HomeMy WebLinkAbout~Master - Text amendment related to plats of survey for minor divisions of land ORDINANCE NO. 4061
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF
AMES,IOWA,BYBY REPEALING SECTION 23.102(3)(a)(b)(c),SECTION
23.102(4), SECTION 23.307(3)(a)(b)(c)(d)(e)(f)(g), SECTION
23.307(4)(a)(b)(c)(d), SECTION 23.307(7), SECTION 23.308(2) AND
ENACTING NEW SECTION 23.102(3)(a)(b)(c), SECTION 23.102(4),
SECTION 23.307(3)(a)(b)(c)(d)(e)(f)(g)(h),SECTION 3.307(4)(a)(b)(c)(d)(e),
SECTION 23.307(7), SECTION 23.308(2)(a)(b)(c)(d)(e)(f)(g), THEREOF,
FOR THE PURPOSE OF STREAMLING THE DEVELOPMENT PROCESS
RELATED TO PLATS OF SURVEY FOR MINOR DIVISIONS OF LAND;
REPEALING ANY AND ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT;
PRO VIDING 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 Section 23.102(3)(a)(b)(c)and Section 23.102(4)and enacting a new Section 23.102(3)(a)(b)(c)and
Section 23.102(4) as follows:
"Section 23.102. PURPOSE,APPLICATION,AND WAIVER/MODIFICATION
(3) These Regulations apply where any or all of the following circumstances exist or occur:
(a) any area of land which has been divided or shall hereafter be divided into two or more
parts;
a complete platted lot. (b) any area of land that is described by metes and bounds,or an area of land that is not
(c) any adjustment,addition,or deletion of lot or parcel lines.
(4) Such area of land shall be platted or reviewed in accordance with these regulations,prior to issuance
of zoning and/or building permits for development or change in use of that area of land. A zoning permit and/or building
permit shall not be issued with respect to an area of land that is within the scope of 3(a)or 3(b)above until such area
of land has been platted in accordance with these Regulations,or otherwise determined to be a legalized lot as defined
in this Chapter.
Section Two. The Municipal Code of the City of Ames,Iowa shall be and the same is hereby amended by
repealing Section 23.307(3)(a)(b)(c)(d)(e)(f)(g)and Section 23.307(4)(a)(b)(c)(d)and Section 23-307(7)and
enacting a new Section 23.307(3)(a)(b)(c)(d)(e)(f)(g)(h)and Section 23.307(4)(a)(b)(c)(d)(e)and Section 23.307(7)
as follows:
Section 23.307. REVIEW PROCEDURES FOR CONVEYANCE PARCELS
• (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 of the lot by square footage.
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(c) A copy of a record of survey of the conveyance parcel(if one exists).
(d) 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.
(e) Identification of any contiguous or abutting lots under the same ownership as the
subject site.
(f) A title opinion or abstract identifying the date of conveyance.
(g) A completed application form as provided by the Department of Planning&Housing,
along with applicable fees.
(h) In lieu of items A through F of this section,an application may include either(a)an
official plat of survey that has been recorded by Story or Boone County prior to August 4,2009,or,(b),a title opinion
or abstract along with a record of survey,confirming that the date of conveyance and survey occurred prior to July 1,
1990.
(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 after July 1, 1990 and 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 23.307(5).
(b) Nonconformance to development standards. Ifthe parcel was created by,or resulted
from,a conveyance occurring after July 1, 1990 and 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 23.307(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 plated conveyance parcel;or
(d) Creation by deed or contract. If it can be determined that the conveyance parcel was
created by deed or contract and also surveyed prior to July 1, 1990,it shall be considered a pre-established conveyance
parcel.
(e) Unauthorized parcel. If the conveyance parcel is not deemed by the Director to be
a pre platted or pre-established conveyance parcel, or has not otherwise been deemed a valid parcel for permitting
purposes under the provisions of this Chapter,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.
(7) Pre-platted and Pre-established Conveyance Parcels.
Any lot deemed to be a pre platted orpre-established conveyance parcel under the provisions of Section 23.306(4)shall
be recognized as a valid lot of record. Permits may be issued subject to conformance with all development standards
as adopted,and subject to the presence of survey monuments to facilitate verification of setback compliance.
Section Three. The Municipal Code of the City of Ames,Iowa shall be and the same is hereby amended by
repealing Section 23.308(2)and enacting a new Section 23.308(2)(a)(b)(c)(d)(e)(f)(g)as follows:
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Section 23.308. REVIEW PROCEDURES FOR PLATS OF SURVEY
(2) Applicability:
This Section applies to all plats of survey within the City of Ames, and to all plats of survey describing divisions or
conveyances of land lying within the unincorporated area extending not more than two(2)miles beyond the Ames City
Limits. It does not apply to retracement surveys as defined by this Chapter. The only types of divisions which may be
approved as plats of survey are:
(a) Boundary Line Adjustments
(b) Replats to correct errors as provided in Section 23.310
(c) Auditor's plats as provided in Code of Iowa Section 254.15
(d) Conveyance divisions occurring prior to August 4,2009
(e) Minor Subdivisions in areas ofthe Ames Urban Fringe designated
as Agricultural&Farm Service or Rural Residential.
(f) Division of lots within existing single-family subdivisions creating
no more than one additional lot,provided that the plat of survey is of the entire lot or parcel being
divided.This provision only applies to one-time splits of existing lots of a subdivision and does not
apply to repeated divisions.
(g) The division of an aliquot part of a section, provided that the
division is to separate an existing or former farmstead from the remainder of the aliquot part, and
provided that any required covenants pertaining to rural water buyout,assessment for installation of
infrastructure,and agreement to future annexation are signed and submitted prior to the City Council's
final action on the plat of survey. This requirement pertaining to covenants applies anywhere in the
Fringe except in the Agriculture&Farm Service,and Rural Residential areas."
Section Four.Violation of the provisions of this ordinance shall constitute a municipal infraction punishable
as set out by law.
Section Five. All ordinances, or parts of ordinances, in conflict herewith are hereby repealed to the extent
of such conflict,if any.
Section Six. This ordinance shall be in full force and effect from and after its passage and publication as
required by law.
Passed this 26' day of Aril , 2011
Diane R. Voss,City Clerk Ann H. Campbell,Mayor