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HomeMy WebLinkAbout~Master - Repealing Section 38-1002 of Zoning Ordinance; Defining Terms in Zoning Ord. ORDINANCE NO. 2264 AN ORDINANCE REPEALING SECTION 38-1002 OF THE ZONING ORDINANCE OF THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, AND ESTABLISHING A NEW SECTION TO BE NUMBERED 38-1002, SETTING FORTH DEFINITIONS AND RULES OF CONSTRUCTION FOR THE INTERPRETATION OF THE ZONING ORDINANCE OF THE CITY OF AMES, IOWA; THE SPECIFIC SUBJECT OF THIS ORDINANCE IS THE DEFINITION OF THE WORD "FAMILY" AS USED IN THE ZONING ORDINANCE OF THE CITY OF AMES, IOWA; AND LIMITA- TIONS UPON -SUCH DEFINITION AS IT IS APPLIED TO DISTRICTS ZONED "R-1 " AND 11R-2 " ; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND ESTABLISHING AN EFFECTIVE DATE. IT IS ORDAINED BY THE CITY COUNCIL OF THE CITY OF AMES, IOWA: Section 1. Section 38-1002 of the Municipal Code of the City of Ames , Iowa, is hereby repealed. Section 2 . Section 38-1002 is added to the Municipal Code of the City of Ames , Iowa, and is as follows : Sec. 38-1002 . Definitions and rules of construction. For the purpose of interpreting this chapter, 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 wnich is incidental to that of the principal building or to the principal use of the premises . An accessory use is one which is incidental to the main use of the premises . (2) Alley : For tht- purpose of this chapter, 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 propert . (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. (4) Apartment: A room or suite of rooms , with toilet and culinary accommodations used or designed for use as a residence by a family, located in a building containing two (2) or more such rooms or suites or located in a building devoted primarily to nonresidential use. (5) Apothecary shop: 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 gable, hip or gambrel, or other roof, the finished floorof 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. t 2 (7) Basement: A basement is a story partly underground but having at least one-half of the height of one or more walls above the highest level of the adjoining ground. A basement shall be counted as a story under the provisions of this chapter . (8) Billboard: Any flat surface twenty (20) square feet or more in area, erected on a framework, or attached to posts , buildings or other structures , 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 consideration which are comprised. between two (2) adjacent streets or between a street and a railway right-of-way, a natural barrier or the adjacent corporation line. (10) Board: Board of adjustment. (11) Boardinghouse: A building other than a hotel, fraternity house or sorority house, where meals are regularly served for compensation to more than three (3) 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 portion 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 center of the front of the building. Where a dwelling is situated on ground above the curb level, such height shall be measured from thelevel of the adjoining ground, at the front building wall, provided the distance from the building to the street line is not less than the height of the 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, 1966. (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 and retaining wall or similar structure shall not be considered as building walls under the provi- sions of this chapter. i 3 (16) Business : The word business or commercial when used herein refers to the engaging in the purchases , sale or exchange of goods or services , or the operation for profit of offices or recreational or amusement enterprises . (17) Convalescent home: A building or premises in or on which care is provided for two (2) or more invalid, infirm, aged, covalescent, or physically disabled or injured persons , not including insane or other mental cases , inebriate, or contagious cases . Nursing homes are convalescent homes . (18) Carport: Space for the storage or housing of motor vehicles and enclosed on not more than two (2) sides by walls , and is attached to the principal 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 (z) 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 chapter. (21) Clinic, dental or medical : A building in whic 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 does 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 nonprofit object, who are bona fide members paying annual dues , which owns , hires or leases a building, or portion thereof, except a fraternity or sorority, the use of such premises being restricted to members and their quests . It is permissable to serve food and meals to members and their guests on such premises provided adequate dining room space and kitchen facilities are a7ailable and are operated in compliance with state and local municipal laws . (23) Curb level : The mean level of the curb or 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 dwelling is one which is entirely surrounded by open space on the same lot. (26) Dwelling: A building or portion thereof designed or used exclusively for residential occupancy, but not including house trailers, mobile homes, hotels, motels, boarding and lodging houses, tourist courts or tourist homes. (27) Dwelling - single family: A building designed for or occupied exclusively by one family. (28) Dwelling - two family: A building designed for and occupied exclusively by two (2) families. (29) Dwelling - Multiple family: A building designed for or occupied exclusively by more than two (2) families. (30) Enforcing officer: The City Manager of the City of Ames, Iowa. (31) Family: An individual, or two or more persons related to one another by blood, marriage, or legal adoption, including foster children, and not more than two roomers; or in the alternative, not more than three unrelated persons. (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 activitie , 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 arranged, intended or designed to be occupied as a residence for a group of more than five (5) members that reside and have a charter granted by the State of Iowa. Yard require- ments 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 space or carport. 5 (35) Garage, public: A building or portion of a building in which motor vehicles equipped for operation, repaired, stored or kept for remuneration hire or sale. (36) Gasoline service station: A building or a portion of a building used chiefly in connection with tanks , pumps and other appliances , for supplying motor vehicles with gasoline, oil, compressed air, water and similar supplies , but not for the purposes of marking 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 is classified as a public garage. (37) Gross Floor area: The sum of the gross horizontal area 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 professio 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 square foot in area or not display that will indicate from the exterior that the building is being utilized for any purpose other than that of 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 merchanical equipment is used except such as is customary for purely domestic, 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 institution 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. (41) Junkyard or salvage yard: An open area on any lot or parcel of land which is used for 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 service to doctors , dentists , or which provides custom or prescription appliances directly connected with the treatment or care of human ailments . 6 (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 where lodging only is provided for compensation to three (3) or more persons including rooming houses . (45) Lot: A lot is a parcel of land under one 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 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 require- ments of the following specified conditions shall be considered as corner lots under the provisions of this chapter : (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 (25) feet on each of such streets . (b) A lot located at the angle in a street where the interior angle formed by the inter- section 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 (25) feet 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 other lot 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 on 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 chapter. (52) Lot line, rear : That boundary line which is opposite and most distant from the front line. (53 ) Lot line, side : Any boundary line not a front lot line, or a rear lot line. 7 (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 of which was recorded in the office of the c"unty recorder prior to the adoption of this chapter (December 21, 1965) (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 vehicles so designed, constructed, reconstructed or added to by means of an enclosed addition or room in such a 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 supports . (57) Mobile home park: A mobile home park shall mean any site, lot, field. or tract of land upon which two (2) 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 so arranged or designed 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) Nonconforming use : The lawful use of a building or land on the effective date of this chapter or amendment thereto, which use does not conform to the provisions of this chapter for the district in which it is located. (60) Nonconforming 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 this chapter, 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 commonly 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 a lot sufficient in size to store one 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 , projecting not more than e jtht (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 yead. 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 nonprofit, are used in the temporary care of six (6) children or more any one time. (66) Principal building : A principal building is a non-accessory building in which the principal use of this lot on which it is low ated 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 newspaper of general circulation within the municipality. (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 institution for its own uz�e. (71) Retail store : Goods for sale to the ultimate consumer for direct consumption and not for resale. (72) Shop: 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. 9 (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 (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 lot 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 chapter as applied to a specific piece of property, as distinguished from rezoning. (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 , projecting 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 store 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. (82) Yard, rear : The required open space, un- obstructed to the sky, extending along the rear lot lke (not a street line) throughout the whole width of the lot to the rear of the principal building, excluding cornices , eaves , gutters and 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 year, and accessory buildings . yAr,- 10 (83) Yard, side : The required open space, unobstructed to the sky, extending along the side lot line from the front yard to the rear yard, measured from the nearest point on the vuilding 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 permits : The permits issued by the enforcing officer authorizing the use of the land for the purpose specified in the document. Section 3 . All ordinances and parts of ordinances in conflict herewith are repealed. Section 4. This ordinance is in full force and effect from and after its date of publication as provided by law. Passed this 29th day of July 1968. Lo ise Whitcome, City Clerk Stuart N. Smith, Mayor 7/16/68 Moved by Judge-Fisher the ordinance pass on lst reading. Aye: Thurston, Judge, Fellinger, Fisher Nay: Newell Absent: LeBaron. Ordinance declared passed on lst reading. 7/23/68 Moved by Fisher-Thurston the ordinance pass on 2nd reading. Aye : Thurston, Judge, Fellinger, LeBaron, Fisher Nay: Newell Ordinance declared passed on 2nd reading. 7/29/68 Moved by Judge-Fisher the ordinance be adopted. Aye : Thurston, Judge, Fellinger, LeBaron,Fisher Nay: Newell Ordinance declared adopted.