HomeMy WebLinkAboutA020 - Memo from John Parks regarding Nonconforming Uses, Minimum Density in Suburban Residential, and Notification of change 7-3e-qq
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To: Mayor and City Council,Ames City Staff
From: John Parks
Date: 07/30/99
Re: Zoning Code Issues
This memo is a follow-up to the discussion held on the zoning ordinance at the council meeting on
July 27. Ann asked me to put these issues in writing and my thoughts are as follows:
Nonconforming Uses
According to the new code; nonconformities can occur related to use, structure, lot, fence height,
lack of buffers or screening, inadequate landscaping, lack of or inadequate off-street parking, and
"other nonconformities not involving the basic design or structural aspects of the building, location
of the building on the lot, lot dimensions,or land or building use".
The sample the staff used to compare the two ordinances reflected new nonconformities in
approximately 22% of the properties surveyed. This number may not be representative of the
entire city. It could be somewhat lower or it could be significantly higher. For example, as we
begin to measure any property coming in for a change for its conformance to landscaping or fence
height I believe the number of non-conforming properties could soar. In any event, we have the
potential of literally thousands of nonconformities being created by this new code.
As a property comes in for a change,each new nonconformity will be:
1) A surprise to the property owner
2) An issue for staff to deal with
3) A frustration for the property owner to deal with
4) Often an additional cost for the property owner
5) More process(and time)for the property owner and staff to deal with.
With the notable exception of parking in some areas,Ames is a well-developed, beautiful small city
with relatively few problems. Establishing hundreds or thousands of new non-conformities in the
new code serves no purpose. It solves no problems. For the most part, if a situation is already
conforming under the current code, it should be conforming under the new code.
I propose the following change to the new zoning ordinance:
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Under section 3.8 NONCONFORMITIES
A. General
(change the first sentence to read)
1. Purpose. It is the general policy of the City to allow uses, structures, and lots that came
into existence legally, in conformance with then-applicable requirements, to continue to remain as
a conforming use. However, with respect to off-street parking requirements, it is the policy of the
City to bring as many properties into compliance with existing regulations as reasonably possible.
(The remainder of the paragraph should remain as written)
Minimum Density in Suburban Residential
It is unclear how properties with developed structures will be annexed to the city and comply with a
minimum density requirement. It appears to me that properties could not be annexed to the city under
a Suburban Residential designation unless a plan existed to achieve the minimum density mandate.
would propose the minimum density mandate be changed to a minimum density goal.
Notification
This is the most comprehensive zoning change in the city's history. Every property in the city of Ames
will be rezoned under this plan. It has been our policy to notify any property owner within 200 feet of a
proposed rezoning area. In addition, it has been our policy to post a sign on property with a pending
rezoning action. The sign doesn't seem very practical in this case, however, I believe it is imperative
we send a letter to every property owner informing them that their zoning will change.
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