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HomeMy WebLinkAbout~Master - Regulating Parking of Vehicles in Front Yards ORDINANCE NO. 2926 AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA BY REPEALING SECTIONS 29.43 AND 18. 15 THEREOF AND ENACTING NEW SEC- TIONS 29.43, 29.79 AND 18.15 TO REVISE ZONING AND PARKING REGULATIONS PERTAINING TO PARKING OF VEHICLES IN FRONT YARDS; REPEALING ALL ORDI- NANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH TO THE EXTENT OF SUCH CONFLICT; PROVIDING A PENALTY; AND ESTABLISHING AN EF- FECTIVE DATE BE IT ENACTED by the City Council for the City of Ames, Iowa, that: Section One. The Municipal Code of the City of Ames, Iowa shall be and is hereby amended by repealing Sections 29.43 and 18. 15, and enacting new sections 29.43, 29.79 and 18.15 as follows: "Sec. 29.43. LOCATING PARKING SPACE IN FRONT YARD. (1) The use of the "front yard, as defined in section 29.2(39), for the location of vehicular parking may be permitted in the "G-C", "C-C" and "G-I" Districts, but only if "setbacks" of ten feet from the front lot line and five feet from the side lot lines are maintained and landscaping is installed and maintained within those "setback" areas. Unless a parking lot plan is submitted as part of the development process pursuant to any one of sections 29.25, 29.49 or 29.50, a special parking lot plan to meet the standards of section 29.50, and other sections, shall be submitted to and approved by the Director of Planning and Housing, (to be evidenced by a document signed by both the property owner or owner's agent and the said director), prior to any construction, reconstruction, installation, erection, conversion, altera- tion, addition, enlargement or development of any struc- ture, improvement, feature or aspect of the premises. No building permit, and no zoning permit required by section 29.52, shall be issued until the said plan is submitted and appproved as aforesaid. (a) The provisions of this subsection shall not apply to the use of a front yard for vehicular parking where it is proven by the property owner, by documen- tary evidence or the testimony of disinterested third parties, that such use was lawfully estab- lished prior to the effective date of these regulations. (b) These regulations shall apply to any expansion or increase in the area of the front yard used for parking, even if no other conversion, construction or change to the subject premises occurs. Wherever this subsection applies, the subject parking area shall be so constructed and maintained as to meet the surfacing standards set out in section 29.79. (2) The use of the "front yard", as defined in section 29.2(39), for the location of vehicular parking may be permitted in the "R-3", "R-4", or "H-M" districts, but only if "setbacks" of fifteen feet from the front lot line and ten feet from the side lot lines are maintained with respect to the front yard parking area, and a land- scaped berm is installed and maintained in said "setback" areas. The landscaped berm shall be so designed, constructed and maintained as to help screen from view from the front and sides, any and all motor vehicles parked on the parking lot, in any season of the year. Unless a parking lot plan is submitted pursuant to section 29.49 or 29.50, a special parking lot plan to meet the standards of section 29.50 and this section shall be submitted to and approved by the Director of Planning and Housing, (to be evidenced by a written document signed by both the property owner, or owner's agent, and the said director) prior to any construction, re- construction, installation, erection, conversion, altera- tion, addition, enlargement or development of any struc- ture, improvement, feature or aspect of the premises. No building permit and no zoning permit required by section 29.52 shall be issued until the said plan is sub- mitted and approved as aforesaid. (a) Parking in the front yard pursuant to this subsection " shall be permitted as aforesaid only with respect to a totally new building constructed on the site. Such parking shall not be permitted if there is on the subject premises any building or part of a building that was occupied or used for any purpose whatsoever prior to the effective date of the subsection or prior to the desired establishment or expansion of such front yard parking. (b) This subsection shall apply to any expansion or increase in the area of the front yard used for parking, even if no other conversion, construction or change to the subject premises occurs. Wherever this subsection applies, the subject parking area shall be so constructed and maintained as to meet or exceed the surfacing stan- dards set out in section 29.79. 2 (3) Under no circumstances shall vehicular parking be per- mitted in the front yard of any "S", "R1-10", "R1-6", "R-2 or "112-7" district, except upon a driveway that leads to the side or rear yard, or to an attached garage, or upon a "horse shoe" type driveway that has two termini at separate curb cuts on the same street frontage. Sec. 29.79. SURFACING OF OFF-STREET PARKING AREAS. Off-street parking areas and driveways in any zone shall be established and maintained in accordance with the following minimum improvement standard. (1) Surface material. The following surfacing methods are permitted. Other methods may be used and approved by the Municipal Engineer. (a) Portland Cement Concrete (PCC) -- minimum thick- ness 5" (b) Asphaltic Cement Concrete (ACC) -- minimum thickness 5" (2) The above are minimum standards. Greater thickness shall be used as necessitated by subsoil conditions or the type of vehicles which will be using the parking area. In all off-street parking areas where access will be provided for heavy trucks and transit vehicles, the pavement thickness shall be adequate to accommodate such vehicles. When it is anticipated that transit ser- vice will be extended to sites not presently served, pavement thickness shall be adequate to accommodate transit vehicles. All front yard parking lots authorized pursuant to subsection 29.43(1) or 29.43(2) shall be hard surfaced to the above standards. Sec. 18.15. PARKING IN FRONT YARDS. The parking of vehicles in the front yards of residential structures is prohibited. Any person who parks a motor vehicle in the front yard of a residential structure shall be in violation of this section, provided, however, the aforesaid prohibition shall not apply to the parking of vehicles on driveways and parking areas established pursuant to a properly issued building/zoning permit of the City of Ames. 3 Section Two. Violation of the provisions of this ordinance shall con- stitute a misdemeanor, and shall be punishable by a fine not to exceed one hundred dollars, or by imprisonment not to exceed thirty days. Section Three. All ordinances or parts of ordinances in conflict here- with are hereby repealed to the extent of such conflict, if any. Section Four. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this 18th day of June 1985. AaA--. Nancy Gibbo , City Clerk Mary Ather Mayor Pro Tem 4