Loading...
HomeMy WebLinkAbout~Master - Zoning Ordinance V/ 10 INST STp Ep FOR RECORp T Qit�✓ a M L SUN 2 31980 ✓ N U 01 .� N P ���e� p I ST# sussDOW FEE$ I,o0 ORDINANCE NO. 2751 AN ORDINANCE TO ENACT NEW AND REVISED ZONING REGULATIONS MADE IN ACCORDANCE WITH A COMPRE- HENSIVE PLAN; AMENDING THE OFFICIAL ZONING MAP TO DESIGNATE ALL LAND NOW SHOWN IN THE "C-2" and "C-3" DISTRICTS TO BE IN A DISTRICT NAMED "G-C, GENERAL COMMERCIAL", ALL THE LAND NOW SHOWN IN THE "C-4" DISTRICT TO BE IN A DISTRICT NAMED "C-C, CONCEN- TRATED COMMERCIAL", ALL LAND NOW SHOWN IN THE "C-1 and C-5" DISTRICTS TO BE IN A DISTRICT NAMED "P-C, PLANNED COMMERCIAL"; AND ALL LAND IN THE "S-1" AND "S-2" DISTRICTS TO BE IN A DISTRICT NAMED "S-R SU- BURBAN RESIDENTIAL DISTRICT"; PROVIDING A PENALTY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH TO THE EXTENT OF SUCH CON- FLICT; AND ESTABLISHING AN EFFECTIVE DATE BE IT ORDAINED by the City Council for the City of Ames, Iowa: "See. xxx. l . SHORT TITLE. These regulations shall be known and may be cited and referred to as the "Zoning Ordinance" to the same effect as if the full title were stated. Sec. xxx.2. DEFINITIONS AND RULES OF CONSTRUCTION. For the purpose of interpreting this ordinance, 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 which 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) Alteration, structural. Any change in the load bearing mem- bers of a building, such as bearing walls, columns, beams or girders. The enlargement of the size or height of a building shall be construed to be a structural alteration. (3) Apartment. A room or suite of rooms, with toilet and culi- nary 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 primari- ly to nonresidential use. 800K IL -4 PA GE aa� 2 e (4) Boardinghouse. A lodging or rooming house where meals are regularly served for compensation to more than three (3) persons not members of the family there residing. (5) Building. A structure having a roof supported by columns or walls for shelter, support, or enclosure of persons, ani- mals or chattels. When separated by division walls from the ground up without openings, each portion of such structure shall be deemed a separate building. (6) 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 mea- surement 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 the level 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. (7) 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 amusement enterprises. (8) Convalescent home. A building or premises in or on which care is provided for two (2) or more invalid, infirm, aged, convalescent, or physically disabled or injured persons, not including insane or other mental cases, inebriate, or conta- gious cases. Nursing homes are convalescent homes. (9) Dwelling Unit. A building or portion thereof designed or used exclusively for residential occupancy, but not including house trailers, mobile homes, hotels or motels. (10) Dwelling--single-family. A building designed for and occu- pied exclusively by one family. (11) Dwelling--two-family. A building designed for and occupied exclusively by two (2) families. (12) Dwelling--multiple-family. A building designed for occupan- cy by more than two (2) families. (13) Family. An individual, or two (2) or more persons related to one another by blood, marriage, or legal adoption, including foster children, and not more than two (2) roomers; or in the alternative, not more than three (3) unrelated persons. BOOK PAGE 3 (14) 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 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 activities, and provided further that farming does not include the feeding of garbage or offal to swine or other animals. (15) Fraternity house; sorority house. A building, other than a hotel or motel, that is occupied as a domicile predominantly by members, candidates for membership, employees and guests of the same social fraternity or sorority. (16) Garage, private. An accessory building or portion of a build- ing used only for the shelter and/or storage of vehicles by the occupants of the dwelling, or the leasing of space as pro- vided herein, including covered space or carport. (17) Gross floor area. The sum of the gross horizontal area of floors of a building, including interior balconies and mezza- nines. All horizontal dimensions are to be between the ex- terior faces of walls. (18) Junkyard or salvageyard. An open area on any lot or par- cel of land which is used for storage, abandonment or keep- ing of junk, including scrap metals or scrap materials, or for the abandonment or dismantling of machinery, motor vehicles, or other vehicles or parts thereof. (19) _Lodging house. Also called rooming house, is a building or portion thereof, other than a hotel or motel, which provides rooms for sleeping, and is capable of accommodating more than three (3) people, for which rents or fees are charged. (20) 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. (21) Lot area. The area of a horizontal plane, bounded by the front, side and rear lot lines. (22) Lot, corner. Lots conformung to the requirements of the following specified conditions shall be considered as corner lots under the provisions of this ordinance: BOOK PAGE 5 1 {t however that this definition does not include or apply to prefabricated or module units not designed and constructed as a vehicle on a permanent wheeled vehicle chassis, but trans- ported over highways on reusable wheeled vehicle chassis, only for location at a permanent construction site. (32) Principal buildinK. A principal building is a nonaccessory building in which the principal use of the lot on which it is located is conducted. (33) 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. (34) 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 ('k) of its height of one or more walls above the highest level of adjoining ground. (35) Setback. The required distance between a lot line and the closest wall of a structure on the lot. (36) Street, public. A public thoroughfare more than twenty-four (24) feet in width. (37) Street, front. The street or public place upon which a lot abuts. if—a plat 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. (38) Structure. Anything constructed or erected, the use of which requires location on the ground or attached to some- thing having location on the ground. (39) 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 cor- nices, eaves, gutters or chimneys projecting not more than thirty (30) inches, steps, bay windows, or similar features not extending through more than one story and which do not aggregate more than one-third of the width of the frontage of the building, and vestibules not more than one story 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. (40) Yard, rear. The required open space, unobstructed to the sky, extending along the rear lot line (not a street line) throughout the whole width of the lot to the rear of the prin- cipal building, excluding cornices, eaves, gutters, bay win- dows and chimneys projecting not more than thirty (30) BOOK (-: PAGE a� Y 5 r r � however that this definition does not include or apply to prefabricated or module units not designed and constructed as a vehicle on a permanent wheeled vehicle chassis, but trans- ported over highways on reusable wheeled vehicle chassis, only for location at a permanent construction site. (32) Principal building. A principal building is a nonaccessory building in which the principal use of the lot on which it is located is conducted. (33) 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. (34) 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 isf the onelowest morestory wallshaving above the least highestone-half o its height level of adjoining ground. (35) Setback• The required distance cathe lottween a lot line and the closest wall of a (36) Street, public. A public thoroughfare more than twenty-four (24) feet in width. (37) Street, front. The street or public place upon which a lot abuts. if—a plat 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. use of (38) Structure which iresn location ything cons the constructed or erected, e attached to some- thing having location on the ground. (39) 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 cor- nices, eaves, gutters or chimneys projecting not more than thirty (30) inches, steps, bay windows, or similar features not extending through more than one story and which do not aggregate more nhdn one-thir of vestibules not moreh of thanhe oneonta st ry in the budding, height and extending more than three (3) feet beyond rches the front wall of the principal building, one story op po extending eight (8) or less feet into the front yard. (40) Yard, rear. The required open space, unobstructed to the sky, extending along the rear lot line (not a street line) throughout the whole width of the lot to the rear f he pyin- rin- cipal building, excluding cornices, eaves, gu dows and chimneys projecting not more than thirty (30) BOOK . PAGE-a 6 inches, uncovered steps, open porches, not more than one story in height, and extending not more than eight (8) feet into the rear yard, and accessory buildings. (41) 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 build- ing 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. (42) Zoning permits. The permits issued by the enforcing officer authorizing the use of the land for the purpose specified in the document. Sec. xxx.3. DISTRICTS ESTABLISHED. For the purpose of this ordinance, the city is hereby divided into four- teen (14) classes of districts as follows: "A-1" District (Agricultural) 'IS-R" District (Surburban Residential) "R1-10" District (Low-Density Residential) "R1-6" District (Low-Density Residential) "R-2" District (Low-Density Residential) "R2-7" District (Low-Density Residential) "R-3" District (Medium-Density Residential) "R-4" District (High-Density Residential) "R-5" District (Mobile Home Parks) "H-M" District (Hospital-Medical) "G-C" District (General Commercial) "C-C" District (Concentrated Commercial) "P-C" District (Planned Commercial) "G-I District (General Industrial) "P-I" District (Planned Industrial) Sec. xxx.4. CLASSIFICATION OF NEWLY ANNEXED TERRI- TORY. Every petitioner for voluntary annexation shall be required to state the reasons for wishing to join the City and request zoning for the area to be annexed. All newly annexed territory shall be in the A-1 District until zoned in accordance with the Comprehensive Land Use Policy Plan. Sec. xxx.5. MAP ADOPTED. The City is hereby divided into districts as shown on the Official Zoning Map, which, together with all its designations and explanatory my, .I•L-PAGE 7 - P ' f r � matter thereon, is hereby adopted by this reference thereto and de- clared to be a part of this ordinance. The Official Zoning Map shall be identified by the signature of the Mayor attested by the City Clerk, and bearing the seal of the City under the following words: "Ordi- nance No. 2109 of the City of Ames, Iowa, adopted December 21, 1965." Regardless of the existence of purported copies of the Official Zoning Map which may from time to time be made or published, the Official Zoning Map which shall be located in the Office of the Zoning Enforce- ment Officer is the final authority as the current zoning status of land and water areas, buildings, and other structures in the city. Sec. xxx.6. CHANGES IN MAP. If, in accordance with the provisions of this ordinance, changes are made in district boundaries or other matter portrayed on the Official Zoning Map, such changes shall be made on the Official Zoning Map, and a certified copy of the amending ordinance shall be attached to or kept with the Official Zoning Map and the date thereof. No changes of any nature shall be made in the official zoning map or matter shown thereon except in conformity with the procedures set forth in this ordinance. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this section. The Official Zoning Map shall be reviewed annually by the Department of Community Development for compliance to any amendments made by City Council through the past year. Sec. xxx.7. REPLACEMENT OF MAP. In the event the Official Zoning Map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the City Council may, by ordinance, adopt a new Official Zoning Map which shall supersede the prior Official Zoning Map. The new Official Zoning Map may correct drafting or other errors or omis- sions in the prior Official Zoning Map, but no such correction shall have the effect of amending the original zoning ordinance or any sub- sequent amendment thereof. The new Official Zoning Map shall be identified by the signature of the Mayor attested by the City Clerk, and bearing the seal of the City under the following words: "This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted (date of adoption of map being replaced) as part of Ordinance No. of the City of Ames, Iowa, and as amend- ed by Ordinances numbered Sec. xxx.8. RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES. When uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules apply: (1) Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed to follow such center lines. BOOK PAGE g (2) Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines. (3) Boundaries indicated as approximately following city limits shall be construed as following city limits. (4) Boundaries indicated as following railroad lines shall be con- strued to be midway between the main tracks. (5) Boundaries indicated as following shore lines shall be con- strued as following such shore lines, and in the event of change in the shore line shall be construed as moving with the actual shore line; boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such center lines. (6) Boundaries indicated as parallel to or extension of features indicated in subsections (1) through (5) above shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map. Sec. xxx.9. APPLICATION OF DISTRICT REGULATIONS. The regulations set by this ordinance within each district are minimum regulations and apply uniformly to each class or kind of structure of land, and particularly, except as hereinafter provided: (1) No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered unless in conformity with all of the regu- lations herein specified for the district in which it is located. (2) No building or other structure shall hereafter be erected or altered to exceed the height; to accommodate or house a greater number of families; to occupy a greater percentage of the lot area; or to have narrower or smaller rear yards, front yards, side yards, or other open spaces; then herein re- quired; or in other manner contrary to the provisions of this ordinance. (3) No part of a yard, or other open space, or offstreet parking or loading space required under or in connection with any building for the purpose of complying with this ordinance, shall be included as part of a yard, open space or off-street parking or loading space similarly for any other building. (4) No yard or lot existing at the time of passage of this ordinance shall be reduced in dimension or area below the minimum re- quirements set forth herein. Yards or lots created after the effective date of this ordinance shall meet at least the minimum requirements established by this ordinance. BOOK PAGE a Q9 9 1 s shall be pew-tted on any than two (2) building has been platted (5) Not more or parcel of land until the same no lot, tract, the laws of the State of Ilot formed by the in accordance with Witted on any pieces le building shall be pe or putting together P principle a lot of recordpursuant to a special Process of dividing tnt or parts of Platted lots of recorddoex� nt after notice the Zoning marts of land within two hundred permit issued by owners and occupan, that issuance of the mailed to all ° , hearing, and finding feet of the site, to any adverse effect on cessively parking, or proper- permi.t will not contribute ex traffic and p infrastructure, city services,lal protective conditions may be the locale. Spec d consider the evalua- ty values in d shall call for an 1 staff in making its dosed and the Boar �s rofessiona tion and opinions of the City P decision. on the same in the rear of any principal building except as (6) No building purposes, specifically provided in this ordinance. interior lot shall be pused for residence p may be otherwise al building is placed shall ubhc (7) Any lot upon which a princiP a city street or p on, and be accessible by means of, place. in this ordinance shall prevent the restoration of any (g) Nothing ortion of a building declared unsafe by the wall or other p Chief Building Official- Sec. xxx.10. HOME OCCUPATIONS. districts as described, Within the various zoning compatible. It is the Statement of Intentermitted as they are mutually however, it is not certain uses are p incompatible uses; occupations which intent of this ordinance to restrict income occupations are hereby the intent of this ordinance to eliminate areas.Ce Home oc cup do scarried on may be compatible with re occupation occupation, or profession b a resident or residents thereof) and permitted and defined as business, within a residential dwelling rcteristics shall have the following occupation with 1) external e nameplate of not more than one ( There shall be no external evidence of the e dwelling the exception of one unlighted again th (1) square foot in area attached flat ag window are not Advertising signs or displays through a permitted. odor, fumes, There shall be no emission of smoke, dust, (2) vibration, electrical or electronic disturbance glare, noise, detectable at the lot line• members of the shall employ in the home only (3) The activity of the residents of the dwelling immediate familY BOOK PACE 10 (4) There shall be no continual visits by the general public and there shall not be any activity so as to cause parking and/or traffic problems annoying to the public. (5) There shall be no mechanical equipment used except as is customary for domestic household purposes. (6) The above listed characteristics shall not be construed to restrict rummage sales or the sale of garden produce on the premises, provided this exception shall not extend to allow the operation of a commercial greenhouse or nursery, or the existence of stands or booths for the display of produce grown on the premises. Permit Required. Hane occupations shall be permited as a special exception use under the general use regulations of the zoning district. A special permit therefore must first be obtained by application to the Zoning Board of Adjustment. The Board may grant such permit if it reasonably concludes from the evidence that the home occupation pro- posed will meet the standards set out in the first paragraph of this section. The Board may, if warranted by the evidence, impose, as additional conditions, such measures as may be deemed necessary to protect the legitimate use and enjoyment of neighboring properties. Any failure to obtain such permit when required, or to comply with the standards and conditions aforesiad, when issued, shall constitute a violation of this section and shall further more be grounds for revoca- tion of the said permit, after notice and hearing, by the Zoning Board of Adjustment. Sec. xxx.11. NONCONFORMING USE OF LAND, NONCONFORMING STRUCTURES AND NONCONFORMING USES OF STRUCTURES. Statement of Intent: Within the various districts established by this ordinance or its amendments, there exist structures and uses of land with or without structures which were lawful or vested nonconforming uses prior to the adoption of this ordinance or its amendments, but which would be prohibited, regulated or restricted under the provisions of this ordinance. It is the intent of this ordinance to permit those nonc:on- formities to continue even though they are incompatible with the district in which they are located so long as provisions hereinafter set forth are complied with. It is the general intent of this ordinance to restrict nonconformities so that compatibility of land use and zoning will prevail. (1) Nonconforming Uses of Land. The lawful use of land upon which no building or structure is erected or constructed, which is a vested nonconforming use under this and prior zoning ordinances as adopted or amended, may be continued so long as such use remains otherwise lawful, subject to the following provisions: BOOK PAGE - 11 } a use shall be enlarged, increased or extended to occupy (a) No such nonconforming greater area of land. (b) No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel. (c) No structure or building shall be constructed on or moved onto the land, unless the use is changed to a use permitted in that district. (d) If any such nonconforming use of land ceases for any reason for a period of one (1) year, any subsequent use of such land shall conform to the district regulations for the district in which such land is located. (2) Nonconforming Uses of Structures. If a lawful use or vested nonconforming use of a structure, or of a structure and land aulations,combination, esg lsre at the ethatlwouldtnotf be allowed inadoption or mendment to thregulations, the use may the district under the a rTIIt of otherwise lawful, subject be continued so long to the following provisions: (a) No existing structure devoted entirely or in part to a in the district in this ordinance use not permitted by which it is located, shall be enlarged, extended, recon- structed, moved, or structurally altered, unless the use is changed to a use permitted in the district in which such structure is located; That it is not enlarged or altered in a way which increases the degree or nature of its nonconformity; and, provided that any enlargement or addition shall conform to current zoning regulations. (b) Any vested nonconforming use may be extended through- out any part of a building which was manifestly arranged or design con- No for such such use shall at the extended he time it tobecame nany land forming outside such building; (c) If no structural alterations are made, a vest d ed another forming use of a structure may be nonconforming use of a similar nature or a more rest has tive classification. Whenever a nonconforming usebeen changed to one of a more restrictive classification, or to a conforming use, such use shall not thereafter be changed to one of a less restrictive classification. Any proposed change or addition in usage of a nonconforming Zoning use must first be reviewed by the Planning Commission. Such review shall consider such features as similarities of use, character of use, traffic generation, and other applicable features. A recommendation shall be forwarded to the Zoning Board of Adjustment for OOOK PAGE 12 ' review and determination if the proposed use is of a similar nature or one of a more restrictive classification and approved or disapproved; (3) Nonconforming Structures. Where a vested nonconforming structure is nonconforming by reason of restriction on area, lot coverage, height, yards, or other characteristics of the structure and its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions: (a) That is is not enlarged or altered de prov fed that such in a way which in- creases its nonconformity, a en- largement or addition conforms in all respects to existing zoning regulations. (b) That should it be destroyed by any means to an extent of sixty (60) percent or more of its replacement cost at time of destruction, exclusive of the foundations, it shall not be reconstructed except in conformity be with the pro- visions of this ordinance, provided ted within one (1) year of such happening. (c) Maintenance and Repair to vested Nonconforming Struc- tures. Nothing in this section shall prohibit the main- tenance and repair of vested nonconforming structures to keep such structures in sound and safe condition, pro- vided that no structural enlargement, extension, alte- ration, or change shall be made to increase the degree of nonconformity. Sec. xxx.12. A-1, AGRICULTURAL DISTRICT. Statement of Intent. This district is intended to accommodate areas predominantly agricultural in character or tindeveloped for urban use. (1) Permitted Uses. A building or premises shall be used only for the following purposes: Agricultural pursuits and farm-related activities Plant nurseries including greenhouses Stables Cemeteries Golf courses, except miniature golf courses and driving ranges operated for commercial purposes Country clubs Places of worship Private schools Single-family dwellings BOOK ..164 eAGE 13 - t (2) Bulk Regulations. The following minimum requirements shall be observed: Single-family dwelling - 43,560 (a) Lot Area sq.ft. (excluding rights-of-way) (b) Lot Width Single-family dwelling at street line 35 feet Single-family dwelling at building line 100 feet (c) Front Yard 50 feet minimum (d) Side Yard 20 feet minimum (e) Rear Yard 50 feet minimum (f) Maximum Height 3 stories or 40 feet except farm buildings, communications towers, flagpoles, bell towers, and steeples. (3) Off-Street Parking Requirements. Two per unit required in single family dwellings; and, all other permitted uses as re- quired in Section xxx.40. Sec. xxx. 13. "S-R" SUBURBAN RESIDENTIAL DISTRICT. Statement of Intent. This district is intended to accommodate larger lot development in wooded and varied topographical areas. (1) Permitted Uses. A building or premises shall be used only for the following purposes: Single-family dwellings (2) Bulk Regulations. The following minimum requirements shall be observed: (a) Lot Area Single-family dwellings-20,000 sq.ft. (b) Lot Width Single-family dwellings at street line 35 feet Single-family dwellings at building line 100 feet (c) Front Yard 30 feet minimum (d) Side Yard 20 feet minimum SOOK 160 PAS. R334 14 t (e) Rear. Yard 25 feet minimum (f) Maximum Height 3 stories or 40 feet (3) Off-Street Parking Requirements. Two per unit required in single family dwellings; and, all other permitted uses as re- quired in Sec. xxx.40. Sec. xxx.14. "R1-10"LOW-DENSITY RESIDENTIAL DISTRICT. Statement of Intent. This district is intended to provide for low densi- ty residential areas with single-family dwellings. (1) Permitted Uses. A building or premises shall be used only for the following purposes: Single-family dwellings Places of worship Cemeteries Golf course, except miniature golf courses and driving ranges operated for commercial purposes Country club Private schools having curriculum similar to that offered by public schools (2) Bulk Regulations. The following minimum requirements shall be observed: (a) Lot Area Single-family dwellings - 10,000 sq.ft. (b) Lot Width Single-family dwellings at street line 35 feet Single-family dwellings at building line 60 feet (c) Front Yard 30 feet minimum (d) Side Yard 6 feet for one story 8 feet for two stories 10 feet for three stories 15 feet on street side for corner lot except when additional side yard is re- quired to prevent motor vehicles from parking on the sidewalk. (e) Rear Yard 25 feet minimum (f) Max. Height 3 stories or 40 feet e®oK !L-q—PAGE a 3� � Y (3) Off-Street Parking Requirements. Two per unit required for single family dwellings; and, all other permitted uses as re- quired in Sec. xxx.40. Occupancy of a single dwelling unit or of a structure designed and built as a single family dwelling by more than three adult persons not related by marriage or consanguinity is prohibited and shall constitute a violation of this section. Sec. xxx. 15. 11111-6" LOW-DENSITY RESIDENTIAL DISTRICT. Statement of Intent. This district is intended to provide for low den- sity residential areas with single-family dwellings. (1) Permitted Uses. A building or premises shall be used only for the following purposes: Single-family dwellings Places of worship Cemetery Golf course, except miniature golf courses and driving ranges operated for commercial purposes Country club Private schools having curriculum similar to that offered by public schools (2) Bulk Regulations. The following minimum requirements shall be observed: (a) Lot Area Single-family dwellings-6,000 sq.ft. (b) Lot Width Single-family dwellings at street line - 35 feet Single-family dwellings at building line - 50 feet (c) Front Yard 25 feet minimum (d) Side Yard 6 feet for one story 8 feet for two stories 10 feet for three stories 15 feet on street side for corner lot except when additional side yard is required to prevent motor vehicles from parking on the sidewalk. (e) Rear Yard 20 feet minimum (f) Maximum Height 3 stories or 40 feet BOOK ILL4 PAGE.-- 16 t Y (3) Off-Street Parking Requirements. Two per unit required in all single family dwellings; and, all other permitted uses as required in Sec. xxx.40. Occupancy of a single dwelling unit or of a structure designed and built as a single family dwelling by more than three adult persons not related by marriage or consanguinity is prohibited and shall constitute a violation of this section. Sec. xxx.16. "R-2 LOW-DENSITY RESIDENT AL DISTRICT• This district is established to acccimy)date single and two family dwel- lings and other uses customarily found in existing law-density residen- tial areas. Provided, however, that in developed, built up areas which are subject to these district regulations, no permit shall be issued to convert a single family structure to a two family use, or to construct a two family building on a lot of record that bears another residential structure except by means of a special permit issued by the Zoning Board of Adjustment after mailed notice to corners and occupants of the land within two hundred feet of the site, hearing, and a finding that issuance of the permit will not contribute excessively to any adverse effect on the infrastructure, city services, traffic and parking, or property values in the locale. Special protective conditions may be imposed and the Board shall call for and consider the evaluation and opinions of the city's professional staff in making its decision." (1) Permitted Uses. A building or premises shall be used only for the following purposes: Single-family dwellings Two-family dwellings Cemetery Golf course, except miniature golf courses and driving ranges operated for commercial purposes Country club Places of worship Private schools having curriculum similar to that offered by public schools (2) Bulk Regulations. The following minimum requirements shall be observed: (a) Lot Area Single-family dwellings - 6,000 sq.ft. Two-family dwellings - 7,000 sq. ft. (b) Lot Width Dwellings ellings a street at building 3linee50 feet (c) Front Yard Single-family dwellings-25 feet Two-family dwellings-25 feet BOOK � .-PAGE 17 r i (d) Side Yard 6 feet for one story 8 feet for two stories 10 feet for three stories 15 feet on street side for corner lot except when additional side yard is required to prevent motor vehicles from parking on the sidewalk. (e) Rear Yard 20 feet (f) Maximum Height 3 stories or 40 feet (3) Off-Street Parking Requirements. Two per unit required in all single and two family dwellings; and, all other permitted uses as required in Sec. xxx.40. Occupancy of a single dwelling unit or of a structure designed and built as a single family dwelling by more than three adult persons not related by marriage or consanguinity is prohibited and shall constitute a violation of this section. Sec. xxx. 17. "R2-7" LOW-DENSITY RESIDENTIAL DISTRICT. Statement of Intent. This district is established to accommodate single family dwellings and limited numbers of two-family dwellings as well as other uses customarily found in low-density residential areas such as churches, public and parochial schools, golf courses and parks. The R2-7 district is specifically designed to limit the excessive construction of two-family dwellings not yet developed and subdivided, in the low- density residential area by restricting their number and concentration. (1) Permitted Uses. A building or premises shall be used only for the following purposes: Single-family dwellings Two-family dwellings Cemetery Golf course, except miniature golf courses and driving ranges operated for commercial purposes Country club Places of worship Private schools having curriculum similar to that offered by public schools (2) Bulk Regulations. The following minimum requirements shall be observed. (a) Lot Area Single-family dwellings-6,000 sq.ft. Two-family dwellings-7,000 sq.ft. BOOK 1(0 4PGE a -- 18 (b) Lot Width Dwellings at street line-35 feet Dwellings at building line-50 feet (c) Front Yard Single-family dwellings-25 feet Two-family dwellings-25 feet (d) Side Yard 6 feet for one story 8 feet for two stories 10 feet for three stories 15 feet on street side for corner lot except when additional side yard is required to prevent motor vehicles from parking on the sidewalk. (e) Rear Yard 20 feet minimum (f) Maximum Height 3 stories or 40 feet (3) Off-Street Parking Requirements. Two per unit required in all single and two family dwellings; and all other permitted uses as required in Sec. xxx.40. (4) For residential subdivisions to be platted on land subject to the regulations of this section two-family dwellings will be permitted at a maximum ratio of one (1) two-family dwelling lot to each four (4) single family lots. Numbers and location shall be determined at the time the particular subdivision is platted. Occupancy of a single dwelling unit or of a structure designed and built as a single family dwelling by more than three adult persons not related by marriage or consanguinity is prohibited and shall constitute a violation of this section. Sec. xxx.18. "R-3" MEDIUM-DENSITY RESIDENTIAL DISTRICT. Statement of Intent. It is the intent of this district to accommodate medium-density development in suburban areas and to serve as a transi- tion from high-density development to low-density residential areas. (1) Permitted Uses. A building or premises shall be used only for the following purposes: Single-family dwellings Two-family dwellings Multiple-family dwellings Boarding and lodging houses Funeral homes and mortuaries Nursing and convalescent homes Places of worship Private schools having curriculum similar to that offered by public schools Retirement and homes for the elderly 8O0K PAGE. 19 (2) Bulk Regulations. The following minimum requirements shall be observed: (a) Lot Area Single-family dwellings-6,000 sq.ft. Two-family dwellings-7,000 sq.ft. For each unit over two, an additional 1,800 sq.ft minimum (b) Lot Width 35 feet minimum at street line 50 feet minimum at building line (c) Front Yard 25 feet minimum (d) Side Yard 6 feet for one story 8 feet for two story 10 feet for three stories 20 feet for four stories 20 feet on street side for corner lot (e) Rear Yard 25 feet minimum (f) Max.Height 4 stories or 50 feet (3) off-Street Parking Requirements. 1.5 per unit required in one bedroom units and 2 per unit required in all other dwel- ling units; and, all other permitted uses as required in Sec. xxx.40. (4) A Special Site Plan is required. See Sec. xxx.49. occupancy of a single duelling unit or of a structure designed and built as a single family dwelling by more than three adult persons not related by marriage or consanguinity is prohibited and shall constitute a violation of this section, except that four unrelated adults may occupy a dwelling unit if three off-street parking spaces are provided. Sec. xxx. 19. "R-4" HIGH-DENSITY RESIDENTIAL DISTRICT. Statement of Intent. It is the intent of this district to accommodate high-density residential development adjacent to Concentrated Commer- cial Districts. (1) Permitted Uses. A building or premises shall be used only for the following purposes: Single-family dwelling Two-family dwellings Multiple-family dwellings Boarding and lodging houses Clubs or lodges Fraternities or sororities Funeral homes and mortuaries �0®K 1 FAGS . F 20 r Nursing and convalescent homes Places of worship Private schools having curriculum similar to that offered by public schools Retirement and homes for the elderly (2) Bulk Regulations. The following minimum requirements shall be observed: (a) Lot Area Single-family dwellings-6,000 sq.ft. Two-family dwellings-7,000 sq.ft. For each unit over two, an additional 1,000 sq.ft. minimum (b) Lot Width 35 feet minimum at street line 50 feet minimum at building line (c) Front Yard 25 feet minimum (d) Side Yard 6 feet for one story 8 feet for two stories 10 feet for three stories 12 feet for four stories 4 additional feet for each additional story 20 feet on street side for corner lot (e) Rear Yard 25 feet minimum (f) Max.Height 9 stories or 100 feet (3) Off-Street Parking Requirements. 1 .5 per unit required in all one bedroom units and 2 per unit required in all other dwelling units; and, all other permitted uses as required in Sec. xxx.40. (4) A Special Site Plan is required. See Sec. xxx.49. Occupancy of a single dwelling unit of a structure designed and built as a single family dwelling by more than three adult persons not related by marriage or consanguinity is prohibited and shall constitute a viola- tion of this section, except that four unrelated adults may occupy dwelling unit if three off-street parking spaces are provided, and five unrelated adults may occupy a dwelling unit if four off-street parking spaces are provided. Sec. xxx.20. USES IN "R-5" (MOBILE HOME PARKS) ;PLAN. The regulations set forth in this section, or set forth in this ordinance when referred to in this section, are the regulations in the "R-5" District. This district is established to accommodate mobile home parks where such use will be compatible with existing and indicated future development as shown on the city's comprehensive plan. A building or premises shall be used only for the following purposes: BOOK _PAGE,r,21.... 21 ' T � 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. (1) Statement of policy. Since mobile home parks have a special residential character of their own and may have a significant effect upon the comprehensive plan for the ent development and tabli f the city, particularly with regard to planning of the sanitary and storm sewer lines, water lines, streets, traffic flow and other safety and health considerations, it is in the public interest that guidance over their planning be exercised by the city council with the assistance of the city plan commission. It is the policy of the City of Ames that mobile homes are a permitted use only in the R-5 district. The use and occupancy of mobile homes or travel trailers is not a permitted land use in any district other than the R-5 district, except for sales lots .established in districts where such use is permitted, and for temporary use at construction sites as a contractors site office. (2) Requirements of the plan. The owner or owners of a tract of submit to land which comprises five (5) or more acres, may the city council a plan of use, development h req uirements f such tract for the purpose of and meeting t set forth in this ordinance. (3) Designated review and procedure. The proposed plan and request for rezoning shall be referred to the city plan com- mission for study, report and public hearing. The plan commission shall review the plan for conformity with the comprehensive plan, with recognized principles of civic de- sign, land use, planning, landscape architecture and confor- mance with the requirements established in this section. The commission may approve the plan as submitted or, approval, may require that the applicant modify, alter, ad- just, or amend the plan as the commission deems necessary to preserve the intent and purpose of this ordinance to promote public health, safety and general welfare. The proposed plan and request as approved by the commission shall then be n and action. reported to the city council for f the city plan commission The approval and recommendations of the g the reasons and shall be accompanied by a report stating basis for approval of the plan and request. The city council may, after notice of public hearing on the request for rezon- ing, approve or disapprove the plan and request or may require such changes thereto as it deems necessary to effect the intent and purpose of this ordinance. (4) Permits. In any areas zoned "R-5" District, the provisions of this ordinance relating to zoning- permits shall apply. In the event of any variation in the site plan, as approved by the city council, the zoning enforcement officer shall deny the BW_K- pAGE QL4a 22 permit. In such event the applicant may revise or amend the plan and resubmit the same to the city council for approval as an original plan. Occupancy of a single dwelling unit or of a structure designed and built as a single family dwelling by more than three adult persons not related by marriage or consanguinity is prohibited and shall constitute a violation of this section. Sec. xxx.21. "H-M" HOSPITAL-MEDICAL DISTRICT. Statement of Intent. This district is established to accommodate com- mercial and professional uses directly associated with medical and dental treatment of human ailments. (1) Permitted Uses. A building or premises shall be used only for the following purposes: Apothecary shop Retail sale of medical, dental and related supplies Doctor's or dentist's office Hospital for treatment of humans Laboratories--Medical and dental Medical clinic Nursing home and convalescent home Retirement and home for the elderly One-family dwelling Two-family dwelling Multiple-family dwelling Boarding and lodging house Private parking facilities (2) Bulk Regulations. The following minimum requirements shall be observed: (a) Lot Area Single-family dwelling-6,000 sq.ft. Two-family dwelling-7,000 sq.ft. For each unit over two, an additional 1,800 sq. ft. minimum (b) Lot Width 35 feet minimum at street line 50 feet minimum at building line (c) Front Yard Residential uses - 25 feet minimum All other permitted uses-15 feet minimum (d) Side Yard 6 feet for one story 8 feet for two stories 10 feet for three stories 12 feet for four stories 4 additional feet for each additional story 20 feet on street side for corner lot 8Q©K. 1.-64- PAGE LLI 3 < T f (e) Rear Yard 25 feet minimum (f) Max.Height Residential uses - 4 stories or 50 feet All other permitted uses - 9 stories or 100 feet (3) Off-Street Parking Requirements. Two per unit in all single, two family and multi family dwellings; and, all other permitted uses as required in Sec. xxx.40. (4) A Special Site Plan is required. See Sec. xxx.49. Occupancy of a single dwelling unit or of a structure designed and built as a single family dwelling by more than three adult persons not related by marriage or consanguinity is prohibited and shall constitute a violation of this section. Sec. xxx.22. "G-C" GENERAL COIDIERCIAL DISTRICT . Statement of Intent. This district is intended to accommodate the wide range of retail commercial services and products, wholesaling and ware- housing. (1) Permitted Uses. A building or premises shall be used only for the following purposes: All uses involving retailing, commercial services and products to the general public, wholesaling and warehousing. Multiple- family dwellings containing six (6) or more units. An apart- ment provided in conjunction with any store or shop (2) Bulk Regulations. The following minimum requirements shall be observed: (a) Lot Area Multiple-family dwellings-11,000 sq.ft. minimum for a six-unit multiple-family dwelling 1,000 sq.ft. additional minimum for each unit over six. All other permitted uses - no minimum lot area (b) Lot Width Multiple-family dwellings-50 feet All other permitted uses-no minimum lot width (c) Front Yard Multiple-family dwellings-25 feet All other permitted uses-10 feet 40 feet if abutting an arterial street (d) Side Yard Multiple-family dwellings - 6 feet for one story 8 feet for two stories 24 . T r 10 feet for three stories 12 feet for four stories 20 feet on street side for corner lot All other permitted uses - 10 feet minimum 40 feet if abutting an arterial street 25 feet if abutting a residential district (e) Rear Yard Multiple-family dwellings-25 feet minimum All other permitted uses - 10 feet minimum 25 feet if abutting a residential district (f) Max.Height 9 stories or 100 feet (3) Off-Street Parking Requirements. 1.5 per unit required in all one bedroom units and 2 required in all other dwelling units; and, all other permitted uses as required in Sec. xxx.40. Occupancy of a single dwelling unit or of a structure designed and built as a single family dwelling by more than three adult persons not related by marriage or consanguinity is prohibited and shall constitute a violation of this section, except that four unrelated adults may occupy a dwelling unit if three off-street parking spaces are provided, and five unrelated adults may occupy a dwelling unit if four off-street parking spaces are provided. Sec. xxx.23. "C-C" CONCENTRATED COMMERCIAL DISTRICT. Statement of Intent. This district is intended to accommodate the Central Business District and Campustown Business District and provide for all retailing, services, business and other facilities appropriate to commercial centers. This district differs from the G-C, General Com- mercial District, in that no parking or setbacks are required (except for multiplefamily dwellings) thereby creating and maintaining a concen- trated commercial center. (1) Permitted Uses. A building or premises shall be used only for the following purposes: All uses, involving retailing, commercial services and pro- ducts to the general public, Wholesaling and warehousing only in connection with retail and service businesses. Multiple- family dwellings containing six (6) or more units. Apartment provided in connection with any store or shop (2) Bulk Regulations. The following minimum requirements shall be observed: 9K PAGE 25 . (a) Lot Area Multiple-family dwellings-11,000 sq.ft. minimum for a six-unit multiple-family dwelling; 1,000 sq. ft. additional for each unit over six All other permitted uses - no minimum requirements (b) Lot Width Multiple-family dwellings - 50 feet All other permitted uses-no minimum requirements (c) Front Yard Multiple-family dwellings-25 feet All other permitted uses-no minimum requirements (d) Side Yard Multiple-family dwellings - 6 feet for one story 8 feet for two stories 10 feet for three stories 12 feet for four stories 4 additional feet for each additional story 20 feet on street side for corner lot All other permitted uses-no minimum require- ments (e) Rear Yard Multiple-family dwellings - 25 feet All other permitted uses-no minimum requirements (f) Max.Height 9 stories or 100 feet (3) Off-Street Parking Requirements. Two per unit required in all multiple family structures. Occupancy of a single dwelling unit or of a structure designed and built as a single family dwelling by more than three adult persons not related by marriage or consanguinity is prohibited and shall constitute a violation of this section, except that four unrelated adults may occupy a dwelling unit if three off-street parking spaces are provided, and five unrelated adults may occupy a dwelling unit if four off-street parking spaces are provided. Sec. xxx.24. "P-C" PLANNED COMMERCIAL. The regulations contained in this section or set forth in this ordinance as relating to this section are the regulations in the P-C District. (1) Purpose. The P-C District is intended for application to areas of special sensitivity to detrimental public and environ- mental impact by new land use so as to: BOOK Pk 26 (a) Accommodate the fully planned and systematic develop- ment of relatively large tracts of previously undeveloped land for commercial uses when such tract is adjacent to developed residential areas. (b) To regulate 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. (2) Use regulations. The following regulations and procedures shall apply to the uses made of land in a P-C District: (a) As a general rule, the following uses shall be permitted: Apothecary shop Barbershop Beauty shop Business office Dwelling 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. If the application of P-C 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 used made to the planning and zoning commission, said use is not proscribed as provided in subpart (b) below. (b) 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 P-C 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 support- ing evidence and reasoning. Thereafter, the city coun- cil 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 27 � r affected land. No zoning permit shall be issued for a use within the scope of such list of impermissible uses. (3) Planning requirements. No building permit will be issued in the P-C 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. A plan for land use shall include: (a) A certified topographic survey indicating: Legal descrip- tion; existing contours; existing utilities; and natural and man-made features. The objectives of the topogra- phic survey are: (i) To provide a clear and accurate representation of the subject property in its existing state. (ii) To assess the nature and extent of the impacts of the development on the land, and on surrounding land and land uses. (iii) To provide an accurate legal description of the subject property for administrative purposes. The topographic survey shall be prepared at a minimum scale of one inch= one hundred (100) feet and all eleva- tions shall be based on City of Ames datum. The con- tour intervals shall be two (2) feet except in cases of excessive slope where the interval may be five (5) feet. Topographic and utility information is available in the office of the Ames department of public works. (b) A site plan indicating: Area to be developed for build- ings, parking, and landscaping; pedestrian and vehicu- lar circulation; finished topography; points of ingress and egress; location of all existing and proposed utilities (sanitary sewer, water system, storm sewer, gas, tele- phone, and electrical power; location, size and charac- teristics of identification and advertising signs; lighting layout, appurtenances, and intensity of illumination; elevation of buildings and structures. The objectives of the site plan are: (i) To reduce adverse effects upon the subject proper- ty and adjacent and nearby property. (ii) To control storm water runoff. (iii) To control soil erosion. BOOK PAGE. A, (iv) To screen unsightly situations, undesirable views, and incompatible land uses. (v) To buffer noise and other disturbing sounds. (vi) To promote public safety and adequate circulation. (vii) To provide adequate utility service. (viii)To provide adequate fire protection. A statement of intent shall be included with the site plan to explain the methods used to implement the above objectives through the planning of the site and the location and design of structures. The site plan shall be prepared at a minimum scale of one inch = one hundred (100) feet and all elevations shall be based on City of Ames datum. Existii-,g topo- graphic contours shall be shown as solid lines and pro- posed contours shall be shown as dashed lines . Cross- sections shall indicate elevations of all d ap-lne opdse struc- tures and relationship to existing elevations. (c) A landscape plan indicating: Location, size, materials -and descrip- tion of all proposed and existing p plant is -e existing to plant materials to be removed; existing p ,ark- be retained; areas to be developed for buildin g_s , r ing, streets, and landscaping. The objecti�Jes of the landscape plan are: (i) To reduce adverse effects upon the subject proper- ty and adjacent and nearby property. (ii) To screen unsightly situations, uncle,ir�:_ble views and incompatible land uses. (iii) To buffer noise and other disturbing so, nds . (iv) To provide for shade, protection from the ele- ments, and the comfort and convenience of people. A statement of intent shall be included with the land- scape plan to explain the methods used to implement the above objectives through the provision of plant materials and other suitable structures and features. The landscape plan shall be drawn to a minimur.-i scale of one inch = one hundred (100) feet and shoal _identify existing plant materials to be removed, e-xistir.g plant materials to be retained, and proposed plant materials. 29 . Variety, size, and quantity shall be included in a sche- dule of plant materials to be included on the landscape plan. Because some plant materialss are at alsoo1ebe listed unavail- able, alternative pan Minimum standards for plant materials. (a) All plant materials shall be of a hardiness suitable to the Ames climate. (b) Trees--Trees measured by height shall be a minim-LIM of 6 feet in height from ground when planted (ornamental) . Trees measured by trunk diameter shall be a minimum of 11i inch caliper (shade trees) . Plant materials used for screening purposes shall provide (c) effective screening by the third growing season. (d) p, financial report indicating: Evidence of financial resources to assure satisfactory >°f the escrow posed development, including bond o guarantee satisfactory performance of the provisions of the site and landscape plans in a sum established by the city manager. All information shall be submitted to the department of com- munity development. osed plan as required in subpart (4) Review procedure. The Pro p the cit council to the planning (3) above will be referred by investigation and report of and zoning commission for study, recommendations. The recommendations of the planning and zoning commission will be made in writing to the city council and will include which its recommendation statement of the las basedssumptions an reasoning on area zoned P-C District, the provisions of (5) Permits. any apply, except is shall a 1 p this ordinance relating to zoning pe thin eighteen (�8) that construction shall be n righ In the months after the issuance of the building rm t. the city event of any departure of the Plan as approved council, the zoning enforc�nt officer shall deny the permit. Exceptions to the approved plan nay be granted by the zoning Board of Adjustment only to allow minor departures from the plan when needed to obviate��� of develop�nerit, ical difficulties encountered during provided: ce tion is not inconsistent with the premises, Such exce ption royal of the plan was reasoning and policy on which app based. 600K 1 PAGE 30 ' (b) 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 excep- tion 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 amend- ment or revision of the plan may be effected only by proceed- ing in the same manner as for an initial plan. occupancy of a single dwelling unit or of a structure designed and built as a single family dwelling by more than three adult persons not related by marriage or consanguinity is prohibited and shall constitute a violation of this section, except that four unrelated adults may occupy a dwelling unit if three off-street parking spaces are provided, and five unrelated adults may occupy a dwelling unit if four off-street parking spaces are provided. "Sec. xxx.25. GENERAL INDUSTRIAL DISTRICT (G-I) . Statement of Intent. It is the intent of this district to accommodate any industrial use which can satisfy the planning requirements of this district. The purpose of this district is to provide a limited develop- ment review procedure involving a developer/staff coordinated effort to satisfy the planning requirements of this district. This district will be applicable to those areas where there is a need to provide a desirable industrial environment where minimal development conflicts exist. (1) Permitted Uses. A building or premises shall be used for the following purposes: Industrial, laboratory, manufacturing, warehousing, fabricat- ing, institutional, and commercial facilities excluding shopping centers. (2) Bulk Regulations. The following minimum requirements shall be observed: (a) Lot Area No minimum requirements (b) Lot Width No minimum requirements (c) Front Yard 10 feet minimum 40 feet if abutting an arterial street (d) Side Yard 12 feet minimum 40 feet if butting an arterial street BOOK PAGE -0. 31 (e) Rear Yard 12 feet minimum 40 feet if butting an arterial street (f) Maximum Height 9 stories or 100 feet (3) Application for Zoning Permit. Whenever any person proposes to develop/redevelop any tract or parcel of land in the Ge- neral Industrial District, he shall submit to the City Manager a request for site plan approval. Within fifteen (15) days after submittal, the City Manager shall approve, approve with modification or deny the request. Upon approval or approval with modification, a building permit may be issued. Upon denial, appeal may be made to the Zoning Board of Adjust- ment. The City Manager and City planning staff will assist the applicant with the preparation of the application which will set out the following information: (a) A site plan indicating: Areas to be developed for buildings, parking and land- scaping; pedestrian and vehicular circulation; finished topography; points of ingress and egress; location of all existing and proposed utilities (sanitary sewer, water system, storm sewer, gas, telephone, and electrical power); and elevations of buildings and structures. Proposed signs shall conform to any city ordinance provisions which pertain to signs. The objectives of the site plan requirements are: (i) to reduce adverse effects upon the subject property and adjacent and nearby property. (ii) to control storm water runoff. (iii) to control soil erosion. (iv) to control air pollution. (v) to screen unsightly situations, undesirable views, and incompatible land uses. (vi) to buffer noise and other disturbing sounds. (vii) to promote public safety and adequate circulation. (viii) to provide adequate utility service. (ix) to provide adequate fire protection. K I I I PAGE52� 32 ' (b) Use Analysis. A use analysis report shall be prepared by the applicant and shall include, for evaluation by the staff,the follow- ing: (i) approximate number of employees. (ii) approximate utility needs and effect upon existing systems, e.g. : Water service, Sanitary sewer service, Electri- city, Storm sewer, Solid Waste Disposal (iii) possible nuisance factors and means for alleviating those factors, that is: Noise, Odor, Smoke, dust or fumes, Vibration, Heat, Other (4) Standard for Decision. No building/zoning permit will be issued for any use in the "G-I" District if the determination is made by the City Manager, exercising independent judg- ment, that there is reason to believe that the proposed use or structure, as presented by the application will create a nui- sance in terms of diminshed air quality, smoke, noise, toxic matter, odor, vibration, glare, sewage waste, heat or other condition detrimental to the public health and safety or rea- sonable use, enjoyment and value of other properties; or, diminish the quality or quantity of any utility service present- ly provided by the City of Ames. Furthermore, no building/ zoning permit shall be issued unless all other applicable city, state and federal regulations are complied with and all permits required by the Iowa Department of Environmental Quality are obtained. (5) Violation. A structure or activity undertaken without a per- mit issued pursuant to this section; or, in conflict with the information and representations set out in the site plan or on the use analysis required as a part of the application for such permit, shall constitute a violation of this section for which any and all lawful enforcement means and proceedings may be invoked and instituted." Sec. xxx.26. PLANNED INDUSTRIAL DISTRICT (P-I). Statement of Intent. It is the intent of this district to accommodate any industrial use which can satisfy the planning requirements of this district. The purpose of this district is to provide a development review procedure involving the Planning & Zoning Commission and the City Council in acceptance or rejection of a proposed development plan. This district will be applied to those areas where there is a need to provide a desirable industrial environment but where existing and future land use patterns may result in development conflicts with adja- cent uses. 600K 33 (1) Permitted Uses. A building or premises shall be used only for the following purposes: Industrial, laboratory, manufacturing, warehousing, fabricat- ing, institutional, and commercial uses, excluding shopping centers. (2) Planning Requirements. No building/zoning permit will be issued in the "P-I" District until a plan for the use and de- velopment of the land has been approved by the City Council after review by the Planning & Zoning Commission. A plan for land use shall include: (a) A certified topographic survey showing: Legal description; existing contours; existing utilities; and natural and manmade features. The objectives of the topographic survey are: (i) to provide a clear and accurate representation of the subject property in its existing state. (ii) to assess the nature and extent of the impacts of the development on the land, and on surrounding land and land uses. (iii) to provide an accurate legal description of the sub- ject property for administrative purposes. The topographic survey shall be prepared at a mini- mum scale of 1" = 100' and all elevations shall be based on City of Ames datum. The contour intervals shall be 2' except in cases of excessive slope where the interval may be 5' . Topographic and utility information is avail- able in the office of the Ames Department of Public Works. (b) A site plan showing: Areas to be developed for buildings, parking, and landscaping; pedestrian and vehicular circulation; finish- ed topography; points of ingress and egress; location of all existing and proposed utilities (sanitary settler, water system, storm sewer, gas, telephone, and electrical pow- er); and elevations of buildings and structures. The objectives of the site plan are: (i) to reduce adverse effects upon the subject property and adjacent and nearby property. B( oK I L4-- PAGE 34 ' r (ii) to control storm water runoff. (iii) to control soil erosion. (iv) to control air pollution. (v) to screen unsightly situations, undesirable views, and incompatible land uses. (vi) to buffer noise and other disturbing sounds. (vii) to promote public safety and adequate traffic circu- lation. (viii)to provide adequate utility service. (ix) to provide adequate fire protection. A statement of intent shall be included with the site plan to ex- plain the methods used to implement the above objectives through the planning of the site and the location and design of structures. The site plan shall be prepared at a minimum scale of 1" = 100' and all elevations shall be based on City of Ames datum. Existing topographic contours shall be shown as solid lines and proposed contours shall be shown as dashed lines. Cross-sections shall indi- cate elevations of all man-made structures and relationship to existing and proposed site eleva- tions. (c) A landscape plan showing: Location, size, and description of all proposed and exist- ing plant materials; existing plant materials to be remov- ed; existing plant materials to be retained; areas to be developed for buildings, parking, streets, and landscap- ing. Because some plant materials are at times unavail- able, alternative plant materials should also be listed. The landscape plan shall be drawn to a minimum scale of 1" =100'. The objectives of the landscape plan are: (i) to reduce adverse effects upon the subject property and adjacent and nearby property. (ii) to screen unsightly situations, undesirable views and incompatible land uses. (iii) to buffer noise and other disturbing sounds. BOOK 1 _PAGE� 35 r , (iv) to provide for shade, protection from elements, and the comfort and convenience of people. A Statement of Intent shall be included with the land- scape plan to explain the methods used to implement the above objectives through the provision of plant materials and other suitable structures and features. Minimum standards for plant materials: (i) hardiness suitable to the Ames climate and shall be monitored for a period of three growing seasons to insure normal growth. All dead materials shall be replaced within this time period. (ii) Trees - Trees measured by height shall be a minimum of 6 feet in height from ground when planted. (ornamen- tal) Trees measured by trunk diameter shall be a minimum of 12 inch caliper. (shade trees) (d) Use Analysis. A use analysis report shall be prepared which includes the following: (i) approximate number of employees. (ii) approximate utility needs and effect upon infrastruc- ture. Water service, Sanitary sewer service, Electricity, Storm sewer, Solid waste disposal (iii) possible nuisance factors and means for alleviating those factors. Noise, Odor, Smoke, dust or fumes, Vibration, Heat, Other (e) A financial report indicating: Evidence of financial resources to assure satisfactory completion of the proposed development, including bond or cash escrow to guarantee satisfactory performance of the provisions of the site and landscape plan in a sum established by the City Manager. (3) Application and Review Procedure. An application for appro- val of a plan for use and development of the land shall be made to the Ames City Council by filing such application in WOK PAGE Q56. 36 ' writing in the office of the City Clerk. Thereafter the City Council may refer the matter to the Planning and Zoning Commission for study, investigation and report of recommen- dation. 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. Thereafter the City Council shall either approve or deny approval of the plan, and shall make a record of the evidence, findings and conclusions on which its decision is based. Changes in an approved plan may be made only if approved pursuant to the same application and review process as established for appro- val of an initial plan. (4) Standard For Decision. The plan shall be approved if, in the judgment of the City Council, it will meet the objectives of the site plan and the objectives of the landscape plan as stated in subsection "6" above. Furthermore, no building/ zoning permit shall be issued unless all other applicable city, state and federal regulations are complied with and all permits required by the Iowa Department of Environmental Quality are obtained. (5) Violation. A structure or activity undertaken without a permit issued after approval of a plan by the City Council pursuant to the provisions of this section, or the undertaking of a structure or activity not shown or expressed in the plan, or in conflict with the plan, shall constitute a violation of this section for which any and all lawful enforcement means and proceedings may be invoked and instituted. Sec. xxx.27. FENCES AND WALLS. In any "A-1", "S-R", "111-10", "111-6", "R-21t, "R2-711, "R-3" , R-4", or "H-M" District, fences and walls not exceeding six (6) feet in height are permitted within the limits of side and rear yards. A fence or wall not exceeding four (4) feet in height is permitted within the limits of the front yard. In the case of retaining walls, supporting embank- ments, the above requirements shall apply only to that part of the wall above ground surface of the retained embankment. In all other dis- tricts, fences and walls are permitted not exceeding eight (8) feet in height within the limits of any yard. Sec. xxx.28. VISIBILITY AT INTERSECTIONS. On any corner lot in any "A-1" , "S-R", "R1-10", "Rl-611, "R-211, "R2-711, "R-3" "R-4" or "H-M" District no fence wall or other structure shall be erected, or no foliage plant is permitted to grow to a height of more than three (3) feet above the elevation of the established curb grade at the intersection of the streets on the part of any yard which is bounded by the street lines of the intersecting streets and a line BOOK � � PAGE 2 37 connecting two (2) points on said street lines twenty (20) feet from their point of intersection. Sec. xxx.29. REQUIREMENTS FOR PRIVATE GARAGES AND ACCESSORY BUILDINGS. In any "A-1", "S-R", "111-10", "R1-611, "R-211, R2-711, "R-3", "R-411, or "H-M" District, the following requirements apply to detached garages and accessory buildings: (1) A private garage is permitted in the side or rear yard on the same lot with a dwelling either as a separate building, or in a separate room within, or attached to the dwelling, except as hereinafter provided. In any "A-1", "S-R", "R1-10" , "R1-6", 1111-2", or "R2-7" District, the number of spaces for motor vehicles shall be no greater than two (2) more than the number of dwelling units permitted on the premises. (2) Each detached private garage or accessory building shall be not less than three (3) feet from a party lot or alley line, ex- cept that when any part of such accessory building is within fifty (50) feet of any street or public place upon which the lot abuts, such building shall be not less than six (6) feet from any lot line which serves as the front portion of a side lot line to any adjoining property. (3) No detached garage or accessory building is permitted within the limits of the front yard. (4) A detached garage may be erected across a common lot line by mutual agreement of the adjoining property owners. (5) Accessory buildings within a rear yard may not occupy more than one-half (k)of such area. (6) When wholly or partially within the limits of any side yard, a detached garage or accessory building is considered a part of the principal building on the same lot and shall conform to all yard and space requirements specified herein for principal buildings. In the event of a rear yard detached garage, such construction is permitted if the addition to the house is 20 or more feet distant from the proposed garage. (7) No detached garage or accessory building shall contain living quarters. Sec. xxx1030. FRONT YARD VARIATIONS. In "S-R", "111-10", "111-611, 1111-21 , and "R2-7" Districts, the required front yard depth for a principal building located on a lot within seventy (70) feet measured along the street line from the nearest corner of the BOdK _.�—PAGE 38 ' lot under consideration, to any portion of two (2) or more lots in the same block and which lots are occupied by dwellings which front on the same street as the proposed principal dwellings shall be the average of the front yard depth of such existing dwellings. In computing such front yard depth, existing buildings with front yard depths greater than fifty (50) feet shall be assumed to have a front yard depth of fifty (50) feet and a building with a front yard depth of less than thirty (30) feet shall be assumed to have a depth of thirty (30) feet. Sec. xxx.31. FRONT YARDS FOR THROUGH LOTS. On through lots, the required front yard shall be provided on both streets. Sec. xxx.32. PORCHES PROJECTING INTO FRONT YARDS. An open porch may project in the required front yard for a distance of not more than eight (8) feet; the required side yard for a distance not more than three (3) feet; and the required rear yard for a distance not more than eight (8) feet. Sec. xxx.33. REAR YARDS ABUTTING ON ALLEYS. When a lot abuts on an alley, one-half (k) of the alley width may be considered as part of the rear yard. Sec. xxx.34. STAIRWAYS, FIRE ESCAPES, CHIMNEYS, ETC. , PRO- JECTING INTO REAR YARDS. Open or lattice-enclosed fire escapes, outside stairways and balconies opening upon fire towers, and the ordinary projections of chimneys and flues into a rear yard may be permitted for a distance not to exceed five (5) feet when these are so placed as not to obstruct light and ventilation. Sec. xxx.35. MULTIPLE BUILDINGS ON SINGLE LOTS. More than one principal building may be erected upon a lot in the case of commercial or industrial buildings or of multiple dwellings, hospitals, institutions and public buildings, where such uses are permitted, pro- vided that all yards otherwise required on the lot for a single building are observed. All area and setback requirements for multiple dwellings shall be calculated as if each structure was on its own individual lot. More than one single family or two family residential structure on the same platted lot is prohibited. Sec. xxx.36. WIDTH AND YARD REQUIREMENTS FOR LOTS PREVIOUS- LY OF RECORD. Where a lot of record at the time of the effective date of this ordinance has less width than herein required in the district in which it is located and the owner of such lot does not own any other parcel or tract SW K II�. PAGE 39 tangent thereto, said lot may nonetheless be used for a single-family dwelling or for any non-dwelling use permitted in the district in which it is located, providing that all yard requirements are met. Sec. xxx.37. HEIGHT NEAR AIRPORTS. No building exceeding two (2) stories or thirty (30) feet shall be erect- ed within seven hundred fifty (750) feet of any airport, landing field, or landing strip. Sec. xxx.38. AREA REQUIREMENTS FOR LOTS OF RECORD. Where a platted lot of record at the time of the effective date of this ordinance has less area than herein required in the district in which it is located, and the owner of such lot does not own any other parcel or tract adjacent thereto, said lot may nonetheless be used for a one-family in the district in which dwelling or for any non-dwelling use permitted it is located. Sec. xxx.39. REDUCING SIZE OF LOTS IN NEW SUBDIVISIONS. The area of lots in new developments in "S-R", "R1-10" , "R1-6", R-2" , or "R2-7" Districts may be reduced in conformance with the following requirements, and when subdivisions gPirements roved sof this ordinancherein e the lots shall be deemed to (1) The maximum number of lots that can be created by a subdi- vision for residential purposes within a residential districto percent districts shall be computed by subtracting fifteen(15 o) of the total area being divided and dividing the remain- ing area by the minimum lot area requirement of the district or districts within which the new subdivision is located. This method shall apply regardless of the amount of land actually required for street right-of-way and regardless of the amount of land, if any, to be set aside for common use. (2) Common land for open space or recreation use within any subdivision which can accommodate a minimum of twenty-five ners of (25) or more lots may be set aside for use by the residential lots; or some of the lot sizes in the subdivision be reduced below the normal requirements of the district, so that other lots can be enlarged; but the maximum number of lots to be created shall be determined as set out in (1) above, and the area of any lot of the is districauced shallbnotnbethe less �han mal minimum requirements the following special minimum standards: Normal Minimum Special Minimum Lot Area Lot Area District 15,000 sq. ft. S-R" 20,000 sq. ft. " "S-R 10,000 sq. ft. 7,500 sq. ft. Rl-, -7" 6,000 sq. ft. 5,000 sq. ft. R-2", „R1-6", "R2 BOOK F AGES_ 40 (3) The location, extent and purpose of common land proposed to be set aside for open space or recreation use within any sub- division must be reviewed by the City Planning Commission before the provision of (2) above shall apply. A private recreation use, such as a golf course or swimming pool, which is reserved to occupants or owners 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, lowland along streams, or areas of rough terrain may also be included when such areas are extensive, continuous and have natural features worth preserving. (4) The dedication of common land may be considered by the City for open space or recreation purposes. (5) All of the above exceptions are subject to the approval of the City Council after being reviewed by the City Planning and Zoning Commission. The City Planning and Zoning Commission shall consider the topography, tree cover and other natural features of the site, as well as the standards of this ordinance, the subdivision ordinance, and recognized principles of land- scape architecture and land use planning. Sec. xxx.40. OFF-STREET PARKING REQUIRED. In all districts there shall be provided at the time any building is erected or structurally altered (except as otherwise provided in this ordinance), off-street parking spaces in accordance with the following requirements: (1) Dwellings: One and two-family dwellings, two parking spaces for each dwelling unit; multiple-dwellings, 1.5 for one bed- room units, two parking spaces for each dwelling unit for all others. (2) Rooming, lodging or boarding house: One parking space for each sleeping room. (3) Fraternity or sorority: One parking space per each 300 square feet of floor space. (4) Private club or lodge including golf clubs: One parking space per each 200 square feet of floor area. (5) Church or temple: One parking space for each eight (8) spaces in the main auditorium. (6) School (except high school or colleges): One parking space for each ten (10) seats in the auditorium or main assembly room, or one space for each classroom, whichever is greater. WOK 1 (0 PAGE (7) Community center, library, museum or art gallery: Ten (10) parking spaces plus one additional space for each three hundred (300) spare feet of floor area in excess of two thou- sand (2,000) square feet. (8) Hospital: One parking space for each four (4) beds plus one for each two (2) employees. (9) Sanitarium, convalescent home, home for the aged or similar institution: One parking space for each six (6) beds. (10) Theater or auditorium (except school): One parking space for each five (5) seats or bench seating spaces. (11) Sports arena, stadium or gymnasium: One parking space for each five seats or seating spaces. (12) Tourist home, cabin, motel or hotel: One parking space for each sleeping room. (13) Dance hall, assembly or exhibition hall without fixed seats: One parking space for each one hundred (100) square feet of floor area used therefore. (14) Business or professional office building including studios, banks, medical or dental clinics: Three (3) parking spaces plus one additional parking space for each four hundred (400) square feet of floor area over one thousand (1,000) . (15) Bowling alley: Five (5) parking spaces for each lane. (16) Mortuary or funeral home: One parking space for each fifty (50) square feet of floor space in slumber rooms, parlors and individual funeral service rooms. (17) Retail store or personal service establishment, except as otherwise specified herein: One parking space for each two hundred (200) square feet of floor area. (18) Furniture or appliance Store, wholesale establishments, ma- chinery or equipment sales and service, clothing or shoe repair or service shop: Two (2) parking spaces plus one additional parking space for each five hundred (500) square feet of floor area over one thousand (1,000). (19) Printing shop, plumbing sl-p, manufacturing or industrial establishment, research o:- testing laboratory, creamery, bottling plant, wareho,.i_e, or similar establishment: One parking space for eac , o (2) employees on the maximum working shift plus space to accommodate all trucks and other vehicles used in connection therewith. SWK PAGE 42 (20) Car wash: Five (5) parking spaces for each washing bay. (21) Gasoline service stations: Three (3) parking spaces plus two (2) spaces for each service stall. (22) Enclosed tennis, handball, racquetball, squash courts: Four (4) spaces per each court plus one (1) space per each addi- tional 200 square feet. Sec. xxx.41. RULES FOR COMPUTING OFF-STREET PARKING. In computing the number of off-street parking spaces required, the following rules govern: (1) "Floor area" means the gross floor area of the specific use. (2) Where fractional spaces result, the parking spaces required are the nearest whole number. (3) The parking space requirement for a use not specifically men- tioned herein is the same as required for a use of similar nature. (4) Whenever a building erected or established after the effective date of this ordinance is enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise to create a need for an increase of ten percent (10 0) or more in the number of existing parking spaces, such spaces shall be provided on the basis of enlargement or charge. (5) Whenever a building existing prior to the effective date of this ordinance is enlarged to the extent of fifty percent (50o) or more in the floor area or in the area used, said building or use shall then and thereafter comply with the parking requirements set forth herein. (6) In the case of mixed uses, the parking spaces required shall equal the sum of the requirements of the various uses com- puted separately. (7) The size of a parking space for one vehicle shall consist of a rectangular area having dimensions of not less than nine (9) by nineteen (19) feet plus adequate area for ingress and egress. (8) Maneuvering space and width of parking area is required to permit safe and convenient movement of vehicles. The follow- ing. are space requirements for various parking angles. BOOK -L(Q-�L PA►GE cZ Q 43 r ► Stall to curb Aisle Width Curb to Curb Parkin gle Stall Width 12.0' 30.0' Oo 9.0, 9'0� 11.0' 41.0' ° 9 0' 15.0 11.0' 45.6' 200 9.0' 17.3' 12.0' 50.2' 300 9.0' 19.1' 13.0' 52.6' 45° 9.0, 19.8, 12.0' 52.8' 50° 9.0' 20.4, 18.0' 60.0' 60° 9.0' 21.0 , 61.0' ° 9.01 21.0' 19.0' 64.3' 24.0 70° 9.0' 20.3' 24.0, 62.0' 90° 9.0' 19.0' If the degree of angle of parking provided is not listed above' the aisle width rewired shall be the next largest angle of parking shown above. In circLunstances where a strict helication would Zoni g Board of result in unnecessary practical difficulties, Adjustment may, after notice and hearing, authorize such specific, limited exceptions to the above table of dimensions as it shall fin warranted and consistant with: 1. protecting landscaping features 2. adequate space for maneuvering of trucks, vans and full sized passenger vehicles. No exceptions shall be allowed for any other feature of the off-street parking rules. Sec. xxx.42. LOCATION OF PARKING SPACES;SHARED USE. same All parking spaces required hereinshall ctihere an d on e in hebnumber or lot as the use served, except that of spaces is required by a change or enlargement of use or where such spaces are provided collectively or used jointly by two or more build- ings or establishments, the required spaces may be located not to exceed three hundred (300) feet therefrom. (1) Not more than fifty percent (500) of the parking spaces re- theaters, bowling alleys, dance halls, night re- quired for (i)clubs or cafes; and up to one hundred percent (100$) of the parking spaces reqool uired for a church ° scbanksau olfficesn, may be provided and used jointly y (� ) retail stores, repair shops, service establishments and e similar uses not normally open, used or operated during hours as those listed in (i) ; provided, however, that written agreement thereto is properly executed and filed as specified below. use served, or where (2) In any case where the required parking spaces are not locat- ed on the same lot with the building or urovided and used, a such spaces are collectively or jointly p their retention for such written agreement thereto assuring 6MK PAGE 44 T purposes, shall be properly drawn and executed by the parties concerned, approved as to form by the City Attorney, and shall be filed with the application for a building permit. Sec. xxx.43. LOCATING PARKING SPACE IN FRONT YARD. Off-street parking space may be located within the required front yard in any "G-C", "C-C", "G-I", or "P-I" District, provided such space is fifty (50) feet or more away from any "R" district. No off-street parking is permitted in the front yard of any "S", "R", or "H-M" District, except upon a regularly constructed, duly authorized drive- way. Sec. xxx.44. OFF-STREET LOADING REQUIRED. There shall be provided at the time any building is erected or struc- turally altered in any "C" or "I" District (except as otherwise provided in this ordinance) one off-street loading space for the first five thousand (5,000) square feet of gross floor area plus one additional space for each twenty-five thousand (25,000) feet or any park thereof of additional square feet of gross floor area. Sec. xxx.45. SPECIAL USE PERMITS. Intent and Purpose. Rather than permitting all of the many and varied land use activities within individual and limited zoning districts, it is the intent of this ordinance to provide a set of procedures and standards for a limited number and specified uses of land or structures that will allow, on one hand, practical latitude for the investor or developer, but that will, at the same time, maintain sound provisions for the protection of the health, safety, convenience and general welfare. This section permits detailed review of certain types of land use activities which, because of their particular and unique characteristics, require special consideration in relation to the welfare of adjacent properties and to the community as a whole. Land and structure use possessing these cha- racteristics may be authorized within certain zoning districts by the is- suance of a special use permit. The zoning Board of Adjustment, after public hearing, and after re- ceiving a recommendation from the Planning and Zoning Commission, and subject to such protective restrictions as may be imposed, may authorize the location, construction, extension or structural alteration of any of the following buildings or uses or an increase in height in any appro- priate district: (1) Airport, landing field or landing strip. (2) Broadcasting towers, radio or T.V. , with or without broad- casting station. (3) Private community building or recreation center. 800K LL.LL PAGE LL'2- 45 ' (4) Institutions of a philanthropic or eleemosynary character. (5) Day care centers. (6) Private clubs. (7) Extraction of topsoil, gravel, sand, or other natural resourc- es except that in any such operation, there shall be a resto- ration plan filed with the City of Ames which plan shall contain the following: (a) A physical restoration plan showing the condition and proposed contour of the land after restoration, plant- ings, and other special features of the restoration and the method by which such restoration is to be accom- plished. (b) An agreement with the City and a bond, written by a licensed surety company, a certified check or other financial guarantee satisfactory to the City Attorney in an amount sufficient to secure the performance of the restoration agreement. Procedure. An application for a Special Use Permit shall be submitted and processed through the following procedure: (1) Submission of Application. An application may be submitted to the City Clerk on a form obtainable from that office. Each application shall be accompanied by a fee as established by the City Council. No part of the fee shall be refundable. (2) Data Required. Each application shall be accompanied by the following information and data: (a) The form filled out in full by the applicant including a statement of supporting evidence that the general and specific standards as delineated in this section will be fulfilled. (b) Site plan, plot plan, or development plan drawn to scale of the property involved showing the location of all abutting streets, the location of all existing and pro- posed structures and their uses and the location of all above ground development both existing and proposed. (c) Preliminary plans and specifications of the development and for all construction, as applicable. (3) Planning and Zoning Commission Review and Hearing. The application, along with all required data shall be transmitted to the Planning and Zoning Commission for review and recom- mendation. Such review by the Commission shall be at a BOOK PAGE:2(0-(0 46 . regular scheduled meeting. After the hearing, the Planning and Zoning Commission shall submit a written recommendation within 30 days to the Zoning Board of Adjustment setting forth the reasons for the acceptance, denial, or modification of the application. (4) Zoning Board of Adjustment Action. After the transmittal of the recommendation from the Planning & Zoning Commission, the Zoning Board of Adjustment shall consider the application at its regular meeting. Notification of the public hearing shall be published in a newspaper of general circulation in the City at least 7 days prior to the date of the hearing. The Zoning Board of Adjustment may approve, deny, or modify the special use permit application. (5) Permit Expiration. A Special Use Permit shall be valid for a period of 365 days from the date of issuance of said permit. If construction has not commenced and proceeding meaningful- ly toward completion by the end of this period, the Chief Building Official shall notify the applicant in writing of the expiration of said permit. Basis for Determinations. Before a Special Use Permit application can be approved, it shall be established that the following general standards, as well as the specific standards outlined in each applicable portion of this section shall be satisfied. (1) General Standards. The Planning and Zoning Commission and Zoning Board of Adjustment shall review each application for the purpose of determining that each proposed use meets the following standards and, in addition, shall find adequate evidence that each use on its proposed location will: (a) Be harmonious with and in accordance with the general principles and proposals of the Land Use Policy Plan of the City of Ames. (b) Be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such a use will not change the essential charac- ter of the area in which it is proposed. (c) Not be hazardous or disturbing to existing or future uses in the same general vicinity and will be a substan- tial improvement to property in the immediate vicinity and to the community as a whole. (d) Be served adequately by essential public facilities and services as highways, streets, police, fire protection, drainage structures, refuse disposal, water and sewage facilities, or schools. BOOK SPACE '� 47 (e) Not create excessive additional requirements at public cost for public facilities and services. (f) Not involve uses, activities, processes, materials, and equipment or conditions of operation that will be detri- mental to any person, property or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors. (g) Be consistent with the intent and purpose of the zoning district in which it is proposed to locate such use. (2) Conditions and Safeguards. The Zoning Board of Adjustment may impose such additional conditions and safeguards deemed necessary for the general welfare, for the protection of individual property rights, and for insuring that the intent and objectives of this ordinance will be observed. Sec. xxx.46. DURATION OF SPECIAL USE PERMITS. All special use permits shall expire three hundred sixty-five (365) days after the date of authorization or issuance unless the use is undertaken or a building permit has been issued and actual construction started. Where unusual circumstances may prevent compliance with this time re- quirement, the city council may, upon written request by the affected permittee, extend the time for required start of construction an additio- nal sixty (60) days. Excavation shall not be considered construction for the purpose of enforcing this section. Sec. xxx.47. PLANNED RESIDENTIAL UNITS AUTHORIZED;CONDITIONS. (1) Statement of Intent. It is the intent of the City of Ames that planned residential development be encouraged for areas of the community, as appropriate, in particular those areas of the community now undeveloped and those areas which in time would be annexed to the City. More specifically, it is the intent to: (a) Promote and permit flexibility that will encourage a more creative and imaginative approach in development and result in a more efficient, aesthetic, desirable and econo- mic use of land, while maintaining density and intensity of use consistent with the adopted Land Use Policy Plan. (b) Provide minimal effect upon adjacent properties and existing development. To this end, the Planning and Zoning Commission may make appropriate requirements. BOOK PAGE c;Z 63 48 r < (c) Promote development that can be conveniently, efficient- ly, and economically served by existing municipal utilities and services or by their logical extension. (d) Promote flexibility in design, placement of buildings, and use of open space, pedestrian and vehicular circulation facilities, and off-street parking areas in a manner that will best utilize the potential of sites characterized by special features of geography, geology, topography, size or shape. (e) Provide, where it is shown to be in the public interest, for the preservation of historical features and such natural features as streams, drainageways, floodplains, ponds/lakes, topography, rock outcroppings, unique areas of vegetation, stands of trees and other similar natural assets. (f) Provide for more adequate recreational facilities and other public and common facilities than would otherwise be provided under conventional land development. (g) Provide for the enhancement of the natural setting through careful and sensitive placement of man-made facilities and plant materials. (2) Review Application Procedure. The reviewing and processing any proposed PUD shall be in two steps: (a) Pre-application Conference. Prior to any application for PUD plan approval, contact shall be made with the Plan- ning Division, Department of Community Devleopment, for a pre-application conference. It is advised that the conference occur prior to any extensive financial expen- diture on the part of the developer. The purpose of the meeting is to inform appropriate City staff on the pro- posed development and to inform the developer about various City ordinances, applicability of the proposed development, timing of procedure, and any other per- tinent information appropriate to the proposal. To this end, the developer must outline the proposal in schema- tic and/or written form for discussion purposes. Areas of consideration include, but are not limited to: (i) General discussion of project, building types, timing of development (ii) Proposed land uses and density ranges (iii) Conformance to Land Use Policy Plan vocK..1(n4 pAC76 49 (iv) Utility and street arrangements and patterns (v) Proposed open space and recreational facilities and review of natural amenities to be preserved such as hill forms, wet lands, wooded areas, and water courses. Subsequent to the meeting, the developer will be fur- nished, as appropriate, with any comments regarding the meeting including recommendations to inform and assist the developer in the processing of the proposed plan. No verbal, written or schematically illustrated statements made during the course of the conference shall be held as legally binding as the Ames City Council is the only authorized approval body upon recommendation of the Planning and Zoning Commission. (b) Application for PUD Plan Approval. After the pre-appli- cation conference, application for PUD plan approval may be made to the City Council on forms obtainable from the City Clerk. The City Council shall refer the application to the City Planning and Zoning ccmission for review and recorwendation. Such reccxcmendations shall be forwarded to City Council within 60 days of referral. Upon written request and approval by City Council, an additional 60 days may be granted for a reccmendation. All technical assistance to the Planning and Zoning Ccrrunission on the application shall be coordinated by the Department of community Development. The application shall include the following written and visual materials: (i) A written statement concerning the proposed de- velopment, including the nature of the project, proposed land uses, building types, density ranges, conformance with the Land Use Policy Plan, and description of the open space and recreational system. (ii) A site development plan containing the following: a. Legal description of the total site being de- veloped along with the name(s) of the owner(s) and seal of the registered land surveyor making the plat. b. A topographical survey of the site at an interval of not more than five (5) feet, unless characteristics of the site indicate a greater or shorter interval appears appropriate. BOOK IL PAGE 50 c. Dimensions and bearings of external property boundaries. d. The location of all existing structures, ease- ments, utilities, proposed utilities, and public dedications either contained upon or adjacent to the site. e. The existing and proposed public and/or private street and sidewalk system. f. A statement of quantitative data including total number and types of structures to be constructed on the site, individual parcel sizes, lot coverages, gross and net residential densities, areas reserved for open space and recreation, and off-street parking areas. (iii) Site supporting information to include, as appro- priate: a. Any water course areas b. Unique natural features c. Unique historical sites d. General vegetation cover e. Soil suitability (iv) A landscape plan delineating the proposed treat- ment of the site. The plan shall be supplemented with a written "Statement of Intent" of the plan and how the intent is to be realized. (v) Representative floor plans and exterior elevations of proposed structures and buildings. (3) Processing Procedure. The processing procedure for PUD approval shall be in accordance with the Subdivision Ordinance of this code. (4) Changes in approved plan. Changes of a minor nature may be made in an approved plan by the Department of Community Development. However, any proposed change of major conse- quence is only authorized by City Council upon recommen- dation by the Planning and Zoning Commission. Major changes shall include: BWK ..1L -Paces 2-71 51 (a) Nonconformance to the original approved overall state- ment of intent; (b) Any increase in density, numbers, and/or types of dwelling units; (c) Nonconformance to the original approved overall state- ment of intent of the landscape plan; (d) Any change in maximum height or change in location of structures or buildings. If any proposed change is questionable whether it is of major or minor consequence, such determination shall be made by the City Council. A PUD plan runs with the land and is binding on any and all interested parties from and after the time a PUD is approved. No permits will be issued in an area that has been rezoned on application of owners representing that a PUD will be submitted until the PUD has been submit- ted and approved. (5) Design Standards. Even though PUD's promote and permit flexibility of design, certain standards must be applied to assure compatibility of the project with the intent of this ordinance. These standards follow. (a) Permitted Uses. Normal permitted uses are those of a residential character including single-family (detached or attached), two-family and/or multiple-family dwellings, churches, and the usual accessory buildings, such as garages, storage space, maintenance structures, and buildings for recreational purposes. Commercial uses, limited to those specifically approved by the City Coun- cil, are permitted provided that such uses are primarily for the service and convenience of the residents of the development. Such commercial uses are encouraged to be located within residential buildings, however, if such uses are proposed to be contained within a separate free-standing structure: (i) it must be so designed to reflect the residential character of the development; and (ii) It may contain an identification sign no more than four square feet, placed flush on one wall and generally not observable from the periphery of the development. No building permit for a free-standing commercial struc- ture will be issued and/or no certificate of occupancy for commercial use of any residential structure will be issued until 60 percent of the development's dwelling units have been issued a certificate of occupancy. BOOK PAGEa?a 52 (b) Density. The permitted maximum dwelling unit denisity per gross acre shall not exceed the following: R1-10 4 dwelling units/acre R1-6 7.2 dwelling units/acre R-2, R2-7 12 dwelling units/acre R-3 22 dwelling units/acre R-4 38 dwelling units/acre Where a PUD is proposed and is contained within two or more zoning districts, density shall be determined by adding the maximum dwelling units allowable for each proportional part. (c) Tract Size. The minimum size tract for a PUD is two acres. (d) Parking. All parking must meet the requirements as set forth in Sec. xxx.41. Parking lot design consideration shall be as follows: (i) Parking areas shall be treated as an integral part of the development in scale, location, and charac- ter. (ii) Parking areas shall be so arranged to discourage through traffic. (iii) As appropriate, parking areas shall be screened from adjacent structures and streets with hedges, plantings, fences, earth berms, changes in grade, and/or other similar examples. (iv) Parking areas shall be so designed to allow for drainage of surface water without erosion, flooding, and other inconveniences. (e) Height. There shall be no maximum height requirement. However, heights shall be regulated to the extent that it relates to the proposed development and to the general area within which the development is proposed to be located. (f) Open Space. A major portion of any PUD is its open space. The desirability is closely tied to the integration of open space with the total development. The Statement of Intent of this section sets forth the overall objective desired for PUD's. Therefore, no quantitative standards are stated in this section.. Quality standards acknow- ledge the separate and multiple functions of open space: active recreation, passive recreation, and preservation of natural site amenities. In designing the PUD, consi- deration shall be given to such functions. BOOK PAGE 3 All land in the PUD indicated as common land and common open space shall be maintained by one of the following methods: (i) If the land is deeded to a Homeowner's Association (HOA), the developer shall file a declaration of covenants and restrictions that will govern the association, to be submitted with the application for the PUD. The provisions shall include, but not be limited to: a. The HOA must be set up before the dwellings are sold. b. Membership must be mandatory for each home buyer and any successive buyer. C. The open space restrictions must be permanent. d. The HOA must be responsible for liability insurance, taxes, and the maintenance of recreational and other facilities. (ii) All or any part of the open space system may be conveyed to the City of Ames by joint agreement of the developer and City. Such conveyance may be by dedication or easement. (g) Other consideration. A number of major factors shotild undergo evaluation as a portion of design standards. These include: (i) Natural drainage areas shall be retained as appro- priate and, if necessary, improved. (ii) Due consideration shall be given to preserving natural site amenities and minimizing the disturbance to the natural environment. (iii) Existing trees shall be preserved wherever possible. The location of trees is to be considered in design- ing building locations, underground services, and paved areas. (iv) If the development includes flood plain areas, they shall be preserved as permanent open space. (v) Due consideration shall be given to the natural topography and major grade change shall be avoid- ed. If the development includes hillsides and slopes, special evaluation shall be given to geolo- gical conditions, erosion, and topsoil loss. If un- favorable development conditions exist, the City BOOK �-PAGE..,�4 54 Council may restrict clearing, cutting, filling, or other substantial changes in the natural conditions of the affected area. Sec. xxx.48. APPROVAL OF PLANNED RESIDENTIAL UNITS. If the council approves the PUD plan, building permits and certificates of occupancy may be issued, although the use of the land and the location of the buildings to be erected on the land, the yards and open spaces contemplated by the plan, do not conform in all respects to the district regulations of the district in which b It is locat nil, Itheevent of any variation in the plan, as approvedy applicant for such ng enforcement officer shall deny the permit and the permit may revise or amend the plan and resubmit the same to the council for approval as an original plan. Sec. xxx.49. SITE PLANS REQUIRED. Statement of Intent. It is the intent and purpose of this Section to establish a procedure which will enable the City government to plan for and review certain proposed improvements of property within zoning districts R-3, R-4, G-C and H-M of the City. The site planning review requirements of this article such property designed inaomanner insure that shall:orderly and harmonious development of y (1) Promote the most beneficial relation between the uses of land and the circulation of traffic throughout the City; (2) Permit development to an amount commensurate with the availa- bility and capacity of public facilities and services; (3) Encourage adequate provision for surface and subsurface drainage; and (4) Provide suitable screening of parking, truck loading, refuse, disposal, and outdoor storage areas from adjacent residential districts. Procedure. Whenever any person proposes to develop/redevelop any tract or parcel De elopmen aDepartmentzoning tal r equest that person shall submit to the Community for site plan approval. All required information shall be submitted to the CamTLmity Develop- ment Department for review and processing. Within fifteen (15) days after submittal, the CcaTmunity Development Director shall, in a written decision stating findings of fact and conclusions pertaining to the above standards, approve, approve with codification, or deny the request. Upon approval or approval with modification, a building permit may be issued. Any person aggrieved by a decision to grant or deny a permit may appeal to the Zoning Board of Adjustment 1.,hereupon said Board shall decide the matter anew on the evidence and arguments presented to it and in accordance with the standards set out above. BOOK VAG£ 55 Required Information. Plans which are submitted for review shall be drawn to an appropriate scale and shall include as a minimum the follow- ing items of information, unless otherwise waived by the Community Development Director: (1) Date of preparation, north point, and scale. (2) Legal description and address of the property to be deve- loped. (3) Name and address of the record property owner, the appli- cant, and the person(s) or firm preparing the site plan. (4) Zoning district. (5) Existing and proposed contours at an interval not to exceed two feet, provided that at least two contours shall be shown. (6) Existing and proposed utility lines and easements. (7) Total number and types of buildings proposed; proposed uses for all buildings; total floor area of each building; and any other information which may be necessary to determine the number of off-street parking and loading spaces required by the zoning ordinance. (8) Location, shape, exterior dimensions, and number of stories of each existing building to be retained and of each proposed building. (9) All required yard setbacks. (10) Location, grade, and dimensions of all existing and proposed paved surfaces and of all abutting streets. (11) Complete traffic circulation and parking plan, showing the location and dimensions of all existing and proposed parking stalls, loading areas, entrance and exit drives, dividers, planters, and other similar permanent improvements. (12) Location and type of any existing and proposed signs, and of any existing or proposed lighting on the property which illuminates any part of the required yard. (13) Location of existing trees 6" or larger in diameter, any rock outcrops, landslide areas, springs and streams and other water bodies, and any areas subject to flooding. (14) Location, amount and type of any proposed landscaping, fences, walls, or other screening as required by the zoning regulations. 800K �� PAM_ 2 (0 56 S � (15) Soils tests and similar information if deemed necessary by the Community Development Director to determine the feasibility of the proposed develcpment. Design Standards. The standards of design provided herein are neces- sary to insure the orderly and harmonious development of property in such manner as will safeguard the public's health, safety, and general welfare. (1) The design of the proposed development shall make adequate provisions for surface and subsurface drainage, for connec- tions to water and sanitary sewer lines, each so designated as to neither overload existing public utility lines nor increase the danger of erosion, flooding, landslide, or other endanger- ment of adjoining or surrounding property. (2) The proposed development shall be designed and located with- in the property in such manner as not to unduly diminish or impair the use and enjoyment of adjoining property, and to this end shall minimize the adverse effects 'on such adjoining properties from automobile headlights, illumination of required perimeter yards, refuse containers, and impairment of light and air. For purposes of this section, the term "use and enjoyment of adjoining property" shall mean the use and enjoyment presently being made of such adjoining property, unless such property is vacant. If vacant, the term "use and enjoyment of adjoining property" shall mean those uses permitted under the zoning district in which such adjoining property is located. (3) The proposed development shall have such entrances and exits upon adjacent streets and such internal traffic circula- tion pattern as will not unduly increase congestion on adja- cent or surrounding public streets. (4) To such end as may be necessary and proper to accomplish the standards in paragraphs 1, 2, and 3 above, the proposed development shall provide fences, walls, screening, landscap- ing, erosion control or other improvements. (5) All electrical, telephone, and cable television transmission systems shall be placed underground whenever reasonably practicable. Validity of Approval. A site plan shall become effective upon certifica- tion of approval by the Community Development Director. The approval of any site plan required by this section shall remain valid for two years after the date of approval, after which time the site plan shall be deemed null and void if the development has not been established or actual construction commenced. For the purpose of this article, "actual construction" shall mean that the permanent placement of BO OOK PAGE 57 construction materials has started and is proceeding without undue delay. Preparation of plans, securing financial arrangements, issuance of building permits, letting of contracts, grading of property, or stock- piling of materials on the site shall not constitute actual construction. Violation. Construction or other activities contrary to the approved plan, or in the absence of an approved plan, shall be a violation of this section. Sec. xxx.50. LANDSCAPING REQUIREMENTS FOR PARKING LOTS Statement of Intent. The objective of this provision is to protect and promote the public health, safety, and general welfare by requiring the landscaping of parking lots in such a manner as will serve to reduce the effects of wind and air turbulence, heat and noise, and the glare of automobile lights; to preserve ground water strata; to act as a natural drainage system and ameliorate storm water drainage problems; to reduce the level of carbon dioxide and return pure oxygen to the atmosphere; to prevent soil erosion; to conserve and stabilize property values and to otherwise facilitiate the creation of a convenient, attrac- tive and harmonious community; to relieve the blighted appearance of parking lots; and to generally preserve a healthful and pleasant en- vironment. Definitions. (1) Landscaping Tree. Any self-supporting conifer or deciduous plant which usually produces one main trunk, and a more or less distinct and elevated head with many branches. (2) Shrub. A woody plant that usually remains low and produces shoots or trunks from the base; it is not usually tree-like nor single-stemmed. (3) Parking Lot. An area not within a building or other struc- ture where motor vehicles may be stored for the purpose of temporary, daily, or overnight off-street parking. This definition shall include motor vehicle displays or storage lots. Parking Lot Landscaping Plan. No parking lot of 16 or more spaces shall be constructed, enlarged or reconstructed (excluding repaving) in Ames until a parking lot landscape plan for that lot has been approved by the Department of Community Development. At least ten percent of the parking lot will be devoted to landscaping features. The depart- ment shall not approve any parking lot landscape plan submitted to it pursuant to this section unless it conforms to the requirements of this section. Parking lot landscape plans shall be prepared and submitted in accor- dance with these provisions and in a manner as directed by the Direc- tor of Community Development and shall, where appropriate, be sub- mitted to satisfy item #11, "Required Information", under Site Plans Required, Section xxx.49 of this ordinance. BOOK 1�.PAGE,4= Parking lot landscape plans submitted pursuant to this article shall be drawn to scale, including dimensions and distances, and clearly delineate the existing and proposed parking spaces, or other vehicular use area, access aisles, driveways, and the location, size, and description of all existing and proposed landscape materials. Parking Lot Landscaping Design Criteria. All parking lot landscaping shall be of such quality as to improve and enhance the site and its surrounding areas. The primary landscaping materials used in parking lots shall be trees which provide shade or are capable of providing shade at maturity. Shrubbery, hedges, and other live planting material may be used to complement the tree landscaping but shall not be the sole contribution to the landscaping. Effective use of earth berms and existing topogra- phy is also encouraged as a component of the landscape plan: The landscaping the planting areas shall be reasonably dispersed throughout the parking lot. The interior dimensions of any planting area or planting median shall be sufficient to protect the landscaping materials planted therein and to insure proper growth. In those instances where plant material exists on a parking lot site prior to its development, such landscape material may be used if approved as meeting the requirements of this ordinance. Planting Materials. No materials shall be approved for use in any parking lot landscaping plan that are judged unsuitable for such use in Ames by the Department of Community Development. The following are minimum standards: (1) All plant materials shall be of a hardiness suitable to the Ames climate. (2) Trees - Trees measured by height shall be a minimum of 6 feet in height from ground when planted. (ornamental) Trees measured by trunk diameter shall be a minimum of 1k inch caliper. (shade trees) (3) Plant materials used for screening purposes shall provide effective screening by the third growing season. Peripheral Coverage Requirements. Peripheral landscaping shall be required along any side of a parking lot of 16 or more spaces that abuts adjoining property that is not a right-of-way. BOOK 14 PAGE a q. Street Frontage Planting Requirements. Landscaping shall be required along any side of a parking lot of 16 or more spaces that abuts the right-of-way of any street, road, or highway. Maintenance. The owners and their agencies shall be responsible for providing, protecting, and maintaining all landscaping in health and growing condition, replacing it when necessary, and keeping it free of refuse and debris. Performance Guarantee. Bond or cash escrow in a sum established by the City Manager shall be provided to guarantee satisfactory perfor- mance of the provisions of the site and landscape plans. Appeals. Any person aggrieved by a decision of the Director of Com- munity Development made pursuant to this section may appeal such decision to the Zoning Board of Adjustment in accordance with the provisions of this ordinance. Sec. xxx.51. ENVIRONMENTALLY SENSITIVE AREA OVERLAY (1) Purpose. It is the purpose of this section to set out addi- tional regulations for review and control of development and construction in areas found to be and designated as especially sensitive to adverse public impace from development due to unique environmental circumstances pertaining to the site. (2) Designation of the Area. For purposes of these regulations an area may be designated by resolution of the City Council, after having received the advice and comments of the Plan- ning and Zoning Commission, as an Environmental Sensitivity Overlay Area if the results of scientific study of the area support the conclusion that the area so designated is especial- ly sensitive to adverse public impact from development due to unique environmental circumstances. (3) Studies. The staff of the Department of Community Develop- ment and the Ames Planning and Zoning Commission are authorized and expected to conduct studies to evaluate areas in terms of environmental sensitivity as a part of the continu- ing process of maintaining a current comprehensive land use plan for the City. Additionally, studies done by or for other governmental or private parties may be adopted for the pur- pose of this section. (4) Development Process/Plan Required, Procedure. In an area ilesignated as environmentally sensitive no zoning or building permits shall be issued and no grading, excavation, construc- tion, or change in use shall occur except in accordance with IBOCK J�.PAGE so a plan of development reviewed and approved by the City Council. The procedures governing application, review and approval of such plans shall be the same as those pertaining to the review and approval of Planned Unit Developments as provided for in this ordinance. As a part of such planning and review process the developer shall prepare and submit an Environmental Assessment Report which shall set out with specificity how the problems identified in the study on which the Environmental Sensitivity Overlay Area designation is based will be solved, obviated or mitigated in the public interest. No development plan shall be approved until the City Council shall have reviewed and approved an Environ- mental Assessment Report for development of the area. (5) Compliance with Plan - Enforcement. Development or other activities in conflict with the plan, or failure to implement the plan, including the measures set out in the Environmental Assessment Report in accordance with the schedule establish- ed in the plan shall constitute a violation of this section for which any and all enforcement means and remedies established by law for zoning regulations may be invoked and instituted. Sec. xxx.51. MANAGER TO ENFORCE ORDINANCE. The provisions of this ordinance shall be enforced by the city manager Sec. xxx,52. ZONING PERMIT REQUIRED. It is unlawful to commence or to proceed with the erection, construc- tion, reconstruction, conversion, alteration, enlargement, extension, razing or moving of any building or structure, or of any portion there- of, or to change the use thereof, without first having applied in wri- ting to the building official for a zoning permit to do so. Sec. xxx.53. APPLICATION FOR ZONING PERMIT. Each application for a zoning permit shall be in writing, in the standard forms of the City, and filed in the office of the Building Official. The application shall be accompanied by a plot plan of the lot upon which the building or structure is to be placed, reconstructed, enlarged or converted, showing the size of the lot, foundation dimensions, proposed front, rear and side yard depths of the proposed building or structure and any other existing accessory buildings on the lot. Sec. xxx.54. ISSUANCE OF PERMIT. If, after reviewing the application, the Building Official finds that the building or structure in the proposed location complies with all the pro- visions of this ordinance, the Building Official shall, upon payment of the required fee, issue a building permit therefore. sooK An 4PAGE 61 Sec. xxx.55 REFUSAL OF PERMIT. If, after reviewing the application, the Building Official finds that the building or structure in the proposed location does not comply with the provisions of this ordinance, the building official shall furnish the appli- cant with a statement, signed by the enforcing officer, refusing to issue such permit and setting forth the reason for such refusal. The refusal by the Building Official to issue a permit may be appealed by the applicant to the Zoning Adjustment Board in the manner as provided herein. Sec. xxx.56. PERMIT RECORDS;FEES. The building official shall keep a record in the building official's office of all applications filed, permits issued, or refused, and if refused, and appealed, the final action thereon. The building official shall keep a record in the building official's office of all zoning permit fees collected and shall remit the amount of such fees to the office of the Director of Finance daily. Sec. xxx.57. EXPIRATION, EXTENSION OF PERMITS. Any zoning permit or special use permit under which no construction work or use has been commenced within 365 days after the date of issue of said permit or under which the proposed construction, reconstruction or alteration has not been completed within two (2) years of the date of issue, shall expire by limitation; and no work or operation shall take place under such permit after such expiration. A zoning permit, but not a special use permit, may be once extended for a period not exceed- ing 365 days by the Building Official. Sec. xxx.58. BOARD OF ADJUSTMENT ESTABLISHED; MEMBERSHIP. 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 vacancy shall be filled in the same manner for the unexpired portion of the term. Terms of office begin on April first of the year of appointment. No member may serve more than seven years. Sec. xxx.59. COMPENSATION OF BOARD. All members of the Zoning Board of Adjustment shall serve without compensation. Sec. xxx.60. SECRETARY OF BOARD, ASSISTANCE BY CITY DEPARTMENTS. The city clerk shall serve as the secretary of the Board of Adjustment. 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 BOOK L-q PAGE-Q<-Sa. 62 . assistance in the performance of its duties, and it shall be the duty of such department to render such assistance as may be reasonably requir- ed. The board may also request the advice or recommendation of the City Planning and Zoning Commission. Such commission should state the basis and reasons for any advice or recommendation it submits to the board. Sec. xxx.61. REGULATIONS OF BOARD. The Board of Adjustment shall adopt, from time to time, subject to the approval of the city council, such rules and regulations as it may deem necessary to carry into effect the provisions of this ordinance. Sec. xxx.62. CHAIRMAN OF BOARD; MEETINGS; QUORUM. The Zoning Board of Adjustment shall annually elect its own chairperson at the first meeting on or after April first of each year. Such chair- person, or in the chairperson's absence, the acting chairperson, may administer oaths and compel the attendance of witnesses. There shall be a fixed place of meeting and all meetings shall be open to the pu- blic. The presence of three (3) members shall be necessary to con- stitute a quorum. The concurring vote of three (3) members of the board is necessary on all matters upon which it is required to pass under the provisions of this ordinance. Sec. xxx.63. RECORDS OF BOARD REQUIRED; SECRETARY TO KEEP. The secretary of the Board of Adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question. If a member is absent or fails to vote, the minutes shall indicate such fact. The board shall keep records of its examination and other official actions, which shall be on file in the office of the City Clerk as a public record. Sec. xxx.64. APPEALS TO BOARD AUTHORIZED; PROCEDURE. Appeals to the Board of Adjustment may be taken by any person ag- grieved, or by any officer, department or board of the city affected by any decision of the enforcing officer. Such appeal shall be taken within a reasonable time, as provided by the rules of the board, by filing with the secretary of the board a written notice of appeal speci- fying the grounds thereof and the publication of the notice of appeal in a paper of general circulation in the City of Ames as provided by the regulation of the board. The secretary of the board shall give prompt notice of such appeal to the Building Official who shall forthwith trans- mit to the board all papers and documents constituting the record upon which the action appealed from was taken. An appeal stays all proceed- ings in furtherance of the action appealed from, unless the Building Official certifies to the board after the notice of the appeal shall have been filed with the building official, that by reason of facts stated in the appeal a stay would, in the building official's opinion, cause inni- nent peril to life or property. In such case, the proceedings shall not BOOK J �-q__PAGE 63 be stayed otherwise than by a restraining order which may be granted by a court of record on application of notice to the Building Official and due cause shown. - Sec. xxx.65. APPLICATION TO THE BOARD; PROCEDURE; NOTICE. Applicantions to the Board of Adjustment for a use variance, exception, or special use permit may be made by any parson. Such application shall be made by filing with the secretary of the board a written notice specifying the grounds therefore. The secretary shall publish notice of the application in a paper of general circulation in the City of Ames. Sec. xxx.66. FEE FOR APPEALS. All appeals to the Board of Adjustment filed with the secretary shall be accompanied by a filing fee in a sufficient sum (as determined by the secretary and approved by city council) to cover costs of publishing notice of appeal and other incidental expenses. No refunds shall be made of said fees or any part thereof. Sec. xxx.67. DISPOSITION OF APPEALS. The final disposition of any appeal to the Board of Adjustment shall be in the form of a written decision by the board signed by the chairper- son or acting chairperson, either reversing, modifying, or affirming the decision or determination appealed from. A copy of such decision shall be filed with the enforcing officer. Sec. xxx.68. POWERS OF THE BOARD OF ADJUSIME21T. The board of adjustment has the following powers: (1) Powers relative to errors. To hear and decide appeals where it is alleged there is an error in any order, regulation, requirement, decision or determination made by an administra- tive official in the enforcement of this ordinance. (2) Powers relative to exceptions. After public hearing and upon reaching a finding that special conditions precluded in this ordinance exist warranting the granting of such a permit, to permit as a special exception to the zoning regulations set forth in this ordinance, the following uses in a district when not specifically authorized for such district, provided all exceptions shall by their design, construction, and operation adequately safeguard the health, safety and welfare of the occupant and users of the adjoining and surrounding proper- ty, shall not impair an adequate supply of light and air to the adjacent property, shall not increase congestion in the public streets, shall not increase public danger of fire and safety, shall not diminish or impair established property values in surrounding areas, and shall be reasonably neces- sary for and will serve the public convenience and welfare: BOOK PACE a? 4 G} (a) To permit erections and use of building or the use of premises or vary the height, yard or area regulations in any location for a public service corporation for public utility purposes, or for purposes of public communica- tion, including the distribution of newspapers, which the Board determines is reasonably necessary for the public convenience or welfare. (b) To permit the use of property in residential districts for off-street parking purposes as accessory to permitted residential district uses where said parking lots do not immediately adjoin the permitted residential district use. (c) To permit the extension of a district where the boundary line of a district divides a lot of record in a single ownership as shown of record or by existing contract of purchase at the time of the passage of this ordinance, but in no case shall such extension of the district boun- dary line exceed forty (40) feet in any direction. In granting any special exception the board may prescribe appropriate conditions, limitations and safeguards, in confor- mity with this ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the special use is granted, shall be deemed a violation of this section. (3) Powers relative to variances. The board shall have the power to grant variances in conformance with the limitation of its powers in this regard under the law of the State of Iowa. In granting any variance, the board is urged to prescribe appropriate conditions and safeguards to foster the policy and intent of this ordinance. Violation of such conditions and safeguards, when made a part of the terns under which the variance is granted, shall be deemed a violation of this ordi- nance and punishable under this ordinance. (4) Powers relative to special permits. To hear and decide appli- cations for special permits in accordance with the provisions of this ordinance. Sec. xxx.69. INTERPRETATION AND PURPOSE. In the interpretation and application, the provisions of this ordinance are the minimum requirements, adopted for the promotion of the public health, safety, comfort, convenience and general welfare. It is not intended by this ordinance to repeal, abrogate, annul or in any way impair or interfere with any existing provisions of law or ordinance, or with any rule, regulation or permit previously adopted or issued, or which shall be adopted or issued pursuant to law, relating to use of buildings or premises; nor is it intended by this ordinance to interfere or BOOK P am 65 . to abrogate or annul, any agreement between parties; provided, how- ever, that where this ordinance imposes a greater restriction upon the use of buildings or premises or upon the height of buildings, or re- quires larger yards, courts, or other open spaces than are required by any such existing provisions of law or ordinances, or by any such rule, regulations or permit, or by any such easement, covenant or agreement, the provisions of this ordinance shall govern. Sec. xxx.70. AMENDMENTS AUTHORIZED. The City Council may, from time to time, on its own initiative, on petition, or on recommendation by the City Planning and Zoning Com- mission, after public notice and hearings provided by ordinance, and after a report by the City Planning and Zoning Commission, or after thirty (30) days' written notice to said commission, amend, supplement or change the regulations, districts, or Official Zoning Map herein or subsequently established. Sec. xxx.71. PETITION FOR AMENDMENT. Whenever the owners of fifty percent (50%) or more of the area of the lots in any district: or part thereof desire amendment, supplement or change in any of the provisions of this ordinance applicable to such area, they may file a petition with the City Clerk requesting the City Council to make such amendment, supplement or change. Such petition shall be accompanied by a map or diagram showing the area affected by the proposed amendment, supplement, or change, together with the boun- daries of the said area and the names and addresses of all the owners of record in the Office of the County Recorder of Story County, Iowa, of lots therein and within a distance of two hundred (200) feet outside of the boundaries of said area; and such petition shall immediately be transmitted to the City Planning and Zoning Commission for an investi- gation and report. The City Planning and Zoning Commission shall file its recommendations approving, disapproving or modifying the proposed amendment, supplement or change with the City Council within thirty (30) days thereafter. Sec. xxx.72. FEE FOR PETITIONS. All petitions for amendment filed with the City Clerk will be accom- panied by a filing fee as prescribed by resolution of the City Council, payable to the City of Ames, Iowa, to cover costs of publishing notice of the proposed amendment and other incidental expenses. No refund shall be made of said fee or any part thereof. Sec. xxx.73. VOTE; REQUIRED WHEN AMENDMENT PROTESTED. If a written protest against any proposed amendment, supplement or change shall have been presented to the City Council, signed by the owners of twenty percent (200) or more, either of the area of the lots included in such proposed change, or of those immediately adjacent in the rear thereof, extending the depth of one lot or not exceeding two BOOK J Lq mw_. a� r, hundred (200) feet therefrom, or of those directly opposite thereto, extending the depth of one lot or not exceeding two hundred (200) feet from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of at least three- fourths (3/4) of all. the members of the City Council. Sec. xxx.74. RENEWAL OF PETITION AFTER DENIAL. Whenever a petition requesting an amendment, supplement, or change of any regulation prescribed by this ordinance has been denied by the City Council, such petition cannot be renewed for one year thereafter unless it is signed by the owners of at least fifty percent (50 0) of the property owners who previously objected to the change; this provision, however, shall not prevent the City Council from acting on its own initiative in any case or at any time as provided in this section. Sec. xxx.75. PROCESSING TIME. For the orderly processing of zoning applications the following time limits are established: (1) Rezoning proposals referred by the council to the Planning and Zoning Commission shall be acted upon and returned to the Council in not more than 90 days or three (3) consecutive monthly meetings unless time extensions are specifically re- quested by the applicant. (2) Planned concepts referred by the council to Planning and Zoning Commission shall be acted upon and returned to the Council for action no later than 120 days or four (4) consecu- tive monthly meetings unless time extensions are specifically requested by the applicant. (3) Failure to return the application and a decision within the time specified will signify to the council that the application is approved as submitted. (4) Staff reports: A copy of all staff reports regarding an application review must be forwarded to the applicant three (3) working days prior to a hearing date. Sec. hxx. 76. ZONING MAP AMENDED. The official Zoning Map of the City of Ames, Iowa as enacted by Ames City Ordinance No. 2109 on December 21, 1965, shall be and is hereby amended so as to change the classification and designation of all land areas heretofore shown and designated on said map as in the "C-2" and "C-3" Districts to a new designation and classification as in a district named "G-C, General Commercial"; all land areas heretofore shown and designated on said map as in the "C-4" district to a new designation and classification as in a district named "C-C, Concentrated Commer- cial"; all land areas heretofore shown and designated on said map as in the "C-1 and C-5" district to a new district named "P-C, Planned Commercial" ,and all land in the "S-1" and "S-2" districts to be in a district named "S-R Suburban Residential District". r 67 t M +► Sec.xxx.77. SEVERABILITY. It is the legislative intent that should any provision, section, clause or sentence be held unconstitutional or invalid, such holding shall not be construed as affecting the validity of any of the remaining provisions, sections, clauses or sentences. Sec.xxx.78. PENALTIES AND REMEDIES. (a) Violation of the provisions of this ordinance shall constitute a simple misdemeanor punishable by a fine not exceeding one hundred dollars ($100) or by imprisonment for a period not to exceed thirty (30) days. (b) In addition to or as an alternative to the provisions of sub- section (c) above, the City Council may institute civil proceedings to obtain injunctive and declaratory relief or such other orders of the court as are reasonable and proper to abate practices, condi- tions or circumstances found to be contrary to or prohibited by the provisions of this ordinance. Sec. xxx.79. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after July 1, 1980. Passed this __3rd ___day of June _ 1980. 01. /Y\)tA P)L O'a t Gina1 ese, City Cler F. Paul Goodland, Mayor B ODK �PAGE0353 .. y � C� ,