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Home My WebLink About~Master - Clarification of existing front-yard parking prohibitions in residential zones ORDINANCE NO. 3976 AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY ENACTING A NEW SECTION 29.406(7) THEREOF, FOR THE PURPOSE OF DEFINING FRONT YARD AND REGULATING OFF-STREET PARKING; 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 enacting a new Section 29.406(7)as follows: Sec.29.406. OFF-STREET PARKING. "(7) Locating Parking Spaces in Front Yard. (a) The use of the front yard for the location of vehicular parking is permitted in the "CCN", "CCR","HOC"and"GI"Districts,if a minimum setback of 5 feet from the front lot line and 5 feet from the side lot lines are maintained and landscaping is installed and maintained within those setback areas. Unless a parking lot plan is submitted as part of the development process pursuant to Section 29.1502,a Surface Parking Lot Landscaping Plan to meet the standards of Section 29.403(4)(f)shall be submitted to and approved by the Director of Planning and Housing (to be evidenced by a document signed by both the property owner or owner's agent and the said director),prior to any construction,reconstruction,installation,erection,conversion,alteration,addition,enlargement or development of any structure,improvement,feature or aspect ofthe premises. No Building/Zoning Permit required by Section 29.1501 shall be issued until the plan is submitted and approved. (i) The provisions of this subsection shall not apply to the use of a front yard for vehicular parking where it is proven by the property owner,by documentary evidence or the testimony of disinterested third parties,that such use was lawfully established prior to the effective date of this Ordinance. (ii) This Ordinance shall apply to any expansion or increase in the area of the front yard used for parking, even if no other conversion, construction or change to the subject premises occurs. Wherever this subsection applies,the subject parking area shall be so constructed and maintained as to meet the surfacing standards in Section 29.406(11). (Ord. No. 3591, 10-10-00, Ord. No. 3660, 4-23-02; Ord. No. 3822, 3-8-05) (b) The use of the front yard for the location of vehicular parking is permitted in the "S-HM" district only,but only if setbacks of 15 feet from the front lot line and 10 feet from the side lot lines are maintained with respect to the front yard parking area, and a landscaped berm is installed and maintained in said setback areas. The landscaped berm shall be so designed,constructed and maintained as to help screen from view from the front and sides, any and all motor vehicles parked on the parking lot in any season of the year. Unless a parking lot plan is submitted pursuant to Section 29.1502,a Surface Parking Lot Landscaping Plan to meet the standards of Section 29.403(4)(f)shall be submitted to and approved by the Director of Planning and Housing(to be evidenced by a written document singed by both the property owner,or owner's agent,and the said director)prior to any construction,reconstruction,installation, erection,conversion,alteration,addition,enlargement or development of any structure,improvement,feature or aspect of the premises. No Building/Zoning Permit required by Section 29.1501 shall be issued until the plan is submitted and approved as aforesaid. (i) Parking in the front yard pursuant to this subsection shall be permitted as stated only with respect to a totally new building constructed on the site. Such parking shall not be permitted if there is on the subject premises any building or part of a building that was occupied or used for any purpose whatsoever prior to the effective date of the subsection or prior to the desired establishment or expansion of such front yard parking. (ii) This subsection shall apply to any expansion or increase in the area of the front yard used for parking, even if no other conversion, construction or change to the subject premises occurs. Wherever this subsection applies,the subject parking area shall be so constructed and maintained as to meet or exceed the surfacing standards set out in Section 29.406(11). (c) Under no circumstances shall vehicular parking be permitted in the front yard of any residential building in any"RL", "RM", "RH", "UCW% "FS-RL",or"FS-RM" zones, except upon a driveway that leads to the side or rear yard or to an attached garage; and,one parking space is permitted in the front yard in the case where there is an existing,one car attached garage and there is insufficient room between the side of the attached garage and the side property line. Such space shall meet the following requirements: i)The parking space shall not exceed nine(9)feet in width; ii)The parking space shall be contiguous to and parallel to the existing driveway;and, iii)The parking space shall be located between the existing driveway and the side property line. There shall be no installation at grade of any expanse of asphalt,concrete,gravel,brick,or other form of paving by any material whatsoever without the written authorization of the Zoning Enforcement Officer. Such authorization shall be granted only if under the facts and circumstances of the particular situation it is unlikely that the paving will facilitate the use of the front yard, or any part thereof,for the parking of vehicles,except on a driveway as stated. (Ord. No. 3591, 10-10-00, Ord.No. 3675, 8-27-02) (d) For one and two family dwellings with access only from either Grand Avenue, Thirteenth Street, Duff Avenue, or Lincoln Way, and located on a segment of one of those streets where the Public Works Department can confirm an average weekday traffic count of not less than 12,000 vehicles per day,there may be a paved area appended to the driveway as a space in which a motor vehicle can be turned around to avoid backing onto the street. The dimensions of the said turning space shall be no greater than reasonably convenient to that purpose. The dimensions and configuration of that space shall be approved in writing by the Department of Planning and Housing prior to construction. A Building/Zoning Permit per Section 29.1501 shall be required for installation of the turn-around. (e) As used in this section,front yard means the open space in that portion of a yard between the street and the face of the structure and a line originating from the left side of the lot and extending to the right side of the lot. The line, as viewed from the street, shall extend parallel to the street to the nearest corner of the principal structure and then along the face of the principal structure to the right corner,and from that point on a line parallel to the street to a point on the right lot line. As used in this section,the face of a principal structure shall be any and all portions of the structure fronting on a street. The front yard shall not include any portion of the city right-of-way. A corner lot shall be deemed to have two front yards." Struaffe Motor Vehicle Parking Prohibited Driveway � � STREET RIGHT OF WAY Section Two.Violation of the provisions of this ordinance shall constitute a simple misdemeanor punishable as set out by law. 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 25`h day of November , 2008 . Diane R. Voss,City Clerk Ann H.Campbell,Mayor