HomeMy WebLinkAbout~Master - Authorizing Zoning Board of Adjustment to grant Minor Area Modifications ORDINANCE NO. 3815
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF
AMES, IOWA, BY REPEALING SUBSECTIONS 29.803(4), 29.1403(7)(b),
29.1506, 29.1507 AND ENACTING NEW SUBSECTIONS 29.803(4),
29.1403(7)(b), 29.1506, 29.1507, 29.1508, FOR THE PURPOSE OF
AUTHORIZING THE ZONING BOARD OF ADJUSTMENT TO GRANT
EXCEPTIONS FOR MINOR AREA MODIFICATIONS AND ESTABLISHING
STANDARDS AND PROCEDURES; 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 Subsection 29.803(4)as it now exists and enacting a new Subsection 29.803(4)as follows:
"(4) Standards for the Granting of Exceptions to the Minimum Requirement for
Two Story Buildings in the DCSC (Downtown/Campustown Service Center) District. Before an
exception to the requirement for two-story buildings in the DCSC(Downtown/Campustown Service
Center)can be granted,the Zoning Board of Adjustment shall establish that the following standards
have been,or shall be satisfied:
(a) Standards. The Zoning Board ofAdjustment shall review each application
for the purpose of determining that each proposed one-story building, in the DCSC zone,meets the
following standards:
(i) Physical circumstances exist for the property which result in a lot
with a size and shape that is not conducive to a multi-story structure,and
(ii) It can be demonstrated that there is a direct benefit to the
community to have a one-story structure, at the proposed location, as opposed to a multi-story
structure.
(b) Procedure. The procedure to follow for an"exception" is described in
Section 29.1506(3)."
Section Two. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by
repealing Subsection 29.1403(7)(b)as it now exists and enacting a new Subsection 29.1403(7)(b)as follows:
"(b) Special Use Permits,Special Home Occupation Permits,and Exceptions.
Hear and decide on applications for Special Use Permits, Home Occupation permits, and for
Exceptions in accordance with Sections 29.1503 and 29.1506 of this Ordinance.
(Ord. No. 3591, 10-10-00)"
Section Three. The Municipal Code of the City of Ames,Iowa shall be and the same is hereby amended by
enacting a new Subsection 29.1403(7)(d)as follows:
"(d) Requests for Reasonable Accommodations. Hear and decide on requests
for Reasonable Accommodations in accordance with Sec.29.1505 of this ordinance."
Section Four. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by
repealing Subsection 29.1503(3)as it now exists and enacting a new Subsection 29.1503(3)as follows:
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"(3) Procedure for Special Use Permits.
(a) Planning and Zoning Commission. The application,along with all required
data, shall be transmitted to the Planning and Zoning Commission for review and recommendation.
Such review by the Commission shall not be concluded until consideration is given to comments at
a public hearing that may be part of a regularly scheduled meeting.Notification of the public hearing
shall be made by mail and posting, in accordance with Sections 29.1500(2)(d)(I) and(iii) above.
Within 30 days of the hearing, the Planning and Zoning Commission shall submit a written
recommendation to the Zoning Board of Adjustment setting forth the reasons for its recommendation
of acceptance,denial,or modification of the application.
(Ord. No. 3591, 10-10-00)
(b) Zoning Board of Adjustment. After the transmittal ofthe recommendation
from the Planning and Zoning Commission, the Zoning Board of Adjustment shall consider the
application at a public hearing conducted as part of a regularly scheduled meeting. Notification of the
public hearing shall be made by mail, posting, and publication, in accordance with
Sections 29.1500(2)(d)(i),(ii)and(iii)above. The Zoning Board of Adjustment must approve,deny,
or modify the Special Use Permit application within 60 days of the public hearing."
Section Five. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by
repealing Sections 29.1506 and 29.1507 as they now exist and enacting new Subsection 29.1506,29.1507,and 29.1508
as follows:
"See.29.1506. EXCEPTIONS.
(1) Purpose. This section is intended to provide for exceptions, pursuant to Sec.
414.12(2)of the Iowa Code,to the terms of the zoning ordinance upon which the Board is required
to pass under the ordinance,to provide a set of procedures and establish standards to be met.
(2) Submittal Requirements. An application for an exception,filed in accordance with
Sec.29.1500(1)(a),shall include the following:
(a) The specific exception(s)being requested;
(b) A statement of supporting evidence addressing each of the standards
applicable to the exception being sought;and
(c) Any pending site development plans to which the proposed exception is
related,including a plat of the site and elevations of structures.
(3) Procedure. Review of an application for an exception shall be considered by the
Zoning Board of Adjustment at a public hearing conducted as a part of a regularly scheduled meeting.
Notification of the public hearing shall be made by mail and publication in accordance with Sec.
29.1500(2)(d)(i)and(ii)above. The Zoning Board of Adjustment may approve,deny or modify the
request.
(4) When Authorized. The Zoning Board of Adjustment is authorized to grant the
following exceptions:
(a) Parking stall exceptions pursuant to Sec. 29.406(9)(c);
(b) DCSC minimum height exceptions pursuant to Sec.29.803(4);
(c) Exceptions for minor area modifications. The Board is authorized to grant
exceptions from the requirements of the zoning ordinance to allow minor area modifications for single
family attached and detached dwellings that are existing in developed areas,but not in cases of new
construction. These are authorized for the following situations:
(i) reduction of required residential side yard setbacks for principal
structures by no more than two feet;
(ii) reduction of required residential front and rear yard setbacks for
principal structures by no more than five feet;
(iii) reduction ofminimum lot area requirements by no more than 10%;
(iv) reduction ofrequired residential front,rear and side yard setbacks
without limit as required to provide handicapped access ramps to a dwelling;
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(v) reduction of front,rear, and side yard setbacks without limit to
allow reconstruction of a historically accurate structure.
(5) Review Criteria. Before an exception can be granted,the Board ofAdjustment shall
establish that the following standards have been or shall be satisfied:
(a) Parking Stall Dimension Exceptions. The Board may grant specific limited
exceptions to the minimum parking space and drive aisle dimensions in accordance with the standards
set forth at Sec.29.406(9)(c).
(b) DCSC Minimum Height Exceptions. The Board may grant exceptions to
the minimum height requirement for buildings in the DCSC district in accordance with the standards
set forth at Sec.29.803(4).
(c) Exceptions for Minor Area Modifications. The Board may grant specific
limited exceptions for minor area modifications authorized under Sec.29.1506(4)(c)where the Board
finds:
(i) Special circumstances or practical difficulties apply to the property
such that the terms of the ordinance cannot be satisfied.
(ii) The minor area modification will not be detrimental to the public
health,safety or general welfare.
(iii) The minor area modification will not have a substantial negative
impact upon neighboring properties.
(iv) The minor area modification does not exceed the reduction limits
established in the listing of minor area modification in Section 29.1506(4)(c)(i),(ii),or(iii)whether
the limits are reached by a single exception or serial exceptions.
(v) The minor area modification does not authorize a use or activity
not otherwise expressly authorized by the regulations within the zoning district in which the property
is located.
(vi) The minor area modification is in conformity with the intent and
purpose of the zoning ordinance and the general plan of the community.
(vii) The minor area modification is the minimum necessary to achieve
the desired result.
(viii) The minor area modification does not alter the applicant's
obligation to comply with other applicable laws or regulations.
(d) Recording of Minor Area Modifications. The applicant must record an
approval of a minor area modification in the office of the county recorder in order to make effective
the approval.
Sec.29.1507. ZONING TEXT AND MAP AMENDMENTS.
(1) Authorization. The City Council may,from time to time,on its own initiative,on
petition, or on recommendation of the Planning and Zoning Commission, after public notice and
hearings,and after a report by the Planning and Zoning Commission,or after 30 days written notice
to said Commission,amend,supplement or change the regulations,districts,or Official Zoning Map
herein or subsequently established.
(2) Petition for Amendment. Whenever the owners of 50%or more of the area of the
lots in any district or part thereof desire amendment,supplement or change in any of the provisions
of this Ordinance applicable to such area,they may file an application in the Department of Planning
and Housing requesting City Council to make such amendment, supplement or change. Such
application shall be accompanied by a map or diagram showing the area affected by the proposed
amendment, supplement, or change, together with the boundaries of said area, and the names and
addresses of all the owners of record in the Office of the County Recorder and Auditor of Story
County,Iowa,of lots therein and within a distance of 200 feet from the boundaries of said area. Such
application shall be transmitted immediately to the Planning and Zoning Commission for an
investigation and report. The Planning and Zoning Commission shall file its recommendations
approving, disapproving or modifying the proposed amendment, supplement or change with City
Council within 90 days thereafter.
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(3) Conditions. Council may impose reasonable conditions on map amendments in
accordance with Section 414.5 of the Iowa Code.
(4) Notice.
(a) Map. Notice of a map change shall be made by mail, publication and
posting,in accordance with Sections 29.1500(2)(d)(i),(ii)and(iii)above,except that at least 7 days
notice must be given. In no case shall the public hearing be held earlier than the next regularly-
scheduled City Council meeting following the notice.
(b) Text. Notice of a text change shall be made by publication in accordance
with Section 29.1500(2)(d)(ii)above,except that at least 7 days notice must be given. In no case shall
the public hearing be held earlier than the next regularly-scheduled City Council meeting following
the notice.
(5) Vote Required When Amendment Protested. If a written protest against any
proposed amendment,supplement or change has been filed with the City Clerk,signed by the owners
of 20%or more of the area of the lots included in the proposed amendment,supplement or change or
by the owners of 20%or more of the property that is located within 200 feet of the exterior boundaries
of the property for which the amendment, supplement or change is proposed, such amendment,
supplement or change shall not become effective except by favorable vote of at least'/4 of all members
of the City Council.
(6) Renewal of Petition After Denial. Whenever a petition requesting an amendment,
supplement, or change of any regulation prescribed by this Ordinance has been denied by the City
Council,such petition cannot be renewed for one year thereafter unless it is signed by the owners of
at least 50%of the property owners who previously objected to the change. This provision,however,
shall not prevent City Council from acting on its own initiative in any case or at any time as provided
in this Section.
(7) Processing Time.
(a) Rezoning proposals referred by the City Council to the Planning and
Zoning Commission shall be acted upon and returned to the Council not more than 90 days thereafter
unless time extensions are specifically requested by the applicant.
(b) Failure of the Planning and Zoning Commission to render a decision within
the time specified will be deemed approval of the application as submitted.
Sec.29.1508. APPEALS.
(1) Appeals from Decisions of the Zoning Enforcement Officer. Appeals to the
Zoning Board of Adjustment of zoning enforcement decisions may be taken in accordance with
Section 414.12 of the Iowa Code. The final disposition of any appeal to the Zoning Board of
Adjustment shall be in the form of a written decision by the Board signed by the chairperson or acting
chairperson,either reversing,modifying,or affirming the decision or determination appealed from.
A copy of such decision shall be filed with the Zoning Enforcement Officer.
(2) Appeals from Decisions of the Zoning Board of Adjustment. Appeals to the
court may be taken by any party aggrieved by a decision of the Zoning Board of Adjustment in
accordance with Section 414.15 of the Iowa Code.
(3) Appeals from Decisions of City Council. These appeals shall be taken in
accordance with Iowa Law."
Section Six. Violation of the provisions of this ordinance shall constitute a municipal infraction punishable as
set out in Section 1.9 of this Code.
Section Seven. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of
such conflict, if any.
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Section Eight. This ordinance shall be in full force and effect from and after its passage and publication as
required by law.
Passed this 21st day of December 2004 .
Diane R.Voss,City Clerk ed Tedesco,Mayor
00771
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