HomeMy WebLinkAboutA001 - cover letter for proposed ordinances, May 7, 1981 City Of AMES, Iowa
Public Safety Bldg.
50010
(515) 232-6210
JOHN R. KLAUS
City Attorney
SANDRA M. ZENK "ITY C1=6` ;.IUVJA
MARK W, F. LINDHOLM
Assistant City Attorneys
May 7, 1981 MAY 1 1 1981
F. Paul Goodland, Mayor,
And Members of the City Council
Of The City of Ames, Iowa
In re: Regulations pertaining to the Keeping, Storage, Parking and
Abandonment of Motor Vehicles, Junk or Otherwise
Dear Mayor Goodland and Council Members:
In response to the Council direction at the meeting of May 5 pertaining to
motor vehicles, I have prepared two ordinances as attached hereto. It is
my thought that both ordinances would be adopted so as to complement each
other. One ordinance is an amendment to the city's zoning regulations.
The other is an amendment to the parking regulations.
You should note that neither of these ordinances apply to vehicles for sale
parked in the auto sales lots of new and used car dealerships on commer-
cially zoned land. These regulations will, however, affect a commercial
operation that keeps wrecked or demolished motor vehicles out of doors on
its premises for more than five days without having a special permit.
Also, the regulations address the problem of eyesores in residential areas
by prohibiting any person from parking or allowing the parking of a motor
vehicle out of doors on residential property without movement and use of
that vehicle for more than ten days unless a special permit has been ob-
tained for the outdoor storage or display of such vehicles.
The reason for the special permit exemptions is to cope with those cir-
cumstances we do not now foresee where the open storage of a wrecked or
demolished vehicle for more than five days, perhaps at a commercial garage
for instance, might be reasonable and permissible subject to certain re-
strictions or conditions. Similarly, there may be some time when a special
permit to store or display vehicles on residential property might be appro-
priate under special conditions. But the burden would be on the person
desiring to engage in that practice to seek and obtain the special permit.
Combining Education and Industry with Hospitality
Mayor & Council 2 May 7, 1981
The ordinance to amend the zoning code also serves the useful function of
providing for some regulation with respect to junk yards and auto salvage
yards, a current void in our zoning ordinances. Under the junk yard/
salvage yard regulations scheme as I propose it, that type of activity,
except for existing non-conforming uses, would hereafter be restricted to
the general industrial district and then only after issuance of a special
permit from the board of adjustment.
Thereafter, any commercial activity which has been disposing of refuse
vehicles by simply pushing them into the ditch in back of the premises
would be in violation not only of Chapter 17 of the Ames Municipal Code but
also of the city' s zoning ordinance. As a zoning violation the city would
be empowered, pursuant to the provisions of Chapter 414 of the Code of Iowa
to seek not only a misdemeanor penalty, but also mandatory injunction of a
court ordering the removal of the discarded vehicles to the city's land-
fill.
The zoning amendment will need to be referred to the planning and zoning
commission for comment and then a public hearing held before it can be en-
acted. The amendment to the parking regulations could be enacted at any
time without referral to the planning and zoning commission and without any
special hearing, but since the two ordinances are designed to complement
each other their enactment should be coordinated.
Respectfully submitted,
ohn R. Klaus
City Attorney
JRK/mlp
cc: J. Elwell
P. Switz
A. E. Siedelmann
A. Chantland