HomeMy WebLinkAbout~Master - Zoning Text Amendments Relating to Environmentally Sensitive Area Overlay (O-E) ORDINANCE NO. 4257
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY
OF AMES,IOWA, BY REPEALING SECTION 29.1103 AND ENACTING
A NEW SECTION 29.1103 THEREOF, FOR THE PURPOSE OF
REVISING THE APPLICABILITY OF THE O-E DISTRICT TO
ACTIVITIES WITHIN THE FLOODWAY; REPEALING ANY AND
ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO
THE EXTENT OF SUCH CONFLICT; 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 29.1103 and enacting a new Section 29.1103 as follows:
"Sec.29.1103. "O-E" ENVIRONMENTALLY SENSITIVE AREA OVERLAY.
(1)Purpose.The Environmentally Sensitive Overlay(O-E)Zone is intended to supplement the City's flood
plain regulations and to protect designated natural resource areas by using the natural resources inventory to identify
and preserve natural resources and by establishing parks and open space areas. Greenways are included in this
district for stream corridors, linear parks and open spaces adjacent to environmentally sensitive areas to create a
continuous system throughout the City.
(2) Designation of Environmentally Sensitive Areas. Any area may be designated an O-E Zone by
ordinance of City Council, after the advice and recommendation of the Planning and Zoning Commission, if the
results of a scientific study of the area support the conclusion that the area so designated is especially sensitive to
adverse public impact from development due to unique environmental circumstances. Examples of such areas that
may be designated as an O-E zone are:
(a)Flood Plain Areas.Those areas defined in Chapter 9 of the Municipal Code;
(b)Designated Natural Resource Areas. Those areas defined in "A Natural Areas Inventory of
Ames" (July 18, 1994);
(c)Park and Open Space Areas.Those areas defined in the City's Parks and Recreation Master
Plan of the Municipal Code;
(d)Green-ways. Those areas as may be defined as Green-ways by the City Council; and
(e)Aquifer Protection Areas. Those areas as may be defined as Aquifer Protection Areas as
defined by the City Council.
(3) Studies. The Department of Planning and Housing and the Planning and Zoning Commission are
authorized to conduct studies in order to evaluate areas for environmental sensitivity as part of the continuing
process of maintaining a current comprehensive land use plan for the City. Additionally, studies done by or for other
governmental or private parties may be adopted for the purposes of this section.
(4) Procedures. No Building/Zoning Permit shall be issued and no grading, excavation, construction or
change in use shall occur in an area designated as an O-E Zone except in accordance with the procedures set forth in
Section 29.1502(4), "Major Site Development Plan Review" or with the procedures set forth for a Preliminary Plat
in Chapter 23, Subdivisions.
In addition, the applicant shall prepare and submit an Environmental Assessment Report, which shall detail how the
problems identified in the study on which the O-E Zone designation was based will be addressed, obviated or
mitigated. City Council shall not approve the Major Site Development Plan or Preliminary Plat unless it has
reviewed and approved the Environmental Assessment Report.
(a)Development within the Floodway
(i)If no activity defined as a Development Use in Section 9.4(2)occurs within the O-E
Zone,the requirements of this subsection shall not apply.
(ii)If any activity defined as a Development Use in Section 9.4(2)occurs within the O-E
Zone,the requirements of this subsection shall apply to the entire site.
(5)Enforcement.Development or other activities in conflict with the Major Site Development Plan, or a
failure to implement the Plan, including the measures set out in the Environmental Assessment Report shall
constitute the violation of this section for which any and all enforcement means and remedies established by law or
zoning regulations may be invoked and instituted."
Section Two.All ordinances, or parts of ordinances, in conflict herewith are hereby repealed to the extent
of such conflict, if any.
Section Three. This ordinance shall be in full force and effect from and after its passage and publication as
required by law.
Passed this 10t'day of May,2016.
Diane R Voss,City Clerk Ann H. Campbell,Mayor