HomeMy WebLinkAbout~Master - Zoning, Wireless Communications Towers permissible by Special Use Permit ORDINANCE NO. 3417
AN ORDINANCE TO AMEND THE ZONING REGULATIONS OF THE CITY
OF AMES, IOWA BY REPEALING SUBSECTION 29.45(1) AND SECTION
29.68,AMES CODE,AND RE-ENACTING THE SAME REVISED TO STATE
THE STRUCTURES AND USES THAT ARE PERMISSIBLE ONLY BY A
SPECIAL USE PERMIT GRANTED BY THE ZONING BOARD OF
ADJUSTMENT; REPEALING CONFLICTING ORDINANCE PROVISIONS;
PROVIDING A PENALTY;AND ESTABLISHING AN EFFECTIVE DATE.
BE IT ORDAINED,by the City Council for the City of Ames,Iowa,that:
Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by
repealing subsection 29.45(l)and Section 29.68 and re-enacting the same revised to state as follows:
"Sec. 29.45 SPECIAL USE PERMITS
(1) Intent and Propose. Rather than permitting all of the many and varied land use
activities within one or more zoning districts, it is recognized that some activities and structures should
be permitted only pursuant to a set of procedures and standards that will allow, on the 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 of the public. This section lists
certain land uses and structures 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.
The land uses and structures listed in this section are permitted only if first authorized by the issuance
of a special use permit by the Zoning Board of Adjustment.
The Zoning Board of Adjustment may, after public hearing, and after receiving a
recommendation from the Planning and Zoning Commission,and subject to such protective restrictions
as the Board stipulates,authorize the location,construction,extension or structural alteration of any of
the following structures or uses in any appropriate district:
(a) Airport, landing field,or landing strip,
(b) Radio or television broadcasting towers,towers for wireless communication
service facilities,or any other kind of telecommunications apparatus tower,
(c) Private community building or recreation center,
(d) Institutions of eleemosynary or philanthropic character,
(e) Day care centers for children,
(f) Private clubs,
(g) Extraction of topsoil,gravel,sand,or other natural resources except that in
any such operation,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 certified check or other financial guarantee satisfactory to the City Attorney in an
amount sufficient to secure the performance of the restoration agreement.
(h) Public utility uses and structures.
See. 29.68 POWERS OF THE BOARD OF ADJUSTMENT.
The Board of Adjustment has the following powers:
(1) Powers relative to errors. To hear and decide appeals where it is alleged there is an
error in any order,regulation,requirement,decision or determination made by an administrative official
in the enforcement of this chapter.
(2) Powers relative to variances. The board shall have the power to grant variances in
conformance with the limitation of its powers in this regard under the law of the State of Iowa.
In granting any variance, the board is urged to prescribe appropriate conditions and
safeguards to foster the policy and intent of this chapter. Violation of such conditions and safeguards,
when made a part of the terms under which the variance is granted,shall be deemed a violation of this
chapter and punishable under this chapter.
(3) Powers relative to special permits. To hear and decide applications for special
permits in accordance with the provisions of this chapter."
Section Two. Violation of the provisions of this ordinance shall constitute a municipal infraction punishable as
set out in Section 1.9 of the Municipal Code.
Section Three. All ordinances or parts of ordinances in conflict herewith ire hereby repealed to the extent of such
conflict, if any.
Section Four. This ordinance shall be in full force and effect from and after its passage and publication as
required by law.
Passed this 17th day of December 1996.
Sandra L. Ryan,City Clerk 4R. ayor
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