HomeMy WebLinkAboutA002 - proof of publicaiton, January 7, 1972 Proof of Publication in The
IT IS
OR
DAINED
AIN E D BY
THE
AMES
DAILY TRI
BUNE
IBUNE
CI
TY CO
UNCIL N U C IL OF TH
E
E
CITY OF AMES IOWA:
Section 1. Sections 38-1010
STATE IOWA,OF STORY COUNTY,ss.
...,.................,,,,,..............._.....,.......... 38-1049,38-1050,38-1061,38-1063
ORDINANCE NO. 2383 and 38-1070 of the Municipal I, IXaCnYy�Ec W. T. Farley on oath
AN ORDINANCE AMEND- Code of the City of Ames, Iowa
ING CHAPTER NO. 38 as hitherto existing is hereby depose and say that I am pip iKrtforeman
CITED AS THE "ZONING repealed. of the AMES DAILY TRIBUNE, a daily
ORDINANCE" OF THE Section 2.New sections to be
MUNICIPAL CODE OF THE numbered 38-1010, 38-1049, 38- newspaper, printed at Ames, Story County.
CITY OF AMES, IOWA; 1061, 38-1063 and 38-1070 are
REPEALING SECTIONS 38- hereby added to the Municipal Iowa; that the annexed printed _____
1010, 38-1049, 38-1050, 38-1061, Code of the City of Ames, Ordinance 233
38-1063 AND 38-1070; Iowa, as follows: - ----------------------------------------
ESTABLISHING NEW . Sec. 38-1010. Non-
SECTIONS TO BE conforming uses of land, --- - --- — - ------ ----- -
DESIGNATED 38-1010, 38- nonconforming struc-
1049, 38-1061, 38-1063, AND 38- tures, and nonconforming was published in said newspaper for
10 7 0 ; PROVIDING uses of structures.
REGULATIONS FOR (a)Statement of Intent. consecutive weeks, the first ________________
NONCONFORMING USES Within the various and the last of said publication was on +'
AND SPECIAL USE PER- districts established by
MITS, ESTABLISHING THE this chapter or its ---_7th.-_- day of -___J�nUaTµd__ I (ch.11).
ZONING BOARD OF AD- amendments there exist
J U S T M E N T A N D structures and uses of 1972 (ch. 8),
DELINEATING THE land with or without t� 13); News,
BOARD'S POWERS; nonconforming struc- tric company,
REPEALING ALL OR- tures which were lawful
DINANCES AND PARTS OF or vested nonconformingSworn to before me and subscCJC r- i
lth, KRNT-T 1
ORDINANCES IN CONFLICT u s e s p r i o r presence by Ha4X& ?�b1�tll"W. '.TV (ch. 13);
HEREWITH A N D to the adoption of this (ch. 5); Of
ESTABLISHING AN EF- chapter or its amend- this __1 2 th____ day of _J$r1Uary'_ch. 11)
FECTIVE DATE. ments but which would be --TV (ch.
prohibited, regulated or 1 _
restricted under the -! 'NT-TV
provisions of this -� WAt _ otary Pub David
chapter.It is the intent of in and for Story Coun
this ordinance to permit Fees,
these nonconformities to
continue even thoueh
(2)No such non- devoted entirely or in (4) In the event tnat a
they are incompatible nonconforming use of
with the district in which conforming use shall part t a use not a structure, or
they are located so long be moved in whole or permitted
ed by this structure and land in
as provisions hereinafter in part to any other o-dinance in the combination, is
set forth are complied portion of the lot or districi it which it is discontinued or
with. However, it is the parcel. located, shall be abandoned for a
general intent to restrict (3) No structure or enlarged, extended, period of one(1) year,
building shall be reconstructed,moved, the use of the same
nonconforming use and constructed on or or structurally
prohibit indefinite moved onto the land altered,unless the use shall thereafter
prolongation of the life of conform to the uses
any nonconforming unless the use is is changed to a use permitted in the
changed to a use permitted in the
structure or use so that _permitted in that district in which such district in which it is
ultimately uniformity located. Where
district. structure is located
will prevail. nonconforming use
(4)If any such non- (2)Any nonconforming
'(b)Non conforming Uses of conforming use of use may be extended status applies to a
Land. The lawful use of land ceases for any throughout any part of structure and land in
land upon which no combination, removal
reason for a period of a building which was
building or structure is more than one (1) manifestly arranged or destruction of the 3
erected or constructed, year, any subsequent or designed for such structure shall ter- t
which is a vested non m i n a t e t h e
conforming use under use of such land shall use at the time it authorization for the f
conform to the district became non- a
this and prior zoning regulations for the conforming. No such nonconforming use of
ordinances as adopted or district in which such use shall be extended the land;
amended, or which land is located. to any land outside (d)Nonconforming s- `
becomes nonconformingtructures. Where a
(c) Nonconforming Uses of such building; '
under ordinances as Structures.If a lawful use (3)If no structural structure is non-
adopted or amended conforming by reason of
> or vested nonconforming alterations are made,may be continued so long use of a structure or of a a nonconforming use restriction on area, lot
as such use remains coverage, height, yards,
structure and land in of a structure may be
otherwise lawful, subject combination,exists at the changed to another of the structure o or other characteristicsits
to the following effective date of adoption nonconforming use of
provisions: or amendment of this a similar nature or a location on the lot, such
(1) No such non- structure may be con-
conforming ordinance, that would not
conforming use shall more restricted use. g
as it
be allowed in the district Whenever a non- tinued so long
otherwise
be enlarged, in- under the terms of this conforming use has t
creased or extended to lawful, subject to the
ordinance the use may been changed to a
occupy a greater area following provisions:
of land. be continued so long as it more restricted use or (1) That it is not enlarged t
remains otherwise to a conforming use, or altered in a way
lawful, subject to the such use shall not which increases its
following provisions: thereafter be changed
(1)No existing structure to a less restrictive nonconformity;
use;
(2)That should it be
destroyed by any fairground. special features of means to an extent of (g)Hot house nursery or Sec. 384070. Powers of
sixty (60) per cent or t truck garden. the restoration and the board of adjustment.
more of its the method by The board of ad-
(h) Non-profit fraternal
replacement cost at institutions, provided h i c h such justment has the
time of destruction, they are solely used restoration is to beaccomplished. following powers:
exclusive of the for fraternal ur- (a) Powers relative to
foundations it shall p (3> A bond, written by
poses, and institutions a licensed suretyerrors. To hear and
not be reconstructed of educational, company, a cer- decide appeals where
except in conformity religious, philan- tified check or it is alleged there is an
with the provisions of t h r o p i c o r other financial error in any order,
this ordinance, eleemosynary char- guarantee regulation,
provided it be after.reconstructed within (i)pre-schools. satisfactory to the requirement, decision
-
six (6) months of such (j)Private clubs, golf city attorney in an or determination
happening. sufficient made by an ad-
(e)Maintenance courses, and tennis or to secure the ministrative official in
(e)Maintenance and repair swimming clubs. the enforcement of
to nonconforming (k)Riding stables, performance of the
structures. provided that no I g
restoration agree- this chapter or of any
ordinance adopted
Nothing in this section i stable or barn shall be ment.
� Sec. 38-1061. Board of pursuant thereto.
shall prohibit the located closer than adjustment established; (b) Powers relative to
maintenance and repair seventy five (75) feet membership. exceptions. After
of nonconformity o a lot line (1 within A board of adjustment public hearing and
structures to keep such a one-hundred(100) feet is hereby established, upon reaching a
structure in sound and of any well, or within Y finding that special
safe condition, provided two-hundred(200)feet which board shall consist
of five (5) members conditions exist
that no structural of any dwelling house appointed warranting
enlargement, extension, occupied by a family i pp 'c ted by the mayor, g t h e
alteration or change shall 1 subject to confirmation ' granting of such a
g other than the family by the city council. A permit, to permit as a
be made to increase the of the owner of such po
t, intments to the board .special exception to
degree of nonconformity. animals. Further shall be for a term of five the zoning regulations
Sec. 38-1049. Special use provided that no open set forth in this or-
permits. area used as a corral dinance the following
The Zoning Board of arena, or exercise n
(5) years. Any vacancy uses in a district when
Adjustment, after public yard shall be closer shall be filed in the same not specifically
hearing, and after than one-hundred manner for the unexpired authorized for such
receiving a report from (100) feet to an lot
Y portion of the term. district, provided all
the City Plan Com- line. Terms of office begin on exceptions shall be
mission, .and subject to (1)Roadside stands, April first of the year of their design, con-
s u c h protective commercial amuse- the appointment. No s t r u c t i o n a n d
restrictions as the zoning ment or recrea- member may be reap- operation adequately
Board of Adjustment may tional development pointed more than one safeguard the health,
deem necessary, may or temporary or time. safety and welfare of
authorize the location, seasonal periods. Sec.. 38-1063. Secretary of the occupant and
construction,extension or (m)Signs bearing the board; assistance by city, users of the adjoining
structural alteration of name and address of a department. and surrounding
any of the following residential The city plan director property, shall not
buildings or uses or an development. shall serve as the impair an adequate
increase in their height, (n)Extraction of top soil, secretary of the board. In supply of light and air
in any district from which gravel, sand or other the absence of the to the adjacent
they are prohibited or natural resources secretary, the chairman property, shall not
limited by this ordinance: except that in any of the board may appoint increase congestion in
(a)Any public building such operation in an g
p Y one of the members of the the public streets,
erected and used by district, there shall be board to act as secretary shall not increase
any department of a a restoration plan pro tem for the meeting.
municipal, county, filed with the City of p g' public danger of fire
state or federal The board has the power and safety, shall not
Ames and such plan to call on any city diminish or impair
government. shall contain the d e p a r t m e n t f o r established ro rt
(b)Airport, landing field following: p Y
or landing strip. (1)An agreement with assistance in the per- values in surrounding
(c)Area for dumping or formance of its duties, areas, and shall be
p g the city whereby and it shall be the duty of reasonably necessary
disposing of trash or the applicant such department to for and will serve the
garbage. contracts to restore
(d)Broadcasting towers, the premises to a render such assistance as public convenience
radio or T.V. with or may be reasonably and welfare;
condition and required. The board may (1)To permit erections
without broadcasting within a time also request the advice or
station. satisfactory to the recommendation of the
(e) Community building city. city plan commission.
or recreation center. (2)A p h y s i c a l Such commission should
(f) Exhibition area or restoration plan state the basis and
showing the reasons for any advice or
proposed contours recommendation it
after restoration, submits to the board.
plantings and other
and use of a building special exception the used only for a pur-
or the use of premises board may prescribe pose allowed in that
or vary the height, appropriate con- zone; _............................-......................_.....
.
yard or area ditions, limitations (2)That the plight of the repealed.
regulations in any and safeguards, in owner is due to unique Section 4. This ordinance is
location for a public conformity with this circumstances and not in full force and effect from
service corporation ordinance. Violation to the general con- and after its adoption and
for public utility of such conditions and ditions in the neigh- publication according to law.
purposes, or for safeguards, when borhood which may Adopted this 30th day of
purposes of public made a part of the r e f l e c t t h e December, 1971.
communication, in- terms under which the unreasonableness of Stuart N. Smith,
c l u d i n g t h e special use is granted, the zoning ordinance Mayor
distribution of shall be deemed a itself; and Louise Whitcome,
newspapers, which violation of this or- (3)That the use to be City Clerk
the board determines dinance and shall be authorized by the Published in The Ames
is reasonably punishable under Sec. variance will not alter Daily Tribune, January 7,
necessary for the 38-1081. t h e e s s e n t i a l 1972.
public convenience or (c) Powers relative to character of the
welfare. variances. To authorize locality.
(2) To permit the use of upon appeal in specific No purchaser of a non-
property in residential cases such variance from conforming property may
districts for off-street the terms of this or- claim unnecessary
parking purposes as dinance as will not be hardship.
accessory to per- contrary to the public In granting any
mitted ' residential interest, where owning to variance, the board may
district uses where special conditions a prescribe appropriate
said parking lots do literal enforcement of the c o n d i t i o n s a n d
not immediately provisions of this or- safeguards in conformity '
adjoin the permitted dinance will result in with this ordinance.
residential district unnecessary hardship, Violation of such con- e
use and so that the spirit of ditions and safeguards,
(3)To permit the ex- the ordinance shall be when made a part of the
tension of a district observed and substantial terms under which the e
where the boundary justice done.Except with variance is granted, shall
line of a district regard to a non- be deemed a violation of
divides a lot in a single conforming, owner- this ordinance and
ownership as shown of occupied, single family punishable under Sec. 38-
record or by existing dwelling located in a "C- 1081.
contract of purchase 1", "C-2", "C-3", or "G (d)Powers relative to special
at the time of the 4" District, to support a permits. To hear and
passage of this or- finding of unnecessary decide applications for
dinance,but in no case hardship the board must special permits in ac-
shall such extension of upon competent evidence cordance with the
the district boundary find: provisions of Sec. 38-1049.
line exceed forty (40) (1)That the land in Section 3. All ordinances
feet in any direction. question cannot yield and parts of ordinances in .
In granting any a reasonable return if conflict herewith are hereby