HomeMy WebLinkAboutA004 - Council Action Form dated December 19, 2023 ITEM#: 31
DATE: 12-19-23
DEPT: P & H
COUNCIL ACTION FORM
SUBJECT: TEXT AMENDMENT FOR PUBLIC NUISANCE (PROPERTY
MAINTENANCE) STANDARDS RELATED CHANGES TO AMES
MUNICIPAL CODE CHAPTERS 18, 22, 29,AND 30
BACKGROUND:
The City Council reviewed a staff report on October 10, 2023, related to the consistency of the Zoning
Ordinance (Chapter 29 of the Ames Municipal Code), Streets and Sidewalks Code (Chapter 22), and
Parking Code (Chapter 18) with the recently adopted updated Public Nuisance "Property Maintenance"
Code (Chapter 30). The chapters overlap primarily in their regulation of outdoor vehicle storage and
parking and their definitions of various types of vehicles. Definitions were found to be inconsistent
between the chapters causing the intent of some of the standards to be unclear.
The City Council directed staff to address these inconsistencies with updates to the pertinent
chapters as follows:
1. Add and update the definitions within the Zoning Ordinance, including those definitions from
Chapter 30 for vehicles, trailers, semitrailers, inoperable, and junk vehicles.
2. Keep the zoning ordinance 30-day limit on keeping of junked vehicles outdoors, but add a limit
of one (1)junked vehicle per property and require it be stored on an approved parking area.
3. Add an allowance for the parking of one (1) recreational vehicle, boat, or trailer to be parked on a
driveway for up to 72 hours. Over 72 hours is considered outdoor storage.
4. Add an allowance for the storage of one (1) recreational vehicle, boat, or trailer outdoors in the
side or rear yard of a home on an approved parking surface.
5. Add exemption for screening of trash receptacles for one and two-family homes on private
property.
6. Add Home Occupation reference to Chapter 30 for enforcement options.
7. Update Chapter 18 Parking related to front yard parking, definitions, and the parking of
equipment.
8. Update Chapter 22 Streets and Sidewalk for prohibitions on storage within the right-of-way and
obstructions of the right-of-way.
The updating of definitions for Chapter 29 required edits to a number of sections that apply to
parking and storage of vehicles to maintain consistency. Two concerns arose during this update
process that staff wants to highlight for the City Council before the proposed code amendments
are approved.
Concern 1. The adoption of Chapter 30 was a lengthy process with numerous public comments
that ultimately resulted in adoption of the new standards on September 12th with an effective
date of January 1, 2024. While many of the changes discussed herein are not significant changes,
changes regarding issue #2 junked vehicle storage listed above that was directed by the City
Council on October loth is a significant change that departs from the Chapter 30 approval from
September 12th. (See Junk Vehicle Storage below). Staff is concerned that the public is not aware
of this change and, therefore, have not provided feedback to the Council regarding this change.
1
If the proposed language with the 30-day limit regardless of covering is ultimately approved by
the City Council, staff will need to have an opportunity for education and outreach.
Concern 2.An additional issue that was not discussed in October is clarification that the keeping
of a vehicle for residential use is always considered parking and permissible, and is not storage.
This change is consistent with the Council's prior deletion of the 15-day parking rule at the time
of adoption of Chapter 30. The Zoning Ordinance currently classifies the parking of vehicles as
storage (over 72 hours) on residential properties, which is not permitted. The draft ordinance
eliminates the 72-hour storage definition for residential vehicle parking. If this was not City
Council's intent,the ordinance will need to be modified.
Per the City Council's direction, Staff has prepared a complete draft ordinance with all related changes
(Attachment A). Tables comparing current versus proposed parking and storage allowances by vehicle
type (junked, operable, recreational vehicles, etc.), is included in the Addendum. A summary of the
topics and changes follows.
TEXT AMENDMENTS TO THE ZONING ORDINANCE
Definition Amendments
Chapter 30 includes definitions of vehicles, trailers, semitrailers, and junked (formerly inoperable)
vehicles. To maintain consistency, City Council directed staff to modify definitions within the Zoning
Ordinance and ensure the code chapters matched.
Staff also added or amended definitions for all-terrain vehicles, equipment, commercial trucks,
habitation, accessory parking, and commercial parking to assist in the administration of these
requirements. Specifically, it makes clear which parking requirements, such as front yard parking limits,
apply to what types of vehicles.
Junked Vehicle Storage
Currently, junked vehicles (referred to as "inoperable" in the current code) are not permitted to be
stored for more than 30 days per the Zoning Ordinance (Section 29.304(3)(a)(iii)). Storage is defined as
keeping of a vehicle for over 72 hours. This section is not clear on the number of junked vehicles
permitted to be stored on a property.
With the recent Property Maintenance Code amendments, Chapter 30 now allows junked vehicles to be
stored for no more than 48 hours unless screened or covered with a tarp. It does not speak to a limited
number or maximum duration of storage outdoors. However, the Zoning Ordinance limit of 30 days
is more restrictive and would apply whether the vehicles are screened or not.
At the October loth meeting, City Council directed staff to resolve the inconsistencies about
junked vehicle storage by amending the Zoning Ordinance to allow only one junked vehicle to be
stored for no more than 30 days. This includes outdoor storage of screened vehicles previously
referenced in Chapter 30. As currently proposed within the draft ordinance, the unlimited
storage language of Chapter 30 would be modified to limit storage to 30 days and 1 vehicle,
regardless of screening.
The 30-day limitation will apply to the individual junked vehicle on the whole property, not to a precise
location on the property. The 30-day limit will not restart if a vehicle is moved elsewhere on a property.
Additionally, the 30 days are cumulative for any junked vehicle during a calendar year regardless of
whether it leaves the site. It does allow for different junked vehicles to be on a property over the course
2
of a year,but never more than one at a time, and each is limited to 30 days.
Another critical detail is that a junked vehicle is never considered "parked" it is always counted
as storage and storage cannot occur within a required parking space per standards of 29.406 (5)
of the Zoning Ordinance. This is consistent with current zoning regulations that apply to use of
required parking spaces.
Recreational Vehicle (R D. Trailer, and Boat Parking and Storage
Currently, Section 29.406(19) of the Zoning Code allows one trailer, recreational vehicle, boat, or boat
trailer, to be ap rked behind the front yard setback.
City Council directed staff to allow one recreational vehicle, boat, or trailer to be stored (for more
than 72 hours) in the side or rear yard of a property (please note that due to the lengthy discussion
involving various terms, the minutes from October IOth reflect that the motion was to allow storage
behind the front yard setback whereas the actual motion used the terms side and rear yard). The
amendment clearly permits their storage versus the current code that indicates parking is all that
is allowed. Only one recreational vehicle,boat, or trailer is permitted to be stored(not one of each).
Additionally, City Council directed staff to allow one recreational vehicle, boat, or trailer to be
parked for no more than 72 hours in a required parking space (i.e. on a driveway) to allow for off-
street loading and unloading.
Trash Receptacles
Under the current code, trash receptacles for one- and two-family dwellings (e.g., 32 to 96-gallon carts
on wheels or toters) are required to be screened, although staff does not believe the requirement was
enforced. City Council directed staff to remove the screening requirements for trash receptacles
used for single- and two-family dwellings, relaxing the current requirement.
Vehicle Use for Human Habitation
Chapter 29.304(3)(a)(ii) of the current code disallows "parking" of vehicles to be used for habitation.
The intent of this section is to ensure that only approved dwellings are used for living purposes in all
zoning districts. Residential uses are required to be within a dwelling, except within mobile home parks
with RLP zoning. The proposed amendment now states "use of rather than "parking of', which helps
avoid the complications of storage and parking definitions. A definition of habitation has been included
within Chapter 29, which defines habitation in relation to accommodation for sleeping. Other changes
were made to address the updated definitions for various vehicle types.
Home Occupations
Minor amendments to the standards for home occupations were made to conform with the newly
defined terms for vehicles. The current prohibition of keeping equipment, trailers, etc. on a driveway or
the public street continues to apply. A vehicle related to the business may be parked on the driveway
and street.
Home occupations not in compliance with the Zoning Ordinance were added as a public nuisance in
Chapter 30. This will streamline enforcement of the home occupation standards as a nuisance issue
since many of the standards are operationally based due to state law requirements.
3
TEXTS AMENDMENT TO CHAPTERS 18 AND 22:
Equipment Storage and Front Yard Parking
Currently, Chapter 18 prohibits the parking of trucks and trailers over one (1) ton manufacturer's rated
capacity, duly licensed as such, or any vehicle of twenty (20) or more gross tons, or boats on city
streets. This standard does not address miscellaneous vehicles or equipment. Although City Council
directed staff to add equipment, such as agricultural implements or construction equipment, to this
provision, it was determined that parking enforcement would be difficult as the police rely upon vehicle
registration for enforcement, which does not exist for equipment. Additionally, this standard is
outdated in its terminology and difficult to enforce by staff as written with or without adding new
terms to list. Therefore, the prohibition on the parking of equipment was not added to Chapter 18
and it is instead added to Chapter 22. Alternate language will have to be suggested by staff in the
future to adequately address the Council's goal.
Therefore, the only change proposed at this time to Chapter 18 based upon the October direction
is to address the coordination of front yard parking enforcement for residential properties. This
section was amended to state that "any vehicle, motorized or non-motorized" is prohibited which
captures trailers as non-motorized vehicles. This conforms with the Zoning Ordinance definitions
and standards.
Although not instructed to do so, staff struck an older provision in Chapter 18 because it was
duplicative of requirements for the provision of accessible parking spaces in the Zoning
Ordinance and Building Code.
Encroachments and Obstructions
The primary purpose of the amendments was to address a variety of obstructions and encroachments
that occur from time to time within the right-of-way. Chapter 22 and 30 did not have coordinated
descriptions of these issues for enforcement. Per direction in October, the lists have been modified to
include prohibitions of additional types of materials, equipment, and containers.
Because of the Chapter's language restricting items in the right-of-way that do not have an
Obstruction Permit, an exemption was created for residential garbage and recycling receptacles.
These can be located within the right-of-way if they do not obstruct the street, sidewalk, etc. No
time limit was included with the exception.
The language regarding encroachments and obstruction was also rephrased to clearly prohibit storage
within or use of the right-of-way for the listed items, unless a permit has been granted by the City,
permanent or temporary. This more clearly shows the Chapter's intent: obstructions of streets and
sidewalks are prohibited, rather than permitted with the granting of a permit. This approach
makes communication of standards and enforcement clearer. The City will continue to have the right to
remove any materials, items, etc. in the right-of-way that do not have a permit and Chapter 30 will apply
as an option for enforcement as well.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
The Planning and Zoning Commission reviewed the proposed text amendment at its December 6, 2023,
meeting. The Commission's discussion focused on parking/storage (over 72 hours) of operable
vehicles. Currently, under the Zoning Ordinance, this is prohibited on residential properties including
on driveways or other approved parking areas. The City Council did not give staff direction to change
4
this provision in the Zoning Ordinance as part of this amendment. However, during the Property
Maintenance Code amendment process, the City Council did strike a prohibition on the storage of
operable vehicles for more than 15 days from Chapter 30. It appears to staff that Council intended to
allow for an unlimited duration on the keeping of vehicles associated with a residential property,
even though this amendment was not initiated to zoning standards on October 10.
The Commission was concerned that it was still prohibited in the Zoning Ordinance, given how
common it is for vehicles to be kept outside on residential properties when an occupant is on vacation or
otherwise. The Commission recommended the City Council approve the text amendments to
Chapter 29 with an allowance for operable vehicle storage on residential properties, either on
driveways or other approved parking surfaces for an unlimited duration.
Since the Commission meeting, staff has added the residential vehicle parking exception into the
definitions of outdoor storage and accessory parking, again with the understanding that this was the
Council's intent through the Property Maintenance Code amendments. If City Council did not intend
for there to be no limitation on residential vehicle parking, the draft ordinance would need to be
amended.
The Commission did not review the changes to the other chapters as only the Zoning Ordinance is
under the Commission's purview.
ALTERNATIVES:
1.Approve on first reading the ordinance amending Chapters 18, 22, 29, and 30 of the Ames Municipal
Code related to public nuisance and property maintenance standards as proposed.
If the Council chooses to approve proposed the language, including the limits on Junked Vehicle
storage with no screening exceptions, staff will want to provide additional notice and education to the
public. As a result City Council should be prepared to take pubic input at the second and third
readings of the proposed ordinance.
2. Approve on first reading an ordinance, with modifications to the proposed language.
3. Table consideration of the ordinance and ask staff for more information or for additional public
outreach.
CITY MANAGER'S RECOMMENDED ACTION:
The proposed changes primarily alter the current allowances and prohibitions for parking and storage.
The most substantial changes are for junked vehicles (30-day storage allowance for one) and
recreational vehicles, boats, and trailers (storage and parking allowance for one). The current code is
unclear on these allowances/prohibitions, and as a result enforcement was limited or did not occur
consistently.
The proposed changes provide needed clarifications on vehicle definitions, definitions of parking
versus storage, and eliminate confusion on what code enforcement or nuisance abatement
procedures apply. Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative#1, as described above.
5
ATTACHMENT(S):
ADDENDUM.pdf
DRAFT Ordinance for Amendments Related to Public Nuisance Code.pdf
6
ADDENDUM
Vehicle Parking and Storage Comparison Tables
Parking and storage are clearly defined as two separate activities in relation to vehicles within the
Zoning Ordinance. Generally,parking is accessory to a use and the keeping of a vehicle for less than
72 hours without moving. Storage is the accessory keeping of a vehicle for more than 72 hours
without moving.
Vehicle storage standards are summarized within Table 1, which compares current code requirements
to the proposed amendments by vehicle type.Most vehicle storage is currently prohibited;however,outdoor
storage is permitted in certain commercial and industrial zoning districts. These exceptions are proposed to
remain. Exceptions for vehicle storage incidental to construction activities on site are also proposed.
The main changes proposed to the outdoor vehicle storage standards are for junked vehicles (30-day
allowance for one), which is less permissive than the current code. The amendments for recreational
vehicles,boats,and trailers(storage allowance for one) are more permissive than the current code. Storage
inside is still permissible if it does not occupy required parking spaces.
TABLE 1: OUTDOOR VEHICLE STORAGE(>72 HOURS) COMPARISON
CURRENT PROPERTY CURRENT PROPOSED
MAINTENANCE CODE ZONING CODE AMENDMENTS
Cross references zoning, Not permitted as One permitted to be
not allowed,except one storage—one allowed stored in rear or side yard,
Recreational allowed to be an rked to be an rked(<72) this is more limiting that
Vehicles,Boats, (<72)hours)behind the hours)behind the front the behind the front
Trailers front yard setback yard setback setback standard. Trailers
(30.5(22)) (29.406(19)) defined. (Parking is
separate issue)
Allowed for up to 48 Inoperable vehicles One junked vehicle
hours,unless covered, allowed to be stored for permitted to be stored on
Junked(FKA screened,or enclosed. up to 30 days a property outdoors for no
Inoperable) (29.304(3)(a)(iii)) more than 30 days per
Vehicles calendar year,per vehicle,
regardless of covering or
screening. Definitions
updated to match.
Not Addressed Not permitted in Permitted for operable
(provision prohibiting residential zoning vehicles in residential
Vehicle vehicle storage for more districts, only allowed zones on approved parking
than 15 days removed as part of approved area or driveway through
with approval of updated outdoor storage use definition of accessory
Chapter 30) (29.405) parking. Vehicle defined.
Semitrailers, Not Addressed Not permitted in Definitions changed; no
Commercial residential areas, and standards changed.
Vehicles and only allowed as part of
Trucks, and approved outdoor
Equipment storage use(29.405)*
*Storage permitted incidental to construction.
7
Vehicle parkin g comparisons are included within Table 2.The main changes propsoed to vehicle parking
standards is the allowance for one recreational vehicle, boat, or trailer to be parked on the driveway in a
required parking space.Under the current Zoning Ordinance,one is permitted to be parked behind the front
setback.
Similar to the vehicle storage amendments, exceptions are proposed to allow parking if otherwise allowed
by individual zone standards. Commercial parking is permitted in certain commercial and industrial zoning
districts. Commercial parking is generally defined as short- or long-term parking as a principal use and is
not accessory or used as parking for another use on the site. Exceptions for vehicle parking incidental to
construction are also proposed.
TABLE 2: PARKING(<72 HOURS) COMPARISON
CURRENT CURRENT
CHAPTERS 18&22 PROPERTY CURRENT PROPOSED
MAINTENANC ZONING CODE AMENDMENTS
E CODE
May park on city One permitted No parking in One is permitted to
street for no more than to be parked required parking be parked in a
48 hours (18.9) behind the front space(29.406(5)) residential district
Recreational yard setback, One permitted to on a driveway(no
Vehicles, cross references be parked behind setback required)in
Boats, zoning a parking space.
Trailers (29.406(19)) the front yard setback Note it cannot be
(29.406(19)) stored on the
driveway in the front
_IAa yard, (see Table D.
Junked May park on city Only addresses No No Changes,
(FKA street for no more than storage of keeping/parking always considered
Inoperable) 48 hours (18.9) junked vehicles of in required storage,not
Vehicles (see Table 1). parking space allowed in required
(29.406(5)) parking space._
May park on city Not Addressed May park in Chapter 18
street for no more than required parking includes motorized
48 hours (18.9) space or unmotorized
Vehicle No front yard parking vehicles.
for motorized vehicles Chapter 29 allows
(18.15) residential parking
with no limit on
private property.
Prohibition based on Not Addressed No parking in No change to
truck capacity of required parking standards,trucks
tonnage,semi- space* now defined as
Semitrailers trailers prohibited. Trailers may be commercial
and Trucks Provision is not parked behind vehicle.
and Trailers enforced for trucks front setback.
and trailers under Home
current language. Occupations have
additional limits.
Equipment Not Addressed Not Addressed No keeping in Change of
required parking definition within
8
space* Zoning,no change
(29.406(5)) to standards.
No changes to
Chapter 18,but
now included in
Chapter 22,
prohibited as an
obstruction.
*Parking permitted incidental to construction.
9
ORDINANCE NO.
AN ORDINANCE TO AMEND THE MUNICIPAL CODE
OF THE CITY OF AMES,IOWA,BY AMENDING
CHAPER 18,CHAPTER 22,CHAPTER 29,AND
CHAPTER 30 THEREOF,FOR THE PURPOSE OF
HARMONIZING THE CODE WITH CHAPTER 30,
PUBLIC NUISANCES; 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.
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 amending Chapter 18, Chapter 22,Chapter 29, and Chapter 30 as follows:
"CHAPTER 18
Sec. 18.15. PARKING IN FRONT YARDS
The parking of mete vehicles,motorized or non-motorized, in the front yards of
residential structures is prohibited. Any person who parks a mete-vehicle in the front
yard of a residential structure shall be in violation of this section,provided,however,the
aforesaid prohibition shall not apply to the parking of meter vehicles on driveways and
parking areas in compliance with Ames Municipal Code Section 29.406 establishe
As used in this
section, front yard means the open space in that portion of a yard between the street and
the face of the structure and a line extending from the left side of the lot to the right side
of the lot. The line, as viewed from the street, shall extend parallel to the street to the
nearest corner of the principal structure and then along the face of the principal structure
to the right corner, and from that point on a line parallel to the street to a point on the
right lot line. As used in this section,the face of a principal structure shall be any and all
portions of the structure fronting on a street. The front yard shall not include any portion
of the city right-of-way. A corner lot shall be deemed to have two front yards. (See
Figure 18.15-1).
CHAPTER 22
Sec.22.0 Right-of-Way Defined.
For the purposes of this Division,the right-of-way is defined as area owned, controlled,
or maintained by the City for public use such as roads, streets,highways, sidewalks,bicycle
lanes, shared use paths, streetscape and other landscape planters.
Sec.22.1. ABUTTING PROPERTY OWNER TO MAINTAIN SIDEWALKS AND
PARKINGS.
The abutting property owner shall maintain sidewalks,parkings and all other property in
the right-of-wU outside between the lot and property lines and the edge of the shoulder or
traveled portion of the public street,regardless of the presence of curbs or ditches. inside the eu �.
Designated municipal ditches,which are maintained by
10
the City for water conveyance, are excluded from maintenance requirements.Additionally,the
property owner shall not remove diseased trees or dead wood on the publicly owned property or
right-of-way.
Sec.22.2. SNOW AND ICE REMOVAL FROM SIDEWALKS.
(1) Duty of property owner.It is the responsibility of the abutting property owner to
promptly remove snow, ice,and accumulations from the sidewalks in the right-of
way.
Sec.22.3. ENCROACHMENTS.
(1)Encroachments Prohibited. .No person shall create, construct,use
or maintain upon, over or under the surface of, or within the limits of the right-of-way or
public parking Iots ' _ ,
alley or sidewalk in the city any chimney, stairway,platform, steps,pipes, cables,wires,
ropes,wells,areaways,railings,vaults,mechanical equipment, signs, footings, storage
tanks, coal or boiler rooms or any other encroachment of a private and fixed character_;
been isstied,therefore, aeeer-diag to the following pr-eeediffe.
(a)Pefmit-eExceptions
(i)Permitted Encroachments.A prohibited encroachment may be
permitted if permission is granted to create,construct,use or maintain
the encroachment in connection with the real property of the person and
a written permit has been issued,therefore,accordingto o the procedure in
Sec. 22.3(2)Permit Application.
ii Breakaway mailboxes. Mailboxes may be installed without an
encroachment permit if they are designed to bend or fall away when
struck by a vehicle and constructed in accordance with the specifications
for mailboxes erected on highways published by the American
Association of State Highway and Transportation officials,Washington,
D.C.,on May 24, 1984.
(2)Encroachment Permit Application.
Sec.22.4 TEMPORARY OBSTRUCTIONS
(1) Temporary Obstructions Prohibited.No person shall create, construct,use or
maintain upon, over or under the surface of, or within the limits of the right-of-way
or a public parking lot in the city any building, item,or other materials such as rocks,
dirt, sand,lumber,brick, garbage, dumpsters, and storage containers; erect
barricades,false work, or form work; keep equipment; or place other temporary
obstructions. For the purposes of this section, equipment is defined as a vehicle not
designed primarily for transportation over public ways,including but not limited to
construction machinery,maintenance machinery, ditch-digging apparatus,and
agricultural equipment. It also includes tanks, generators, and other machinery.
11
wi the i3crirr'rS:rieir-ccc-any time the ovacraccrorrsbcvozixczrcrc'iciccvcT:rcv cn��iciarrc
in the wr-
La) Exception for Permitted Obstructions.Ne per-son shall eenstmet my
sidewalk,r-esidenee,bttilding or-other-impfevemepA, or-while make r-epair-s to
the same, of fef my other-pefpese,pile sand, d44,br-iek,ltm+ber-, er-ethe-r-
limits,without maintaining a thereen, at proper-plaees,a ligh4-,-
vmiiEr'kce,lighted rrnxrccriror-rrccrcsbetween the�hours-vraurrrc
€ee�A temporary obstruction may be permitted by first obtaining written
permission from the city manager or their designee setting out the time to do
the work. The permission given y the ci , manager shall specify the time,
place and manner of placing the temporary obstructions and the precautions
to be observed to protect the public during the time the obstructions are in
place. The city manager may withdraw the permission at any time the
obstructions become hazardous to the public,upon failure of the person
failing or refusing to observe the instructions as set forth in the written
permit, or for any other reason. If a temporary obstruction is permitted,
A lighted barricade, lighted lantern or flares shall be maintained
between the hours of sunset and sunrise, sufficiently bright and in the
proper places to be easily observed at a distance of three hundred
(300)feet ma,, b�quired as a condition of approval.
ii «` anee An insurance certificate naming the City of Ames,its
officers, and employees as an additional insured with comprehensive
general liability limits in the amount of$500,000 combined single
limit shall be in full force and effect during the life of any temporary
obstruction permit. The coverage shall be at least as broad as the ISO
Form Number CG0001 covering commercial general liability written
on an occurrence basis only.A waiver of this requirement may be
granted by the City Manager for Sections 22.4(1)and(2).A copy of
the current insurance certificate shall be maintained on file with the
City Clerk.
(a)Waivers of the insurance requirement shall be based on
the following criteria:
(1)Type of obstruction
(2)Nature of the event requiring an obstruction
(3)Anticipated volume of traffic and whether street
closings will be required
(4)Whether the event is for a commercial or private
purpose
12
(5)The zoning of the area in which the obstruction
will occur.Areas with commercial and high density
residential zoning will likely require insurance
iii Garbage,yard waste, or recycling receptacles related to single and
two-family dwellings when kept in the right-of-way that do not
obstruct or encroach upon a street, alley, sidewalk,bicycle lane,
shared use path or other public way for vehicles and pedestrians shall
not be considered a temporary obstruction.
iv Parking of vehicles in compliance with Ames Municipal Code
Chapter 18 shall not be considered a temporary obstruction.
Sec.22.5. EXCAVATIONS.
(3) It is unlawful for any person to cut into or remove any part of a concrete
pavement, stabilized base pavement, street surface or street appurtenance withe
All such work shall require a permit
as specified in this section, an application for
which shall be made in writing to the city manager on forms furnished by the
city. The forms shall specify the location and extent of the proposed work, and
the time when the work is to be in progress.
CHAPTER 22
Sec.29.201. DEFINITIONS.
y Par-king means the par-king of vehieles of the r-esidea4s, ettsteffler-s, ,
employees, or-owners of a site,fiet ifieluding vehieles for-sale by the e�A%er-or-tenant e
the site.Vehieles under-this definitieft must be fegister-ed and keensed and must be able
to be staAed and move on their-own power-a distanee of at least 200 yards. Aeeesse
paf-kifig outdoors for-more than 72 hetifs is eensider-ed eutdoer-storage as de4fied in this
ehapter-.
(xxx)All-terrain vehicle means a motor vehicle designed primarily for off-road
recreational use.All-terrain vehicles include off-road motorcycles and off-road utility
vehicles.
(xxx)Equipment means a vehicle not otherwise defined as a vehicle,trailer, semi-trailer,
recreational vehicle,mobile home,or commercial vehicle and not designed ied primarily for
transportation over public ways, including but not limited to construction machinery
maintenance machinery, ditch-digging apparatus, and agricultural equipment. It also
includes tanks,, generators,and other machinery. This also includes the keeping of tanks,
generators, and other machinery on trailers.
13
(xxx)Habitation means the occupancy structure, a vehicle, including but not
limited to a car,trailer,recreational vehicle,truck,mobile home,manufactured home, or
modular home for overnight or sleeping accommodation.
(xxx)Inoperable means not capable of being used or operated as a motor vehicle.
(xxx)Junked Vehicle means any vehicle,trailer,or semitrailer which because of any one
of the following characteristics, constitutes a threat to the public health,welfare and/or
safe .
(a) That has been rendered inoperable because of a missing or broken windshield or
window glass, fender,door,bumper,hood, steering wheel, driver's seat,trunk,
fuel tank,two or more wheels,engine, drive shaft, differential,battem generator
or alternator or other component part of an electrical system, any component or
structural part,or lack of current registration:
(b) That has become the habitat of rats,mice, snakes or any other vermin or insects;
(c) That is being used for storage purposes;
(d) That its condition constitutes a threat to the public health or safety of the public;
(e) That contains gasoline or any flammable fuel and is inoperable.
(147)Outdoor Display means the outdoor exhibition of products,vehicles, commercial
vehicles, equipment,recreational vehicles,trailers, semitrailers, and manufactured and
mobile homes and machinery for sale or for lease. Uses that often have outdoor displays
include car and boat sales and plant nurseries. Outdoor display does not include goods
that are being stored or parked outside.
(148)Outdoor Storage means the outdoor keeping of any goods,material,merchandise,
vehicles, or other items for more than 72 hours,not including solid waste ems.
However,parking of vehicles accessory to residential uses for more than 72 hours shall
not be considered outdoor storage.
(xxx)Parking,Accessory means the parking of vehicles of the residents, customers,
guests, employees, or owners of a site,not including vehicles for sale by the owner or
tenant of the site. Accessory parking outdoors for more than 72 hours is considered
outdoor storage as defined in this chapter. However,parking of vehicles accessory to
residential uses for more than 72 hours shall not be considered outdoor storage.
(xxx)Parking,Commercial means the parking of vehicles not accessorytpecific
use,whether or not a fee is charged. This includes commercial shuttle parking, office and
retail shared parking lots,regular fee parking, and short-term or long-termparking in a
surface parking lot or structure as a principal use. Commercial parking does not include
parking of recreational vehicles,boats, semitrailers and trailers,mobile homes,
commercial vehicles, equipment,machinery, and junked vehicles,which is categorized as
warehousing.
(152)Parking Lot means the area not within a building where motor vehicles may be
stored kept for the purposes of temporary, daily, or overnight off-street parking. "Parking
Lots" include motor vehicle displays or storage lots.
(18413) Salvage Yard means any open area on any parcel of land used for dismantling,
storing,abandonment or keeping of junk or machinery, appliances,or the dismantling or
14
abandonment of motor vehicles,junked vehicles, equipment, or other vehicles, or parts
thereof. "Salvage Yard" shall not include any vehicular storage areas.
(xxx) Semitrailer means every vehicle without motive power designed for carrying
persons or property and for being drawn by a motor vehicle and so constructed that some
part of its weight and that of its load rests upon or is carried by another vehicle.
(xxx)Trailer means every vehicle without motive power designed for carrying persons
or property and for being drawn by a motor vehicle and so constructed that no part of its
weight rests upon the towing vehicle.
vehiele weight"of more than 10,000 petmds.
(xxx)Vehicle means an automobile,truck,motorcycle,all-terrain vehicle, golf cart, or
other trackless self-propelled vehicle designed primarily to transport persons or property
over public streets and highways. This does not include commercial vehicles and
recreational vehicles.
(xxx)Vehicle, Commercial means those vehicles with or without a trailer having a
manufacturer's stated"gross vehicle weight"or"gross vehicle weight mating"of more
than 10,000 pounds-or any vehicle used for the transportation of hazardous material of a
type of quantity requiring vehicle placarding.
(237)Vehicle Storage means the keeping of vehicles,including but not limited to
commercial vehicles,equipment,recreational vehicles,trailers, semitrailers,junked
vehicles, and mobile homes, as a characteristic attribute of a defined principle use, (e.g.,
parking associated with a towing company, or with a vehicle service facility). Vehicle
storage does not include accessory or commercial parking as defined in this chapter and
does not include parking associated with sales or leasing of vehicles. Vehicles stored
outdoors for more than 72 hours are considered outdoor storage as defined in this chapter.
(238)Vehicular Storage Area means any open area on any parcel of land used for
storing or keeping of mote vehicles, including but not limited to commercial vehicles,
equipment,recreational vehicles,trailers, semitrailers,junked vehicles, and mobile homes
other-• ehieles or parts thereof. "Vehicular Storage Area" shall not include any salvage
yards.
Sec. 29.304. USE REGULATIONS.
(3)Prohibited Uses.
(a)Uses Prohibited in All Zones. The following uses of land and buildings are
prohibited in all zones whether on public or private land:
(i)Any structure or building or any use of any structure,building or land
that is injurious,obnoxious,dangerous or a nuisance to the City or to the
neighborhood through noise,vibration,concussion,odors, fumes, smoke,
gases,dust,harmful fluids or substances, danger of fire or explosion,or
other features detrimental to the City or neighborhood health, safety,or
welfare;
(ii) The use of Par-king of tFa s recreational or mother vehicles,
semitrailers,trailers, commercial vehicles,manufactured homes,or
15
mobile homes used for human habitation or any accessory use, except
use incidental to construction ongoing on a site or emergency shelter for
up to 30 days by persons whose dwelling has been made uninhabitable
by fire or other casualty,or as permitted in the Residential Low Density
Park(RLP)Zone or on the permitted permanent site of a manufactured
home;
(iii)Outside storage ofinoperative o e aster-e motor-Vehie os
including junked vehicles, commercial vehicles,equipment,recreational
vehicles,mobile homes,trailers, and semitrailers
'fer-more than 30 days-
unless otherwise permitted in the individual Zone Development
Standards Tables or incidental to construction ongoing on a site. Except:
(1)One 1) junked vehicle shall be permitted to be stored per
property for up to 30 days outdoors cumulative per vehicle per
calendar year accessory to a residential use. Storage of a junked
vehicle is subject to all parking area and driveway standards of
29.406.
(2)One 1 unoccupied recreational vehicle,boat, or trailer is
permitted to be stored in the rear yard or wholly in the side yard
of the lot accessory to a residential use. Storage of an unoccupied
recreational vehicle,boat, or trailer is subject to all parking area
and driveway standards of 29.406.
Sec. 29.406. OFF-STREET PARKING.
(5)Use of Required Parking Spaces. Required parking spaces must be maintained for
the duration of the use requiring the spaces. Required spaces shall be used exclusively
for the temporary parking of passenger motor vehicles or light(non-commercial trucks
and must be available for the use of residents, customers, and employees of the use
requiring the parking spaces. Fees may be charged for the use of required parking
spaces. Required parking spaces for one site may not be assigned in any way to a use on
another site unless such assignment is made under an approved Joint Use Parking Plan,
the requirements for which are set forth in Section 29.406(17). no,,uirea ....,fkif g spaees
may no!be used for-the paf44fig of equipmepA,the storage or-display of goods, or-the
storage or-repair-of inoperable vehieles. Parking of recreational vehicles,trailers,
semitrailers, commercial vehicles, equipment,junked vehicles, or mobile homes or
storageplay of,goods in required parking spaces is not permitted,except:
(a) One(1)unoccupied recreational vehicle,boat, or trailer is permitted to be
parked in a required parking space in compliance with surface material and
other applicable standards of Ames Municipal Code Section 29.406 in a
residential district or unless otherwise permitted in the individual Zone
Development Standards Tables; or
(b) Those incidental to construction ongoing on a site.
Mafmfaetur-ed homes, mobile homes,tfavel trailers, or-feefea4ional vehieles shall not be
ma*uf-aettifed home pafk, er-the pefmanefA installed site of a manufaettir-ed home-.
16
the#M'el tfflilef OF Feer-eatiOftal Vehiele,beat, of boat tfailef is not used f6f living quar-tefs
Sec.29.408. OTHER GENERAL DEVELOPMENT STANDARDS.
(2)Fences.
(a)Applicability. These standards apply to all zoning districts except General
Industrial(GI),
Research and Innovation(RI), Intensive Industrial (II),and Planned Industrial
(PI).
(3) Solid Waste Collection Areas. All containers of garbage,trash,refuse, and recycling
incidental to the principal use shall be located within defined collection areas and shall be
screened from all public rights-of-way,other than alleys, and from adjacent properties to
the High Screen(i.e., 6-foot-tall planting landscape buffer)or F2 (i.e. opaque fence)
standards set forth in Section 29.403. Individual receptacles for incidental pedestrian use
and those for single-and two-family homes are exempt. Recycling drop-off and other
Waste Processing uses are not considered incidental to the principal use as described in
this section.
Table 29.1201(7)-1
Village Residential(F-VR)Floating Zone Urban Regulations
Country Houses
Design Trash eepAaiaer-s shall be in the area of the lot where par-king is pefmitted an
Elements shall be s ee oa from
Table 29.1201(7)-2
Village Residential(F-VR)Floating Zone Urban Regulations
Village House
Design Trash eepAaiaer-s shall be in the area of the lot where par-king is pefmitted an
Elements shall be s oa 4em
Table 29.1201(7)-3
Village Residential(F-VR)Floating Zone Urban Regulations
Village Cottages
Design T-fash eofttaiaefs shall be in the afea of the!at where par-king is pefn+4ted-a*d
Elements shall be s oa fFem
17
Table 29.1201(7)-4
Village Residential(F-VR)Floating Zone Urban Regulations
Single Family Attached/Side-Yard House
Design Trash eepAaiaer-s shall be in the area of the lot where par-king is pefmitted an
Elements shall be s ^^ ^a from
Sec.29.1304. HOME OCCUPATIONS.
(4) Criteria.
(c)All Home Occupations must comply with the following requirements:
(v)Parking Criteria.
(b)Trailers,inoperable 'uJ nked vehicles,and other Home
Occupation-related trucks,vehicles, and equipment shall not be
stored or parked on the driveway. One operable company vehicle
is allowed to park in the driveway.
(c) Only one delivery vehicle associated with the activity may be
parked on the street near the premises for not more than 4
consecutive hours.
(f) On street parking of equipment,vehicles,trucks, and trailers
related to or used for the home occupation is prohibited,with the
exception of one vehicle related to the home occupation that may
be parked on the street in compliance with Ames Municipal
Code Chapter 18,Parking.
(6)Prohibited Uses. In addition to Home Occupations that do not comply with the
criteria,the following uses are prohibited for Home Occupations:
(g)Repair or painting of motor vehicles(including motorcycles and boats) or of
any trailer, semitrailer,recreational vehicle,mobile home,commercial vehicle,
equipment, etc. der, ete.,pulled by a motor-vehi^el.
Sec.29.1308. MINI-STORAGE WAREHOUSE FACILITIES.
(7)Parking.Parking shall be situated in conjunction with an office or management
structure, for use by staff, service or delivery personnel, or prospective tenants.
(c)Except for purposes of loading and unloading,there shall be no parking or
storage of commercial vehicles, equipment,vehicles,trailers,mobile homes,
semitrailers,recreational vehicles, and moving vans.
(9)Prohibited Uses.
(a) The following uses and activities shall be prohibited:
18
(ii) Servicing or repair of motor vehicles,boats,trailers, lawnmowers,
semitrailers,recreational vehicles, commercial vehicles, equipment, and
mobile homes, or similar equipment is prohibited.
(iii)Outdoor storage of boats,vehicles, commercial vehicles, equipment,
trailers, semitrailers,recreational vehicles, or other materials is
prohibited. All items stored on the property shall be located within
buildings.
CHAPTER 30
Sec.30.5.Nuisance defined; certain acts,conditions declared as nuisances.
oeting or-eneumber-ing,by > ,
of the pttblie streets a-ad rights of ways. Obstructions as prohibited in Ames Municipal
Code Chapter 22.
(21)Junked vehicles stored outdoors on private property for more than 48 hours.
Exceptions:
(a) Junked vehicles stored within a garage or other enclosed structure_
(b) One 1)junked vehicle per property may be stored outdoors for no more than
30 days cumulative per vehicle per calendar year in compliance with Ames
Municipal Code Section 29.304(3)Prohibited Uses when^r whieh are kept
concealed and enclosed behind an opaque wall at least six feet in height, or
completely covered by a tight-fitting opaque cloth vehicle cover or tight-
fitting cloth tarpaulin.
Lcl(b)Junked vehicles stored upon the premises of a duly authorized salvage
yard or junk yard and meeting the requirements of the Ames Municipal Code.
(22)Travel trailers,recreational vehicles,boats, or boat trailers not in compliance with
Ames Municipal Code 29.304(3)Prohibited Uses or Section 29.406(5)Use of Required
Spaces Seetion 29.406(19)r aauf ^ oa Home, bile Name, ra Reer-e,tion l V Mile
�tm'�M^ , ^ ���-uae��r�,
Pig.
(24)Home occupations not in compliance with Ames Municipal Code Section 29.1304
Home Occupations."
Section Two.Violation of the provisions of this ordinance shall constitute a municipal
infraction punishable as set 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 designations are subject to change during
the codification process.
Section Four. This ordinance shall be in full force and effect from and after its passage
and publication as required by law.
19
Passed this day of ,
Renee Hall,City Clerk John A. Haila,Mayor
20