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HomeMy WebLinkAbout~Master - Text amendment to allow limited residential use of the first floor in downtown ORDINANCE NO. 4125 AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES,IOWA,BY REPEALING TABLES 29.808(2),AND ADOPTING NEW TABLE 29.808(2) TO ALLOW LIMITED RESIDENTIAL USE ON THE FIRST FLOOR IN DOWNTOWN; 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. WHEREAS,the City Council received a request from Newbrough Law Firm,LLP to amend the Zoning Ordinance to allow limited residential use on the first floor in the Downtown Service Center(DSC)Zone;and WHEREAS,the Council referred said request on July 24,2012,directing staff to initiate the text amendment process; and WHEREAS,one of the statedpurposes of the Downtown Service Center is to encourage pedestrian activity with a strong emphasis on safe,vital and attractive streets, and WHEREAS,a continuous street face of commercial or non-residential uses can support the synergy needed to ensure a vibrant commercial economy and create visual draw for pedestrians walking along downtown streets;and WHEREAS, amending the code to allow some degree of residential use on the first floor will not hinder commercial clustering or visual draw along commercial streets,provided that residential uses are not located along the front,street side of the buildings at street level. NOW THEREFORE,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 Table 29.808(2),and adopting a new Table 29.808(2),to read as follows: Table 29.808(2) Downtown Service Center(DSC)Zone Uses USE CATEGORY STATUS APPROVAL APPROVAL AUTHORITY REQUIRED RESIDENTIAL USES Group Living -' - Household Living ,except n combination with SDP Minor Staff ermitted non-residential use r uses,in which case 75% ousehold Living shall be ocated above the first story, nd at least the front 50%of the First story must be maintained or non-residential use. Short-term Lodgings y SDP MINOR STAFF OFFICE USES V SDP MINOR STAFF BADE USES SDP MINOR STAFF etail Sales and Services General etail Trade- DP MINOR STAFF utomotive,etc. Entertainment,Restaurant Y - - and Recreation Trade Wholesale Trade SDP MINOR STAFF NDUSTRIAL USES - Industrial Service • NSTITUTIONAL USES - - olleges and Universities ommunity Facilities Y SP ZBA ocial Service Providers Y SDP MINOR STAFF edical Centers SP ZBA arks and Open Areas V - eligious Institutions V SDP MINOR STAFF Schools P ZBA RANSPORTATION, - - OMMUNICATIONS ND UTILITY USES assenger Terminals asic Utilities V SDP MINOR STAFF ommercial Parking y SDP MAJOR DTY COUNCIL Radio and TV Broadcast Y SDP MINOR STAFF Facilities Rail Line and Utility y SP ZBA Corridors Railroad Yards N SP ZBA ISCELLANEOUSUSES ommercial Outdoor ecreation hild Day Care Facilities V - - Detention Facilities N SP ZBA ajor Event - - ntertainment Vehicle Service Facilities SP VBA dult Entertainment DP MINOR TAFF usiness IS r Y = Yes: permitted as indicated by required approval. N = No: prohibited SP = Special Use Permit required: See Section 29.1503 SDP MINOR = Site Development Plan Minor: See Section 29.1502(3) SDP MAJOR = Site Development Plan Major: See Section 29.1502(4) ZBA = Zoning Board of Adjustment Section Two. Violation of the provisions of this ordinance shall constitute a municipal infraction punishable asset 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 9t' day of October , 2012 . Diane R.Voss,City Clerk Ann H. Campbell,Mayor