HomeMy WebLinkAboutA005 - Council Action Form dated December 14, 2021 ITEM: 31
DATE: 12/14/21
COUNCIL ACTION FORM
SUBJECT: TEXT AMENDMENT TO STANDARDS FOR DETACHED GARAGES &
ACCESSORY BUILDINGS AND NONCONFORMING STRUCTURES
BACKGROUND:
Grant Thompson, of 407 Pearson Avenue in Country Club Estates, contacted the City
Council (Attachment A) regarding his inability under Municipal Code to demolish and
rebuild an existing, nonconforming, detached garage in the same location (Aerial &
Setbacks in Attachment B, Relevant Code in Attachment C — Part 1).
The garage is at the rear corner of the lot, with a straight driveway leading from the street.
Mr. Thompson's garage is considered nonconforming with regard to its side and
rear setbacks. Mr. Thompson has stated that the garage is deteriorating, and he would
like to replace it in the same location. Due to the configuration of the house on the lot,
complying with the setbacks for a new garage will mean that the rear yard is mostly
occupied by the new structure.
While having a garage is neither a right guaranteed by the Zoning Ordinance, nor is it
required, it is generally recognized as desirable along with having usable yard space on
a property. City standards address placement of detached structures and allow for
remodeling and rehabilitating the nonconforming garage; however, replacement of a
nonconforming structure is prohibited.
At its meeting on October 12, 2021, City Council reviewed a staff report that provided
background information regarding nonconforming conditions and included options for
how to address conditions related to nonconforming accessory buildings and the general
setback requirements for accessory buildings. Staff outlined options for reducing setbacks
for all accessory buildings, addressing nonconforming buildings only, or creating a Zoning
Board of Adjustment exception process.
City Council directed staff to proceed with two text changes in response to Mr.
Thompson's request and the general standards for accessory building setbacks:
1. Modify the current rear yard accessory building rear setback exception of 3 feet to
apply to any building in the rear yard whether it is wholly behind the primary
building [the current standard] or partially behind the primary building, and
2. Amend standards for nonconforming structures to enable existing accessory
buildings to be demolished and replaced in the same location with the same
dimensions.
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In response to City Council's direction, staff is proposing text changes as shown
in Attachment C — Part 1. Although these changes are designed primarily to address
City Council's direction, they also include changes intended to help clarify how standards
are applied in relation to reduced setbacks.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
The Planning and Zoning Commission met on November 3, 2021, to consider the
proposed text amendment as represented by Attachment C — Part 1. The Commissioners
discussed at length whether allowing nonconforming structures to nonconform in
perpetuity was a good idea. Several Commissioners pointed out that zoning codes are
typically written so that nonconformities eventually disappear when the nonconforming
structure reaches the end of its useful life and is replaced by a conforming structure.
Commissioners also discussed at length reducing the side setbacks for accessory
structures as well as the rear setbacks in order to create conditions that are more usable
for a property owner.
The Commission voted 3-2-0 to recommend reducing the rear setbacks for detached
garages and accessory buildings, allowing for the reconstruction of accessory structures
in the same location as initiated by the City Council, and to also modify the following
additional standard:
• Reducing all setbacks for single-story accessory structures in the rear yard to three
feet (along both rear and side property lines)
Attachment C— Part 2 contains staff-proposed changes to accomplish the Planning
and Zoning Commission recommendations. The two nay votes were cast in opposition
to the changes that permitted the full reconstruction of nonconformities.
The attached Addendum provides additional background in relation to setbacks and
nonconformities.
ALTERNATIVES:
1. Approve on first reading a text amendment to reduce the rear setback for detached
accessory buildings and allow for the reconstruction of accessory structures in the
same location —Attachment C — Part 1 — (City Council Directive).
2. Approve on first reading a text amendment to reduce the rear setback for detached
accessory buildings and allow for the reconstruction of accessory structures in the
same location and allow for reduced side yard setbacks in the rear yard for single-
story accessory buildings — Attachment C — Parts 1 & 2 — (Planning & Zoning
Commission Recommendation).
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3. Direct staff to prepare modifications to the proposed text amendment and return
for Council consideration at a later date.
4. Do not approve the proposed text amendment.
CITY MANAGER'S RECOMMENDED ACTION:
The issue of setbacks and accessory buildings relates to compatibility and usability. A
balance of these issues is at play with the proposed changes, both across the City as a
whole as well as within neighborhoods with similarly situated properties. These accessory
buildings are typically found in the older, core neighborhoods that are more likely to have
varying degrees of nonconformities. The City Council discussed the issue of supporting
investment for these older properties and recognized that maintaining property and
garages would be beneficial to their character.
The setback standards currently apply equally to new structures and replacement
structures throughout the City. As presently written, the regulations for accessory
structures and nonconformities are designed to allow current nonconforming structures
to remain until such time as replacement is required. At that time, compliance with
setbacks is necessary. The proposed changes (Attachment C — Part 1) will result in a
slightly expanded opportunity to site new buildings with a reduced rear yard setback and
also create a new exception for nonconforming accessory buildings to rebuilt as is.
In addition to the changes reflected in Attachment C — Part 1, the additional changes
presented in Attachment C — Part 2 reduce side year setbacks and further provide
flexibility and encourage investment in detached accessory buildings and garages.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative 2, as supported by the Planning & Zoning Commission.
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ADDENDUM
Typically, the City's residential zoning districts have 20-foot rear setbacks and 6-foot
interior side setbacks for one-story homes or 8-foot interior setbacks two-story homes.
Detached accessory buildings also have a maximum height limitation of up to 20 feet, a
maximum size of 900 feet, and a maximum cumulative rear yard coverage of 25%. The
City, however, allows for reduced setbacks down to 3 feet in certain situations where the
detached accessory building is placed in the rear yard directly behind a home and on
some corner lots depending on the configuration. (Attachment C— Part 1 includes current
code standards. Attachment D illustrates current zoning setback requirements.)
Commonly, older detached garages located on interior lots are not located directly behind
a home due to driveway orientation and encroach into side and rear setbacks. This is the
case on Mr. Thompson's lot.
Nonconforming garages and accessory buildings are not unique to Mr. Thompson's
property. Staff did a visual survey of recent (2021) aerial photography for areas north of
Downtown and south of Campus that are known to have a significant number of detached
garages and determined that over 600 properties (out of 1,108) likely have accessory
buildings that are nonconforming in either the rear setback, the side setback, or both
(Attachment E). Similar nonconformities can be found in other neighborhoods.
Staff reviewed zoning ordinances from four other Iowa cities pertaining to accessory
buildings. Ames and the other cities all allow for reduced setbacks for accessory
buildings, though each code has its nuance. Codes might also address accessory building
square-footage and/or the percentage of a lot occupied by such a building. Generally, the
reduced setbacks in Ames and other cities are either 3 or 5 feet. Such standards seek to
balance spacing and setbacks with flexibility for a property owner (Attachment G).
CODE ANALYSIS:
Standard residential setbacks are generally a matter of convention and taste and have
evolved over time along with changes to building and fire codes and transportation
technology (primarily the automobile). Ames's single-family residential setbacks are in
line with those of cities around the country. Buildings in proximity to one another do not
pose a threat to life, so long as proper precautions are made to prevent the spread of fire.
Changing either the garage setback standards and/or the nonconforming standards will
affect all properties in the City, allowing increased owner flexibility for siting for accessory
buildings. Neighboring properties, however, would then have structures closer to their
lots. The primary issues of the proposed changes are consistency in standards,
compatibility, and usability.
Nonconforming Setbacks
The proposed change allows for the reconstruction of a setback-encroaching accessory
building if the new building is the same size and in the exact same location as the old
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building, meaning it cannot be moved or enlarged without complying with zoning
standards. Staff examined the impact of allowing setback-nonconforming accessory
structures to ascertain the effect of this code change (Attachment E). Staff found that in
a number of cases, the ability to reconstruct a nonconforming garage will be of limited
use if the garages do not conform to contemporary needs. Nonconforming detached
garages were often erected when the home was constructed, at a time when cars were
smaller (Attachment F).
The proposed change allows replacement of like for like but does not allow for an
expansion of encroachments. As proposed, a building constructed 2 feet from a property
line may be rebuilt 2 feet from the property line in the same spot, but that building may
not be enlarged with the same 2-foot setback. The change does not address the
constraints of a building smaller than contemporary requirements. If a property owner
wants a larger garage, the proposed rear yard setback change will ease restrictions, but
the minimum side yard setback (6 or 8 feet) would then apply.
407 Pearson Avenue
An example of this situation is the detached garage owned by Mr. Thompson (Attachment
B). The structure is 16 feet 6 inches wide and 20 feet 6 inches deep. The interior
dimensions are 15 feet 8 inches wide by 19 feet 8 inches deep. In this situation, the depth
of the garage is adequate for the parking of a standard vehicle with its minimum depth of
19 feet. While technically a two-car garage, Mr. Thompson has stated that it is difficult to
fit two full-size vehicles inside. For context, a standard, new two-car garage has an interior
width of at least 18 feet and a door that is 16 feet wide. Mr. Thompson explained, however,
that being able to reconstruct the garage as-is would benefit him. The proposed rear
setback change would allow for the garage to be partially expanded in depth towards the
rear property line since it is setback more than 3 feet. Such an expansion would be offset
3 feet from the side property line.
Setbacks
The proposed text amendments expand the 3-foot setback exception for rear yards to
clearly apply to the whole of a year yard, meaning the full width of the lot behind a home
rather than directly behind a home. The proposed changes do not include changes to
side setbacks for accessory structures. Currently, an accessory structure must meet the
same side setbacks as the primary structure. In residential zoning districts, this side
setback is 6 feet for a one-story building and 8 feet for a two-story building. This distance
is mostly greater than the four Iowa cities staff researched (Ankeny, Des Moines, West
Des Moines, and Iowa City—Attachment G), but each city also has different size limitation
requirements as well.
The proposed rear setback reduction will facilitate new garage construction in the rear
yard. On lots with existing houses, however, it may be difficult to site a new garage due
to the side setbacks and the need for vehicle maneuvering in front of the garage door
(Attachment F). Properties that happen to have nonconforming structures will therefore
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have an advantage over properties that do not happen to have such a structure at this
time, creating potential inequity in garage placement opportunities for similarly situated
lots. This is particularly true for properties with two story homes that have an 8-foot
setback requirement.
Accessory Building Size and Height
Detached garages and accessory buildings may be as large as 900 feet, depending on
lot coverage. There is no limit on the number of accessory buildings, but no more than
25% of the rear yard may occupied cumulatively by all such structures. On a lot with a
home that is taller than one story, an accessory building may be as tall as 20 feet but may
not exceed 80% of the height of the home.
Currently, a 20-foot-tall accessory building may be 3 feet from a property line if that
structure is wholly behind the primary structure or if it meets the corner lot configuration
allowances. Under the proposed text amendment to rear setbacks, 20-foot accessory
structures will be able to be within 3 feet of most of the rear property line. This increases
the potential for larger structures near the rear property line, depending on individual lots
configuration and placement of homes.
In newer subdivisions where homes have maximized the house width in relation to lot
width this will be of minor consequence. On wider lots where homes were not built as
wide as possible, there is an opportunity for more or larger buildings with reduced
setbacks. Although not directly identified as an issue with the initiated text amendment,
other standards could be modified to address compatibility as well. Allowing for a two-
story height could be more appropriate if such a height was only permitted in that portion
of the yard within the primary building setbacks, meaning a rear yard of 20 feet and side
setbacks of 8 feet.
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Attachment A
Request to Council
Good evening Council Member(Dr.)Betcher,
My name is Grant Thompson.I live at 407 Pearson Ave and I believe that we met at the Ag Ave Block Party earlier
this summer when we signed your petition to run again.
I am writing regarding the Ames municipal code as it relates to buildings and planning.We have a 1.5 car garage
that is a non-conforming structure,meaning that it was grandfathered in when the current setbacks for buildings
and accessory structures was passed.The garage is original to the house as far as we know(late 1920s)and is in
disrepair with cracked floors,rotting sills,and is not standing straight and has been this way since we bought the
home in 2018 when I was hired at ISU.
Today I was speaking with Benjamin Campbell,a Planner with the City and learned that essentially there is
absolutely no way for it to be rebuilt without conforming to the modern side and rear yard setbacks.Given the size
of our lot and the configuration of our house and yard,there is really no way to rebuild a new garage that meets
the setbacks.I was told that when a non-conforming structure is lost for any reason-rebuild,derecho,fire,act of
god,etc.the grandfathering of the strucutre is lost too.All new structures must conform.
Benjamin suggested that the only way to really address this was to discuss with my council representative and go
from there.
On one of my many walks through the south campus neighborhood,I noticed that a large number of homes have
garages that are non-conforming and could not be rebuilt in their current locations due to city code.
While garages are"nice-to-haves"and not"necessary"strictly speaking,they are desirable and have not only an
affect on home price,but also desirability for future buyers.For some buyers,a no garage home may be a deal-
breaker.In my case,if the garage is torn down,there's an immediate financial loss to the property and a
desirability-loss when we'd eventually move.
My point is that the code seems to unfairly penalize many older homes-like many of those in the south campus
neighborhood-that have been around longer than the current relevant city code.
We enjoy the numerous amenities in the south campus neighborhood-walkability,campus,campustown,Reiman
Gardens,etc.and would like to remain here for the long-term if possible.My wife works at Workiva and I'm on
campus,so it's a gem of a spot.Yet,the pending loss of a garage that will eventually deteriorate as all structures do,
makes it a complicated choice.
While not the intent of the municipal code,it seems to inhibit the upgrading of older homes in historic
neighborhoods in favor of newer construction and suburban sprawl with larger,modern,and conforming
structures.I don't know what it would take,but it seems that some interpretation,amendment,or such could be
written and passed to at least allow rebuilds under certain circumstances.
I would be happy to visit with you about this and think that,if you are willing,visiting my home and a short walk in
the neighborhood would help illustrate this point.I am starting with you as my ward rep,but would also be happy
to include the at-large reps at this time if you think that would be advisable.
Thank you for your community service and for listening to this concern.
With best regards,
-Grant Thompson,PhD,PLA
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Attachment C — Part 1
Zoning Code:
Proposed Text Changes for Nonconformities &
Detached Garages and Accessory Buildings
Staff proposes the following changes to the Zoning Ordinance as directed by Council.
Text to be removed is Str„^k-+"r^„^" Text to be added is underlined.
Sec. 29.307 Nonconformities
(1) General.
(a) Purpose. It is the general policy of the City to allow uses, structures and lots that
came into existence legally, in conformance with then-applicable requirements, to
continue to exist and be put to productive use, but to mitigate adverse impact on
conforming uses in the vicinity. This Section establishes regulations governing
uses, structures and lots that were lawfully established but that do not conform to
one or more existing requirements of this Ordinance.The regulations of this Section
are intended to:
(i) Recognize the interests of property owners in continuing to use their
property;
(ii) Promote reuse and rehabilitation of existing buildings; and
(iii) Place reasonable limits on the expansion of nonconformities that have the
potential to adversely affect surrounding properties and the community as a
whole.
(b) Unsafe Situations. Nothing in this Section shall be construed to permit the
continued use of a building or structure found to be in violation of building, basic
life safety or health codes of the City.The right to continue any nonconformity shall
be subject to all applicable housing,building,health and other applicable life safety
codes.
(c) Repair and Maintenance. Normal maintenance and incidental repair may be
performed on a conforming structure that contains a nonconforming use or on a
nonconforming structure. Nothing in this Section shall be construed to prevent
structures from being structurally strengthened or restored to a safe condition, in
accordance with an order of the Building Official.
(d) Accessory Uses and Structures.Nonconforming accessory uses and nonconforming
accessory structures shall be subject to all provisions that govern Principal Uses
and structures.
(e) Determination of Nonconformity Status.
(i) Whether a nonconformity exists shall be a question of fact to be decided by
the Zoning Enforcement Officer, subject to appeal to the Zoning Board of
Adjustment.
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(ii) The burden of establishing that a nonconforming use or nonconforming
structure lawfully exists under this Zoning Code, shall in all cases be the
owner's burden and not the City's.
(f) Reversion Prohibited.No nonconforming use,building, structure and/or lot,if once
changed to conform with the Ordinance shall thereafter be changed so as to be
nonconforming again.No nonconforming use,building, structure and/or lot,if once
changed to more nearly conform with the Ordinance, shall thereafter be changed so
as to be less conforming again.
**********
(3) Nonconforming Structures. A nonconforming structure that lawfully occupies a site on the
effective date of this Ordinance that does not conform with the Zone Development
Standards of the underlying Zone or the General Development Standards of this Ordinance
may be used and maintained, subject to the standards and limitations of this Section.
(a) Maintenance and Repair. Maintenance, remodeling and repair of a nonconforming
structure shall be permitted without a variance or a Special Use Permit, provided
that such maintenance, remodeling or repair does not increase the degree of
nonconformity.
(i) Remodeling. An alteration to a nonconforming structure is classified as
remodeling if, either the majority of the exterior walls or the roof is
maintained through-out construction. In the event only an element of the
structure (e.g. one wall) is non-conforming the remodeling of that feature
must maintain 50% or more of its structural support and wall assembly to
be considered remodeling and not rebuilding of the structure. Nothing
within this definition is intended to restrict the adding or changing of
window and door openings or changes to exterior siding and roof materials
in relation to the percentage limitations.
(b) Occupancy by a Conforming Use. A nonconforming structure may be occupied by
any use allowed in the Zone in which the structure is located, subject to all other
applicable use approval procedures and conditions.
(c) Restoration of a Damaged Nonconforming Structure.
(i) Any nonconforming structure damaged to the extent of 70% or less of its
assessed value by fire, wind, tornado, earthquake, or other natural disaster
may be rebuilt, provided such rebuilding does not increase the intensity of
use, as determined by the number of dwelling units(for residences)or floor
area or ground coverage (for nonresidential uses), does not increase the
nonconformity, complies with all other legal requirements, and is
completed within 18 months from the time of damage. The structure shall
not be rebuilt closer to the property line than the original structure or the
applicable district setback lines, whichever is closer.
(ii) Any nonconforming structure damaged to the extent of more than 70% of
its assessed value may not be rebuilt, repaired, or used unless the rebuilt
structure conforms with all regulations of the district in which it is located
or unless the Zoning Board of Adjustment approves the reconstruction by
granting a Special Use Permit after determining that restoration will be
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made to the fullest extent possible in conformance with applicable zoning
standards.
(d) Enlargement and Expansion. A nonconforming structure may not be enlarged,
expanded or extended unless the enlargement, expansion, or extension conforms to
the requirements of this ordinance.
(e) Relocation. The Zoning Board of Adjustment may authorize a structure containing
a nonconforming use to be moved to another location on the same lot,provided that
it determines that such a move will not have the effect of increasing the degree of
nonconformity.
(f) Detached Garage. If a property owner enlarges, expands or extends a principal
building on a site in a residential zoning district in conformance with the applicable
development standards,and if such expansion,extension or enlargement shall result
in a conforming detached garage in the rear yard or a detached garage in the rear
yard that is lawfully nonconforming as to setback becoming a detached garage in
the side yard that does not meet the applicable side yard setback requirements, such
enlargement,expansion,or extension may continue none the less without a variance
from the Zoning Board of Adjustment under the following circumstance. The
conforming or lawfully nonconforming detached garage in the rear yard shall have
occupied the site prior to the effective date of this Ordinance.
(g) Rebuilding Nonconforming Detached Garages and Accessory Buildings. The
following applies to nonconformities for setbacks and building lot coverage.
(i) Nonconforming detached garages and accessory buildings may be
completely demolished(including the foundation) and rebuilt if:
1. The new structure is in the exact same location on the lot as the old
structure;
2. The new building walls and roof height are the same as the old;
3. No portion of the new building may cross a property line, including
eaves; and
4. Any enlargement of the rebuilt, nonconforming detached garage or
accessory structure must conform to building setbacks and lot
coverage standards.
(ii) Rebuilt detached garages and accessory buildings may make modifications
to door and window location and sizes.
(iii) To rebuild a nonconforming detached garage or accessory building,the new
structure must be completed within 18 months of the removal of the old
structure. Removal includes the deconstruction or collapse of a building,
regardless of if any or all of the foundation or building materials are
removed from the site.
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Sec. 29.408 Other General Development Standards
(7) Requirements for Private Garages and Other Accessory Buildings.
(a) The following requirements apply to private garages and accessory buildings in
Agricultural, Residential and Hospital/Medical districts:
(i) Location Within Setbacks.
a. No detached garage or accessory building is allowed in the front yard, or
within the side yard setback adjacent to public right-of-way in the case of
corner lots.
b. Side Yards.
(i) Interior Lot.-A detached garage or accessory building wholly or
partially within the side yard shall meet all the same side setbacks
as required for the principal building w^e„* ;n the ease of^ ^^fner
let.
(ii) Corner Lot. -hq the ease of a ,.,,mer- let a A garage or accessory
building may be placed within 3 feet of the side lot lines, provided
the garage is set back a minimum of 25 feet from the abutting streets
and provided the gar-age er-aeeesser-y btfilding is leeated in the side
yard that does not bu4 the f e mil yard. ,here the pr-ineipalbuilding;
ate.
c. Rear Yards.
(i) A detached garage or accessory building wholly within the rear yard
shall be a minimum of 3 feet from the abutting property line. For
purposes of this section,the rear yard is located between the rear lot
line and the primary structure, extending from side lot line to side
lot line. Side setback lines must still be observed.
(ii) In cases in which the rear yard of a lot abuts the front yard of an
adjoining lot, a detached garage or accessory building in the rear
yard shall be not less than 6 feet from the adjoining,property line for
the distance of the required front yard setback on the adjoining lot.
(iii) In no case shall a detached garage or an accessory buildingin n the
rear yard be placed closer than 15 feet to any lot line that abuts a
street.
gar-aged. in eases in"ieh the rear-yard ef a let abuts the front yard ef an adjei
rear-or-aeeesser-y
4-on4 yard sethaek on the adjoining let-.
e. in ne ease shall a detaehed gar-age or-an aeeesser-y building in the rear-yafd
be plaee.1 elese-than 15 feet to ., ,lot line that .,buts ., street
(ii) Height.
a. A detached garage or accessory building on the same lot with a 1 story
principal building shall not exceed the height of that principal building.
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b. Detached garages or accessory buildings on the same lot with a principal
building that is taller than 1 story shall not exceed 80% of the height of the
principal building or 20 feet, whichever is lower.
(iii) Size.
a. Detached garages and accessory buildings in the rear yard shall not occupy
more than a total of 25% of the rear yard.
b. The maximum gross floor area shall not exceed 900 square feet for a
detached garage or accessory building/structure to a Single Family
Dwelling or 1,200 square feet for accessory uses to a Two Family Dwelling.
c. In any Agricultural or Residential district the cumulative garage door
opening width shall not exceed 30 feet for a Single Family Dwelling. Doors
less than 8 feet in width,such as for lawn and garden equipment,are exempt.
A cumulative width of all garage door openings exceeding 30 feet may be
approved if
(i) the cumulative garage door openings that are generally parallel to
and visible from the street are 20 feet in width or less, and
(ii) the additional garage door openings are located generally
perpendicular to the street or are not visible from the street.
d. Two Family Dwellings are limited to a garage door width of 20 feet per
dwelling unit. Doors less than 8 feet in width, such as for lawn and garden
equipment, are exempt.
(iv) General Requirements.
a. Driveways to streets. The driveway leading from a street to the entrance of
a detached or attached garage shall be at least 20 feet long measured from
the property line.
b. Driveways to alleys. The garage door opening to a detached or attached
garage that opens to an alley shall be located either 8 feet from the property
line abutting the alley or a minimum of 20 feet from the property line
abutting the alley.
c. No detached garage or accessory building shall contain habitable space
and/or a bathroom, except for recreational uses requiring plumbing such as
a pool house.
d. The construction of a detached garage or accessory building shall not
precede the construction of the principal building on the same lot.
(b) The following requirements apply to private garages and accessory buildings to legally
nonconforming Single Family and Two Family Dwellings in Commercial and Industrial
Districts:
(i) No detached garage or accessory building is permitted in the front yard.
(ii) A detached garage or accessory building is permitted in the side or rear yard on the
same lot with a Single Family or Two Family Dwelling in Commercial Districts,
provided it maintains the same side and rear yard setbacks that a principal building
of a commercial nature would be required to maintain.
(iii) A detached garage or accessory building is permitted in the side or rear yard on the
same lot with a Single Family or Two Family Dwelling in an Industrial District,
provided the same side and rear yard setbacks for a permitted structure in the district
are maintained.
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(c) When a special use permit is required for an institutional use, garages and accessory
buildings/structures shall be exempt from that requirement, if the accessory structure does
not exceed 900 square feet. Garages and accessory structures for an institutional use
exceeding 900 square feet require approval of a special use permit.
(d) The following requirements apply to shared common lot line garages and accessory
buildings in Agricultural, Residential and Hospital/Medical districts:
(i) Location Within Setbacks.
a. Shared common lot line garages shall be permitted only on lots where an
existing common lot line garage exists, or on lots where substantial proof
can be submitted indicating a shared common lot line garage had previously
existed.
b. No detached garage or accessory building is allowed in the front yard, or
within the side yard setback adjacent to public right-of-way in the case of
corner lots.
(ii) Height.
a. A detached garage or accessory building on the same lot with a one story
principal building shall not exceed the height of that principal building.
b. Detached garage or accessory buildings on the same lot with a principal
building that is taller than one story shall not exceed 80% of the height of
the principal building or 20 feet, whichever is lower.
(iii) Size.
a. Detached garages and accessory buildings in the rear yard shall not occupy
more than 25% of the combined rear yard of the two subject lots.
b. The structure should not exceed a maximum of 1,200 square feet shared
between the two properties.
c. In any Agricultural or Residential district the cumulative garage door width
shall not exceed eighteen (18) feet per lot. Doors less than eight feet in
width, such as for lawn and garden equipment, are exempted from this
requirement.
(iv) General Requirements.
a. Driveways to streets. The driveway leading from a street to the entrance of
a detached or attached garage shall be at least 20 feet long measured from
the property line.
b. Driveways to alleys. The driveway leading from an alley to the entrance of
a detached or attached garage shall be at least 8 feet long.
c. No detached garage or accessory building shall contain habitable space
and/or a bathroom, except for recreational uses requiring plumbing such as
a pool house.
d. The construction of a detached garage or accessory building shall not
precede the construction of the principal building on the same lot.
(v) Special Setbacks.
a. In cases in which the rear yard of a lot abuts the front yard of an adjoining
lot, a detached garage or accessory building in the rear yard shall be not less
than 6 feet from the adjoining property line for the distance of the required
front yard setback on the adjoining lot.
16
b. In no case shall a detached garage or an accessory building in the rear yard
be placed closer than 15 feet to any lot line that abuts a street.
(vi) Agreement. All shared driveways and shared common lot line garages shall be
acknowledged as such and the respective owners of the affected lots shall have the
right to use such driveways and shared common lot line garages jointly. Cross
easements shall be granted over, across and under that portion of each owner's lot
where such shared driveway is located. In addition, the rights and responsibilities
for the construction, maintenance, repair and rebuilding of such driveway and
shared lot line garage shall be addressed in the cross easement documents and
submitted to staff.
17
Attachment C — Part 2
Planning and Zoning Commission Recommended Changes
Zoning Code:
Proposed Text Changes for Nonconformities &
Detached Garages and Accessory Buildings
Staff proposes the following changes to the Zoning Ordinance as directed by the Planning
Commission. Text to be removed is str ck-thro nh. Text to be added is underlined.
Changes to the Council-direct changes are highlighted.
Sec. 29.408 Other General Development Standards
**********
(7) Requirements for Private Garages and Other Accessory Buildings.
(a) The following requirements apply to private garages and accessory buildings in
Agricultural, Residential and Hospital/Medical districts:
(i) Location Within Setbacks.
a. No detached garage or accessory building is allowed in the front yard, or
within the side yard setback adjacent to public right-of-way in the case of
corner lots.
b. Side Yards.
(i) Interior Lot.-A detached garage or accessory building wholly or
partially within the side yard shall meet all the same side setbacks
as required for the principal buildingexeept in the ease of a eemef
let.
(ii) Corner Lot. -In the ease of a eemer 'e* a A garage or accessory
building may be placed within 3 feet of the side lot lines, provided
the garage is set back a minimum of 25 feet from the abutting streets
and provided thegar-ageor-aeeesset=ybuilding ing is 1eeaterl i the side
yard that does not abtA the front yard where the pr-ineipal building is
ate.
c. Rear Yards.
(i) A sin le�storX detached garage or accessory building wholly within
the rear yard shall be a minimum of 3 feet from the.,b,,,+;, g ^pert-
Ii-te any property line (other regulations notwithstanding). For
purposes of this section,the rear yard is located between the rear lot
line and the primary structure, extending from side lot line to side
lot line. Side sethaek 'inns must still be observed. This section
allows for 3-foot setbacks from both rear and side lot lines except
for two-story structures, which must meet side setbacks.
(ii) In cases in which the rear yard of a lot abuts the front yard of an
adjoining lot, a detached garage or accessory building in the rear
18
yard shall be not less than 6 feet from the adjoining,property line for
the distance of the required front yard setback on the adjoining lot.
(iii) In no case shall a detached garage or an accessory building in the
rear yard be placed closer than 15 feet to any lot line that abuts a
street.
gar-aged. in eases in"ieh the rear-yard of a let abuts the ffent yard of an adjei
or-aee0ssor-y building in the rear-
than 6 feet from the adj i i _. . t4y line for-the distanee of the r-equir-
ffon4 yard setbaek on the adjoining let-.
e. in no ease shall a detaehed gar-age er-an aeeesser-y building in the rear-yafd
be plaee.1 elese-than 15 f of to any lot line that .,b u4s a stfeet
(ii) Height.
a. A detached garage or accessory building on the same lot with a 1 story
principal building shall not exceed the height of that principal building.
b. Detached garages or accessory buildings on the same lot with a principal
building that is taller than 1 story shall not exceed 80% of the height of the
principal building or 20 feet, whichever is lower.
(iii) Size.
a. Detached garages and accessory buildings in the rear yard shall not occupy
more than a total of 25% of the rear yard.
b. The maximum gross floor area shall not exceed 900 square feet for a
detached garage or accessory building/structure to a Single Family
Dwelling or 1,200 square feet for accessory uses to a Two Family Dwelling.
c. In any Agricultural or Residential district the cumulative garage door
opening width shall not exceed 30 feet for a Single Family Dwelling. Doors
less than 8 feet in width,such as for lawn and garden equipment,are exempt.
A cumulative width of all garage door openings exceeding 30 feet may be
approved if
(i) the cumulative garage door openings that are generally parallel to
and visible from the street are 20 feet in width or less, and
(ii) the additional garage door openings are located generally
perpendicular to the street or are not visible from the street.
d. Two Family Dwellings are limited to a garage door width of 20 feet per
dwelling unit. Doors less than 8 feet in width, such as for lawn and garden
equipment, are exempt.
(iv) General Requirements.
a. Driveways to streets. The driveway leading from a street to the entrance of
a detached or attached garage shall be at least 20 feet long measured from
the property line.
b. Driveways to alleys. The garage door opening to a detached or attached
garage that opens to an alley shall be located either 8 feet from the property
line abutting the alley or a minimum of 20 feet from the property line
abutting the alley.
c. No detached garage or accessory building shall contain habitable space
and/or a bathroom, except for recreational uses requiring plumbing such as
a pool house.
19
d. The construction of a detached garage or accessory building shall not
precede the construction of the principal building on the same lot.
20
Attachment D
Placement Options for Accessory Buildings
in Residential Zoning Districts
LEGEND-
Areas where Placement Prohibited:
Front Yard
Rear-3'from property line(including eaves)
Side-6'from property line(one-story principal structure)
8'from property line(two-story principal structure)
x
Shed X Shed
Garage
X
Garage Principal
Structure
azeb
Garage
Principal
Structure LU
LU
aze Principal
Structure fn
STREET
Note: Corner Lot depicted illustrates RL, RM & UCRM Zoning District requirements.
Code References: Section 29.403-1 Section 29.408-1 and Zone Development Standards
21
Attachment E
Neighborhoods with Potentially Nonconforming Accessory Structures
Legally nonconforming accessory structures are found throughout older parts of Ames.
Staff did a visual survey of aerials in the areas highlighted below to estimate how many
accessory structures that are not wholly behind primary structures are encroaching into
side and rear setbacks.
The neighborhoods in and around Oldtown are zoned "UCRM" Urban Core Residential
Medium Density and "RM" Residential Medium Density. The neighborhood south of the
Iowa State campus is zoned mostly "RL" Residential Low Density with a few properties
at the north end zoned "RH" Residential High Density. In all four zones (RL, RM, UCRM,
and RH), the front setback is 25 feet, and the side setbacks are 6 feet for a one-story
structure and 8 feet for a two-story structure. In RL and UCRM the rear setback is 20 feet;
in RM and RH, the rear setback is 25 feet.
In the Oldtown area, out of a total 845 residential properties, 477 had structures which
were not wholly behind the primary structure, and which encroached into the rear or side
setbacks. The map below includes non-residential properties, which are not included in
the 845 figure.
' L_J L__i_ III I' I !- uuM M M W
urn sr
Eta X8T
— — _
I
¢ 11—T E 1—eT
MowH[d
RTMg y
u TerX sr
E�
m
+ erX sr EfIST
-- ITIST
I
T `^JI I^I EarX BT
` i i � i Co ICiry Ha'me I I
22
In the South Campus area, out of 263 residential properties, 139 had structures which
were not wholly behind the primary structure, and which encroached into at least one of
the setbacks. The old Crawford Elementary School on Stanton Avenue was excluded
from the 263 figure.
a
w EL
1 -9-L
- - �01
HUNTST
--T __ a
-.. - � OTE RST LOFT ST
4iO
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m
O
S
- 4 xp ST
23
Attachment F
Application of Proposed Nonconforming Regulation Changes
Staff examined the effect of the changes to the nonconforming regulations on several
select properties.
f { 819 7t" Street
The detached garage at 819 7t" Street is
approximately 2 feet from the side property line. It
measures roughly 18 feet deep by 12.5 feet wide
0 (according to the Story County Assessor's Office),
smaller than what may be considered desirable.
(For comparison, a standard 90-degree parking
space is 19 feet by 9 feet.) That measurement is
taken from the outside of the building, meaning that
the usable space inside is smaller.
`s, !
3
f`Y�I r.
Rebuilding the structure would produce the same
small building that could only be expanded to the
east and to the north at 8 feet from the west
property line (the house is two-story). Expanding
r the garage to the east is not feasible as the building
is so close to the house. Expanding the garage to
the north is impractical as the expansion can only
extend roughly half of the building.
24
2225 Donald Street
The accessory garage at 2225 Donald Street is
situated similarly to that on 7th Street. Similarly, it is
' approximately 2 feet from the side property line. It
measures roughly 19 feet deep by 12 feet wide
(according to the Story County Assessor's Office),
also smaller than what may be considered
desirable for modern cars, minivans, and pickup
trucks. This house is also two stories, creating an
8-foot side setback.
Expansion of the garages at both locations may be
helped more by allowing for reduced side setbacks
than for allowing such nonconforming structures to
I
f
be demolished and rebuilt as is.
T_.
25
Attachment G
Regulations for Accessory Structures of Selected Cities
Ankeny
Sec. 191.07(1) — One-family and two-family residence districts and use areas.
No accessory building in one-family and two-family residential zone districts and
use areas shall be erected in any yard other than a rear yard, except as provided
herein. All accessory buildings including garages shall be set back a
minimum of three feet (3) from side and rear lot lines of adjoining lots in any
residential zone district and use area and accessory buildings except for
garages which front an alley shall be setback a minimum of five-feet from alley
right-of-way lines. Garages which front an alley in any residential zone district or
use area shall be set back either seven feet (7) or a minimum of 18-feet from the
alley right-of-way. Accessory buildings and structures on corner lots shall conform
to front yard setback regulations on both streets. (See Section 191.05.) Accessory
buildings on one and two-family residential lots shall not occupy more than ten-
percent (10%) of the total square footage of the lot. No single accessory building
for one-family and two-family lots shall exceed 1010 square feet in size, and all
conforming one-family and two-family residential lots shall be permitted up to 720
square feet of detached accessory building use.
Des Moines
Sec. 135-2(C) - Outbuilding and Detached Garage.
A fully enclosed building on a lot that is detached from the principal structure on the same
lot. A principal structure is required, unless otherwise stated. Typical outbuildings include
detached garages, pool houses, workshops, barns, or sheds.
1. Side and Rear Setback. Minimum side and rear setback of an
outbuilding shall be five feet.
2. Alley. Where a garage is accessed off an alley with pavement narrower than
20 feet, the garage shall be set back from the alley lot line to allow 24 feet
from the opposite edge of alley pavement to the garage door.
3. Height. The maximum height of the outbuilding may be generally no taller
than one-half story less than the principal building; however, in the event
that the principal building is one story in height, the outbuilding may not
exceed the height of the principal building.
4. Residential Districts. The lot coverage of all accessory structures, including
an outbuilding, shall not exceed 576 square feet or 25% of the rear yard,
whichever is greater, on a lot zoned Neighborhood (N) or Neighborhood Mix
(NX).
5. Character. The outbuilding shall be compatible in color and character with
the primary structure on the lot.
6. Accessory Household Unit. If a permitted AHU is contained within an
outbuilding, then the requirements of subsections 4, 5, and 8 of section 135-
2.22.21 of this article shall also apply.
26
West Des Moines
Sec. 9-7-4(9) Bulk Regulations, Minimum Setbacks And Building Separations For
Accessory Buildings And Structures In Residential Districts:
a. See chapter 14, "Accessory Structures", of this title for additional standards
and construction requirements for accessory buildings and structures.
b. Accessory buildings and structures that meet the minimum separation
distance from the principal building are considered detached accessory
structures. In such case, the detached accessory structure must meet the
setback requirements as noted in table 7.5 of this subsection C9.
C. Accessory structures that do not meet the minimum separation from the
principal structure are considered part of the principal structure, no matter
if they are physically separate from the principal structure. In such case, the
accessory structure must meet the setback requirements for a principal
structure except as noted below.
(1) Accessory structures (other than fences and walls) that do not
exceed thirty inches (30") in height as measured from grade to the
highest element and any railing or trellis designed to be open fifty
percent (50%) or more may follow the detached accessory structure
setbacks, no matter their proximity to the principal structure.
(2) Accessory structures that are considered part of the principal
structure and which exceed thirty inches (30") in height must be
setback a minimum of twenty feet (20') from the rear property line(s)
and must meet the pertinent side and front yard setback of the
principal structure.
d. Accessory structures cannot encroach into any buffer area or perimeter
setback.
e. In a footprint development, detached accessory structures and fences are
not allowed within footprint lots and are only allowed for development use
on common property.
f. Accessory buildings over one thousand (1,000) square feet, which are only
permitted in Residential Estate, Agricultural/Open Space zoning and for
religious, institutional, or civic uses within residential districts, shall meet the
minimum front yard setback of their respective zoning district and be set
back a minimum of twenty feet (20') from the side and rear property lines.
g. Accessory buildings over one thousand five hundred (1,500) square feet in
multi-family Residential Districts must meet primary building setbacks and
separations including setbacks adjusted for primary building height.
27
TABLE 7.5
DETACHED ACCESSORY STRUCTURES
Single Family Zoning Districts
RS .I R- I SF- I SF- I MH
Required Standards , OS , RE i <8 000' >8,000' u CR VJ 2 VJHB
Front yard setback' 50' 50' 30' 35' 30' 20' 20' 20' 20'
--]
Rear and side yard �[5' 5' 5' 5' [ ]�5' 5' 5' ]�
5' 5'
setback
Setback from alleys
where the structure do,
20' 20' 20' 20' 20' 20' 20' 20'
accesses the alley
Minimum separation
between accessory
buildings or structures 10, 10, 10, 10, 10, 10, 10, 10, 10,
under 1,000 sq. ft. and
all other buildings
Sec. 9-14-6: ACCESSORY BUILDINGS:
A. Accessory buildings shall be allowed only in conjunction with the principal
structure, and primary use to which it relates under the same terms and
conditions as the principal structure, and primary use in any zoning district
unless otherwise noted in this chapter.
B. Setbacks for accessory buildings, in all zoning districts, which are not
specifically spelled out below, shall meet the requirements set
elsewhere in this title under setback and bulk density regulations.
1. On corner lots unless noted otherwise, detached accessory
buildings shall meet the front yard setback along each street
frontage, as required for the principal structure.
2. On detached accessory buildings, when the exterior wall
parallel to the property line exceeds eight and one-half feet
(81/2') in height, including the foundation or retaining wall, or
exceeds twenty four feet (24') in length, that wall shall be set
back from the property line a distance equal to the total exterior
wall height. This setback minimum shall not preclude other yard
setback or easement requirements.
3. When the vehicle entrance for a garage faces a street or alley,
the setback from the alley shall be a minimum of twenty feet
I�Al
C. Accessory buildings, constructed as part of the principal building, or
connected to the principal building by a breezeway or similar structure, or
constructed within ten feet (10') or less of the principal structure, shall be
considered an attached accessory building. Attached accessory buildings
28
that include a roof(such as a covered porch, screen room, sunroom, garage
and carport)will be considered part of the primary building and unless noted
otherwise, must meet the primary building setbacks.
D. Accessory buildings in residential zoning districts may occupy up to ten
percent (10%) of the total lot area in which it is located. Except, in IRS, R-1,
SF-VJ, and SF-CR Zoning Districts and for religious, institutional, or civic
uses within residential districts, the square footage for an accessory
building, or the combined square footage of all detached accessory
buildings on the property, shall not exceed one thousand (1,000) square
feet.
E. In IRS, R-1, SF-VJ, and SF-CR Zoning Districts, the maximum roof peak
height of detached accessory buildings shall not exceed twenty feet (20').
The height of retaining walls or the foundation shall be included in the height
measurement.
F. In IRS, R-1, SF-VJ, and SF-CR Zoning Districts, exterior walls of detached
accessory buildings shall not exceed twelve feet (12') in height. The wall
height shall be measured from existing grade, and the height of retaining
walls or the foundation shall be included in the height measurement.
G. Existing detached garages with a side or rear yard setback of at least three
feet (3'), which meet all of the other provisions of this section, may be
repaired or reconstructed with the same setback requirements. However
any additions must meet the current setback requirements.
H. The design of accessory buildings shall be in keeping with the character of
the zoning district they are located in, with comparable architectural design,
materials and details to the principal structure, including roof slope,
overhangs, etc. Any metal cladding shall be prefinished and have the
appearance of the materials used on the primary building. Galvanized metal
is prohibited as the exterior finish material in residential zoning districts.
I. A carport cannot exceed one story in height and must be entirely open on
two (2) or more sides except for structural supports. There can be no
enclosed use above a carport. No other items other than a motor vehicle
may be kept in the carport unless those items are kept in an enclosed
section of the carport and are not visible. A carport is considered an
accessory building and shall meet the requirements for accessory
structures set elsewhere in this title. Carports are not considered enclosed
garage space for residential uses. The design of a carport shall be in
keeping with the character of the zoning district they are located in, with
comparable architectural design, materials and details to the principal
structure, including roof slope, overhangs, etc. Exposed metal structure is
prohibited. Any metal cladding shall be prefinished and have the
appearance of the materials used on the primary building. Galvanized metal
is prohibited as the exterior finish material in residential zoning districts.
J. All light fixtures mounted on, or in proximity to, accessory buildings shall be
downcast or shielded and located to eliminate glare and spillover lighting
beyond the property line.
29
K. Driveway and parking areas that lead to accessory buildings, which are
utilized by motorized vehicles licensed for use on public roadways, shall be
concrete, asphalt, or a similar paved surface. New gravel driveways and
parking areas are prohibited.
L. Dog runs, dog pens and housing, play sheds, play structures, swing sets,
and similar, shall abide by the setback and height provisions for accessory
buildings.
Iowa City
Sec. 144C-3(13)(2)(c)(1)(A):
Along street-side lot lines, accessory buildings must comply with the front, principal
building setback requirement. Along side or rear lot lines that are not street-
side lot lines, accessory buildings must be set back at least five feet (5')from
the side or rear lot line. This five foot (5') setback requirement may be
reduced if an accessory building is set back at least sixty feet (60') from the
edge of the street pavement. In such cases, the building may be located
within three feet (3') of a side or rear property line. However, garages and
carports entered directly from an alley must be set back at least five feet (5') from
the alley right-of-way line, regardless of how far back the structure is from the
street.
30
Alternative 1
ORDINANCE NO.
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF
THE CITY OF AMES, IOWA, BY ENACTING A NEW SEC.
29.307(3)(g)(i)(1)(2)(3)(4)(5)(ii) AND AMENDING SEC.
29.408(7)(a)(i)(a),(b)(i)(ii),(c)(i)(ii)(iii) THEREOF, FOR THE
PURPOSE OF AMENDING ACCESSORY GARAGE
BUILDINGS RELATED TO REAR YARD NON-
CONFORMING SETBACK REQUIREMENTS REPEALING
ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT TO THE EXTENT OF SUCH CONFLICT;
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 enacting a new Section 29.307(3)(g)(i)(1)(2)(3)(4)(5)(ii)and amending Section
29.408(7)(a)(i)(a),(b)(i)(ii),(c)(i)(ii)(iii)as follows:
"Sec.29.307 NONCONFORMITIES.
(3) Nonconforming Structures.
(g) Rebuilding Nonconforming Detached Garages and Accessory Buildings. The following
applies to nonconformities for setbacks and building lot coverage.
(i) Nonconforming detached garages and accessory buildings may be fully
demolished(including the foundation)and rebuilt if:
1. The new structure is in the exact same location as the old structure;
2. The new building walls and roof height are the same as the old
structure;
3. No portion of the new building may cross a property line, including
eaves;
4. Any enlargement of the rebuilt, nonconforming detached garage or
accessory structure must conform to building setbacks and lot coverage standards;and
5. The new structure must be completed within 18 months of the removal
of the old structure. Removal includes the deconstruction or collapse of a building,regardless of if
any or all of the foundation or building materials are removed from the site.
(ii) Rebuilt detached garages and accessory buildings may make modifications to
door and window location and sizes.
Sec.29.408.OTHER GENERAL DEVELOPMENT STANDARDS
(7)Requirements for Private Garages and Other Accessory Buildings.
(a) The following requirements apply to private garages and accessory buildings in Agricultural,
Residential and Hospital/Medical districts:
(i) Location Within Setbacks.
a. No detached garage or accessory building is allowed in the front yard, or within
the side yard setback adjacent to public right-of-way in the case of corner lots.
b. Side Yards.
(i) Interior Lot. A detached garage or accessory building wholly or
partially within the side yard shall meet all the same side setbacks as
required for the principal building exeept in the ease of a eemer .
(ii) Corner Lot. In the ease efa eemer let a A garage or accessory building
may be placed within 3 feet of the side lot lines,provided the garage is
set back a minimum of 25 feet from the abutting streets and
the garage or-aeeesser-y building is leea4ed in the side yard that does not
abu4 the fient yefd where the pr-ineipal Wilding is address
c. Rear Yards.
(i) A detached garage or accessory building wholly within the rear yard
shall be a minimum of 3 feet from the abutting property line. For
purposes of this section, the rear yard is located between the rear lot
line and the primary structure, extending from side lot line to side lot
line. Side setback lines must be observed.
(ii) In cases in which the rear yard of a lot abuts the front yard of an
adjoining lot, a detached garage or accessory building in the rear yard
shall be not less than 6 feet from the adjoining_property line for the
distance of the required front yard setback on the adjoining lot.
(iii) In no case shall a detached garage or an accessory building in the rear
yard closer than 15 feet to any lot line that abuts a street.
d. in eases in whieh the rear-yard of a lot abu4s the ff en4 yard of an adjoining ,
detaehed gar-age er- aeeessery bWlding in the rear- yard shall be not less than 6
sethaek on the adjoining le�-.
e. in no ease shall a detaehed gar-age ef an aeeessery building in the rear- yard be
plaeed eleser than 15 feet to any lot line that abu4s a stf
(iii) Size.
(a) Detached garages and accessory buildings in the rear yard shall not occupy more
than a total of 25%of the rear yard.
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 day of
Diane R.Voss,City Clerk John A.Haila,Mayor
Alternative 2
ORDINANCE NO.
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF
THE CITY OF AMES, IOWA, BY ENACTING A NEW SEC.
29.307(3)(g)(i)(1)(2)(3)(4)(5)(ii) AND AMENDING SEC.
29.408(7)(a)(i)(a),(b)(i)(ii),(c)(i)(ii)(iii) THEREOF, FOR THE
PURPOSE OF AMENDING ACCESSORY GARAGE
BUILDINGS RELATED TO REAR YARD NON-
CONFORMING SETBACK REQUIREMENTS REPEALING
ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT TO THE EXTENT OF SUCH CONFLICT;
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 enacting a new Section 29.307(3)(g)(i)(1)(2)(3)(4)(5)(ii)and amending Section
29.408(7)(a)(i)(a),(b)(i)(ii),(c)(i)(ii)(iii)as follows:
"Sec.29.307 NONCONFORMITIES.
(3) Nonconforming Structures.
(g) Rebuilding Nonconforming Detached Garages and Accessory Buildings. The following
applies to nonconformities for setbacks and building lot coverage.
(i) Nonconforming detached garages and accessory buildings may be fully
demolished(including the foundation)and rebuilt if:
1. The new structure is in the exact same location as the old structure;
2. The new building walls and roof height are the same as the old
structure;
3. No portion of the new building may cross a property line, including
eaves;
4. Any enlargement of the rebuilt, nonconforming detached garage or
accessory structure must conform to building setbacks and lot coverage standards;and
5. The new structure must be completed within 18 months of the removal
of the old structure. Removal includes the deconstruction or collapse of a building,regardless of if
any or all of the foundation or building materials are removed from the site.
(ii) Rebuilt detached garages and accessory buildings may make modifications to
door and window location and sizes.
Sec.29.408.OTHER GENERAL DEVELOPMENT STANDARDS
(7)Requirements for Private Garages and Other Accessory Buildings.
(a) The following requirements apply to private garages and accessory buildings in Agricultural,
Residential and Hospital/Medical districts:
(i) Location Within Setbacks.
a. No detached garage or accessory building is allowed in the front yard, or within
the side yard setback adjacent to public right-of-way in the case of corner lots.
b. Side Yards.
(i) Interior Lot. A detached garage or accessory building wholly or
partially within the side yard shall meet all the same side setbacks as
required for the principal building exeept in the ease of a eemer .
(ii) Corner Lot. In the ease efa eemer let a A garage or accessory building
may be placed within 3 feet of the side lot lines,provided the garage is
set back a minimum of 25 feet from the abutting streets and
the garage or-aeeesser-y building is leea4ed in the side yard that does not
abu4 the fient yefd where the pr-ineipal Wilding is address
c. Rear Yards.
(i) A sin lg e-story detached garage or accessory building wholly within the
rear yard shall be a minimum of 3 feet from
M property line (other regulations notwithstanding). For purposes of
this section, the rear yard is located between the rear lot line and the
primary structure, extending from side lot line to side lot line. This
section allows for 3-foot setbacks from both rear and side lot lines
except for two-story structures,which must meet side setbacks.
(ii) In cases in which the rear yard of a lot abuts the front yard of an
adjoining lot, a detached garage or accessory building in the rear .yard
shall be not less than 6 feet from the adjoining_property line for the
distance of the required front yard setback on the adjoining lot.
(iii) In no case shall a detached garage or an accessory building in the rear
yard closer than 15 feet to any lot line that abuts a street.
d. in eases in whieh the rear yard of a lot abu4s the ff en4 yard of an aEljoining ,
detaelied gar-age er- aeeesser-y bWIding in the rear- yard shall be not less than 6
feet ftem the adjoining pr-epei4y line fer- the distance of the r-equifed &en4 yard
sethaek on the adjoining le�-.
e. in no ease shall a detaehed gar-age ef an aeeessefy building in the rear- yard be
(iii) Size.
(a) Detached garages and accessory buildings in the rear yard shall not occupy more
than a total of 25%of the rear yard.
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 day of ,
Diane R.Voss,City Clerk John A.Haila,Mayor