or more invalid, hicles equipped for opera- front lot line is the street traction. or less feet into the front
infirm, .aged, convalescent, tion, repaired, stored or fine of such street. In the (70) Sign, announcement yard.
or physically disabled,or in- kept for remuneration hire case of any other lot, it may or.bulletin board: A sign (82) Yard, rear: The re-
jured persons, not including or sale. be such street line as is or bulletin board, erected quired open space, unob-
insane or other mental. (316) .Gasoline service sta- elected by the owher to be on the premises of a char- strutted to the sky, extend-
cases, inebriate, or contag- tion: A building or a por- the front line for the pur- ita,bel, religious, or public ing along the rear lot line
ious cases. Nursing homes tion of a building used pose of this chapter. institution for its own use. (not a street line) through-
are convalescent homes. chiefly in connection with (52) Lot line, rear: That (71) Retail store: Goods out the whole width of the
(18) -Carport: Space for tanks, pumps.and other ap- boundary line which is op- for sale to the ultimate con- lot to the rear of the prin-
the storage or housing of pliances, for supplying mo- posite and most distant su;mer for direct consump- cipal building, excluding
motor vehicles and enclosed for vehicles with .gasoline, from the front line. tion and not for resale. cornices, eaves, gutters and
on not more than two (2) oil, compressed air, water (53) Lot line, side: Any (72) Shop: A use devoted chimneys projecting not
sides by walls, and is at- and similar supplies, but boundary line not a front primarily to the sale of a more than thirty (130) inch-
tached to the principal not for the purposes of lot line, or a rear lot line. service or products, but the es, uncovered steps,. open
building. marking repairs. When the (54) Lot of record: A lot service is performed or the -porches, not more than one
(19) Court: An open, un- dispensing, sale or offering which is a part of a sub product to be sold is pre story in height, and extend-
occupied space on the same for sale of motor vehicle division, the plat of which pared in its finished form ing not more than eight (8)
lot and fully enclosed on at fuel at retail is incidental has been recorded in the on the premises. Packaging feet into the rear year, and
least three (3) adjacent to the conduct of a public office of the County Re- is not considered to 'be accessory buildings.
sides by walls of the build- garage, the premises is corder of Story County, preparation. (83) Yard; side: The re-
ings. An outer court is any cla a ssified as a public gar- Iowa, or ' parcel of land, (703) Story: A story is that quired open space, unob-
court facing for its full re- age. the deed of which was re- part of a building com- strutted to the sky, extend-
quired width on a street, (37) Gross Floor area: corded in the office of the prised between any floor ing along the side lot line
or on any other required The sum of the gross hori- county recorder prior to the and the floor or attic next from the front yard to the
open space not a court. zontal area of floors of a adoption of. this chapter above; the first story of a rear yard measured from
(20) Cellar: A story hav- building, including interior (December 21, 1965) building is the lowest story the nearest point on the
ing more than one-half (1�2). balconies and mezzanines. (55) Lot, through: A lot having at least one-half building to the side yard
of the height of all walls be- All horizontal dimensions running through the block (V2) of its height of one or line, excluding cornices,
low the highest level of the are to be between the exter- from street to street. more walls above the high- eaves, gutters chimneys,
adjoining ground. A cellar for faces of walls. (56) Mobile home: Any oc- est level of adjoining bay windows and open
shall not be considered as (3'8) Home occupations: cupied vehicle used or so ground. porches not exceeding three
a story for the purpose of. Any occupation or profes- constructed as to permit it (74) Setback: The re- (3) feet in width, or simi-
this chapter. sion carried on by a mem- being used as a conveyance quired distance between a lar features extending not
(21) Clinic, dental.or medi- her of the immediate fam- upon the public streets and lot line and the closest more than one story, in
cal: A building in which a ily, residing.on the premi- highways and duly licensed wall of a conforming strut- height which project into
group of physicians, den- ses, in connection with as such and shall include ture on the lot. the side yard but are three
tists or physicians and den- which there is used no sign self-propelled vehicles. so (75) Street, public. A pub- (3) feet or less from the
tists and allied professional other than a name plate not designed, constructed, re- lic thoroughfare more than adjacent lot line.
assistants are associated for more than one square foot constructed or added to by twenty-four (24) feet in (84) Zoning permits: The
the purpose of carrying on in area or not display that means of an enclosed addi- width. permits issued by the en-
their profession. The clinic will indicate from the ex- tion or room in such a man- . (76) Street, front: The forcing officer authorizing
may include a dental or terior that the building is ner as will permit the.occu street or public place upon the use of the land for the
medical laboratory. It does being utilized for any pur •panty thereof as a dwel- which a lot abuts. If a plot purpose specified in the
not include inpatient care pose other than that of a ling or sleeping place for abuts upon more than one document.
or operating rooms for ma- dwelling; there is no com- one or more persons, hav- street or public place, it Section 3. All ordinances and
jor surgery. modity sold upon the premi- ing no permanent founda- shall mean the street de- parts of ordinances in conflict
(22) Club or lodge (pri- ses; no person is employed tion and supported by signaled as the front street herewith are repealed.
vate): An association of other than a member of the wheels, jacks or similar in the owner's application Section 4. This ordinance is
persons for the promotion immediate family residing supports. for a building permit. in full force and effect from
of some nonprofit abject, on the premises; and no (57) Mobile home park: A 1.77) Street line: The di- and after its date of publication
who are bona fide members merchanical equipment is mobile home park shall viding line between a lot as provided by law.
paying annual dues, which used except such as is cus- mean any site, lot, field or and a public street, alley Passed this 29th day of July,
owns, hires or leases a tomary for purely domestic, tract of. land upon which or place. 1968.
building, or portion thereof, household purposes. two (2) or more occupied (78) Street wall: The wall Stuart N. Smith,
except a fraternity or soror- (3'9) Hospital: An institu- mobile homes are harbored, of the principal building Mayor
ity, the use of such pre- tion providing health ser- either free of charge or for nearest the street under Louise Whitcome,
mises being restricted to vices, primarily for in-pa- revenue purposes, and shall consideration. City Clerk
members and their guests. tients, and medical and sur- include any building, strut- (79) Structure: Anything Published in the Ames Daily.
It is permissible to serve gical care, of the sick and ture, tent, vehicle or en- constructed or erected, the Tribune, August 2, 1968.