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ORDINANCE NO. 3635
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF
AMES, IOWA, BY REPEALING SUBSECTIONS 13.3(5) and 13.36 AND
ENACTING NEW SUBSECTION 13.3(5), 13.3(25) AND 13.36, FOR THE
PURPOSE OF CONFORMING CHAPTER 13 DEFINITIONS OF"FAMILY"TO
THOSE FOUND IN CHAPTER 29 OF THE MUNICIPAL CODE OF THE CITY
OF AMES,IOWA;REPEALING ANY AND ALL ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH 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 Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by
repealing Subsections 13.3(5)and 13.36,and enacting new Subsections 13.3(5), 13.3(25)and 13.36 a as follows:
"Sec.13.3(5) Family: A person living alone,or any of the following groups living together as
a single nonprofit housekeeping unit and sharing common living, sleeping, cooking, and eating
facilities:
(a) Any number ofpeople related by blood,marriage,adoption,guardianship
or other duly-authorized custodial relationship;
(b) Three unrelated people;
(c) Two unrelated people and any children related to either of them;
(d) Not more than eight people who are:
(i) Residents of a"Family Home"as defined in Section 414.22 of
the Iowa code; or
(ii) "Handicapped" as defined in the Fair Housing Act, 42 U.S.C.
Section 3602(h). This defmition does not include those persons currently illegally using or addicted
to a"controlled substance"as defined in the Controlled Substances Act,21 U.S.C.Section 802(6).
(e) Not more than five people who are granted a Special Use Permit as a single
nonprofit housekeeping unit (a "functional family") pursuant to Section 29.1503(4)(d) of the
Municipal Code of the City of Ames,Iowa.
(i) Exceptions-The definition of a"Family"does not include:
a. Any society,club,fraternity,sorority,association,lodge,
combine,federation,coterie,or like organization;
b. Any group of individuals whose association is temporary
or seasonal in nature;and
c. Any group of individuals who are in a group living
arrangement as a result of criminal offenses.
Sec. 13.3(25) Zoning Districts: The zoning district definitions and designations contained in
Ames Municipal Code,Chapter 29-Zoning,shall be the defmitions and designations for those same
words and phrases whenever used in this chapter.
Sec. 13.36 Maximum Occupancy.
(1) In all cases,each dwelling unit shall provide habitable floor space totaling at least
eighty(80)square feet for the first occupant and sixty(60)square feet for each additional occupant.
(2) RL and UCRM zoning districts - Single family and two-family dwellings.
Notwithstanding an excess of floor space over that required by subsection(1), above,in all single
family and two-family dwellings in the RL and UCRM zoning districts,the maximum occupancy of
a dwelling unit shall be one family.
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(3) RH and RM zoning Districts - Single family and Two-Family Dwellings.
Notwithstanding an excess of floor space over that required by subsection(1) above, in all single
family and two-family homes in the RH and RM zoning districts, the maximum occupancy of a
dwelling unit shall be either:
(a) one family;or
(b) one more person than the number of bedrooms,up to five people,provided
there is one parking space per bedroom for units with two bedrooms or more, or in University
Impacted areas 1.25 parking spaces per bedroom in units with two or more bedrooms, and one
bedroom units shall have 1.5 parking spaces per unit.
(4) RH and RM zoning districts-Existing Apartments.
(a) Notwithstanding an excess of floor space over that required by subsection
(1) above, in all existing apartment buildings (3 or more units) with a building permit date on or
before May 1,2000,in the RH and RM zoning districts,the maximum occupancy of a dwelling unit
shall be either:
(i) one family;or
(ii) one more person than the number of bedrooms,up to five people,
provided there is one parking space per bedroom for units with two bedrooms or more, or in
University Impacted areas 1.25 parking spaces per bedroom in units with two or more bedrooms,and
one bedroom units shall have 1.5 parking spaces per unit.
(b) Provided,however,that with respect to dwelling units that,as of May 1,
2000,had a current Letter of Compliance stating an occupancy limit greater than the aforesaid,such
occupancy limit shall be allowed to continue until such time as negated by a change of use or
conditions in the property that would restrict the number of occupants in accordance with this
subsection.
(5) All zoning districts other than RH and RM-Existing Apartments. Notwithstanding
an excess of floor space over that required by subsection(1)above,in all existing apartment buildings
(3 or more units)with a building permit date before May 1,2000,in all zoning districts other than RH
and RM,the maximum occupancy of a dwelling unit shall be one family.
(6) RH and RM Districts-New Apartment Buildings. Notwithstanding an excess of
floor space over that required by subsection(1)above,in all single family and two-family homes in
the RH and RM zoning districts,the maximum occupancy of a dwelling unit shall be either:
(a) one family;or
(b) one more person than the number ofbedrooms,up to five people,provided
there is one parking space per bedroom for units with two bedrooms or more, or in University
Impacted areas 1.25 parking spaces per bedroom in units with two or more bedrooms, and one
bedroom units shall have 1.5 parking spaces per unit."
Section Two. Violation of the provisions of this ordinance shall constitute a municipal infraction punishable
as set out in Section 1.9 of this Code.
Section Three. All ordinances or parts of ordinances in conflict herewith are 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 23rd day of October
Diane R.Voss,City Clerk Ted Tedesco,Mayor
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