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HomeMy WebLinkAboutA004 - proof of publication dated August 29, 1986 Proof of Publication in The AMES DAILY TRIBUNE LEGAL NOTICE STATE OF IOWA, STORY COUNTY, ss. ORDINANCE NO. 2959 AN ORDINANCE TO AMEND THE MUNICI- , Dale R. Culver, PAL CODE OF THE CITY OF AMES, IOWA, BY REPEALING SECTIONS 29.6, on oath depose and say that I am �* pro . 29.45, 29.49, 29.50, 29.71, 29.72, AND duction foreman of the AMES DAILY TRIBUNE, a SUBSECTIONS, .24(4),2029025(3)29 9(25(4), daily newspaper, printed at Ames, Story County, 29.26(2)(e), 29.26(3), 29.47(2)(a), Iowa;that the annexed printed 29.47(2)(b), 29.47(4), 29.51(3), 29.76(l)(a), AND ENACTING NEW SEC- Ames Clty Ordinance #2959 TIONS 29.6, 29.45, 29.49, 29.50, 29.71, 29.72, AND SUBSECTIONS 29.20(20), 29.23(4), 29.24(2)(b), 29.24(3), 29.24(4), 29.25(3), 29.25(4), 29.26(2)(e), 29.26(3), 29.47(2)(a), 29.47(2)(b), 29.47(4), 29.51(3), 29.76(1)(a), FOR THE PURPOSE OF AMENDING THE ZONING CODE; REPEALING ANY ANp ALL ORDI- NANCES IN CONFLICT THEREWITH TO THE EXTENT OF SUCH CONFLICT, IF was published in said newspaper for ANY; AND, ESTABLISHING AN EFFEC- TIVE DATE Be it ordained by thg City Council for consecutive weeks, the first the City of Ames, Iowa: and the last of said publication was on the Section 1. The Municipal Code of the City, of Ames, Iowa, shall be and is 29 August hereby amended by repealing Sections day of 29.6, 29.49, 29.50, 29.71, 29.72, and subsections 29.20(20), 29.24(2)(b), 29.24(3), 29.24(4), 29.25(3), 29.25(4), 1986. 29.26(2)(e), 29.26(3), 29.47(2)(a), 29.47(2)(b), 29.47(4), .29.51(3), "� �.%lam"`-- `- �. �w�"". ✓-. 2a.76(l)(a), - and enacting. new .sections 29.6, 29.49, , 29.50, 29.71, 29.72, and Sworn to before me and subscribed in my presence subsections 29.20(20), 29.23(4), $a{�{j Dale R. 29.24(2)(b), 29.24(3), 29.24(4), by F3b}�i �X?9b# XaK 29.25(3), 29.25(4), 29.26(2)(e), 29.26(3), Culver. 29.45(l), 29.47(2)(a), 25.47(2)(b), 29.47(4), 29.51'(3), 29.76(1)(a), as 4 September follows: this - day of "Sec.`29;6• CHANGES IN MAP. If, in accordance with the provisions of this -chapter, changes are made in 1986. district boundaries or other matter por- trayed on the Official Zoning Map; such � �`-`� .L-��-¢ .Hoary Public changes shall be made on the Official Zoning Map, and a certified copy of the in and for Story County. amending ordinance shall be attached to or kept with the Official Zoning Map and 283 4 3 the date thereof. No changes of any Fees, nature shall be made in the official zoning map or matter shown thereon except in conformity with the procedures set forth in this chapter. Any unauthorized change a part of the regulations applicable to the of whatever kind by,any person or per- shall deny the zoning and building permits.. affected land. No zoning permit shall be sons shall be considered a violation of The approval of any site plan requir- issued for a use within the scope of such this section. The Official Zoning Map ed by this ordinance shall remain valid list of impermissible uses. shall be reviewed annually by the Depart- for two years after the date of approval, (3) Planning requirements. No building ment of Planning and Housing for com- after which time the site plan shall be permit will be issued in the P-C District pliance to any amendments made by City null and void if the development has not until the development of the land for Council through the past year. been established or actual construction - commercial purposes has been planned for Sec. 29.20. "R-5" (MOBILE HOME) commenced. "Actual construction" shall and the plan for land use approved by DISTRICT - mean the permanent placement of con- the city council. A plan for land use (20) Application and Review Procedure. struction materials has started and is shall include: An application for approval of a plan for proceeding without undue delay. Prepara- (a) A certified topographic survey use and development of the land shall be Lion of plans, securing financial arrange- indicating: Legal description; existing made to the City of Ames by filing an ments, issuance of building .permits, contours; existing utilities; and natural application, in writink, in the office of letting contracts, grading of the proper- and man-made features. The objectives the Department of Planning and Housing ty, or stockpiling of materials on the site of the topographic survey are: for review and recommendation by the shall not constitute actual construction. (i) To provide a clear and accurate Planning & Zoning Commission. The Sec. 29.23(4). SITE PLAN REQUIREMENT. representation of the subject property in recommendation of the Planning & Zoning As required by Section 29.49. , its existing state. Commission will be made in writing to the Sec. 29,24. P-C, PLANNED COMMERCIAL. 0i) To assess the nature and extent of City Council and will include a statement (2)(b) The Planning and Zoning Commission the impacts of the development on the of the evidence, assumptions and reason- with .the assistance of the staff of the land, and on surrounding land and land ing on which its recommendation is based. Departm shall, ent istriot, determine for such of Planning and Housing, uses. Thereafter, the. City Council shall either prior to any area being designated (iii) To provide an accurate legal descrip- approve or deny the plan, and shall make D tion of the subject property for administra- a record of the evidence, findings, and area those uses in the above list which tive purposes. conclusions on which the decision is are thoto have a tendency is have a The topographic survey shall be prepared based. Changes in an approved plan likely at a minimum scale of one inch = one shall be made only if the changes are detrimental impact so as to be impermis- hundred (100) feet and all elevations shall approved after going through the same sible at the site under any condition. be based on City of Ames datum. The application and review process,as the ini- Such impermissible uses shall be reported contour intervals shall be two (2) feet in writing to the city council by the except in cases of excessive sloe where in plan. In the event d any variation P p _in the plan-, as approved by the City planning and zoning commission along with the interval may be five (5) feet. Topo- Council, the Zoning Enforcement Officer a summary of supporting evidence and graphic and utility information is available reasoning. Thereafter, the city council in,the office of the Ames department of may, by affirmative vote of a majority of public works. its whole number; adopt a list of such impermissible uses and such list shall be (b) A site plan indicating: Area to be developed elo en for buildings; parking and (4) Review procedure. The proposec P g; pedestrian and vehicular plan as required in subpart (3) above access nd circulation; finished topo- along with an application form shall b lne landscape plan snail be drawn to a graphy; points of ingress and egress; filed in the Office of.the Department o minimum scale of 1" equals 1001. The location i of all existing and proposed Planning and Housing for review by th Objectives of the Landscape Plan are: utilities ((sanitary sewer, water system, Planning and Zoning Commission. Th (i) To reduce adverse effects upon the storm sewer, gas, telephone, and electri- Planning and Zoning Commission shal subject property and adjacent and nearby cal power); location, size and characteris- make a recommendation, in writing, to th property. tics of identification or advertising signs; City Council. Such recommendation sha: (ii) t To screen unsightly situations, lighting layout, appurtenances, and include a statement of evidence, assump undesirable views and incompatible land intensity of illumination; elevation of tions and the reasoning on which it uses. ' buildings and structures. The objectives recommendation is based. Thereafter, th (ii) To buffer noise and other disturb- of the site plan are: City Council shall either a ing sounds. _ hh approve,or den; � (iv) To provide for shade, (i) To educe adverse effects upon the the plan and shall make a record of the p protection subject property and adjacent and nearby evidence, findings, and conclusions of from elements, and the comfort and con- property. which the decision is based with a venience of people. ppro• '(ii) To control storm water runoff. priate reference to the objectives it A statement of Intent shall be included (iii) To control soil erosion. subparts (3)(b) and (3)(c). with the landscape plan to explain the (iv) Tc screen unsightly situation, Sec. 29.25• GENERAL INDUSTRIAI- methods used to implement the above undesirab a views, and incompatible land DISTRICT (G-I). objectives through the provision of plant uses. (3) Application for Zoning Permit materials and other suitable structures (v) To tuffer noise and other disturbing Whenever any person proposes to develop and features. sounds. redevelop any tract or parcel of land i Minimum Standards 'for Plant Materials: (vi) To promote public safety and adequat, the General Industrial District, he/sh (i) Hardiness suitable to the Ames climate circulation. shall submit a request for site plan apprc and shall be monitored for a period of (vii) To provide adequate utility service. three growing seasons to insure normal to the Office of the Department of Planni growth. All dead materials shall be re- (viii) To provide adequate fire pro- and Housing. Within fifteen (15) day tection. after submittal, the Director shall a pprov v placed within this time period. (ii) Tree yheight A statement of intent shall be included approve with modifications or deny th shall be as minimum ofas6rfeetbin height with the site plan to explain the methods request. ,Upon approval or approval wit used to element the above objectives modifications, a building from ground when planted (ornamental).. issued. II g permit may. b Trees measured by trunk diameter shall through t e planning of the site and the Upon denial, an appeal may b location a d design of structures. be a minimum of 1� inch caliper (shade made to the Zoning Board of Adjustment The site plan shall be The City g trees). prepared at a Y Planning staff will ,assist th minimum scale of one inch = one hundred applicant with the preparation of th zo Standard for Decision. No building/ (100) feet and all elevations shall be application which shall include the followi zoning permit will be issued for any use based on City of Ames datum. Existing information, as applicable: -in the G-I" District if the determination topographic contours shall be shown as (a) A site plan indicating: Areas to b is made by the Director of Planning and solid lines and-proposed contours shall be developed for building, parking and land Housing, exercising independent judg- shown as dashed lines. Cross- sections scaping; pedestrian and vehicular acces [Went, that there is reason to believe that shall indicate elevations of all man-made the proposed use or structure, as pre- structures and relationship to existing sented by the application, will create and proposed site elevations. nuisance in terms of diminished air qualit (c) A landscape plan indicating: Loca- smoke, noise, toxic matter, odor,'vibr� tion, size, and description of all proposed and circulation; finished topography; lion, glare, sewage waste, heat or othe and existing plant materials; existing points of ingress and egress; location of■ condition detrimental to the public heal plant materials to be removed; existing all existing and proposed utilities (sanitary and safety or reasonable use, enjoyme: plant materials to be retained; areas to be sewer, water system, store sewer, gas, and value of other properties; or, dimi- telephone, and electrical power); and ish the quality or quantity of any utiliy developed for buildings, parking, streets, and landscaping. The objectives of the elevations of buildings and structures. service presently provided by the City,f landscape plan are: - Proposed signs shall conform to any city Ames. Furthermore, no building/zoni!g (i) To reduce adverse effects upon the ordinance, provisions which pertain to permit shall be issued unless there is subject property and adjacent and nearby signs. compliance with all other ,applicable city, property. The. objects of the site plan requirements, state and federal regulations. (ii) To screen unsightly situations, are: .Sec. 29.26. P-I, PLANNED INDUSTRIAL undesirable views and incompatible land (i) to reduce adverse effects upon the DISTRICT. uses. subject property and adjacent and nearby (2)(e) A financial report indicating: (iii) To buffer noise and other disturb- property. Evidence of financial resources to ensure ing sounds (ii) to control store water runoff. satisfactory completion of the ,proposed (iv) To provide for shade, protection (iii) to control soil erosion. development, including bond or cash from the' elements, and the comfort and (iv) to control air pollution. I escrow to guarantee satisfactory perfor- convenience of people. (v) to screen unsightly situation, undesiril mance of the provisions of the site and A statement of intent .shall be included able views, and incompatible land uses. landscape plan in- a sum established by with the landscape plan to explain the (vi) to buffer noise and other disturbing the Director of Planning and Housing. methods used to implement the above sounds. (3) Application and Review Procedure. objectives through the provision of plant (vii1 to promote public safety and adequate The plan as required by Section 29.26(2) materials and other suitable structures circulation. along with an application shall be filed in and features, (viii) to provide adequate,utility service. the office of, the Department of Planning The landscape plan shall be.drawn to a (ix) to provide adequate fire protection. and Housing for review by the Planning minimum scade of one inch = one hundred A statement of intent shall be included and Zoning Commission. The recommen- (100) feet and shall identify existing with the site plan to explain the methods dations of the Planning and Zoning plant materials to be removed, existing used to implement the above objectives Commission will be made in writing to the plant materials to be retained, and pro- through the planning of the site and the City Council and will include a statement posed plant materials. Variety, size, and location and design of structures. The of the evidence, assumptions and reasoning quantity shall be included in a schedule site plan shall be prepared at a minimum on which its recommendation is based. of plant materials.to be included on the scale of 1" equals 100' and all elevations Thereafter the City Council shall either landscape Jan. Because some plant shall be based on City of Ames datum. approve or deny approval/of the plan, materials a at times unavailable, alter- Existing topographic contours shall be and shall make a record of the evidence, native pla t materials should also be shown a5 solid lines and proposed con- findings and conclusions on which its listed. tours shall be' shown "as dashed lines. decision is based. Changes in an approved Minimum st ndards for plant materials. Cross sections shall indicatg elevations of plan may be made only if approved pur- (a) All plant materials shall be of a all man-made structures and-relationship suant to the same application and review hardiness suitable to the Ames climate. to existing and proposed elevations. process as established for approval of an (b) Trees--Trees measured by height (b) Use Analysis. initial plan. shall be a .minimum of 6 feet in height A use analysis report shall be pre- Sec. 29'.45. SPECIAL USE PERMITS. from groun when planted (ornamental). pared by the applicant and shall include, (1) Intent and Purpose. Rather than Trees measured by trunk diameter shall for evaluation by the staff,the following: permitting all of the many and varied land be a minimum of 1' inch caliper (shade (i) ,approximate number of employees. use activities within individual and limited trees). (ii) approximate utility needs and effect zoning districts, it is the intent of this (c) Plant materials used for screening upon existing systems, e.g.: Water chapter to provide a set of.procedures purposes shall provide effective screening service, Sanitary sewer service, Electricity, and standards for a limited number and by the third growing season. Storm sewer, Solid Waste Disposal specified uses of land or structures that (d) A fina cial report indicating: Evi- (iii) possible nuisance factors and means will allow, on one hand, practical•latitude dence of f ancial resources to assure for alleviating those factors, that is: for the investor or developer, but that satisfactory completion of the proposed Noise, Odor, Smoke, dust or fumes, will, at the same time, maintain sound development including bond or cash Vibration, Heat, Other provisions for the protection of the health, escrow to guarantee satisfactory per- (c) A Landscape Plan Showing: Loca- safety, convenience and general welfare. formance of the provisions of the site and Lion, size and description of all proposed This section permits detailed review of landscape plans in a sum established by and existing plant materials; existing plan certain types of land use activities which, the city manager. materials to be removed; existing plant because of their particular and unique All information shall be submitted to, the materials to be retained; areas to be characteristics, require special considera- Department of Planning and Housing. developed for buildings, parking, streets, tion in relation to the welfare of adjacent The Director of the Department 'of and landscaping. . Because some plan properties and to the community as a Planning and Housing shall have the materials are at times unavailable, alterna- whole. Land and structure use posses- authority to waive some or all require- tive plan materials should also be listed. sing'these characteristics may be autho- ments where the nature of the develop - rized within, certain zoning districts by mentor plan revisions proposed is such the issuance of a special use permit. that a full ubmittal of all plannin ra-' The Zoning Board of Adjustment, after quire—n— � g..-- a public hearing, and 'after receiving a recommendation from the Planning and Zoning Commission, and subject to such (a) General Standards. The Planning and oe granted to the Planning and Zoning protective restrictions as may be imposed, Zoning Commission and Zoning Board of Commission for review and recommenda- may authorize the location, construction, Adjustment shall review each application tion. All technical assistance to the extension or structural alteration of any for the purpose of determining that each of the following buildings or uses or an proposed use ets the followingstandards Planning and Zoning Commission on the increase in height in any appropriate and, in addition, shall find adequate application shall be coordinated by the district: evidence that each use on its proposed Department of Planning and Housing. (a) Airport, landing field or landing location will: p p The application shall include,the following strip. written and visual materials: W Be harmonious with and in accordance (i) A written statement concerning the with Broadcasting towers, radio or T.V., eneral with or, with the without broadcasting station. g Principles and proposals - proposed development, including the of the Land Use Policy Plan of the City of nature of the project, proposed land (c) Private community building or recrea- Ames. uses, building tion center. g types, density ranges, (d) Institutions of a philanthropic or (ii) Be designed, constructed, operated, conformance with the Land Use Policy eleemosynary character, and maintained so as to be harmonious Plan, and cescription of the open space (e) Day care centers.. and appropriate in appearance with the and recreational system. (f) Private clubs, existing or intended character of the (ii) A site development plan containing (g) Extraction of topsoil, general vicinity and that such a use will the following: p gravel, sand, or other natural resources except that in not change the essential character of the a. Legal description of the total site any such operation, there shall be a area in which it is proposed. being developed along with the name(s) of restoration plan filed with the City, (iii) Not be hazardous or disturbing,to the owner(s) and seal of the registered Ames which plan shall contain the following, existing or future uses in the same general land surveyor making the plat. g, vicinity and will be a substantial improvement b. A topographical surveyof the site at theA physical restoration plan showing an interval of not more than five 5) the condition and proposed contour of the to property in•the immediate vicinity and ( land after restoration, plantings, and to the community as a whole. feet, unless characteristics of,the site other special features of the restoration (iv) Be served adequately by essential indicate a greater or shorter interval and the method by which such restoration public facilities and services as highways, appears appropriate. is to be accomplished. streets, police, fire protection, drainage C. Dimensions and bearings of external structures, ref di Property boundaries. bond, bond,, agreement with the City and a use disposal, water and written by a licensed surety companl sewage facilities, or schools. d. The location of all existing structures, a certified check or other financial guarant, (v) Not create excessive additional require- easements, utilities, proposed utilities, satisfactory to the City Attorney in an ments at public cost for public facilities and public dedicatiSns either contained amount sufficient to secure the performance and services. upon or adjacent to the site. of the restoration agreement. (vi) Not involve uses, activities, processes, e. The existing and proposed public (2) Procedures. An application for a materials, and equipment or conditions of and/or private street and sidewalk-system. Special Use Permit shall be submitted and operation that will be detrimental to any - f• A statement of quantitative data includ- processed through the following procedure: person, property or general welfare by ing total number and types of structures (a) Submission Application. reason of.excessive production of traffic, to be constructed on the site, individual apent , g noise, smoke, fumes, or odors. parcel sizes, lot coverages,tion shall be submitted to the Department gross residential densities, areas reser ed for of Planning and Housing on forms provided (via) Be consistent with the intent and open s Purpose a the zoning district in which it P pace and recreation, and off-street by that office. Each application shall be is proposed to locate such use. parking areas. accompanied by, a fee as established by the City Council. No part of the fee (b) Conditions and Safeguards. The (iii) Site supporting information to include, shall be refundable. Zoning Board of Adjustment may impose as appropriate: (b) Data Required. Each application such additional conditions and safeguards a. Any water course areas shall be accompanied by the following deemed necessary for the general welfare, b. Unique natural features information and data: for the protection of individual property C. Unique historical sites (i) The form filled out in full by the rights, and for insuring that the intent d. General vegetation cover applicant including a statement of support- and objectives of this chapter will be e. Soil suitability ing evidence that the general and specific observed. (iv) A landscape plan delineating the standards as delineated in this section Sec. 29.47 PLANNED RESIDENTIAL Proposed treatment of the site. The plan will be fulfilled. UNITS AUTHORIZED; CONDITIONS. shall be supplemented with a written (ii) Site plan, plot plan, or aeveiupmeut w2)(a) Prp-application Conference. Prior Statement of Intent' of the plan and how plan drawn to scale of the property o any application for PUD plan approval, the intent is to be realized. contact shall be made with the Department (v) Representative floor plans and exterior If Planning and Housing for a pre-application1a) elevations of proposed structures and :onference. It is advised that the conferencfbuildings. iccur prior to any extensive financial (4) Changes in approved plan. Changes involved showing the location of all abut- expenditure on the part of the developer. of a minor nature may be authorized in an ting streets, the location of all existing the purpose of the meeting is to inform approved plan by the Director of Planning and proposed structures and their uses appropriate City staff on the proposed and Housing. However, any proposed and the location of all above ground development and to inform the developer change of a major consequence is only development both existing and proposed. about various City ordinances, applicani- authorized by City Council upon recom- (iii) Preliminary plans and specifications lity of the proposed development, timing mendation by the Planning and Zoning of the development and for all construe- of procedure, and an of er Commission. p y }� pertinent Ma'or changes shall include: Lion, as applicable. information appropriate to the proposal. 1 (c) Planning and Zoning Commission To this end, the developer Nonconformance to the original Review and Hearing. The application, approved overall statement of intent: along with all required data shall be must outline the proposal in schematic transmitted to the Planning and Zoning Poses. Areas and/or written form for discussion include, but are not Commission for review and recommendation. consideration include, limited to: Such review by s the Commission shall be (b) Any increase in density, at a regular scheduled meetin After (i) General discussion of project, building and/or types Y, numbers, types, timing of development of dwelling units; the hearing, the Planning and Zoning (ii) Proposed land uses and density (c) Nonconformance to 'the original Commission shall submit a written recom- P y approved overall statement of intent of mendation within 30 days to the Zoning ranges the landscape (iii) Conformance to Land Use Policy Plan P plan; Board reasons o for Adjustment acceptance,settin denial,forth toe he (iv) Utility and street arrangements and change change in maximum height or g in location of structures or buildings. patterns modification of the application. (v) Proposed open space and recreational If any proposed change is questionable (d) Zoning Board of Adjustment Action. whether it is of major or minor conse- After the transmittal of the recommenda- facilities, and review of natural amenities tion from the Planning & Zoning Commission, la be preserved such n hill forms,, wet by the such determination shall be made lands, wooded areas, and water courses. b Y Council. A PUD plan runs the Zoning Board of Adjustment shall Subsequent to the meeting, the developer with the land and is binding on an consider the application at its regular all interested Y and meeting. Notification of the will be furnished, as .appropriate, with parties from and after the public hearing shall be published any comments regarding including recommendations to the meeting time a PUD is approved. No permits will in a newspaper of inform and be issued that are contrary to the approved general circulation in the City at least 7 assist the developer in the processing of PUD plan until the owners of the property days prior to 'the date of the hearing, the proposed plan. No oral, written or have amended the PUD plan, and the The Zoning Board of Adjustment may schematically illustrated statements made amendment has been approved by the City approve, deny, or modify the special use during the course of the conference shall Council, or the property Permit application. be held as legally binding, The Ames remove the PUD overlay. is rezoned [o (e) Permit Expiration. A Special Use City Council is the only authorized Sec. 29.49. SITE PLANS REQUIRED. Permit shall be valid for a period of 365 (1) Statement of Intent. It is the intent days from. the date of issuance of said approval body, upon recommendation of and ur permit. If construction has not commenced the Planning and Zoning Commission. rocedureos of this ll Section enableto eta lisp a (b) Application fo^ PUD Plan Approval. p y and proceeding meaningfully toward After the pre-application conference, government to plan for and review certain completion by the end of this period, the application(s) for PUD lan a Proposed im p approval shall P provements of property within Chief Building Official shall notify the be made to the City of Ames on forms zontng districts R-3, R-4, G-C, H-M and said permitapplicant . ,writing of the expiration, of p y the Department of Planningreview f requirements ui City. The site planning provided b p (3) Basis for Determinations. Before a and Housing. The City Planning and q•rements of this article are Special Use Permit application can be Zoning Commission shall review the PUD designed to insure the orderly and har- approved, it shall be es ablished that the plan and make a recommendation to the monious development of such property in a manner that shall: following general standards, as well as City Council within 60 days of the filing (a) Promote the most beneficial relation the specific standards outlined in each of the application in the office of the a Department of Planning and Housing. between the uses of land and the circula- ppsfied, portion of this section shall be Lion of traffic throughout the City; satisfied. Upon written request and approval by the g City Council, an additional 60 days may (b) Permit development to an amount kD) 'i'ne proposed development shall he commensurate with the availability and designed and located within the property shall not approve any parking lot land- capacity of public facilities and services; in such manner as not to unduly diminish scape plan submitted to it pursuant to (c) Encourage adequate provision for or impair the use and enjoyment of adjoin- this section unless it conforms to the surface and subsurface drainage; and ing property, and to this end shall mini- requirements of this section. (d) Provide suitable screening of parking, mize the adverse effects on such adjoining (b) Parking lot landscape plans shall be truck loading, refuse, disposal, and properties from automobile headlights, .prepared -and submitted in accordance _ .outdoor storage areas from adjacent illumination of required perimeter yards, with these provisions and the provisions residential districts. refuse containers, and impairment of light contained in "Required Information"1. (2) Procedure. Whenever any person and air. For purposes of this section, under Site Plans Required, Section 29.49 the term "use and enjoyment of adjoining proposes to develop/ redevelop any tract of this chapter. or parcel of land in any of the above- property" shall mean the use and enjoy- (c) Parking lot landscape plans submitted named zoning districts, that person shall ment presently being made of such adjoin- pursuant'to this article shall be drawb to . submit to he Department of Planning and ing property, unless such property is scale, including dimensions and distances, Housing application for site plan vacant. If vacant, the term "use and and clearly delineate the existing and approval. enjoyment of adjoining property" shall proposed parking spaces, or other vehic- (3) All required information shall be mean those uses permitted under the ular-use area, access aisles, driveways, submitted to the Department of Planning zoning district in which such adjoining and the location, size, and description of and Housing for review and processing property is located. all existing and proposed landscape materi- and an application shall not be processed als. (c) The proposed development shall have until all necessary information is sub- such entrances and exits upon adjacent (d) Parking Lot Landscaping Design mitted. Within fifteen (15) days after streets and such internal traffic circula- Criteria. All parking lot landscaping submittal, the Director of Planning and tion pattern as will not unduly increase shall be of such quality as to improve and Housing shall, in a written decision congestion on adjacent or surrounding enhance the site and its surrounding stating findings of fact and conclusions areas. public streets. pertaining Ito the above standards, approve, (d) To such end as may be necessary and (e) The primary landscaping materials, approve with,modifications, or deny the proper to accomplish the standards in used in parking lots shall be trees which request. Upon approval,or approval with paragraphs 1, 2, and 3 above, the pro- provide shade or are capable of providing , modifications, a building permit may be posed development shall provide fences, shade at maturity. Shrubbery, hedges, i-i Aiiv nerson a'eerieved by a walls, screening, landscaping, erosion and other live planting material may be decision to grant or deny a permit may control or other improvements. used to complement the tree landscaping appeal to he Zoning Board of Adjustment but shall not be the sole contribution to (e) All electrical, telephone, and cable whereupon said Board shall decide the the landscaping. Effective use of earth television transmission systems shall be P g• matter anew on the evidence and argu- placed underground whenever reasonably berms and existing topography _is- _also ments presented to it and in accordance encouraged as a component of the'land with the standards set out above. practicable. Required Information. Plans which are (5) Validity of Approval. A site plan scape plan: submitted for review shall be drawn to an shall become effective upon certification of (f) The landscaping the planting areas appropriate scale and shall include as a approval by the Director of Planning and shall be reasonably dispersed throughout Housing. the parking lot, minimum the following items of information, unless oth rwise waived by the Director preparation, north point, and The approval of any site plan required by ing The interior dimensions of any plant- unless of Planning and Housing: � this section -shall remain valid for two ng area or pla�pting .median shall be (a) Date o years after the date of approval, after sufficient to protect the landscaping le. i which time the site plan shall be deemed materials planted therein and.to insure scale. Legal description and address of the null and void if the development has not proper growth. property to es developed. been established or actual construction (h) In those instances where plant material (c) Name j and address of .the record commenced. For the purpose of this exists on a`parking lot site prior to its owner, the applicant, and the article "actual construction" shall mean development, such lanascape maLeri a may property o person(s) firm preparing the site plan. that the permanent placement of construc- be used if approved as meeting the require (d) Zoning district. Lion materials has started and is proceed- ments of this chapter.' (e) Existing and proposed contours at an ing 'Without undue-delay. Preparation of be approved Planting for ruse in any p materials shall interval not to exceed two feet, provided plans, securing 'financial arrangements, PP y parking lot that at least two contours shall be shown. isauance of building permits, letting of landscaping plan, that have been judged (f) Existing and proposed utility lines contracts, grading ,of property, or stock- unsuitable for such use in Ames by the and easements. piling of materials on the site shall not Department of Planning and Housing. (g) Total umber and types of buildings constitute actual construction. The following are minimum standards: proposed; roposed uses for all buildings; (6) Violation. ' Construction or other (a) All plant materials shall be of a total floor rea of each building; and any activities contrary .to the approved plan, hardiness suitable to the Ames climate., or in the absence of an approved plan, (b) Trees - other information which may be necessary shall be'a violation of this section. Trees measured by height shall be a to determine the number of off-street Sec. 29.50. LANDSCAPING REQUIREMENTS minimum of 6 feet in height from ground parking and loading spaces required by FOR PARKING LOTS when planted. (ornamental) the zoning regulations. (h) Location, shape, exterior dimensions., this Statement of Intent. The objective to Trees measured by trunk diameter shall and number of stories of each existing this provision is to protect and promote be a minimum of 1'� inch caliper. (shade g .the public health, safety, and general trees) building to. be retained and of each pro- posed buII welfare by requiring- the landscaping of (c) Plant materials used for screening• required (i) All required yard setbacks. parking lots in such a manner as will purposes shall provide effective screening (j) Location, grade, and dimensions of all serve to reduce the effects of wind and by the third growing season. existing and proposed_paved surfaces and air turbulence, heat and noise, and the (5) Peripheral Coverage Requirements. all abutting streets. glare of automobile lights; to preserve Peripheral landscaping shall be required of 'of ground water strata; to act as a natural along any side of a parking lot of 16 or ing plan, showing the location and dimen-Complete traffic circulation and park- drainage system and ameliorate storm more spaces that abuts adjoining property signs of all existing and proposed parking water drainage problems; to reduce the that is not a right-of-way. stalls, leareas, entrance and exit level of carbon dioxide and return pure (6) Street Frontage Planting Requirements. loading oxygen to the atmosphere; to prevent soil Landscaping shall be required along any drives, pedestrian access and walkways, erosion; to conserve and stabilize property side of a parking lot of 16 or more spaces transit access and loading areas, bicycle values and to otherwise facilitiate the that abuts the right-of-way of any street, lanes, dividers, planters and other similar creation of a convenient, attractive and road, or highway. improvements. - harmonious community; to relieve the (7) Maintenance. The owners and theiw (1) Location and type of any existing and agencies shall be responsible for providing., proposed signs; and of any existing or protecting, and maintaining all landscaping proposed lighting on theproperty which in health and growing condition, replacing illuminates any part of the required yard. blighted appearance of parking lots; and it when necessary, and keeping it free of (m) Location of existing trees 6" or to generally preserve a healthful and refuse and debris. larger in diameter, any rock outcrops, pleasant environment. (8) Performance Guarantee. Bond or landslide areas, springs and streams and.' (2) Definitions, cash escrow in a sum established by the other water bodies, and any areas subject (a) Landscaping Tree. Any self-support- Director of Planning and Housing shall be to flooding. ing conifer or .deciduous- plant which provided to guarantee satisfactory perfor- (n) Location, amount and type of any usually produces one main trunk, and a mance of the provisions of the site and proposed landscaping, fences, walls, or more or less distinct and elevated head landscape plans. other screening as required by the zoning with many branches. (9) Appeals. Any person aggrieved by a regulations. (b) Shrub. A woody plant that usually decision of the Director of Planning and (o) Soil tests and similar information if remains low and produces shoots or Housing, made pursuant, to this section deemed necessary by the Department of trunks from the base; it is not usually may appeal such decision to the Zoning- Planning and Housing to determine the tree-like nor single-stemmed.' Board of Adjustment in accordance with -tanr ha;r.• n£_the nrongserl development (c) Parking Lot. An area not within a the provisions of Sec. 29.64 of this safeguard the public's health, safety, and building or other structure where motor chapter. general we are. vehicles may be stored for the purpose.of Sec. 29.51. ENVIRONMENTALLY (a) The dsign of the proposed develop- temporary, daily, or overnight off-street SENSITIVE AREA OVERLAY ment shall make adequate provisions for parking. This definition shall include (3) Studies. The staff of the Department surface andt subsurfacedrainage, and for motor vehicle displays or storage lots, of Planning and Housing and the Planning connections to water and sanitary sewer (3) Parking Lot Landscaping Plan. and Zoning Commission are authorized and lines, so as to neither over existing (a) No parking lot of 16 or more spaces expected to conduct studies to evaluate, public utility lines nor increase the danger shall be constructed, enlarged or recon- areas in terms of environmental sensitivity Of erosion, flooding, landslide, or other structed -(excluding, repaving) in Ames as a part of. the continuing process of endangerment of adjoining or su/rounding until a parking lot landscape plan for that maintaining a current comprehensive land property. use plan for the City. Additionally, lot has been approved by the Director of Planning and Housing. At least ten .studies done by or for other governmental percent of the parking lot will be devoted or private parties may be adopted for the to.landscaping features. The department Purpose of this section. . Sec. 29.71. 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 amend- ment, supplement or change in any of the provisions of this chapter applicable to such area, they may file a petition in the Department of Planning and Housing 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 boundaries of the said area; and, 'the names and ad- dresses of all the owners of record in the Office of the County Auditor 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 be transmitted immediately to the Planning and Zoning Commission for investigation ano 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 ninety (90) days thereafter. ` Sec. 29.72. FEE FOR PETITIONS. All petitions for amendments filed in the Department of Planning and Housing shall be accompanied by a filing fee as pre- scribed•by-resolution of the City Council, payable to the City of Ames, Iowa, to cover the costs of publishing notice of the proposed amendment and other inciden- tal expenses. No refund shall be made of said fee or any part thereof. - Sec. 29.73. VOTE REQUIRED' WHEN AMENDMENT PROTESTED. If a written protest against any proposed amendment, supplement or change has .been filed with the City Clerk, signed by the owners of twenty percent (209.) or more of the area of the lots included in the proposed amendment, supplement or change or by the owners of 20% or more of the property which is located within 200 feet of the ex€erior boundaries of the .property for which the amendment, supple- ment or change. is proposed, such amend- ment, supplement or change shall not become effective except by favorable vote of at least three-fourths (3/4) of all members of the City Council. Sec. 29.76. SPECIAL REGULATIONS FOR SALVAGE YARDS. (1)(a) A salvage ,yard as defined in section 29.2 (18) is prohibited anywhere except in the G-1, General Industrial dis- trict. Such salvage yard shall be autho- rized only by a Special Use Permit issued after a public hearing by the 'Zoning Board of Adjustment. Such Permit shall be issued in accord with the procedures set out in 29.45 and shall be subject to such protective conditions that .may be warranted by the nature of the salvage operation. A salvage yard operation is also subject to all the submittal and approval requirements as set out in Section 29.25, the "General Industrial District (G-I)"." Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict, if any. Section 3. This ordinance shall be in full force and effect from and after its pas- sage and publication as required by law. Passed this 19th day of ,August, 1986. F. Paul Goodland, Mayor Nancy Gibbons, City Clerk Published in The Ames Daily Tribune August 29,1986.