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HomeMy WebLinkAboutA007 - proof of publication dated Octoerr 3, 1986 '1 (10) Dwelling Unit. A building or portion thereof designed or used exclusively for LEGAL NOTICE residential occupancy, but not including houses trailers, mobile homes, hotels or ORDINANCE NO. 2962 motels. Proof of Publication in The AN ORDINANCE TO AMEND THE MUNICIPAL CODE (11)`bwelling--single-family. A building OF THE CITY OF AMES, I , BY REPEALING designed for and occupied exclusively by A M E S DAILYTRIBUNE SECTION 29.2, DEFINITIONS, AND ENACTING A one family. NEW SECTION 29.2 TO INCLUDE DEFINITIONS (12) Dwelling--two-family. A building RELATING TO HOME OCCUPATION PERMITS; RE- comprised of two apartments designed for ffALING SECTION 29.10, HOME OCCUPATIONS, occupancy as separate dwelling and house- AND ENACTING A NEW SECTION 29.10, REGULAT- keeping units. Such building shall be LbW HOME OCCUPATIONS; REPEALING ALL ORDI- deemed a two-family dwelling regardless of NANCES OR PARTS OF ORDINANCES IN CONFLICT how many persons,* if any, occupy each HEREWITH TO THE EXTENT OF SUCH CONFLICT, apari'dient, and regardless of any familial STATE OF IOWA, STORY COUNTY, ss. IF ANY; AND ESTABLISHING AN EFFECTIVE DATE or, isental relationships that may exist BE IT ORDAINED by the City Council between the occupants of the two apart- for the City of Ames, Iowa: ments. (Ord. No. 2861, Sec. 28, 10-25-83) 1, FJi�]Gs�,K7�bif }r �iISIX 'a�A Dale R. Culver, Section One. The Municipal Code for (13)-Dwelling--multiple-family. A build- the City of Ames, Iowa shall be and is ing designed for occupancy by more than on oath depose and say that I am c:6it}bt pro- hereby amended by repealing Section 29.2 two (2) families. duction foreman Of the AMES DAILY TRIBUNE, a thereof and enacting a new Section 29.2 as (14) Family. An individual, or two (2) or follows: more..persons related to one another by daily newspaper, printed at Ames, Story County, "Sec. 29.2. DEFINITIONS AND RULES OF CON- blood, marriage, or legal adoption, in- Iowa;that the annexed printed STRUCTION. For the purpose of interpreting cluding foster children, and not more than this chapter, certain words, terms and two (2) roomers; or in the alternative, expressions are herein defined. Words' not more than three (3) unrelated persons. C i ty of Ames Ordinance used in the present tense include the (15) Farm. An area which is used for the - future; the singular number includes ,the grown g of the usual farm products such as #2 9 6 2 plural, the plural includes the singular; vegetables, fruit trees and grain, and the word "shall" is always mandatory. their storage, as well as for raising (1) Accessory building. A subordinatg thereon of the usual farm poultry and farm building, the use of which is incidental animals such as horses, cattle, sheep and to that of the principal building or to swine. The term "farming" includes the the principal use of the premises. An operating of such an area for-one or more accessory use is one which is incidental of the above uses for treating or storing was published In said newspaper for 1 to the main use of the premises. the produce; provided, however, that the (2) _Alteration, structural. Any change in operation of any such accessory uses shall the load bearing members of a building, be secondary to that of the normal farming Consecutive weeks, the first sua as bearing walls, columns, beams or activities, and provided further that girders. The enlargement of the size or farming does not include the feeding of and the last of said publication was on the helght of a•building shall be construed to garbage or offal to swine or other ani- be a structural alteration. mals. 3 (3) Apartment. A room or suite of rooms, (16) lirraternit house' sororityhouse. A day of October with toilet and culinary accommodations, building, otlier than a hotel or motel, 19 0 used or designed for use as a residence by that is occupied as a domicile predomi- O a family, located in a building containing nantly by members, tandidates for member-located in a building devoted primarily to social fraternity or sorority. `'l///��� two (2) or more such rooms or suites or ship, employees and guests of the same /,(- 1� nonresidential use. (17) Garage, private. An accessory build- (4)- Bed-and Breakfast Establishment Any ing or portion of a building used only for Sworn to before me and Subscribed In m presence building or portion thereof containing not the shelter and/or storage of vehicles by by y more than five guest rooms in the R-3 and the occupants of the dwelling, or the ",.'ya, OK, Dale R. R-4 zoning districts and two guest rooms leasing of space as provided herein, Culver. in,;.the S-R, R1-10, R1-6, R-2 and R2-7 including covered space or carport. zoning districts where rent is paid is ^7 gross Ghor floor area. The sum of the this - day Of October money, goods, labor, or otherwise. 4 rose horizontal area of Floors of a maximum of ten guests shall be allowed to building, including interior balconies and stay at a bed and breakfast establishment mezzanines. All horizontal dimensions are in the R-3 and R-4 zoning districts, and to be•ketween the exterior faces of walls. 19 no-more than four guests shall be allowed (19) Guest Room - Room intended, arranged ter,7 to`stay in such establishment in the S-R, or designed,to be occupied or which is R1210, R1-6, R-2, and R2-7 zoning dis- occupied by one or more guests, but whichS�.� Notary Public tricts. no provision is made for cooking and not in and for Not County.(5) Boardinghouse. A lodging or rooming including dormitories, for sleeping pur- for-Story house where meals are regularly served for poses. Residential non-commercial guest compensation to more than three (3) per- rooms shall be within or attached to the Fees, $ 19 2 6.6 sons, not members of the family there principal residence and shall be a part of residing. - the residential utility (sewer, electric, (6) Building. A structure having a roof etc.) service line. supported by columns.or walls for shelter, (20) Home Occupation - Any activity con- support, or enclosure of persons, animals ducted for financial gain or profit in a or chattels. When separated by division dwelling unit, and which activity is not walls from the ground up without openings, generally or customarily characteristic of (b) A lot located at the angle in a each portion of such structure shall be activities for which dwelling units are street where the interior angle formed by deemed a separate building. intended or designed; such activity is the intersection of the street lines is lar distance measured height fin ahstraight dicu- Clearly line dential use of atal or dwelling secondary to resi- one less handred thirty-five degrees (135°) or g (21) Junkyard or salvage ,snd which lot has a frontage of not from the curb level to the hi hest,point y g yard. An open less than twenty-five of the roof beams in the case of flat area on any lot or parcel of land which is y (25) feet on each roofs, and to the average of the height of used for storage, abandonment or keeping the roof in the case of pitched roofs, the of junk, including scrap metals or scrap measurement in all cases to be. taken materials, or for the abandonment or leg of such angle. through the center of the front of the dismantling of machinery, motor vehicles, (26) Lot depth. The distance from the building. Where a dwelling is situated on or other vehicles or parts thereof. front line to the rear lot line. In the ground above the curb level, such height (22) Lodging house. Also called rooming case of a lot of irregular shape, the mean shall,be measured from the level of the house, is a building or portion thereof, depth shall be the lot depth. adjoining ground, at the front building other .,than a hotel or motel, which pro- (27) Lot, interior. An interior lot is wall;.• provided the distance from the vides••iooms for sleeping, and is capable any other lot than a corner lot. building to the street line is not less of eetommodating more than three (3) (28) Lot width. The distance between the than the height of the adjoining ground people., for which rents or fees are side lot lines. In the case.of a lot of above the curb level. Where a dwelling is charged. irregular shape, the mean width shall be on a corner lot and there is more than one (23).Lot. A lot is a parcel of land under the lot width. grade or level, the measurement shall be one ownership on which a principal build- (29) Lot line front. In the case of an taken= from the main entrance elevation. ing and its accessories are or may be interior Lot, abutting on only one street, (8) Business. The word "business" or placed, together with the required open the front lot line is the street line of "commercial" when used herein refers to spaces, having its frontage upon one or such street. In the case of any other lot, the engaging in the purchases, sale or more streets or public place. it may be such street line as is elected exchange of goods or services, Or the (24) Lot area. The area of a horizontal by the owner to be the front line for the operation for profit of offices or recrea- plane, bounded by the front, side and rear purpose of this chapter. tional amusement enterprises. lot lines. p (36) Lot line, rear. That boundary line (9) Convalescent home. A Building or (25) Lot, corner. Lots conforming to the which is opposite and most distant from premises in or on which care is provided requiwements of the following specified the front line. for two 2) or more invalid, infirm, aged, conditions shall be. considered as corner ( 8 lots'under the (ot' Lot line side. Any boundary line, coR'tl`aT'escent, or physically disabled or provisions of this chapter: not'a front lot line, or a rear lot line. injured persons, not including insane or (a),,,A lot fronting on two (2) intersect- (32) Lot of record. A lot which is a part other mental cases, inebriate, or conta- ing streets which form an interior angle of a subdivision, the plat of which has gious cases. Nursing homes are convales- of one hundred and thirty-five degrees been recorded in the office of the County cent homes. - (135`!) or less and which lot has a front- Recorder of Story County, Iowa. age of not less than twenty- five (25) feet on each of such streets. 1111 Lot hrou h. A lot running tnrougn the block rom street to street. (45) Yard, side. The required open space, 134) Mobil home. A vehicle so designed unobstructed to the sky, extending along and constr cted as to permit being used as the side lot line from the front yard to produce is not defined as a home po- i a conveyan a upon the public streets or the rear yard, measured from the nearest Lion provided no more than three salleses per highways and so constructed upon a perma- point on the building to the side yard year are conducted. nent wheeled vehicle chassis as to permit line, excluding cornices, eaves, gutters, (2) Permit and Review Procedures occupancy thereof for human habitation, chimneys, bay windows, and open porches (a) Permitted Home Occupations - Appli- dwelling or sleeping places for one or not exceeding three (3) feet in width, or cants must submit an application to Plan- more persons and which is capable of being similar features extending not more than ning and Housing Department. The applica- moved by i s own power, or tieing towed or one story in height which project into the - tion will be reviewed by the staff. The transported by another vehicle, and re- side yard but are three (3) feet or less applicant will be notified of the decision gardless of whether such vehicle is dis- from the adjacent lot line. of the Department. The decision may be mounted from its,wheels or placed upon a (46) Zoning permits. The permits issued appealed to the Zoning Board of Adjustment permanent foundation. Provided, however by the enforcing officer authorizing the within 30 days of the notification if the that this definition does not include or use of the land for the purpose specified applicant is aggrieved. apply to prefabricated or module units not in the document. (b) Conditional Home Occupations - Appli- designed and constructed as a vehicle on a (Code 1956, Sec. 42-2; Ord. No. 2109, Sec. cants must submit a Special Permit applt- permanent wheeled vehicle chassis, but 1,12-21-65; Ord. No. 2175, Sec. 1,2-21-67; cation to the City Clerk for consideration transporte over highways on reusable Ord. No. 2264, Sec. 1 & 2, 7-29-68; Ord. by the Zoning Board of Adjustment. Appli- wheeled ve icle chassis, only for location No. 2576, Sec. 2, 12-21-76; Ord. No. 2682, cations will then be reviewed by the at a permanent construction site. Sec. 1, 9-26-78; Ord. No. 2707, Sec. 1, Planning and Housing Department. A staff (35) Principal building. A principal 1-16-79; Ord. No. 2861, Sec. 1, 10-25-83; report will be prepared and sent to the building is a nonaccessory building in 7 Ord. 2751, Sec. 2, 7-1-80; Ord. No. 2962, Zoning Board of Adjustment. which the principal use of the lot on it Sec. 1, 9-30-86)" The Board may grant such Permit if it which it is located is conducted. Section 2. The Municipal -Code of the reasonably concludes from the evidence (36) Public place. An open or unoccupied if City of Ames, Iowa shall be and is hereby that the home -occupation proposed will public space more than twenty (20) feet in amended by repealing Section 29.10 thereof meet the standards set out in Section width which is permanently reserved for and enacting a new Section 29.10 as fol- 29.10(3). The Board may, }f warranted by the purpose of primary access to abutting Mows: the evidence, impose, as-additional condi- - property. CI"Sec. 29.10. HOME OCCUPATIONS. Lions, such measures as may be deemed lecessary to protect the legitimate use Statement of Intent: This section is (37) Setback. The required distance o neighboring between a �ot line and ,nd enjoyment the closest wall of intended to protect residential areas from j Ym of properties. a structur on the lot. - e1potential adverse impacts of activities \ny failure to obtain such Permit when (38) Stor A story is that part of a defined as home occupations; to permit 'equired, or to comply with the standards building omprised between any floor and residents of the community a broad choice ind conditions aforesaid, when issued, the floor or attic next above; the first in the use of their homes as a place of shall constitute a violation of this story of a building is the lowest story livelihood in the production or supplement- ;eation and shall furthermore be grounds having at Least one-half (}) of its height ing of personal/family income; to restrict .`or revocation of the said Permit .after of one or more walls above the highest incompatible uses; to establish'criteria iotice and hearing by the Zoning Board of level of adjoining ground. • and develop standards for the use of ldjustment. (39) Street, front. The street or public residential structures or dwelling units ,c) Prohibited Home Occupations - Will not place uponwhich a lot abuts. If a plat for home occupations; it is not the intent )e allowed permission to operate. abuts upon more than one street or public to eliminate certain businesses and occu- (3) Criteria. All home occupations must place, it ihall mean the street designated pations which may be compatible with resi- meet the following criteria. as the front street in the owner's appli- dential areas. (1) Permitted, Conditional. (a) Area to be Used. cation for a building permit. and Prohibited Home Occupations (i) The. activity shall be conducted in a (40) Street, public. A public thorough- (a) The following shall be considered manner that will not alter the normal permitted home occupations: -residential character of the premises and fare more than twenty-four (24) feet in width. (i) Home sewing or tailoring; to no way cause a nuisance to adjoining w idt Structure. Anything constructed or (ii) Studios for painting, sculpturing, residents. Nor shall there be any struc- (41) d, he use of.which requires loco- ceramics or other similar arts; (tural alteration to accommodate the occu- erec tion on t e ground or attached to some (iii) Writing or editing; r potion. There should be no emission of thing ha ing location on the ground. (iv) Telephone answering; smoke, dust, odor, fumes, glare, noises, (42) Sue ised Crou Home. A residential (v) Production of crafts such as handi- vibration, electrical or electronic distur- facility, 'occupied by persons under the work, model-making, weaving, lapidary, and bances detectable at the lot line that cabinet- making for the purpose of selling would exceed that normally produced by a supervision of one or more persons who are the product; single residence. Special noise excep- unrelated to the persons being supervised by blood, marriage, or adoption, wherein (vi) Tutoring and giving lessons, limited tfons will allowed for day-care homes the individuals supervised have mental, to four students; due to the nature of the clients using the (vii) Catering, home-cooking and prese rv- facility. social, oi substance abuse problems which ing for the purpose of selling the pro- (ii) The activity shall be located within. hinder th it functioning in society and duct; - the principal building or within an acces- require the protection and supervision of (viii) Computer programming; sory structure. It shall occupy no more a group a virionment to facilitate their (b) The following shall be considered than 25% of the total floor area of the becoming functional members of society. conditional home occupations:- residence and shall not exceed 400 square Hospitals correctional placement resi- (i) Day-care homes (six or fewer children feet of an accessory building. dences, n rsing, convalescent and retire- or adults); (b) Si ns. Any sign utilized at the home ment homes are not included within this definitio of 'Supervised group homes'. (ii) Physicians and other licensed medical occupation shall be limited to one flush- practitioners; mounted sign on the main, residential It shall be located no closer than 500 (iii) Barbershops and beauty parlors; structure which shall not exceed one feet from another supervised group home, (iv) Small repair shops (including small square foot in area. Such sign shall not and shall., be licensed by state authori- ties. appliances, mower repair, blade sharpening be lighted and non-reflecting materials and similar uses); shall be used. The legend shall show only (43) Yard, front. The space, unobstructed to the sky, open for the whole width of (v) Realtors; the name of the occupant and the type of- the lot extending from the nearest part of (vi) Insurance agents; occupation. Color shall be consistent any building on the lot to the front lot Section Bed-and-breakfast operations (See with the residential character. line excluding cornices, eaves, gutters or Section 29.10.4) cal Equipment. There shall be no customary Home professional offices for cal equipment used except as is customary chimneys projecting not more than thirty engineers, architects lawyers and members for domestic household purposes. Any mer- (30) inches, steps, bay windows, or simi- of similar professions excluding physi- chandise or stock in trade sold, repaired tar features not extending through more than one gooey and which do not aggregate cians and other licensed medical profes- or displayed shall be stored entirely more than one- third of the width of the sionals. within the residential structure or in any frontage of the building, and 'vestibules (ix) All other activities not included on accessory building. No storage is to be ( not more than one story in height and either the permitted or prohibited list. visible from lot.lines. 1 extending more than three (3) feet beyond (c) The following shall be considered (d) Employment. The activity shall employ the front wall of the principal building, prohibited home occupations: only members of the household residing in one story open porches extending eight (8) (i) Animal hospitals; the dwelling. In certain circumstances or less Feet into the front yard. (ii) Dancing studios or exercise studios; and upon approval of the Zoning Board of r (44) Yard, rear. The required open space, (iii) Private clubs; Adjustment, non-family members can be unobstructed tc the sky, extending along (iv) Restaurants; employed. the rear lot line (not a street line) (v) Stables and kennels; (e) Traffic. -The activity should not gen- throughout the whole width of the lot to (vi) Automobile repair or paint shops; erate significantly greater traffic vol- the rear of the principal building, ex- (d) Rummage/garage sales are not included umes than would normally be expected in a cluding cornices, eaves, gutters, bay win- in the listing of permitted, conditional residential area. Not more than ten (10) dows and chimneys projecting not more than or prohibited home occupations and are not visits per day shall be allowed. General- thirty (30) inches, uncovered steps, open defined as home occupations provided no ly delivery and pickup of materials or more than three sales per year are con- commodities to and from the remises b porches, not more than one story'in height ducted. n addition, sale of garden P y and extending not more than eight (8) feet g commercial vehicles should not exceed two into the rear yard, and accessory build- trips per week. The activity shall not interfere with the delivery ofutilities ings. or other services in the area. (f) Parking Criteria. (i),Only one delivery vehicle associated with the activity may be parked on the street near the premises for not more than four consecutive hours. (ii) One additional on-site parking space is required above the normal parking requirement where two or more clients are likely to concurrently visit the premises. (iii) No more than four client vehicles during a period of 60 consecutive minutes shall be allowed on the site. (iv) Occasional exceptions may be permit- ted for such events as meetings, confer- ences, demonstrations, or similar events. (g) Clients. There shall be no more than four clients or customers allowed on the premises at one time. This requirement shall not be construed to prohibit occa- sional exceptions, which are in no way a nuisance to adjoining residences. (h) Class Size, If thq home occupation is the type in which classes are held or instructions given, there shall be no more than four students or pupils at any given time. The Board may approve up to six students if it finds thatthe additional students will not - generate, additional traffic. Day-care homes may have up to six children or adults at a time. Additional childrep or adults will require a Special yse Permit for a day-care center. ( (i) Number of Home Occupations. The total number of home occupations within a dwell; 1 ing unit is not limited except that the I cumulative impact of all home occupations conducted within the dwelling unit shall not be greater than the impact of one home '(occupation. This will be determined by using the home occupation criteria. For example, the combined uses will not occupy e more than 25% of the floor area of the I primary structure and not exceed* 400 square feet of an accessory building, the ecombined number of clients may not exceed tffour'at any given time, etc. (4) Bed and Breakfast Establishments $'Special Permit Criteria. To obtain a Special Permit for a Bed-and Breakfast Establishment, all criteria set for home occupations must be met in addition to the $following: �(a) Maximum number of guest rooms - five (5) per structure in the medium and high density residential zoning districts (R-3. hand R-4) and a maximum of two (2) guest rooms per structure in all low density residential zoning districts (S-R, R1-10, IC R1-6, R-2, R2-7). The Zoning Board of ,Adjustment may restrict the number of guest rooms to a lesser number. (b) Only breakfast shall be served and only guests residing in the structure or family members may be served. The struc- ture shall not be remodeled into a commer- cial kitchen unless required by Environ- mental Health rules and regulations estab- lished pursuant to Chapter 11 of the Ames Municipal Code; (c) Off-street parking ratio shall be one space per guest rbom and a minimum of one space for the owner. The parking spaces shall meet the standards established by the City; (d) Guests shall register upon arrival, stating their names, current residence address and the license plate number of the vehicle that is being used by the guest. The registration form shall be kept by the owner for a period of three. years and shall be made available for examination by a representative of the City of Ames upon one day's notice; (e) Guest stays shall be limited to two weeks; (f) The Special Permit is not transferable to a subsequent owner or to another prop- erty; (g) The Establishment must comply with local and state regulations regarding all applicable permits and licenses including, but not limited to fire, health, food service, hotel, liquor, revenue, building and zoning permits and licenses. (Ord. No. 2751, Sec. 10, 7-1-80; Ord. No. 2962, Sec. 2, 9-30-86) Section Three. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section Four. This ordinance shallbe in Yuji force and effect from and after its passage and publication as required by law. Passed this 30th day of September,' 1986. F. Paul Goodland, Mayor Nancy Gibbons, City Clerk Published in The Ames Daily Tribune, October 3,1986.