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HomeMy WebLinkAbout~Master - Amending Regulations in C-5 Zoning District CiYRONZY Ac V%ssp PtC-00 i N Cr Not ORDINANCE NO._25 3 6 Me c&ssAR V AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, I IOWA, BY REPEALING SECTIONS 38-1022 AND 38-1033 THEREOF AS SAID SECTIONS HAVE HERETOFORE EXISTED; AND; ENACTING NEW SECTIONS 38-1022 AND 38-1033 FOR THE PURPOSE OF CHANGING THE REGULATIONS APPLICABLE IN THE C-5 ZONING DISTRICT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH TO THE EXTENT OF SUCH CONFLICT; AND, ESTABLISHING AN EFFECTIVE DATE. BE IT ENACTED, by the City Council for the City of Ames, Iowa, that: Section 1. The Municipal Code of the City of Ames, Iowa, be, and the same is hereby, amended by repealing Sections 38-1022 and 28-1033 thereof as said sections have heretofore existed. Section 2. The Municipal Code of the City of Ames, Iowa, be, and the saine is hereby, further amended by enacting new Sections 38-1022 and 38-1033 to read as follows: Sec. 38-1022 . The C-5 district. The regulations contained in this section or set forth in this chapter as relating to this section are the regulations in the C-5 district. (a) Purpose. The C-5 district is intented for appllcation to areas of special sensitivitv to detrimental public and environmental impacty by new land use so as to: (1) Accommodate the fully planned and systematic development of relatively large tracts of previously undeveloped land for commercial uses when such tract is adjacent to developed residential areas. (2) To Accommodate conversion of relatively small parcels of land from a residential to a commercial use when such parcel abuts on one side to a developed commercial use and on another side to a developed residential use. (b) Use regulations. The following regula- tions and procedures shall apply to the uses made of land in a C-5 district: (1) As a general rule, the following uses shall be permitted: Apothecary shop. Barbershop. Beauty shop. Business office. Gasoline service station. Grocery, fruit or vegetable store. Hotel/motel. Professional office. Restaurant. Retail store (for specific and general merchandise) . Studio-photography, artist, dance or musician. Other similar retail and service establishments. -2- - - If the application of C-5 district regulations to a certain parcel or tract of land is applied for by the owner or developer, the intended uses of the land shall be stated at the time of the application. However, a zoning permit for a permitted use other than as intended at the time of application will be issued if all other provisions of this section are complied with and if, following sixty (60) days notice of the proposed departure from intended uses made to the planning and zoning commission, said use is not proscribed as provided in subpart (2 . ) below. (2) The planning and zoning commission, with the assistance of the planning division of the department of community development, shall, prior to any area being designated as C-5 district, determine for such area those uses in the above list which are likely to have such tendency to detrimental impact as to be impermissible at the site under any condition. Such impermissible uses shall be reported in writing to the city council by the planning and zoning commission along with a summary of supporting evidence and reasoning. Thereafter, the city council may, by affirmative vote of a majority of its whole number, adopt a list of such impermissible uses and such list shall be a part of the regulations applicable to the affected land. No zoning permit shall be issued for a use within the scope of such list of impermissible uses. (c) Planning required. No building permit will be issued in the C-5 district until the development of the land for commercial purposes has been planned for and the plan for land use approved by the city council. Eight (8) copies of a plat and plan narrative shall be included showing: (1) Certified survey of the tract including contours. (2) Areas to be developed for buildings and the borders of proposed yard areas around such buildings. (3) Areas to be developed for parking. (4) Location of pedestrian and vehicular circulation and the points of ingress and egress, including frontage and access streets and roads . (5) Location, size, and characteristics of identification and advertising signs . (6) Landscaping and other measures to buffer incompatable uses and architectural features. (7) Existing utilities. e ' -3- (8) Elevations of land and height of all man-made features . (9) Lighting layout and appurtenances . (10) Evidence of financial responsibilities sufficient to assure satisfactory completion of the proposed development. (d) Review procedure. The proposed plan as required in subpart —c)- above will be referred by the city council to the planning and zoning commission for study, investigation and report of recommendations. The recommendations of the planning and zoning commission will be made in writing to the city council and will include a statement of the evidence, assumptions and reasoning on which its recommendation is based. (e) Permits . In any area zoned "C-5" district, the provisions of Section 38-1055 through 38-1060, relating to zoning permits, shall apply, except that construction shall be commenced within eighteen (18) months after the issuance of the building permit. In the event of any departure of the plan as approved by the city council, the zoning enforcement officer shall deny the permit. Exceptions to the approved plan may be granted by the zoning board of adjustment only to allow minor departures from the plan when needed to obviate or cope with practical difficulties encountered during the course of development, provided: (1) Such exception is not inconsistent with the premises, reasoning and policy on which approval of the plan was based. (2) There will be no substantially adverse environmental or economic impact on owners or tenants of the developing tract or of adjacent tracts . The zoning board of adjustment shall, in granting any exception to the approved plan, impose such conditions as shall be reasonable to protect the integrity of the plan and advance the premises and policies on which it is based. The zoning board of adjustment shall make no exceptions relative to permitted and prohibited uses within the district. An amendment or revision of the plan may be effected only by proceeding in the same manner as for an initial plan. Sec. 38-1033. Height, yard, lot width, area requirements generally. The maximum height of a building; the minimum front, rear and side yard requirements; the minimum lot width at the building line and street line; and the minimum lot area per dwelling unit, for all districts are governed and requlated by the requirements sho,n in the chart hereinafter set forth under th'-s section and the footnote thereto, except as otherwise specifically provided in other sections of this chapter. w 4a I U O r1 r~ 0 O O O a) O I I I 1 1 O O 1 O 0 ra rl a I I I g • 0 1 1 1 1 1 tb O 1 O O rO4-1 C: Ia 44 U a) -I r1 r-i sa ra a) 0w0 04 U) � s~ �4 -r4 O O O O O ra 0 I I I 1 O O 0 1 O O 4-) 3 O I I I I O O O 1 O O I I I I I I -I-) —4 0 f� r-4 :j O O O O O O O O O O a) O O O O O O O O O O I I I I I I r 1 I~ O Ln O O O O O O o O O I I I I 1 I 0 I I I I I I M O Ln 0 Qo �o %-o M 0 k.0 It N r-i r1 4 •-) v v m ., -u a) �4 -r1 -� a a a I 1 I O a) 4J a O Ln Ln Ln Ln Ln Ln Ln I Ln Ln — I I I 4a U) M m co (n M m cM I m M � S~ rI •rI U a) a) r1 -4 O O O O O O O O Ln O 0 r� a O O 0 tlo Ln Ln Ln M Ln Ln r1 r-4 W I v • �4 ri O O O O U U U U U U t-1 0 O N N N ,5 a � Iv 4-3 �4 a) _ Z R� 44 �4 rr, r-+ � r� � rI rl rA w }4 ra `. v v ,, U ra I~ a) O O Lf) Ln Ln Ln Ln Ln L11 M O O N N N 71-ri (2' Ln N N N N N N N cV r1 r 1 r-1 r1 [� W w s~ -N ra UC r' ZS t-i -n 'r'I W i. 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O fx r-I 5-4 O O O O O O O Ln Ln Ln O O O O O O H Cxr Ln M M M r*'1 rM N N N d' O a r. +.) 4-) rQ v O O O O O O O O I O O O O O O O O r� r� U) � d' d� Ln 0 1 O O 0 � O 0rn Ln w tr w -1 1 r1 -4 x � En H '-I a) Q �5 -r-I H �4 O M c+M rr) M ('') d' Ol I Ol rs m r*) (6 44 4J E-4 O 4n 0 a tr tr la r-I -ra to to v a) � tr •.� -rI q q m ra � ra E+ s~ s~ H r1 r♦ r0 r i rl x -,1 r1 r1 r-i >1 >i }1 ra U U rq ra M S 4 U' r1 r-i a) (1) r-1 -1 ra U N 14 U rl -1 1 41 H H r-1 3 3 -A -4 p, -H a) a) �I N }4 U) w .-I v a, q q E 1~ ro (1) 4-) 4-) �5 x I~ fu 3 3 ra ra (1) a) Q H H ul LF) •rI �4 Q q >i >1 w w F O O o H �5 �l s~ ra �5 r-1 —4 O I rr+r U U 0 10 1 H C4 a ra ro N r� r1 «S I 'A >1 H H th n rQ ra ra 04 Ili Q) }i a) ra fa rA Q) 0 ro U �4 �4 N N -r-i r1 r I rI U }1 $ -.1 +-) ?i I~ r1 0 -A �l 4J 4J r{ Q, -r1 a) rr. ra rq- > >l 0 �4 A IQ v 0 r-I r 4 U) 44 r~ to +3 tr ra ra -4 a x aam w n 0 0 0 x a x -1 r-I N r--1 N M It Lr) r-i N M d' r1 (N M W 1 I t I I I I I I I I I I I I I I U) f=a U) U] a a a a a x U U U U H H H 1 • i (a) Farm buildings , other than dwellings , • communication towers , flag poles and bell towers are exempt from these regulations. (b) These regulations do not apply to a church, school, library, museum club, social center, community building or any building of a similar institution. The following regulations apply: (1) Front yard shall be a minimum of forty-five (45) feet; (2) Side yards shall be a minimum of twenty-five (25) feet plus one foot for each additional three (3) feet of building height over fifty (50) feet; (3) . Rear yards shall be a minimum of thirty-five (35) feet. (c) Side yard shall be a minimum of six (6) feet for one story buildings , eight (8) feet for two (2) story buildings , ten (10) feet for three (3) story buildings, twelve (12) feet for four (4) story buildings , and an additional four (4) feet for every story over four (4) . On corner + lots , the side yard adjoining the street shall be a minimum of fifteen (15) ' feet in "S-1" , "S-2" , 1BR-1" , "R-2" , and "R-3" Districts; and_ a minimum + of twelve and one half (12 1/2) feet in "R-A" , "H-M" and "C-l" Districts. (d) No side yard -required except on the side of a lot adjoining an "S-1" , "S-2" , "R-2" , "R-3" , "R-4" District in which case the side yard regulations of the district which it adjoins shall _ apply. No rear yard required except on the rear of a lot abutting an "A-1" , "S-1" , "S-21' , "R-1" , "R-21# , III i "R-3" , or "R-4" District in which ' case the rear yard regulations of the district which it adjoins shall apply. (e) The regulations apply only to lots "ich are used all or in part for dwelling units . (f) Area requirements for structures containing seven (7) or more dwelling units shall provide 1,000 square feet of lot area for each dwelling unit. (g) When used for commercial purposes , front yard may be reduced to fifteen (15) feet. - (h) On a corner lot the minimum rear yard shall be twenty (20) feet. (i) These reaulations apply only to yards not abutting arterial streets. When any front, rear or side yard abuts on an arterial street, subh • �,-a �'- ,.�ra� ^c abutting an arterial street shall be a minimum of forty (40) feet. (j) These regulations apply only to yards not abutting arterial streets. c-Then any front, rear, or side yard abuts on an arterial street, such yard or yards so abutting an arterial street shall be a minimum of sixty (60) feet from the centerline. i (k) Requirements shall be in conformance I with Chapter 23 of the Ames Municipal Code. (1) Requirements of the "R-4" District shall be applied as minimum. Section 3 . All ordinances and parts of ordinances in conflict herewith are hereby repealed. Section 4 . This ordinance is in full force and effect from and after its passage and publication as provided by law. Passed this 2nd day of March 1976 . Mary E . aul, City Clerk Le Fellinaer, a y o r STATE OF IOWA COUNTY OF STORY CITY OF AMES I, Mary E. Paul, duly appointed, qualified and acting City Clerk of the City of Ames, Iowa, do hereby certify that the above ordinance is a true and exact copy of an ordinance adopted by the City Council at a regular meeting held on the second day of March, 1976. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the City of Ames, Iowa, this 4th day of March, 1976. Mary E. D6ul, City Clerk (1) Requirements of the "R-4" District shall be applied as minimum. Section 3 . All ordinances and parts of ordinances in conflict herewith are hereby repealed. Section 4 . This ordinance is in full force and effect from and after its passage and publication as provided by law. Passed this 2nd day of March 1976 . Mary E . ,Plaul, City Clerk Fellinger, ayor I 1st Reading - 2/17/76 Koerber-Hammer Voting aye : Hammer, Huston, Koerber, Maxwell. Voting nay: Nelson. Absent : Stevens . 2nd Reading - Koerber-Stevens 2/24/76 Voting aye : Hammer, Huston, Koerber, Stevens . Voting nay: None. Absent : Maxwell, Nelson. 3rd Reading - Koerber-Hamrner Voting aye: Hammer, Huston, Koerber, Maxwell, Voting nay: Nelson Absent : Stevens . Signed by the Mayor this 4 day of March 1976.