HomeMy WebLinkAbout~Master - Text amendment pertaining to Special Use Permit applications A
ORDINANCE NO. 3983
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF
AMES, IOWA, BY REPEALING SECTIONS 29.307(2)(b), 29.1402,
29.1503(3)(a)(b), 29.1503(4)(a)(b), 29.1503(4)(c) and 29.1503(4)(d)(ii) AND
ENACTING NEW SECTIONS 29.307(2)(b),29.1402,29.1503(3)(a),29.1503
(4)(a)(b)(c)(d), FOR THE PURPOSE OF REMOVING PLANNING AND
ZONING COMMISSION ACTION ON ZONING BOARD OF
ADJUSTMENT APPLICATIONS; 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 Sections 29.307(2)(b),29.1402,29.1503(3)(a)(b),29.1503(4)(a)(b),29.1503(4)(c)and 29.1503(4)(d)(ii)and
Enacting New Sections 29.307(2)(b),29.1402,29.1503(3)(a),29.1503 (4)(a)(b)(c)(d)as follows:
"Sec.29.307 NONCONFORMITIES.
(2) (b) Change to Another Nonconforming Use. Except as provided in this
Section, a nonconforming use may be changed only to a use that conforms to the Ordinance. Once
changed to a conforming use,no use may revert to a nonconforming use.
The Zoning Board of Adjustment may grant a Special Use Permit to allow a change
from one valid nonconforming use to a different nonconforming use,provided it is determined that:
(i) The proposed use is in the same section 29.501(4)category ofuse
as the current use;
(ii) No structural alterations will be made in the building or structure
containing the use that increases any nonconformity;
(iii) The proposed use will have no greater impact on the surrounding
area than the existing nonconforming use;
(iv) Adequate parking exists for the proposed use,based on parking
standards in the Ordinance;and
(v) The proposed use is compatible with surrounding land uses,based
on the hours of operation and the ability to mitigate noise and light impacts by incorporating buffering
between the proposed use and surrounding land uses where necessary.
Sec.29.1402. PLANNING AND ZONING COMMISSION.
The Planning and Zoning Commission is appointed by the Mayor with the approval of the City
Council to serve as an independent advisory body to the Council.The Commission is responsible for the
preparation and adoption of the official Land Use Policy Plan of the City and gives advice and
recommendations on matters involving amendments to the City's Zoning Ordinance and historic
preservation ordinance and guidelines. The Commission reviews and gives advice on subdivisions
occurring within the City and within the extraterritorial jurisdiction of the City.
(Ord.No. 3945, 2-19-08)
Sec.29.1503. SPECIAL USE PERMIT.
(3) Procedure for Special Use Permits.
(a) Zoning Board of Adjustment.The Zoning Board of Adjustment shall consider the
application at a public hearing conducted as part of a regularly scheduled meeting. Notification ofthe
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.
(Ord.No. 3815, 12-21-04)
4
Sec.29.1503. SPECIAL USE PERMIT.
(4) Review Criteria.
(a) General Standards. The Zoning Board ofAdjustment shall review each application
for the purpose of determining that each proposed use meets the following standards,and in addition,
shall find adequate evidence that each use in its proposed location will:
(i) Be harmonious with and in accordance with the general principles
and proposals of the Land Use Policy Plan of the City;
(ii) Be designed, constructed,operated, and maintained so as to be
harmonious in appearance with the existing or intended character of the general vicinity and that such
a use will not change the essential character of the area in which it is proposed;
(iii) Not be hazardous or disturbing to existing or future uses in the
same general vicinity;
(iv) Be served adequately by essential public facilities and services
such as highways,streets,police,fire protection,drainage structure,refuse disposal,water and sewage
facilities, and/or schools;
(v) Not create excessive additional requirements at public cost for
public facilities and services;
(vi) Not involve uses, activities, processes,materials, equipment or
conditions of operation that will be detrimental to any person,property or general welfare by reason
of excessive production of traffic,noise,smoke,fumes,glare,or odors;and
(vii) Be consistent with the intent and purpose of the Zone in which it
is proposed to locate such use.
(b) Residential Zone Standards. The Zoning Board of Adjustment shall review each
application for the purpose of determining that each proposed use in a residential zone meets the
following standards,as well as those set forth in Section 29.1503(4)(a)above and, in addition, shall
find adequate evidence that each use in its proposed location will:
(i) Not create excessively higher levels of traffic than the
predominant pattern in the area and not create additional traffic from the proposed use that would
change the street classification and such traffic shall not lower the level of service at area intersections;
(ii) Not create a noticeably different travel pattern than the
predominant pattern in the area. Special attention must be shown to deliveries or service trips in a
residential zone that are different than the normal to and from work travel pattern in the residential
area;
(iii) Not generate truck trips by trucks over 26,000 g.v.w. (gross
vehicle weight)to and from the site except for waste collection vehicles and moving vans;
(iv) Not have noticeably different and disruptive hours of operation;
(v) Be sufficiently desirable for the entire community that the loss of
residential land is justifiable in relation to the benefit;
(vi) Be compatible in terms of structure placement,height,orientation
or scale with the predominate building pattern in the area;
(vii) Be located on the lot with a greater setback or with landscape
buffering to minimize the impact of the use on adjacent property; and
(viii) Be consistent with all other applicable standards in the zone.
(c) Commercial Standards. The Zoning Board of Adjustment shall review each
application for the purpose of determining that each proposed use located in a commercial zone meets
the following standards as well as those set forth in Section 29.1503(4)(a)above and,in addition,shall
find adequate evidence that each use in its proposed location will:
(i) Be compatible with the potential commercial development and
use of property planned to occur in area;
(ii) Represent the sufficiently desirable need forthe entire community
that the loss of commercial land is justifiable in relation to the benefit; and
(iii) Be consistent with all other applicable standards in the zone.
(d) Special Use Permits for Functional Families.
(i) Purpose. This Section is to provide for the regulation of
Functional Families that may request to reside in a Single Family Dwelling,Two Family Dwelling or
Single Family Attached Dwelling. The regulations are also intended to prohibit larger groups of
unrelated persons from residing in Single Family Dwellings,Two Family Dwellings,or Single Family
Attached Dwellings.Larger groups of unrelated persons have frequently shown to have a detrimental
affect on Single Family neighborhoods since larger groups of unrelated persons do not live as a family
unit and do not have significant economic or emotional ties to a neighborhood.
(ii) Standards of Functional Families. The Zoning Board of
Adjustment shall review each application for a Special Use Permit for a functional family as provided
for in this section after having determined that the application meets the following standards:
a. The functional family shares a strong bond or
commitment to a single purpose(e.g.religious orders);
b. Members of the functional family are not legally
dependent on others not part of the functional family;
C. Can establish legal domicile as defined by Iowa law;
d. Share a single household budget;
e. Prepare food and eat together regularly;
f. Share in the work to maintain the premises;and
g. Legally share in the ownership or possession of the
premises."
Section Two. Violation of the provisions of this ordinance shall constitute a municipal infraction
punishable by a penalty of$500 for a first violation and$750 for each repeat violation.
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 10"' day of February , 2009.
Diane R.Voss,City Clerk Ann H. Campbell,Mayor