HomeMy WebLinkAbout~Master - Amending Chapter 38 of Municipal Code, Zoning Ordinance, Zoning Board • "W. Ne:;.{..........�.. ...... ..17 0 Fee $10.50
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STORY( COUNTY, IOWAI �
File FOR RECORD
A. N 101972 Pr
EM M. VRYRACHER, Recorder ORDINANCE NO. 2383
lr. ......_.11...............................Dept I
;IAN ORDINANCE AMENDING CHAPTER #38 CITED AS THE "ZONING ORDINANCE" 1
IOF THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA; REPEALING
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�ISECTIONS 38.-1010 , 38-1049 , 38-1050 , 38-1061, 38-1063 AND 38-1070;
ESTABLISHING NEW SECTIONS TO BE DESIGNATED 38-1010 , 38-1049 ,
38-1061, 38-1063 , AND 38-1070 ; PROVIDING REGULATIONS FOR NONCON 11
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( FORMING USES AND SPECIAL USE PERMITS, ESTABLISHING THE ZONING
1130ARD Ors ADJUSTMENT AND DELINEATING, THE BOARD'S P0INWS; REPEALING
TALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH AND =
? ESTABLISHING .AN EFFECTIVE DATE. f t
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IT IS ORDAINED BY THE CITY COUNCIL OF THE CITY OF AMES, `
iIOWA: I �
Section 1. Sections 38-1010 , 38-1049 , 38-1050 , 38-1061,
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If38-1063 and 38-1070 of the Municipal Code of the City of Ames, Iowa
;has hitherto existing is hereby repealed.
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I' Section 2. New sections to be numbered 38-1010 , 38-1049 , i
38-1061, 38-1063 and 38-1070 are hereby added to the Municipal Code j
I1of the City of Ames , Iowa, as follows :
!� Sec. 38-1010 . Nonconforming uses of land, nonconformin I
�j structures , and nonconforming uses of
{ structures *
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4 (a) Statement of Intent. Within the various districts ;
established by this chapter or its amendments there ;
exist structures and uses of land with or without i
nonconforming structures which were lawful or vested I
'l nonconforming uses prior to the adoption of this chapter
I or its amendments but which would be prohibited, I
regulated or restricted under the provisions of this j
chapter. It is the intent of this ordinance to permit j
�i these nonconformities to continue even though they are ;
�k incompatible with the district in which they are located
II so long as provisions hereinafter set forth are complied
with. However, it is the general intent to restrict
nonconforming use and prohibit indefinite prolongation
of the life of any nonconforming structure or use so i
` that ultimately uniformity will prevail. !
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(b) Nonconforming Uses of Land. The lawful use of land� I
upon which no building or structure is erected or ;
constructed, which is a vested nonconforming use under
`I this and prior zoning ordinances as adopted or amended,
!� or which becomes nonconforming under ordinances as
!� adopted or amended, may be continued so long as such {
I use remains otherwise lawful, subject to the following
If .. provisions : shall {
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(1) No such no
increased oronforming extended toe occupy aegreaterearea of
land. I
IIr (2) No such nonconforming use shall be moved in whole
I� or in part to any other portion of the lot or
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parcel.
. (3) No structure or building shall be constructed on
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1 or moved onto the land, unless the use is changed '
to a use permitted in that district.
(4) If any such nonconforming use of land ceases for
,(( any reason for a period of more than one (1)K year, %
'I any subsequent use of such land shall conform to
the district regulations for the district in which
I� such land is located.
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B00!(.//�---PAGE-:
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BOOK- J 7----PAGE° .
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Uses of Structures . If a lawful use or
(c) Nonconforming
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vested nonconforming use of a structure, or of a
structure and land in combination, exists at the j
�i effective date of adoption or amendment of this
ordinance, that would not be allowed in the district
under the terms of this ordinance, the use may be
!; as it remains otherwise lawful,
continued so- long ;
subject to the following provisions :
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(1) No existing structure devoted entirely or in part j
to a use not permitted by this ordinance in the
district in which it is located, shall be enlarged, ' "
extended, reconstructed, moved, or structurally (,
it altered, unless the use is changed to a use permitted
!' in the district in which such structure is located; !
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(2) Any nonconforming use may be extended throughout any,
part of a building which was manifestly arranged orj
it designed for such use at the time it became noncon- 1
1� forming. No such use shall be extended to any land
'f! outside such building;
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(3) If no structural alterations are made, a nonconfo t
ing use of a structure may be changed to another
itnonconforming use of a similar nature or a more
! restricted use. Whenever a nonconforming use has
!� been changed to a more restricted use or to a
�I conforming use , such use shall not thereafter be
j changed to a less restrictive use; I
1I1! (4) In the event that a nonconforming use of a structure,
or structure and land in combination, is discontinued
II or abandoned for a period of one (l) year, the use !
of the same shall thereafter conform to the uses
'I permitted in the district in which it is located.
!! Where nonconforming use status applies to a structure
and land in combination, removal or destruction of I
the structure shall terminate the authorization for !
the nonconforming use of the land; !
(d) Nonconforming Structures . Where a structure is noncon
i� - ;
i forming by reason of restriction on area, lot coverage,
i� height, yards , or other characteristics of the structure
or its location on the lot, such structure may be con-
tinued so long as it remains otherwise lawful, subject
!� to the following provisions :
II (1) That it is not enlarged or altered in a way which
�I increases its nonconformity; !
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j (2) That should it be destroyed by any means to an extent
II of sixty (60) per cent or more of its replacement I
i` cost at time of destruction, exclusive of the
++i foundations , it shall not be reconstructed except
in conformity with the provisions of this ordinance,
li provided it be reconstructed within six (6) months
of such happening.
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i (e) Maintenance and repair to nonconforming structures .
Nothing in this section shall prohibit the maintenance I
and repair of nonconforming structures to keep such a
structure in sound and safe condition, provided that not
structural enlargement, extension, alteration or change ;
e the degree of nonconformity.
shall be made to increas
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Sec. 33-1049 . Special use permits . i !
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!� The Zoning Board of Adjustment, after public hearing , ands }
i after receiving a report from the City Plan Commission, and
subject to such protective restrictions as the 'Zoning Boardi i
of Adjustment may deem necessary , may authorize the location{,/ f
construction, extension or structural alteration of any of k
I� the following buildings or uses or an increase in their
i height, in any district from which they are prohibited or i
limited by this ordinance :
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(a) Any public building erected and used by any department
of a municipal, county, state or federal government. i
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(b) Airport, landing field or landing strip. I
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(c) Area for dumping or disposing of trash or garbage.
(d) Broadcasting towers , radio or T.V. , with or without
broadcasting station.
!i (e) Community building or recreation center. j
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(f) Exhibition area or fairground.
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(g) Hot house, nursery or truck garden. j
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(h) Non-profit fraternal institutions , provided they are
solely used for fraternal purposes , and institutions !
of educational, religious , philanthropic or eleemosynary )
character.
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(i) Pre-schools.
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(j) Private clubs , golf courses , and tennis or swimming
clubs .
(k) Riding stables , provided that no stable or barn shall
I� be located closer than seventy five (75) feet to a lot
line or within one-hundred (100) feet of any well , or
within two-hundred (200) feet of any dwelling house
occupied by a family other than the family of the owner
of such animals . Further provided that no open area
used as a corral, arena, or exercise yard shall be
closer than one-hundred (100) feet to any lot line.
(1) Roadside stands , commercial amusement or recreational j
development or temporary or seasonal periods . 1
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(m) Signs bearing the name and address of a residential ;
development.
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i) (n) Extraction of top soil , gravel , sand or other natural
resources except that in any such• operation in any
district, there shall be a restoration plan filed with
!i the City of Ames and such plan shall contain the following:
(1) An agreement with the city whereby the applicant f
contracts to restore the premises to a condition
and within a time satisfactory to the city. j
1� (2) A physical restoration plan showing the proposed
contours after restoration, plantings and other
special features of the restoration and the method 61
by which such restoration is to be accomplished.
(3) A bond, written by a licensed surety company> a i
If certified check or other financial guarantee satis-
, factory to the city attorney in an amount sufficient
to secure the performance of the restoration
agreement.
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BOOK.L�.7.. PAGE G.9 '
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BOOK__L 0---PAGEJ.7 ..
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j Sec 38-1061 Board of adjustment established; mernbershir�. f
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li A board of adjustment is hereby established , which board
shall consist of five (5) members appointed by the mayor ,
subject to confirmation by the city council . Appointments
to the board shall be for a term of five (5) years . Any
i vacancy shall be, filled in the same manner for the unexpired
portion of the term. Terms of office begin on April first
ji of the year of the appointment. No member may be reappointed
more than one time,
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I; Sec 38-1063 Secretary of board; assistance by city
' department.
The city plan director shall serve as the secretary of the
�! board. In the absence of the secretary, the chairman of the
board may appoint one of the members of the board to act as
secretary pro tem for the meeting. The board has the power ;
to call on any city department for assistance in the perforra-
({ ance of its duties , and it shall be the duty of such depart
i' ment to render such assistance as may be reasonably required.
The board may also request the advice or recommendation of
the city plan commission. Such commission should state tnej
basis and reasons for any advice or recommendation it submits
to the board.
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Sec 38-1070 Powers of the board of adjustment. j
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i The board of adjustment has the following powers j
(a) Powers relative to errors . To hear and decide appeals
where it is alleged there is an error in any order, i
j1 regulation, requirement, decision or determination made ;
ji by an administrative official in the enforcement of this
chapter or of any ordinance adopted pursuant thereto. i
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(b) Powers relative to exceptions . After public hearing and
upon reaching a finding that special conditions exist
warranting the granting of such a permit, to permit as
i a special exception to the zoning regulations set forthi
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IIi in this ordinance, the following uses in a district when
II not specifically authorized for such district, provided !
all exceptions shall be their design, construction and
I� operation adequately safeguard the health, safety and
i welfare of the occupant and users of the adjoining and
{ surrounding property, shall not impair an adequate
supply of light and air to the adjacent property, shall
not increase congestion in the public streets, shall not
�I increase public danger of fire and safety, shall not I
diminish or impair established property values in
surrounding areas , and shall be reasonably necessary, fo
and will serve the public convenience and welfare;
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(1) To permit erections and use of a building or the use
it of premises or vary the height,_ yard or area regu- I
lations in any location fora public service
II corporation for public utility purposes , or for
purposes of public communication, including the j
distribution of newspapers , which the board deter-
mines is reasonably necessary for the public convent
fence or welfare.
it (2) To permit the use of property in residential districts
Ij for off-street parking purposes as accessory to
II permitted residential district uses where said
parking lots do not immediately adjoin the permitted
I residential district use.
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(3) To permit the extension of a district where the
i boundary line of a district divides a lot in a
single ownership as shown of record or by existing
j� contract of purchase at the time of the passage of
this ordinance , but in no case shall such extension:
�I of the district boundary line exceed forty (40) feet '
in any direction.
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I1 In granting any special exception the board may prescribe
appropriate conditions , limitations and safeguards , in
j conformity with this ordinance. Violation of such i
conditions and safeguards , when made a part of the term
under which the special use is granted, shall be deemed
a violation of this ordinance and shall be punishable i
under Sec. 38-1081.
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'I (c) Powers relative to variances . To authorize upon appeal )
in specific cases such variance from the terms of this
i) ordinance as will not be contrary to the public interest,
it where owing to special conditions a literal enforcement
II of the provisions of this ordinance will result in
unnecessary hardship , and so that the spirit of the j
ordinance shall be observed and substantial justice done.
Except with regard to a nonconforming, owner-occupied, i
single family dwelling located in a "C-1" , "C-2" , - "C-3" ;
or "C-4" District, to support a finding of unnecessary I
hardship the board must upon competent evidence find:
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i (1) That the land in question cannot yield a reasonable )
return if used only for a purpose allowed in that
zone;
I} (2) That the plight of the owner is due to unique cir-
cumstances and not to the general conditions in the
(i neighborhood which may reflect the unreasonableness ;
II of the zoning ordinance itself; and
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(3) That the use to be authorized by the variance will l
not alter the essential character of the locality.
� No purchaser of a nonconforming property may claim j
!� unnecessary hardship.
I In granting any variance, the board may prescribe i
�I appropriate conditions and safeguards in conformity with
lj this ordinance. Violation of such conditions and safe- ;i
II guards , when made a part of the terms under which the
1� variance is granted, shall be deemed a violation of this
!i ordinance and punishable under Sec. 38-1081.
(d) Powers relative to special permits . To hear and decide
applications for special permits in accordance with the '
provisions of Sec. 38-1049 .
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jISection 3 . All ordinances and parts of ordinances in con-
Ilflict herewith are hereby repealed. . ;
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! 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 30th day of December 1971.
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iLo- ise Whitcome, City Clerk Stuart N. Smith, Mayor
I, Louise Whitcome, the duly. appointed, qualified and acting
I' City Clerk of the City of .Ames,. Iowa, do hereby certify. that th�
above,,,a,nd,,,fore•going Ordinance No. 2.383 is, a, true and exact copy,
Olt,,' saig JorQimance, and that said1,ordinance, was adopted by the
,Cit •CpR cal at a special meeting thereof on the 30th day of
" Dee 61Ah
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Lou se Whitcome, City Clerk of the I
Sz�L City of Ames, Story Co unty, Iowa. j
Dates =a�t�eAme�; Iowa. this 7th d of Jan�;'"7972.
INSTR. NO. � . _ FILED R RECORD THE 1� DAY�F TE F IOW RY C NTY.
RECORDING FEF�D_ __ .— 19,Ze AT recorder
TRANSFER FEE O LOCK-4—M. B OKPAGE Denury
12/21/71 Moved by Maxwell-Fellinger the ordinance pass on lst reading.
Aye : Thurston, Maxwell, Fellinger, Fisher.
Nay: None Absent: Nelson, Koerber
Ordinance declared passed on lst reading.
12/30/71 Moved by Fellinger-Fisher the ordinance pass on 2nd reading.
Aye : Thurston, Maxwell, Fellinger, Nelson, Fisher
Nay: None Absent: Koerber
Ordinance declared passed on 2nd reading.
Moved by Fellinger-Fisher the rules be suspended, etc .
Aye : Thurston, Maxwell, Fellinger, Nelson, Fisher
Nay: None Absent: Koerber.
Rules declared suspended.
Moved by Fellinger-Fisher the ordinance do now pass .
Aye : Thurston, Maxwell, Fellinger, Nelson, Fisher
Nay: None Absent : Koerber
Ordinance declared adopted.
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