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HomeMy WebLinkAboutA005 - Recorded copy of Ordinanance - Story County Instrument No. 2017-00000175 Return to: (env) 111 uate:Jan 09,2017 09-17:58A 0 Rec Fee.' 25.00 E-Com Fee: Ames City Clerk b Aud Feel .00 Trans Tax, :Kec Nanagement reel -1.00 Box 811 Pion-Standard Fage Fee' :[0.00 Ames IA 50010 Filed for record in S'iory ('01inf,:ff Iowa .ORDINANCE NO 3998 a L- Herridsey (.*o1int-:i Recorder AN ORDINANCE OF THE CITY OF AMES, IOWA, RELATING TO SUBDIVISION REGULATIONS; AMENDING AMES MUNCIPAL CODE SECTION 23.102 TO CLARIFY THE TYPES OF CONSTRUCTION FOR WHICH PERMITS CANNOT BE ISSUED ON UNAUTHORIZED PARCELS;AMENDING SECTION 23.201 TO DEFINE"CONVEYANCE PARCEL" AND "LEGALIZED LOT"; AMENDING SECTION 23.301(5) TO REFERENCE CONVEYANCE PARCELS;AMENDING SECTION 23.305(2)PERTAINING TO APPEALS; ADOPTING A NEW SECTION 23.306 DESCRIBING PROCEDURES FOR RECOGNIZING LOTS CREATED THROUGH CONVEYANCE OR RECORDINGS OF PLATS OF SURVEY PRIOR TO AUGUST 4,2009 BE IT ENACTED, by the City Council for the City of Ames, Iowa, that: Section One. Section 23.102 of the Ames Municipal Code is hereby amended as follows: "Sec. 23.102. PURPOSE,APPLICATION,AND WAIVER/MODIFICATION. (2) Application: (a) The provisions of the Regulations are the minimum requirements for promotion of the public health, safety,and general welfare. No zoning permit or building permit shall be issued for construction,enlargement or expansion of a principal building,within the meaning of the City's zoning regulations, from the effective date of the Regulations with respect to any land that has been divided without compliance with the provisions of the Regulations and all other applicable state laws and city ordinances in force at the time of such division. If the Regulations impose hi-her standards than are required in any other statute or local ordinance or regulation, the Regulations shall govern. If any other statute or local ordinance or regulation imposes higher standards than are required by the Regulations,the other statute or local ordinance or regulation shall govern. Section Two. Section 23.201 of the Ames Municipal Code is hereby amended to include a definition of "Conveyance Parcel"as follows: See. 23.201. DEFINITIONS. Unless otherwise expressly stated, the following terms shall, for the purposes of the Regulations, have the meaning herein indicated. (1) Adequate Public Facilities: Facilities determined by the City Council to be capable of supporting and servicing specified levels of service for anticipated infrastructure needs in the physical area and with the designated intensity of a proposed subdivision. (13) Conveyance Parcel: Any parcel created by the division of land through a deed or contract Conveyance, or any boundary line adjustment of land established through a deed or contract Conveyance, initially created or established without the benefit of City review and approval, which has been assigned a tax parcel number prior to August 4,2009, and which is not a legalized lot as defined in this Chapter. (14) Dedication: A grant to the City of title to land, without compensation. (21) Land Use Policy Plan: the comprehensive plan for the City of Ames, Iowa, as adopted August 26, 1997, and as subsequently amended. (22) Legalized Lot: Any lot or parcel approved pursuant to the provisions of this Chapter,or as otherwise legalized under the provisions of Code of Iowa Sections 592.2, 592.3 and/or 592.4. (213) Lot: An area of land designated by number or letter in a plat of subdivision recorded pursuant to the Regulations,or otherwise recorded with the office of the County Recorder. (26) Outlot:An unbuildable area of land, due to its,size, shape,topography or general location within the phasing of a subdivision. (27) Parcel: A part of,an aliquot part of a section,a lot within an official plat,or a government lot. In this context,the term"parcel" does not mean, and should not be confused with,tax parcels. (28) Preliminary Plat: A plat for a proposed major subdivision prepared and submitted in accordance with Section 23.13 of the Regulations. Section Three. Section 23.301(5)of the Ames Municipal Code is hereby amended to read as follows: Sec. 23.201. PRE-APPLICATION CONFERENCE. (5) Classification of Divisions and Subdivisions: (a) The Department of planning and housing shall issue a written determination as to the classification of a proposed division or subdivision within 20 days of the conclusion of the pre-application Conference process. Divisions and subdivisions will be classified as a Major Subdivision,a Minor Subdivision, Boundary Line Adjustment, or a Conveyance Division. (c) Any subdivision not meeting both conditions for classifications as a Minor Subdivision, or that does not conform to the definition of a Conveyance Division or Boundary line Adjustment, shall be classified as a Major Subdivision. Section Four. Anew Section 23.306 of the Ames Municipal Code,titled"Review Procedures for Conveyance Parcels" is hereby adopted to read as follows: Section 23.306. REVIEW PROCEDURES FOR CONVEYANCE PARCELS. (1) Purpose: The purpose of this Section is to provide a review process to determine if conveyance parcels as defined in Section 23.201(13)are to be recognized as independent developable parcels based upon the time of their creation,or based upon their conformance to applicable development standards. It is further intended to define a process by which building or zoning permits can be issued for conveyance parcels. (2) Applicability This Section applies to all parcels or divisions defined as conveyance parcels in Section 23.201(13). (3) Application for Review of Conveyance Parcel. Application for review of conveyance parcels shall include all of the following: (a) The tax parcel number of the conveyance parcel. (b) A legal description of the original parcel, and a scaled, dimensioned drawing of the conveyance parcel,which includes all dimensions of lot or boundary lines and states the area ofthe lot by square footage. (c) The location and name of abutting streets and rights of way,any easements on or serving the site, and any existing structures on the site and within 10 feet of the site. (d) Identification of any contiguous or abutting lots under the same ownership as the subject site. (e) A title opinion or abstract identifying the date of conveyance. (f) A completed application form as provided by the Department of Planning&Housing,along with applicable fees. (g) In lieu of items A through E of this section, an official plat of survey that has not been reviewed or approved by the City,but which has been recorded by Story or Boone County prior to August 4,2009,may be submitted. (4) Review Procedures The Planning & Housing Director (or designee) shall review the application and determine if the conveyance parcel conforms to one of the following: (a) Conformance to development standards. If the parcel was created by, or resulted from, a conveyance occurring prior to August 4, 2009, and also conforms to all setback, area, and width requirements, the Director shall issue a written determination that the lot is a conforming conveyance parcel as to setbacks, lot area and width and is subject to the review provisions of Section 23.306(5). (b) Nonconformance to development standards. If the parcel was created by,or resulted from, a conveyance occurring prior to August 4,2009,but does not conform to all setback, size and width requirements,the Director shall issue a written determination that the parcel is a non-conforming conveyance parcel and may only be developed under the provisions of Section 23.306(6); or (c) Creation by plat of survey. If it can be verified that a plat of survey for the conveyance parcel was recorded prior to August 4,2009, it shall be considered a pre platted conveyance parcel. (d) Unauthorized parcel. If the conveyance parcel was created after August 4,2009,the Director shall issue a written determination that the parcel is not an authorized division or subdivision of land under the City's subdivision standards, and that it is not recognized by the City as a valid parcel for permitting purposes. The determination shall be forwarded to the applicant,and also to the County Recorder's Office,the County Auditor's Office, and the City Assessor's Office. (5) Conforming Conveyance Parcel Conforming conveyance parcels are those that conform to the minimum size, area and width requirements specified in Ames Municipal Code Chapter 29 at the time that a determination is made under the provisions of Section 23.306(4). Conforming conveyance parcels are subject to the following requirements: (a) Conforming conveyance parcels shall be reviewed under the procedural requirements defined in Section 23.301 prior to the creating and recording of a plat of survey describing the lot, and prior to issuance of building or zoning permits for the lot. (b) Conveyance parcels approved under this Section shall be described and recorded by plat of survey as allowed under the provisions of Section 23.103(2), (as opposed to a final subdivision plat). The property so described by the plat of survey shall be staked with official survey monuments as specified in Section 23.401(3)prior to the recording of the plat of survey and prior to issuance of zoning or building permits. (c) All public improvements otherwise applicable to subdivisions as required by the City's Design and Improvement Standards specified in Ames Municipal Code Chapter 23, Division IV, shall be installed prior to creation and recording of the plat of survey and prior to issuance of zoning or building permits. These requirements do not apply to pre-platted conveyance parcels as described in Section 23.306(7). (d) If, in the opinion of the Public Works Director, the public improvements required under subsection C should be delayed,the lot owner may,in lieu of installing the actual public improvements, opt to secure the future installation of these improvements in accordance with Section 23.409. A determination as to whether public improvements may be delayed shall be reached during the conveyance parcel review process as described in Section 23.301. (e) Provisions of subsections 23.306(5)(C)and 23.306(5)(D)do not apply to conveyance parcels created by boundary line adjustments, except that the requirement for a recorded plat of survey shall be complied with prior to zoning or building permit issuance. (f) Plats of survey shall not be prepared for conveyance parcels until all provisions for reviewing conveyance parcels, and all conditions for plat of survey recordation, as described in this Section have been met. (6) Non-conforming Conveyance Parcel Non-conforming conveyance parcels are those lots that do not conform to the minimum area and width requirements, or contain structures that do not conform to minimum setback requirements,specified in Ames Municipal Code Chapter 29 at the time that a determination is made under the provisions of Section 23.306(4). Permits shall not be issued on non- conforming conveyance parcels except under the following provisions: (a) The Zoning Board of Adjustment makes a determination that the public interest will not be adversely affected by the granting of a permit on the lot. In making this determination,the Board shall consider: (i) Whether the lot can be developed in amannerthat reflects surrounding development patterns and setbacks and does not need variances for new construction; (ii) Whether existing development on the lot either conforms to current setback requirements as measured from the conveyance parcel lines or conform to all adopted building code, fire code, and fire separation requirements, and (iii) Whether, in the opinion of the City Engineer,the lot conforms to all applicable engineering and public improvement standards. (iv) Whether, in the opinion of the Fire Inspector,the lot conforms to all fire codes applicable at the time any structures on the site were built,and conforms to any current fire codes pertaining to setbacks from property lines that have been moved closer to any structures after they were built. � . 3 (b) If the Planning& Housing Director determines that a non-conforming conveyance parcel qualifies for legal lot status under the provisions of this Section, building and zoning permits shall not be issued for the lot unless all conditions required for conforming conveyance parcels in Section 23.306(5) are met. (7) Pre-platted Conveyance Parcel. Any lot deemed to be a pre platted conveyance parcel under the provisions of Section 23.306(4)(C)shall be recognized as a valid lot of record. Permits may by issued subject to conformance with all development standards as adopted. (8) Appeals. Decisions of the Planning&Housing Director under the provisions of this Section 23.306 are appealable to the Zoning Board of Adjustment under the provisions of Section 23.305(2)(A). Section Five. Subsection 23.305 of the Ames Municipal Code is hereby amended,to read as follows: Sec. 23.305. APPROVAL,RECORDATION AND APPEAL. (1) Approval and Recordation: (a) The passage of a resolution by the City Council accepting any Final Plat,whether for Major or Minor Subdivision,or any Plat of Survey,shall constitute final approval of the division or subdivision subject to the City Clerk receiving a copy of the recorded Final Plat or Plat of Survey. (b) The applicant shall request that a copy of such resolution be certified by the City Clerk. The applicant shall cause the Final Plat or Plat of Survey and the certified resolution to be recorded in the office ofthe County Recorder of Story County,or Boone County, Iowa, as appropriate. (c) The applicant shall provide a copy of the recorded Final Plat or Plat of Survey and certified resolution to the City Clerk within 30 days of the final approval of the Final Plat by the City Council. The City Council may initiate proceedings to revoke any approved Final Plat or Plat of Survey not so received, (2) Appeal of Decision. (a) Conveyance Parcels. Decisions of the Planning&Housing Director pertaining to conveyance parcels may be appealed to the Zoning Board of Adjustment within 20 days of the date of the decision. The appeal shall state the specific reasons for the appeal and explain how the Director erred in the decision. (b) Preliminary or Final Plats, Plats of Survey. Decisions by the governing body of any Preliminary Plat, Final Plat or Plat of Survey may be appealed to the district court pursuant to Code of Iowa Section 354.10. Section Six. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared unconstitutional or invalid for any reason, such invalidity shall not affect the validity or effectiveness of the remaining portions of this ordinance." Section Seven. All ordinances, or parts of ordinances, in conflict herewith are hereby repealed to the extent of such conflict, if any. Section Eiaht. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this 281h day of July,2009. Diane R. Voss, City Clerk Ann H. Campbell, Mayor P, 4 CITY OF ►. Ames . Smart Choice December 30, 2016 STATE OF IOWA COUNTY OF STORY CITY OF AMES I, Diane R. Voss, being the duly appointed City Clerk of the City of Ames, Iowa, do hereby certify that the above and foregoing Ordinance No. 3998 is a true and accurate copy of the said Ordinance and that the said Ordinance was passed and adopted by the City Council of the City of Ames, Iowa, at a duly called meeting thereof on the 28th day of July, 2009. .art Diane R. Voss, City Clerk (SEAL) City Clerk's Office 515.239.5105 main 515 Clark Ave.,P.O.Box 811 515.239.5142 fax Ames,IA 50010 www.CityofAmes.org