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HomeMy WebLinkAbout~Master - Amending Zoning Ordinance t r ORDINANCE NO. 2959 AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY REPEALING SECTIONS 29.6, 29.45, 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), 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), AND ENACTING NEW SECTIONS 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 AND ALL ORDINANCES IN CONFLICT THEREWITH TO THE EXTENT OF SUCH CONFLICT, IF ANY; AND, ESTABLISHING AN EFFECTIVE DATE Be it ordained by the City Council for the City of Ames, Iowa: Section 1. The Municipal Code of the City of Ames, Iowa, shall be and is hereby amended by repealing Sections 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), 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), and enacting new sections 29.6, 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), 29.45(1), 29.47(2)(a), 29.47(2)(b), 29.47(4), 29.51(3), 29.76(1)(a), as follows: "Sec. 29.6. CHANGES IN MAP. If, in accordance with the provisions of this chapter, 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 chapter. 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 Planning and Housing for compliance to any amendments made by City Council through the past year. Sec. 29.20. "R-5" (MOBILE HOME) DISTRICT (20) Application and Review Procedure. An application for approval of a plan for use and development of the land shall be made to the City of Ames by filing an applica- tion, in writing, in the office of the Department of Plan- ning and Housing for review and recommendation by the I t Planning & Zoning Commission. The recommendation of the Planning & 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 recom- mendation is based. Thereafter, the City Council shall either approve or deny the plan, and shall make a record of the evidence, findings, and conclusions on which the decision is based. Changes in an approved plan shall be made only if the changes are approved after going through the same application and review process as the initial plan. In the event of any varia- tion in the plan, as approved by the City Council, the Zoning Enforcement Officer shall deny the zoning and building permits. The approval of any site plan required by this ordinance shall remain valid for two years after the date of ap- proval, after which time the site plan shall be null and void if the development has not been established or actual construction commenced. "Actual construction" shall mean the permanent placement of construction materials has started and is proceeding without undue delay. Preparation of plans, securing financial arrange- ments, issuance of building permits, letting contracts, grading of the property, or stockpiling of materials on the site shall not constitute actual construction. Sec. 29.23(4). SITE PLAN REQUIREMENT. As required by Section 29.49. Sec. 29.24. P-C, PLANNED COMMERCIAL. (2) (b) The Planning and Zoning Commission, with the assistance of the staff of the Department of Planning and Housing, shall, prior to any area being designated as a P-C District, determine for such area those uses in the above list which are likely to have a tendency to have a detrimental impact so as to be impermissible at the site under any condition. Such impermissible uses shall be reported in writing to the city council by the planning and zoning commission along with a summary of supporting evidence and reasoning. Thereafter, the city council may, by affirmative vote of a majority of its whole number, adopt a list of such impermissible uses and such list shall be a part of the regulations applicable to the affected land. No zoning permit shall be issued for a use within the scope of such list of impermissible uses. 2 (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 description; existing contours; existing utilities; and natural and man-made 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 subject property for administrative purposes. The topographic survey 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. The contour intervals shall be two (2) feet except in cases of excessive slope where the inter- val 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 buildings; parking and landscaping; pedestrian and vehicular access and circulation; finished topo- graphy; points of ingress and egress; location of all existing and proposed utilities (sanitary sewer, water system, storm sewer, gas, telephone, and electrical power); location, size and characteristics of identification or advertising signs; lighting layout, appurtenances, and intensity of illumination; elevation of buildings and structures. The objec- tives of the site plan 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. 3 f (iv) To screen unsightly situation, 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. Existing topographic contours shall be shown as solid lines and proposed contours shall be shown as dashed lines. Cross- sections shall indicate eleva- tions of all man-made structures and relationship to existing and proposed site elevations. (c) A landscape plan indicating: Location, size, and description of all proposed and existing plant materials; existing plant materials to be removed; existing plant materials to be retained; areas to be developed for buildings, parking, streets, and landscaping. 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. (iv) To provide for shade, protection from the elements, and the comfort and convenience of people. A statement of intent shall be included with the landscape plan to explain the methods used to implement the above objectives through the pro- vision of plant materials and other suitable struc- tures and features. 4 ' L f The landscape plan shall be drawn to a minimum scale of one inch = one hundred (100) feet and shall identify existing plant materials to be re- moved, existing plant materials to be retained, and proposed plant materials. Variety, size, and quantity shall be included in a schedule of plant materials to be included on the landscape plan. Because some plant materials are at times unavail- able, alternative plant materials should also be listed. 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 minimum of 6 feet in height from ground when planted (ornamental). Trees measured by trunk diameter shall be a minimum of 11� inch caliper (shade trees). (c) Plant materials used for screening purposes shall provide effective screening by the third growing season. (d) 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 plans in a sum established by the city manager. All information shall be submitted to the Department of Planning and Housing. The Director of the Department of Planning and Housing shall have the authority to waive some or all requirements where the nature of the development or plan revisions proposed is such that a full submittal of all planning requirements would not be reasonable. (4) Review procedure. The proposed plan as required in subpart (3) above along with an application form shall be filed in the Office of the Department of Planning and Housing for review by the Planning and Zoning Commission. The Planning and Zoning Commission shall make a recommendation, in writing, to the City Council. Such recommendation shall include a statement of evidence, assumptions and the reasoning on which its recommendation is based. Thereafter, the City Council shall either approve or deny the plan and shall make a record of the evidence, findings, and conclusions on which the decision is based with appropriate reference to the objectives in subparts (3)(b) and (3)(c). 5 Sec. 29.25. GENERAL INDUSTRIAL DISTRICT (G-I). (3) Application for Zoning Permit. Whenever any person proposes to develop/redevelop any tract or parcel of land in the General Industrial District, he/she shall submit a request for site plan approval to the Office of the Department of Planning and Housing. Within fifteen (15) days after submittal, the Director shall approve, approve with modifications or deny the request. Upon approval or approval with modifications, a building permit may be issued. Upon denial, an appeal may be made to the Zoning Board of Adjustment. The City Planning staff will assist the applicant with the prepara- tion of the application which shall include the following information, as applicable: (a) A site plan indicating: Areas to be developed for building, parking and landscaping; pedestrian and vehicular access and circulation; finished topogra- phy; points of ingress and egress; location of all existing and proposed utilities (sanitary sewer, water system, store 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 objects of the site plan requirements are: (i) to reduce adverse effects upon the subject property and adjacent and nearby property. (ii) to control store water runoff. (iii) to control soil erosion. (iv) to control air pollution. (v) to screen unsightly situation, 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. 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 6 and the location and design of structures. The site plan shall be prepared at a minimum scale of 1" equals 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 indicate elevations of all man-made structures and relationship to existing and proposed elevations. (b) Use Analysis. A use analysis report shall be prepared by the applicant and shall include, for evaluation by the staff,the following: (i) approximate number of employees. (ii) approximate utility needs and effect upon existing systems, e.g. : Water service, Sanitary sewer service, Electricity, 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 (c) A Landscape Plan Showing: Location, size and description of all proposed and existing plant materials; existing plan materials to be removed; existing plant materials to be retained; areas to be developed for buildings, parking, streets, and landscaping. Because some plan materials are at times unavailable, alternative plan materials should also be listed. The landscape plan shall be drawn to a minimum scale of 1" equals 1001. The Objec- tives 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. (iv) To provide for shade, protection from elements, and the comfort and convenience of people. 7 A statement of Intent shall be included with the landscape plan to explain the methods used to implement the above objectives through the pro- vision 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 (ornamental). Trees measured by trunk diameter shall be a minimum of 12 inch caliper (shade trees). (4) Standard for Decision. No building/zoning permit will be issued for any use in the "G-I" District if the determina- tion is made by the Director of Planning and Housing, exercising independent judgment, that there is reason to believe that the proposed use or structure, as presented by the application, will create a nuisance in terms of diminished air quality, smoke, noise, toxic matter, odor, vibration, glare, sewage waste, heat or other condition detrimental to the public health and safety or reasonable use, enjoyment and value of other properties; or, dimin- ish 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 there is compliance with all other applicable city, state and federal regulations. Sec. 29.26. P-I, PLANNED INDUSTRIAL DISTRICT. (2)(e)A financial report indicating: Evidence of financial resources to ensure satisfactory completion of the pro- posed 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 Director of Planning and Housing. (3) Application and Review Procedure. The plan as required by Section 29.26(2) along with an application shall be filed in the office of the Department of Planning and Housing for review by the Planning and Zoning 8 Commission. 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. Sec. 29.45. SPECIAL USE PERMITS. (1) 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 chapter 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 posses- sing these characteristics may be authorized within certain zoning districts by the issuance of a special use permit. The Zoning Board of Adjustment, after public hearing, and after receiving a recommendation from the Planning and Zoning Commission, and subject to such protective restrictions as may be imposed, may authorize the loca- tion, construction, extension or structural alteration of any of the following buildings or uses or an increase in height in any appropriate district: (a) Airport, landing field or landing strip. (b) Broadcasting towers, radio or T.V. , with or without broadcasting station. (c) Private community building or recreation center. (d) Institutions of a philanthropic or eleemosynary character. 9 1 (e) Day care centers. (f) Private clubs. (g) Extraction of topsoil, gravel, sand, or other natural resources except that in any such opera- tion, there shall be a restoration plan filed with the City of Ames which plan shall contain the following: (i) A physical restoration plan showing the condition and proposed contour of the land after restoration, plantings, and other special features of the restoration and the method by which such restoration is to be accomplished. (ii) An agreement with the City and a bond, written by a licensed surety company, a certi- fied check or other financial guarantee satis- factory to the City Attorney in an amount sufficient to secure the performance of the restoration agreement. (2) Procedure. An application for a Special Use Permit shall be submitted and processed through the following procedure: (a) Submission of Application. An application shall be submitted to the Department of Planning and Housing on forms provided by that office. Each application shall be accompanied by a fee as established by the City Council. No part of the fee shall be refundable. (b) Data Required. Each application shall be accom- panied by the following information and data: (i) 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. (ii) 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 proposed struc- tures and their uses and the location of all above ground development both existing and proposed. (iii)Prehminary plans and specifications of the development and for all construction, as applicable. 10 (c) 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 recommendation. Such review by the Commission shall be at a 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. (d) 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 circu- lation 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. (e) 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 meaningfully toward completion by the end of this period, the Chief Building Official shall notify the applicant in writing of the expiration of said permit. (3) 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. (a) General Standards. The Planning and Zoning Commission and Zoning Board of Adjustment shall review each application for the purpose of deter- mining that each proposed use meets the following standards and, in addition, shall find adequate evidence that each use on its proposed location will: (i) Be harmonious with and in accordance with the general principles and proposals of the Land Use Policy Plan of the City of Ames. (ii) Be designed, constructed, operated, and maintained so as to be harmonious and appro- priate in appearance with the existing or 11 intended character of the general vicinity and that such a use will not change the essential character of the area in which it is proposed. (iii) Not be hazardous or disturbing to existing or future uses in the same general vicinity and will be a substantial improvement to property in the immediate vicinity and to the community as a whole. (iv) 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. (v) Not create excessive additional requirements at public cost for public facilities and services. (vi) Not involve uses, activities, processes, materials, and equipment or conditions of operation that will be detrimental to any per- son, property or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors. (vii) Be consistent with the intent and purpose of the zoning district in which it is proposed to locate such use. (b) 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 objec- tives of this chapter will be observed. Sec. 29.47 PLANNED RESIDENTIAL UNITS AUTHORIZED; CONDITIONS. (2)(a) Pre-application Conference. Prior to any applica- tion for PUD plan approval, contact shall be made with the Department of Planning and Housing for a pre-application conference. It is advised that the conference occur prior to any extensive financial expenditure on the part of the developer. The purpose of the meeting is to inform appropriate City staff on the proposed development and to inform the developer about various City ordinances, applicabi- lity of the proposed development, timing of proce- dure, and any other pertinent information appro- priate to the proposal. To this end, the developer 12 i r must outline the proposal in schematic 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 (iv) Utility and street arrangements and patterns (v) Proposed open space and recreational facilities and review of natural amenities to be pre- served 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 oral, written or schematically illustrated statements made during the course of the conference shall be held as legally binding. 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-application conference, application(s) for PUD plan approval shall be made to the City of Ames on forms provided by the Department of Planning and Housing. The City Planning and Zoning Commission shall review the PUD plan and make a recommenda- tion to the City Council within 60 days of the filing of the application in the office of the Department of Planning and Housing. Upon written request and approval by the City Council, an additional 60 days may be granted to the Planning and Zoning Commission for review and recommendation. All technical assistance to the Planning and Zoning Commission on the application shall be coordinated by the Department of Planning and Housing. The application shall include the following written and visual materials: (i) A written statement concerning the proposed development, 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. 13 (ii) A site development plan containing the following: a. Legal description of the total site being developed 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. c. Dimensions and bearings of external property boundaries. d. The location of all existing structures, easements, 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 includ- ing 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 appropriate: 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 treatment 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. 14 r (v) Representative floor plans and exterior eleva- tions of proposed structures and buildings. (4) Changes in approved plan. Changes of a minor nature may be authorized in an approved plan by the Director of Planning and Housing. However, any proposed change of a major consequence is only authorized by City Council upon recommendation by the Planning and Zoning Commission. Major changes shall include: (a) Nonconformance to the original approved overall statement of intent; (b) Any increase in density, numbers, and/or types of dwelling units; (c) Nonconformance to the original approved overall statement of intent of the landscape plan; (d) Any change in maximum height or change in loca- tion 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 that are contrary to the approved PUD plan until the owners of the property have amended the PUD plan, and the amendment has been approved by the City Council, or the property is rezoned to remove the PUD overlay. Sec. 29.49. SITE PLANS REQUIRED. (1) 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, H-M and C-C of the City. The site planning review requirements of this article are designed to insure the orderly and harmonious development of such property in a manner that shall: (a) Promote the most beneficial relation between the uses of land and the circulation of traffic through- out the City; 15 (b) Permit development to an amount commensurate with the availability and capacity of public facilities and services; (c) Encourage adequate provision for surface and subsurface drainage; and (d) Provide suitable screening of parking, truck loading, refuse, disposal, and outdoor storage areas from adjacent residential districts. (2) Procedure. Whenever any person proposes to develop/ redevelop any tract or parcel of land in any of the above-named zoning districts, that person shall submit to the Department of Planning and Housing an application for site plan approval. (3) All required information shall be submitted to the Department of Planning and Housing for review and pro- cessing and an application shall not be processed until all necessary information is submitted. Within fifteen (15) days after submittal, the Director of Planning and Housing shall, in a written decision stating findings of fact and conclusions pertaining to the above standards, approve, approve with modifications, or deny the request. Upon approval or approval with modifications, 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 whereupon said Board shall decide the matter anew on the evidence and argu- ments presented to it and in accordance with the standards set out above. Required Information. Plans which are submitted for review shall be drawn to an appropriate scale and shall include as a minimum the following items of information, unless otherwise waived by the Director of Planning and Housing: (a) Date of preparation, north point, and scale. (b) Legal description and address of the property to be developed. (c) Name and address of the record property owner, the applicant, and the person(s) or firm preparing the site plan. (d) Zoning district. (e) Existing and proposed contours at an interval not to exceed two feet, provided that at least two contours shall be shown. 16 (f) Existing and proposed utility lines and easements. (g) 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 regulations. (h) Location, shape, exterior dimensions, and number of stories of each existing building to be retained and of each proposed building. (i) All required yard setbacks. (j) Location, grade, and dimensions of all existing and proposed paved surfaces and of all abutting streets. (k) Complete traffic circulation and parking plan, showing the location and dimensions of all existing and proposed parking stalls, loading areas, entrance and exit drives, pedestrian access and walkways, transit access and loading areas, bicycle lanes, dividers, planters and other similar improve- ments. (1) Location and type of any existing and proposed signs, and of any existing or proposed lighting on theproperty which illuminates any part of the re- quired yard. (m) 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. (n) Location, amount and type of any proposed land- scaping, fences, walls, or other screening as re- quired by the zoning regulations. (o) Soil tests and similar information if deemed necessary by the Department of Planning and Housing to determine the feasibility of the proposed development. (4) Design Standards. The standards of design provided herein are necessary to insure the orderly and har- monious development of property in such manner as will safeguard the public's health, safety, and general welfare. 17 (a) The design of the proposed development shall make adequate provisions for surface and subsurface drainage, and for connections to water and sanitary sewer lines, so as to neither overload existing public utility lines nor increase the danger of erosion, flooding, landslide, or other endangerment of adjoining or surrounding property. (b) The proposed development shall be designed and located within 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 pre- sently 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. (c) The proposed development shall have such entrances and exits upon adjacent streets and such internal traffic circulation pattern as will not un- duly increase congestion on adjacent or surrounding public streets. (d) 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, landscaping, erosion control or other improvements. (e) All electrical, telephone, and cable television trans- mission systems shall be placed underground when- ever reasonably practicable. (5) Validity of Approval. A site plan shall become effective upon certification of approval by the Director of Planning and Housing. 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 construction materials 18 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 stockpiling of materials on the site shall not constitute actual construction. (6) 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. 29.50.LANDSCAPING REQUIREMENTS FOR PARKING LOTS (1) 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, attractive and harmonious com- munity; to relieve the blighted appearance of parking lots; and to generally preserve a healthful and pleasant environment. (2) Definitions. (a) 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. (b) 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. (c) Parking Lot. An area not within a building or other structure 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. (3) Parking Lot Landscaping Plan. (a) No parking lot of 16 or more spaces shall be con- structed, enlarged or reconstructed (excluding repaving) in Ames until a parking lot landscape plan for that lot has been approved by the Director of Planning and Housing. At least ten percent 19 of the parking lot will be devoted to landscaping features. The department shall not approve any parking lot landscape plan submitted to it pursuant to this section unless it conforms to the require- ments of this section. (b) Parking lot landscape plans shall be prepared and submitted in accordance with these provisions and the provisions contained in "Required Information", under Site Plans Required, Section 29.49 of this chapter. (c) 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. (d) Parking Lot Landscaping Design Criteria. All parking lot landscaping shall be of such quality as to improve and enhance the site and its surround- ing areas. (e) 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 land- scaping. Effective use of earth berms and existing topography is also encouraged as a component of the landscape plan: (f) The landscaping the planting areas shall be reason- ably dispersed throughout the parking lot. (g) 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. (h) 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 chapter. (4) Planting Materials. No materials shall be approved for use in any parking lot landscaping plan that have been judged unsuitable for such use in Ames by the Department of Planning and Housing. The following are minimum standards: 20 (a) All plant materials shall be of a hardiness suitable to the Ames climate. (b) 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 12 inch caliper. (shade trees) (c) Plant materials used for screening purposes shall provide effective screening by the third growing season. (5) Peripheral Coverage Requirements. Peripheral land- scaping 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. (6) 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. (7) 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. (8) Performance Guarantee. Bond or cash escrow in a sum established by the Director of Planning and Housing shall be provided to guarantee satisfactory performance of the provisions of the site and landscape plans. (9) Appeals. Any person aggrieved by a decision of the Director of Planning and Housing, made pursuant to this section may appeal such decision to the Zoning Board of Adjustment in accordance with the provisions of Sec. 29.64 of this chapter. Sec. 29.51. ENVIRONMENTALLY SENSITIVE AREA OVERLAY (3) Studies. The staff of the Department of Planning and Housing and the Planning and Zoning Commission are authorized and expected to conduct studies to evaluate areas in terms of environmental sensitivity as a part of the continuing process of maintaining a current compre- hensive land use plan for the City. Additionally, studies done by or for other governmental or private parties may be adopted for the purpose of this section. 21 See. 29.71. PETITION FOR AMENDMENT. Whenever the owners of fifty percent (50 0) 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 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 addresses 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 and report. The City Planning and Zoning Commission shall file its recommendations approving, disapproving or modifying the proposed amend- ment, 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 prescribed 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 incidental 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 (20 0) or more of the area of the lots included in the proposed amendment, supple- ment or change or by the owners of 20 0 or more of the pro- perty which is located within 200 feet of the exterior boun- daries of the property for which the amendment, supplement or change is proposed, such amendment, 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-I, General Industrial district. Such salvage yard shall be authorized only by a Special Use Permit issued after a public hearing by the Zoning Board of Adjustment. 22 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 here- with 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 passage and publication as required by law. Passed this 19th day of August 1986. By PaulGoodlan , Mayor Attest: By Kancy'dibbon, City Clerk 23