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Home My WebLink AboutA037 - Legal Opinion on the enactment of an Official Zoning Map showing lots and streets h .Memo r City Attorney's Office Caring People Quality Programs Exceptional Service TO: Brian P. O'Connell, Director of Planning and Housing R Eden Schmitt, Planner 15 FROM: John R. Klaus, City Attorne JAN y#i DATE: January 18, 2000 CITY CLERK CITY OF_AMES.IOWA SUBJECT: Zoning—Establishing Locations of Zones The locations of the various zones is commonly done by enactment of an "Official Zoning Map". The last time that a comprehensive zoning map was enacted for the entire city was in 1965. See: Ord. No. 2109 passed December 21, 1965, published with map of zones on January 3, 1966. The new zoning regulations also provide that the locations of zones will be established by adoption of an"Official Zoning Map". See attached copies of the relevant parts of the 1965 ordinance and the new regulations. The State law on this process is at Sections 414.4 and 380.11, Code of Iowa. Section 414.4 states that: The council of the city shall provide for the manner in which the regulations and restrictions and the boundaries of the districts shall be determined, established, and enforced, and from time to time amended, supplemented or changed." There are notice and council vote requirements. For that, see my memorandum to you dated September 1, 1999. Recording of the measure setting the locations of districts is directed by Section 380.11, which states: "Immediately after the effective date of a measure establishing any zoning district ... the City Clerk shall certify the measure and a plat showing the district, lines or limits to the recorder of any county which contains part of the city." v The word "plat' as used above is not defined, but the Iowa Supreme Court has ruled that a"plat" shows lots and streets. See: McDaniel v. Mace,47 Iowa 509(1877). For that reason, it is my advice that the"Official Zoning Map"to be enacted show lots and streets. It should also be noted that the Iowa Supreme Court has ruled, three times, that failure to comply with Section 380.11 does not affect the validity of the zoning regulations. See: Boardman v. Davis, (1942) 3 N.W.2d 608, 231 Iowa 1227; Swiger v. Eden,(1946)24 N.W.2d 792,238 Iowa 44;Renda v. Polk County,(1982)319 N.W.2d 250. After the ordinance to adopt the new "Official Zoning Map" and the map have been passed and published in the paper, the City Clerk will certify a true copy of both to the County Recorder. As ordinances to amend the Official Zoning Map are enacted,the City Clerk will also certify a true copy of each of those ordinances, along with a revised map, to the County Recorder. Attached is a proposed ordinance to enact the new Official Zoning Map and a Notice of Hearing to be published. At this time, there is no need for"legal descriptions"of the zone locations. JRK:gmw Attachments c: Diane Voss, City Clerk BOOK D PAGE...`'`U�` Page Nine. 42-3 Establishment of Districts: For the purpose of this ordinance, the City is hereby divided into fifteen (15) classes of districts as follows: "F-1" District (Flood Plain) District (Agricultural) District (Single Family Dwelling) "R-2" District (Two Family Dwelling) 1131-3" District (Multiple Family Dwelling) "R-4" District (Multiple Family Dwelling) "H-M" District (Hospital - Medical) 11C-1" District (Office and Shop) "C-2" District (General Commercial) "C-3" District (Highway Commercial) "C-4" District (Retail Commercial) "C-5" District (Planned Shopping) "I-1" District (Light Industrial) "I-2" District (Heavy Industrial) 11I-3" District (Planned Industrial) 42-3. 1 Newly Annexed Territory, All territory which may hereafter be annexed to the City shall automatically be classed as lying in the "R-1" District (Single Family Dwelling) until such classification has been changed by an amendment to the zoning ordinance as provided by law. 42-4 Establishment of Official Zoning Map: The City is hereby divided into districts as shown on the Official Zoning Map which, together with all its designations and ex- planatory matter thereon, is hereby adopted by this reference thereto and declared to be a part of this ordinance. The Official Zoning Map shall be identified by the signa- ture of the Mayor attested by the City Clerk, and bearing the seal of the City under the following words: "Ordinance No. 2109 of the City of Ames, Iowa, adopted December 21,19 '5 Regardless of the existence of purported copies of the Official Zoning Map which may from time to time be made or published, the Official Zoning Map which shall be located in the office of the Zoning Enforcement Officer shall be the final authority as the current zoning status of land and water areas, buildings, and other structures in the City. 42-4. 1 Amendment of Official Zoning Map. If, in accordance with the provisions of This ordinance, 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. On the certified copy of the amending ordinance shall be placed the certificate of the official making the change in 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 ordinance. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this ordinance and punishable as provided under section 22 of this or- dinance. 42-5 Replacement of Official Zoning Map. In the event that the Official Zoning Map becomes damaged, destroyed, lost, or idfficult to interpret because of the nature or number of changes and additions, he City Council may, by ordinance adopt a new Official Zoning Map which shall supercede the prior Official Zoning Map, The new Official Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map, but no such correction shall have the effect of amending the original zoning ordinance or any subsequent amendment thereof. The new Official Zoning Map shall be identified by the signature of the Mayor attested by the City Clerk, and bearing the seal of the city under the following words: "This is to certify that this Official Zoning Map supercedes and replaces the Official Zoning Map adopted (date of adoption of map being replaced) as part of Ordinance No. Z109 of the City of Ames, Iowa, and as amended by ordinances numbered b�P ii o'7 �. cf_, _o-, b ARTICLE 3 ZONING PROCESS Sec.29.300. ESTABLISHMENT OF ZONES. (1) Base Zones. For purposes of this Ordinance,the City is hereby divided into the following Base Zones: "Alf Agricultural Zone "ILL.' Residential Low Density Zone 1IRM11 Residential Medium Density Zone T Residential High Density Zone "UCRM" Urban Core Residential Medium Density Zone I��,ptl Residential Low Density Park Zone "NC" Neighborhood Commercial Zone "CCN11 Community Commercial Node "DCSC" Downtown/Campustown Service Center "HOC" Highway-Oriented Commercial Zone "PRC" Planned Regional Commercial Zone "GI" General Industrial Zone "Pill Planned Industrial Zone (2) Special Purpose Districts. For purposes of this Ordinance,the City hereby establishes the following Special Purpose Districts: "S-HM" Hospital-Medical District "S-GA" Government/Airport District (3) Overlay Zones. For purposes of this Ordinance,the City hereby establishes the following Overlay Zones: "O-SFC" Single Family Conservation Overlay "O-H" Historical Preservation Overlay "O-E" Environmentally Sensitive Area Overlay "O-G" Gateway Overlay "O-UI" University Impacted District (4) Floating Zones. For purposes of this Ordinance the City hereby establishes the following Floating Zone: F-VR" Village Residential "F-SR" Suburban Residential T-PRD" Planned Residence District Sec.29.301. OFFICIAL ZONING MAP. (1) Interpretation of Boundaries. The Official Zoning Map described in this Section shall be established by a separate and specific ordinance,and shall be known as and may be cited and referred to as the Official Zoning Map of the City and will be referred to herein as the"Official Zoning Map"to the same effect as if the full title were stated. (2) Adoption. The Official Zoning Map,together with any designations and explanatory matter recorded thereon by the City Council, is adopted by this reference thereto and incorporated in the Ordinance as a part hereof. The Official Zoning Map shall show the boundaries of all base zones,special purpose districts and overlay zones,and any amendments thereto. The Official Zoning Map shall be identified by the signature of the Mayor,attested by the City Clerk, and shall bear the seal of the City. The Official Zoning Map, updated to the date of the most recent amendment, shall be on file in the Office of the City Clerk. Regardless of the existence of purported copies of the Official Zoning Map that may from time to time be made, published or displayed, the Official Zoning Map that is located in the Office of the City Clerk shall be the final authority as the current zoning status of buildings,structures and land in the City. 13 I ORDINANCE NO. AN ORDINANCE TO ESTABLISH A NEW OFFICIAL ZONING MAP FOR THE CITY OF AMES,IOWA;REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT; PROVIDING A PENALTY, AND ESTABLISHING AN EFFECTIVE DATE. BE IT ENACTED,by the City Council for the City of Ames,Iowa,that: Section One. The Official Zoning Map of the City of Ames, Iowa, first enacted by Ordinance 2109 on December 21, 1965,and subsequently amended from time to time, shall be and is hereby repealed. Section Two. A new Official Zoning Map is hereby enacted as the same is attached hereto and by this reference incorporated herein and made a part hereof. Section Three. Any and all ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict,if any. Section Four. Violation of this ordinance shall be a municipal infraction punishable by a penalty of $500 for a person's first violation thereof,and a penalty of$750 for each repeat violation. Section Five. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this day of 2000. Diane R. Voss,City Clerk Ted Tedesco,Mayor 0556.ord