HomeMy WebLinkAbout~Master - Ordinance Amending Chapter 18, Chapter 22, Chapter 29, and Chapter 30 to Harmonize the Code with Chapter 30, Public Nuisances ORDINANCE NO. 4517
AN ORDINANCE TO AMEND THE MUNICIPAL CODE
OF THE CITY OF AMES,IOWA,BY AMENDING
CHAPTER 18,CHAPTER 22,CHAPTER 29,AND
CHAPTER 30 THEREOF,FOR THE PURPOSE OF
HARMONIZING THE CODE WITH CHAPTER 30,
j PUBLIC NUISANCES;REPEALING ANY AND ALL
ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT TO THE EXTENT OF SUCH CONFLICT;
j PROVIDING A PENALTY;AND ESTABLISHING AN
EFFECTIVE DATE.
BE IT ENACTED,by the City Council for the City of Ames,Iowa,that:
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i 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
See. 18.15. PARKING IN FRONT YARDS
The parking of metavehicles, motorized or non-motorized, in the front yards of
residential structures is prohibited. Any person who parks a =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 mete x vehicles on driveways and
parking areas in compliance with Ames Municipal Code Section 29.406 established
F ,.4,,. inn pe mit of the Gily f_eme . 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 fine,as viewed from the street,shall extend parallel to the street to the
nearest comer of the principal structure and then along the face ofthe 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
tha rigright-of-way euW&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 eurb
lines,pen the publie_s soots e .,++i,..F Designated municipal ditches, which are maintained by
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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
I right-of-way.
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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
3yay.
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See. 22.3. ENCROACHMENTS.
(1)Encroachments Prohibited.Permit;Req-ui+ed: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 lots
alley or 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;
le and until pennission is granted to ereate,eenstrtiet, , ..maintain the
BFZeIO�?+: eanne,+: ,« with+L.,Peal ., ,.,E,.of+1, ., „r1 «++on., ,,,:+h.
reeedure.
(a)Permit;-eExceptions
(i)Permitted Encroachments.A prohibited encroachment maybe
! 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..Mai[boxes 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 specirications
for mailboxes erected on highways published by the American
Association of State Highway and Transportation officials, Washington,
D.C.,on May 24, 1984.
I (2)Encroachment Permit Application.
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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 wi hin the limits of the righ ay
t-of--w
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;etect
barricades,false work,or form work,keep uipment;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,
„nmr+i�rvf�irvBtS-H1 d all n the..i+.. �,•4,••3vc[s i
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j y the 't, shall fy the time, place.�1�+ ��01117'T.�.S�l� ITPGirS�'f RCS.GI JTRiTI'JF�"�G' � TCice-c1.RlT
rotee dui:idie the time theebstruetions are plaae,The
withdmw the eer-missien-at any time thie hazardous to the eub'ie,
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in the A.A.-WeR BeFffl-if-.
(a) Exception for Permitted Obstructions.No person shall eenstpuet any
sidewalk,msidenee,
purpose,building OF other impi-eyennelit, er-while Make Pepflifr'te
for any other the , e 81 eF othe same,E)istreet,
'thin the StFeet
inaler-ial upon any avenue,alley, oF publie plaeo,
barfiea a lighted OF fl.,PeS 1.0VA'._,.,.,thO 1,,.,,,.n Of n..nnot n.,a
l f d lt
Iifflifflaiently bright to be easily ebseiwed at a distanee offlai-ee- hund-Fed-(3$9)
fee�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 by the city 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
j place.The city managery withdraw the permission at any time the
obstructions become hazardous to the public, upon failure of the person
f failing or refusing to observe the instructions as set forth in the written
permit, or for an, other reason. If a temporary obstruction is permitted,
(i) 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 may b�quired as a condition of approval,
ii (3) hisaffinee 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(t)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
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(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 alleL sidewalk bicycle lane
shared use_path or other public way for vehicles and pedestrians shall
not be considered a.tempora•!3�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 witheti
thwef
All such work shall require a permit
for"armit to do w as specified in this section a,�application for
which shall be made in writing to the city manager on forms furnished by the
i city.The forms shall specify the location and extent of the proposed work,and
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the time when the work is to be in progress.
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CHAPTER 29
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See.29.201.. DEFINITIONS.
(4) Aeoessory Parking means the parking of vehieles of the residents, eustemers,guests,
Ro.Vehieles under this definition m st be registered and lieensed and must be able
the s,
to be started and move en their-ewii power-a distanee of at least 200 yaMs. Aseessery
parking outdoors
ehapteE;
(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.
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(xxx)Equipment means a vehicle not otherwise defined as a vehicle,trailer,semi-trailer,
recreational vehicle, mobile home,or commercial vehicle and 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,This also includes the keeping of tanks,,
generators,and other machinery on trailers.
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(xxx)Habitation means the occupancy of any structure,a vehicle, includingbut t not
limited to a car,trailer,recreational vehicle,truck,mobile home,manufactured home,or
j 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
s fe
(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,
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fuel tank,two or more wheels,engine, drive shaft,differential, battem generator
or alternator or other component pail of an electricals stem any com onent or
structural part,or lack of current registration:
(b) That has become the habitat of rats,mice,snakes or any other vermin or insects,
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(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
j 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 eut of dse s.
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,
pests employees,or owners of a site not including vehicles far sale b the owner or
tenant of the site. AccessorLparking 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 accessory to a specific
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-term parking in a
surface parking lot or structure as a.principal use. Commercial parking does not include
arkin of recreational vehicles boats semitrailers and trailers mobile homes
commercial vehicles, equipment,machinery,and junked vehicles,which is categorized as
warehousing.
(152)Pariting Lot means the area not within a building where motor vehicles may be
stared 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,appliaiices or the dismantling or
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.
weight"(23 1)Tmeks aild 9quipment means these vehieles having a manufwtureFs stated "gi-oss
vehicle
of more than 10,000 peu*&.
(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 of without a trailer having a
manufacturer's stated"gross vehicle weight"or"gross vehicle weight rating'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 ta+eter vehicles, including but not limited to commercial_vehicles,
equipment,recreational vehicles,trailers, semitrailers,junked vehicles,and mobile homes
other vehicle.,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•Ra+hing OftFffilets recreational or meteFother vehicles,
semitrailers trailers commercial vehicles manufactured homes or
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mobile homes tfsed for human habitation or any accessory use, except
trse incidental to construction ongoingosite or emergency shelter for
up to 30 days by persons whose dwelling has been made uninhabitable
by Ere or other casualty, or as permitted in the Residential Low DensjtX
Park(RLP)Zone or on the permitted permanent site of_a manufactured
home;
(iii)Outside storage
including junked vehicles,commercial vehicles,equipment, recreational
vehicles mobile homes trailers and semitrailers for-
unless otherwise permitted in the individual Zone Development
Standards Tables or incidental to construction ongoing_on a site.Except:
(1)One k1j,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,n the side
of the lot accessory to a residential use.Storage of an unoccupied
recreational vehicle,boat,or trailer is subject to all parking are
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).
may Hot used fer tie p,,.,i ing of equipfiftem
,,,,Mile Parking of recreational vehicles,trailers,
semitrailers commercial vehicles equipment,junked vehicles,or mobile homes or
storage or display 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 parkin,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 n a site.
(19)Manuffiet{mil Home,Mobile Home,amid Re atio�
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pa*ed,stored,ep oeo pied en any pFeper-ty whiA is not part of an app
m"uffl ,or the pepmaneiit .
However, hAAt At-
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y distpiet, provided
the-tr-avol trailer or ree-reat-ienal vehiele, boat, ti-, F-i ot used for living quarters
business
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 (1I), 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(Le,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 T-wsh eentaineps shall be ,the o of the letwher-e parldng is peffnitte
Elements
Table 29.1201(7)-2
Village Residential(F-VR)Floating Zone Urban Regulations
Village House
Design Trash eontaineFs shall be in the area of the lat whei,e paFking is pennitted and
Elements &"r" roened fi-ernrview
Table 29.1201(7)-3
Village Residential (F-VR)Floating Zone Urban Regulations
Village Cottages
Design T. .h eentainers shall be in the aped.of the lot whet—e parlitig is perfflit4e a �a
Elements s1 e sereened f+em
Table 29.1201(7)-4
Village Residential (F-VR)Floating Zone Urban Regulations
Single Family Attached/Side-Yard House
Design T.ash nt o shall be in thearea of the !„t ieFe parking is permitted and
Elements shall
See. 29.1304, HOME OCCUPATIONS.
(4) Criteria.
c All Home Occupations must comply with the following requirements:
( } P pY
(v)Parking Criteria.
(b Trailers,inep etable junked vehicles, and other Home
Occupation-related trucks,vehicles,and equipment shall not be
stored or parked on the driveway.One operable company vehicle
1 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.
(t)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.eamper,ete., pulled by - motor- ,Mile-.
See. 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:
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(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,
l trailers,_semitrailers, recreational vehicles,or other materials is
prohibited. All items stored on the property shall be located within
buildings.
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f CHAPTER 30
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Sec.30.5.Nuisance defined; certain acts,conditions declared as nuisances.
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of Me pub'ie streets amid rights of
Obstructions as prohibited in Ames Municipal
i 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)i 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 or which atekept
concealed and enclosed behind an opaque wall at least six feet in height,or
i completely covered by a tight-fitting opaque cloth vehicle cover or tight-
fitting cloth tarpaulin.
Col(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 ewe d Home, Mobile mean
PaFkiflg
(24)1-iome 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 frill force and effect from and after its passage
and publication as required by law.
Passed this 23 day of January, 2024
Renee all, City Clerk John A. Haila, Mayor