HomeMy WebLinkAbout~Master - Amending Chapter 38 of Municipal Code, Zoning Ordinance FF
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STORY COUNTY, IOW,
p► FIL- FOR RECORD
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4 AAIA$JUL 2 71971 ;
ORDINANCE NO. 23,72
ELLA M. RJR�BACHER, Recorder
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AN ORDINANCE AMENDING, CHAPTER #38 CITED AS THE "ZONING ORDINANCE"
xOF THE MUNICIPAL CODE OF THE CITY OF. AMES, IOWA; REPEALING SECTIONS
38-1018 , 38-1019 , 38-1032, 38-1043 AND 38--1052; ESTABLISHING NEW i
SECTIONS TO BE DESIGNATED 38-1016.1, 38-1018, 38-1019 , 3$-1032,
38-104.3 , AND 38-1052 PROVIDING REGULATIONS FOR USES IN "RpSur
"C-1" AND 11C-2" DISTRICTS, SIZE OF LOTS IN` NEW SUBDIV1SONS, REG- p
x ULATIONS FOR PLANNED RESIDENTIAL UNITS AND RE`.ESTABLISHING REQUI !
MENTS IN "R-5f1 , '°C-5" AND '°I-1" DISTRICTS; REPEALING ALL ORDiNANCE�
AND PARTS OF ORDINANCES IN CONFLICT HEREWITH AND ESTABLISHING AN
EFFECTIVE DATE.
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IT IS ORDAINED BY THE CITY COUNCIL OF THE CITY. OF AMES, �
IOWA
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Section 1. Sections 38-1018 , 38--1019 , 38-1032, 38-1043 1
and 38-1052 of the Municipal Code of the City of Ames, Iowa, as p
hitherto existing are hereby repealed.
ar: Section 2. New sections to be numbered 38-1016.1, 38-1018, ;
38-1019 , 38-1032, 38-1043 and 38•-1052 are hereby added to. the Mun-�
icipal Code of the City of Ames, Iowa, as follows :
k Sec. 38-1016 .1 Uses in "R-5 (mobile home park) ; plan.
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-5" District. This district is
established to accomodate mobile home parks where such
use will be compatible with existing and indicated future
development as shown on the city' s comprehensive plan. A
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building or premises shall be used only for the following
purposes :
Mobile home parks including approved accessory
uses so long as such uses ,are incident to and
are operated as an integral part of the mobile
home park.
(a) Statement of polite. Since mobile home parks
I° have a special residential character of their own
"F and may have a significant effect upon the comp-
rehensive plan for the development of the city,
3 particularly with regard to planning and establish
_ . ment of .the sanitary and storm sewer lines, water �
lines, streets , traffic flow and other' sfety and
health considerations , it is in the public interes
that guidance over their planning be exercised by
the city council with the assistance of the city
plan commission.
-- - --
�F - (b) �teguirements of thy• The owner or owner
of a tract of land which comprises five (5) or mor
'. acres , may submit to the city council a plan of USO,
development and rezoning of such tract for the pur,4
pose of and meeting the requirementd set forth in
this section and in Chapter #23 of the Municipal
Code. r
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(c) Designated review :and procedure. The propose
plan and request for rezoning shall be referred to
F the city plan commission for study, report and
public hearing. The plan commission shall review
the plan for conformity with the comprehensive
plan, with recognized principles of civic design,
land use, planning, landscape architecture and
conformance with the requirements established in
this section. The commission may approve the plan
as submitted or, before approval, may require that #
the applicant modify, alter, adjust, or amend
the plan as the commission deems necessary to
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preserve the intent and purpose of this ordinance-
to promote public health, safety and general wet
fare. The proposed plan and request as approved I
by the commission shall then be reported to the
city council for consideration and action. , The,
approval and recommendations of the city plan
commission shall be accompanied by a report -
.stat-ing the reasons and basis for approval of the plan"
and request. The city council may, after notice
of public hearing on the request for rezoning,
approve or disapprove the plan and request or may
require such changes, thereto as it 'deems necessa
to effect the intent and purpose o this, chapter.-
(d) Permits. In any areas zoned "R-5" District,
tion 38-1055 through 38-1056 ,
the provisions of Sec
relating to zoning permits shall apply. In the
event of any variation in the site 'plan, as, app-. .
roved by the city council, the zoning enforcement
officer shall deny the permit. In such event the
applicant may revise or amend his plan and re
submit the same to the city council for approval
r as an original plan.
Sec. 38-1018. Uses in "C-1" 'District.
The regulations set forth in this section, or as
r set forth in this chapter when referred to in this 'sect3.0
are the regulations in the "C-l" District. 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:
S Any use permitted in the "R-4" District.
Antique shop.
Barbershop.
Beauty Shop.
Business office.
m Confectionery shop. "
Dentist's or doctor's office.
pp Drugstore.
f Florist shop. '
Gift shop.
Gunsmith shop.
Laundry and dry cleaning pick-up station.
Locksmith.
Professional office.
Professional or commercial school.
Studio--Photography, artist, dance or musician.
Tailoring, dressmaking or millinery shop.
Sec. 38-1019. Uses in "C-2" District.
x �
The regulations set forth in this section, or set
forth in this chapter when r ea
eferred to in this section, ar
s ' t. It is intended that
the regulations in the "C-2" Distric
this district is established to accommodate retail outlets,
wholesale outlets and service commercial establishments.
A building or premises in said district shall be used only
' n purposes:
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for the. following p p oses: i
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Any use permitted in the "C-l" District, provided "
however, that no building or land shall be
used for a dwelling other than a multiple
dwelling containing six (6) or more apart- I
ments 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
one hundred and seventy-five (1.75) feet of
the property line of any school premises
used for that purpose or any church premises�i
used for congregational purposes.
Cold storage or refrigeration plant.
Crating and packing service.
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Drive-in eating establishment. I
Dry cleaning establishment.
Furniture cleaning, demothing, upholstering, re-
pairing, refinishing.
Garden center.
Gasoline service station.
Golf ball driving range or miniature golf course.
Grocery, fruit or vegetable store.
Hotel.
Indoor recreation establishment.
Laboratories . a
Laundry. s
Lumber yard. 4
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, i
machinery and pipe.
Parcel delivery service.
Printing shop.
Public garage, provided, however, that any land I
used in conjunction with a public garage,
t and as a junkyard 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 (6) feet in height. There
shall be only one opening in the fence or
wall facing any public street for each
two hundred (200) feet of length. Such u
fencing shall be subject to the approval o
the city manager and sight clearance at
streets intersections.
Retail establishment.
5
Rental service.
Repair shop--Machinery and equipment.
s.
Restaurant.
Shoe repair shop.
Tourist home.
Well drilling service.
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Warehousing.
Wholesale establishment. 4
Tennis courts and similar game areas.
Any use similar to those above. }
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Sec. 38-1032. Council requirements 'for "R-5" "C-5" and
E I-1 districts or �1anned residential units
i In any "R-511 , "C-5" or "I-1" Districts' or planned
residential unit under Sections 38-1052 and 38-1053, the
city council may make such reasonable requirements as
1 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.
Sec. 38-1043. Reducing size of lots in new .subdiyisions.
The area of lots in new developments in "S-111., "R-1
or "R-2" Districts may be 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 than can be created
by a subdivision for residential purposes within a ,
residential district or districts shall be computed
by subtracting fifteen percent (15%) of the total
area being divided and dividing the remaining area
t by the minimum lot area requirement of the district
t or districts within which the new subdivision is
► located. This method shall apply regardless of
i the amount of land actually required for street
right-Qf-way and regardless of the amount of land
t if any, to be set aside for common use.
p� (b) Common land for open space or recreation use f
¢ within any subdivision which can accommodate a
minimum of twenty-five (2.5) or more lots may be set
aside for use by the owners of residential lots;
or some of the lot sizes in the subdivision be
reduced below the normal requirements of the distri t,
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 require-
ments of the district shall not be less than the
following special minimum standards :
' District Normal Minimum Special Minimum
CC Lot Area Lot Area
I
"S-1" 15,000 sq. ft. 10, 000 sq. ft.
10 ,000 sq. ft. 7 ,500 sq. ft.
"R-2" 6,000 sq. ft. 5,000 sq. ft. t
(c) The location, extent and purpose of common
land proposed to be set aside for open space or j
recreational use within any subdivision must be fi
reviewed by the city plan commission before the
provision of (b) above shall apply. A private
If recreation use, such as a golf course or swimming
pool, which is reserved to occupants or owners f
of lots located within the development may qualify
as common land as well as historic buildings or
sites, parkway areas , and ornamental parks.
Agricultural lands, 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. j
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9� (d) The maintenance ofc: cone n land f`or open`spae ir
recreation use shall be administered by a mandatory
home owner ' s association of all property owners in '
' the development.
(e) All of the above exceptions are 'subjectto the
approval of the city council after being reviewed
by the city plan commission. The city plan comm-
ission shall consider the topography, tree cover
and other natural features of the site, as well as
the standards of this chapter, the Subdivision
Ordinance (being Chapter #32 of this Code) , and
recognized principles of landscape architecture
and land use planning.
Sec. 38-1052. Planned residential units authorized;
conditions.
The owner of any tract of land comprising an area
not less than four (4) acres may submit to the city council
a plan for the use and development of all of 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
f the reasons and basis for approval of the plans with
particular consideration with regard to the following :
(a) The effect on the value of adjacent property.
j To this end the city plan commission may make
4" appropriate requirements.
(b) Consistency of the plan with the interest and
} purposes of this chapter to promote public
t, health, safety, and general welfare. I
g (c) Consistency of the plan with the principle
that dwelling units be restricted to one-
family, two-family, and/or multiple-family
dwellings and the usual accessory buildings
such as garages , storage space, or community
activities, including churches.
(d) Density proposed in the plan shall be no
greater than that allowable in the district
for which the tract is zoned.
(e) Adequacy of areas reserved for play and rec-
reational facilities.
Section 3 . All ordinances and parts of ordinances in con-
flict herewith are hereby repealed.
Section 4 . This ordinance is in full force and effect
from and after its adoption and publication according to law.
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Adopted this 20th day of July , 1971.
„,you se Whitcome, city Clerk Stuart N. Smith, Mayor
E,F b3pise Whitcome, the duly appointed, qualified and acting City
%a ! C1erlf, of the City of Ames, ,Iowa, do hereby certify that the above
. F, r` going Ordinance No. 2372 is a true and exact copy of said
sae and that said ordinance was adopted by the City Council l
k A,�zU aMe4cled at' a regular meeting thereof on the 20th day of July, ,
*l 9j,7..1 }>.
Lou ' Whitcome it Clerk of the
e City
City of Ames, Story County, Iowa.
INSTR. NO. FILED R RECORD THE oZ? —DAY OF S F I W STORY COUNTY.
RECORDING FEE /d S� 197/ AT D O_ corder
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