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Ordinance No. 499
AN ORDINANCE REGULATING SIZE OF BUILDINGS AND OTHER
STRUCTURES; THE SIZE OF YARDS, COURTS, AND OTHER OPEN
SPACES; THE DENSITY OF POPULATION; THE LOCATION AND USE
OF BUILDINGS, STRUCTURES AND LAND FOR TRADE, INDUSTRY,
RESIDENCE OR OTHER PURPOSES; ESTABLISHING THE BOUNDARIES
OF DISTRICTS DEEMED BEST SUITED TO CARRY OUT THE PURPOSE
OF . THIS ORDINANCE; REQUIRING THE ISSUANCE OF BUILDING
PERMITS BEFORE THE ERECTION, CONSTRUCTION, RECONSTRUCTION,
CONVERSION, ALTERATION, ENLARGEMENT, EXTENSION, RAISING
OR MOVING OF ANY BUILDING OR STRUCTURE, AND PROVIDING
PENALTIES FOR THE VIOLATION OF THE SAME.
WHEREAS, the City Council of the City of Ames, Iowa deems it necessary
in order to lessen congestion in the streets; to secure safety from
fire, panic and other dangers; to promote health and general welfare;
to provide adequate light and air; to avoid undue crowding of popu-
lation; to facilitate the adequate provisions of transportation,
water, sewage, schools, recreational facilities and other public re-
quirements; to conserve the value of property and encourage the
most appropriate use of land throughout the City in accordance with
a comprehensive plan;
NOW THEREFORE, Be it Ordained by the City Council of the City of
Ames, Iowa:
SECTION 1, SHORT TITLE: This Ordinance shall be known and may
be cited and referred to as the "Zoning Ordinance" to the same effect
as if the full title were stated.
SECTION 0% DEFINITIONS: For the purpose of interpreting this
Ordinance, certain words, terms, and expressions are herein defined
Words used in the present tense include the future; the singular
number includes the plural and the plural includes the singular; the
word "building"' includes the word "structure• and the word "shall"
is always mandatory.
ACCESSORY BUILDING: (See Building - Accessory)
ALLEY: A public thoroughfare not more than twenty (20) feet i
width, for the use of vehicles.
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ALTERATION, STRUCTURAL: Any change in the supporting members
of a building, such as bearings walls, partitions, columns, beams,
or girders. The enlargement of the size or height of a building
shall be construed to be a structural alteration.
ATTIC: A space under a gable, hip or gambrel, or other rood,
the finished floor of which is, or would be, entirely above the
level of the wall plates of at least two (2 ) exterior walls, and the
height of which, from the floor level to the highest point of the
roof, does not exceed ten (10) 'feet.
BASEMENT: A "basement* is a story partly underground but havi g
at least one-half (J) of its height above the curb level, and also
one-half (*) of its height above the highest level of the adjoining
ground. A basement shall be counted as a story under the provision
of this Ordinance.
BLOCK FRONTAGE: The frontage of lots facing the street under
consideration which are comprised between two (2 ) adjacent streets
or between a street and the adjacent corporation line.
BOARDING OR LODGING HOUSE: A building, other than a hotel,
fraternity house or sorority house, where meals are regularly serve
or lodging furnished for compensation to more than five (5) persons
not members of the family there residing.
BUILDING: A structure having a roof supported by columns or
walls for the shelter, support or enclosure of persons, animals or
chattels. V&en separated by division walls from the ground up with-
out openings, each portion of such structures shall be deemed a
separate building.
BUILDING, ACCESSORY: Any building which is subordinate to the
main building on the lot, not attached thereto and used for purpose
customarily incidental to those of the main building. Private gars es
are accessory buildings.
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BUILDING WALL: The wall of the principal building forming a
part of the main structure. The foundation walls of unenclosed porches
or piazzas, steps, walks and retaining wall or similar structures
shall not be considered as building walls under the provisions of
this Ordinance.
COURT: An open, unoccupied space on the same lot and fully en-
closed on at least three (3) adjacent sides by walls of the building.
An outer court is any court facing for its full required width on a
street, or on any other required open space not a court.
CELLAR: A story having more than one-half (J) of its height
below the curb level, or below the highest level of the adjoining
ground. ,A cellar shall not be considered as a story for the pur-
poses of this Ordinance.
CURB LEVEL: The mean level of the curb or the established
curb grade in front of the lot or building. Where no curb level has
been established the City Engineer shall establish such curb level
or its equivalent for the purpose of this Ordinance.
DWELLING, SINGLE FAMILY: A detached building arranged, designed
or intended to be occupied as the residence of a single family and
having no party wall in common with an adjacent house or houses.
DWELLING, TWO-FAMILY: A detached building that is arranged,
designed or intended to be occupied as the residence of but two (2)
families or housekeeping units living independently of each other.
DWELLING, MULTI-FAMILY: An apartment house or dwelling used o
intended to be used or occupied as a residence of three (3) or more
families or housekeeping units living independently of each other.
FAMILY: A group of individuals living and cooking together on
the premises as one (1 ) housekeeping unit, but a family shall not
include a group of more than five (5) individuals not related by
blood or marriage.
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FRATERNITY OR SORORITY HOUSE: A building, other than a hotel
that is arranged, intended or designed to be occupied as a residence
for a club of more than five ( 5) members there residing.
GARAGE, PRIVATE: An accessory building or portion of a building
in which one (1) or more motor vehicles are housed, but in which no
business service or industry connected with motor vehicles is carried
on other than leasing of space as is permitted under the provisions .
of Section 11 of this Ordinance.
GARAGE, PUBLIC: A building or portion of a building in which
motor vehicles are equipped for operation, repaired; stored or kept
for renumeration, hire or sale.
GASOLINE STATION: A building or portion of a building used-
chiefly, in connection with tanks, pumps and other appliances, for
supplying motor vehicles with gasoline, oil, compressed air, water
and similar supplies, but not for the purpose of making repairs.
HEIGHT OF BUILDING: The vertical distance from the curb level
to the level of the highest point of the roof adjacent to the street
wall in the case of a flat roof, to the deck line of a mansard roof,
and to the mean height between the eaves and the ridge for gable,
hip, and gambrel roofs. Where a building is set back from the street
line, its height may be measured from the average blevation of the
finished grade of the front yard, provided that the building is at
least as far distant from the street line as such grade is above the
curb level.
HOTEL: A building occupied as the more or less temporary abid
ing place of individuals who are lodged with or without meals and i
which there are more than twenty-five (25) sleeping rooms usually
occupied independently.
LODGING HOUSE: (See Boarding House)
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LOT: A lot is a parcel of land under one (1 ) ownership on
which a principal building and its accessories are placed, together
with the required open spaces, having its frontage upon, one (1) or
more streets or on an officially approved place.
LOT, CORNER: Lots conforming to the requirements of the follo -
ing specified conditions shall be considered as corner lots under
the provisions of this Ordinance.
1. A lot fronting on two (2 ) intersecting streets which form
an interior angle of one hundred and thirty-five degrees
(1350 ) or less.
2. A lot located at the angle in a street where the interior
angle formed by the intersection of the street lines is
one hundred and thirty-five degrees (1350) or less.
LOT DEPTH: The distance from the front lot line to the rear
lot line. In the case of a lot of irregular shape, the mean depth
shall be the lot depth.
LOT WIDTH: The distance between the side lot lines. In the ease
of a lot of irregular shape, the mean width shall be the lot width.
LOTS INTERIOR: An interior lot is any lot other than a corner
lot*
LOT, THROUGH: A lot running through the block from street to
street.
LOT LINE, FRONT: In the case of an interior lot abutting on
only one street, the front lot line is t he street line of such street.
In the case of any other lot, it may be such street line as is elected
by the owner to be the *front lot line" for the purpose of this
Ordinance. Where any such election is manifestly contrary to the
established character or welfare of the neighborhood, the enforcing
officer shall thereupon refer the case to the Board of Adjustment,
herein established, for a decision, as provided in Section 19 of
this Ordinance.
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LOT LINE, REAR: That boundary line which is opposite and most
distant from the front line.
LOT LINE, SIDE: Any boundary line not a front lot line or a
rear lot line.
NON-CONFORMING USE: A use that does not comply with the regula-
tions of the district in which it is situated.
OFFICIAL MAP: The official map shall be that map on file in
the office of the City Clerk of the Cit of Ames an c -`11ti�serffn ce.
Said map by this reference thereto bein� made a par
hereafter to said official map shall mean the map just referred to.
PLACE, PUBLIC: An open or unoccupied public space more than
twenty (20 ) feet in width which is permanently reserved for the
purpose of access to abutting property.
PORCH, OPEN: a roofed structure, open on two (2 ) or more side .,
projecting from the front, side or rear wall of the building. An
open porch-. may be enclosed by .removable storm windows for periods
not exceeding seven months in any year.
PUBLIC NOTICE: The publication of the time and place of any
public hearing not less than fifteen (15) days prior to the date of
said hearing in one (1) newspaper of general circulation in the
municipality.
STORY: A story is that part of any building comprised between
any floor and the floor or attic next Above; the first story of a
building is the lowest story having at least one-half (J) of its
height above the curb level and also one-half (21) of its height
above the highest level of adjoining ground.
STREET, PUBLIC: A public thoroughfare more than twenty (20)
feet in width.
STREET FRONT: The street or public place upon which a plot
abuts. If a plot abuts upon more than one street or public place
it shall mean the street designated as the front street in the
owners application for a building permit.
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STREET LINE: The dividing line between a lot and a public
street, alley or place.
STREET WALL: The wall of the building nearest the street under
consideration.
STRUCTURAL ALTERATION: (See Alteration Structural)
YARD FRONT: The required space, unobstructed to the sky, open
for the whole width of the lot extending from the nearest part of
any building on the lot to the front lot line excluding cornices,
eaves, gutters or chimneys projecting not more than thirty (30) inches;
steps, bay windows or similar features not extending through more
than one story and which do not aggregate more than one-third (1/3)
of the width of the frontage of the building, and vestibules
not more than one story in height and extending more than three (3)
feet beyond the front wall of the principal building, one story ope
porches eight (8) or less feet in width.
YARD, REAR: The required open space, unobstructed to the sky,
extending along the rear lot line (not a street line) throughout th
whole width of the lot to the rear of the principal building, ex-
cluding cornices, eaves, gutters, chimneys projecting not more than
thirty (30 inches, uncovered steps, open porches, not more than one
story in height and eight ( 8) feet in width, and accessory building .
YARD, SIDE: The required open space, unobstructed to the sky,
extending along the side lot line from the front yard to the rear
yard, excluding cornices , eaves, gutters, chimneys and bay windows ,
or similar features extending not more than one story in height
which project into the side yard but are thirty (30) inches or more
from the adjacent lot line.
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SECTION 3. DISTRICTS:
(a) For the purpose of this Ordinance the City of Ames, Iowa,
is hereby divided into five (5) classes of districts, as follows :
"A" Districts --(Residence)
"B" Districts -- Rocal. Business )
ultiple Residence )
"C" Districts -- Multiple
"D" Districts -- (Business and Light Industry)
"E" Districts -- (Heavy Industry)
(b) The various districts and their boundaries are hereby es-
tablished as shown on the official Zoning Map of the City of Ames
and which, with all its designations, is hereby declared to be a
part of this Ordinance.
SECTION 4. DISTRICT BOUNDARIES:
The boundaries of the various districts established by this
Ordinance are street lines, alley lines, property lines, lot lines,
or other lines shown on the official Zoning Map. Where boundaries
are approximately indicated as property or ,lot lines, the true
locations of such lines shall be taken as the boundary lines. Where
the distance to any boundary line from a street line, property line
or lot line, is indicated by the official Zoning Map, such measure-
ment shall control.
SECTION 5. GENERAL REGULATIONS:
(a ) Except as hereinafter provided, no building or_part there
of shall be erected, constructed, reconstructed, converted, altered
enlarged, extended, raised, moved or used, and no land shall be
used except in conformity with the regulations herein prescribed fo
the district in which such building or land may be situated and until
a building permit has been issued by the Zoning Enforcing Officer
as provided herein.
'b) Unless otherwise specified, no use shall be permitted in
any district which is prohibited in any, less restricted district,
and unless otherwise provided, no use permitted in a more restricted
district shall be prohibited in a less restricted district.
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(c ) The principal building on a lot shall front on a street
or public place.
(d) No yard, or other open space provided about any building
for the purpose of complying with the provisions of this Ordinance
shall be considered as providing a yard or open space for any other
building, nor shall the lot area per family be reduced in any manne ,
except in conformity with the area regulations herein established
for the district in which such building is located.
(6) The depths of yards as specified herein shall in all case
be measured from the lot line to the nearest point of the adjacent
buildingwall of the building under consideration.
(f). No lot shall hereafter be so reduced in area that any re-
quired yard, court or other open space will be smaller than is pre-
scribed in this Ordinance for the district in which it is located.
(gJ Not more than two (2) residences are permitted on a tract
or parcel of land until the same has been subdivided in p4cordance
with Chapter 321 of the Code of Iowa.
(h) No building in the rear of any principal building on the
same interior lot shall be used for residence purposes.
(i ) Each lot upon which a dwelling is to be erected or enlarg d
shall provide a lot area per family not less than those specified
hereinafter for the district in which such building is located;
"A", "B" and "C" DISTRICTS
One and two family dwellings - 3000 sq.. ft. per family.
Multi-family dwellings of
three, four and five fami3les - 1500 sq. ft. per family.
Multi-family dwellings of
six or more families - 1000 sq. ft. per family.
"D" AND "E" DISTRICTS
One or two f#mily dwellings - 2500 sq. ft. per family..
Three or more family dwellings - 1000 sq. ft. per family.
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The above requirements shall not apply to hotels .
(j ) Any portion of a building which is covered by a roof and
which is enclosed on three (3) or more sides shall be considered
as a part of the building.
SECTION 6. USE REGULATIONS FOR "A" DISTRICTS. (Residence) .
Within any "A" District, unless otherwise provided in this
Ordinance, no building or land shall be used for other than one or
more of the following purposes.
(a) Single or two family dwellings: Nothing herein shall pre-
vent the serving of meals to five ( 5) or less persons not members
of the family there residing or the renting of rooms to five (5)
or less persons or both, provided there is no display of advertising*
Not more than two (2 ) families may occupy one (1) principal builds
on a lot in an "A" District.
(b) Offices or studios of professional persons, or space for
home occupations not involving in any case the conduct of a business
on the premises, provided that any such activity may only be carri e
on in the building which is used as the private dwelling of the pro '
prietor, provided further that any such activity shall not occupy
more than fifty per cent (50%) of the floor area of one (1) story
of such building, provided further that not more than one (1) per-
son not a member of the family there residing shall be regularly
employed in addition to the proprietor, provided further that there
shall be no display of goods and no advertising on the premisee
other than a small sign not to exceed one (1) square foot in area
and carrying only the name and occupation of any occupant of the
premises, provided further that the building or premises occupied
shall not thus be rendered objectionable or detrimental to the
residential character of the neighborhood due to the exterior
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appearance, the emission of odor, gas, smoke, dust, noise or in any
other way, and provided further that any such building shall includ
no features of design not customary in buildings for residential us
(c) Churches. '
(.11) Schools, elementary and high.
(e) Public Libraries or public museums.
(C) Clubs, lodges, or social or community-center buildings,
excepting those, a chief function of which, is a service or activitly
conducted or customarily conducted for gain.
(g) Playgrounds or parks not conducted as a business.
(h) Farms, truck gardens, orchards, and wood lots.
(i ) Horticultural nurseries and greenhouses for the propogati n
of plants only, provided there is no display of advertising or of
plants other than growth, and provided further that before a permit
is issued for such use by the Zoning Enforcing Officer, he shall
have on file in his office the written consent of the owners of
ninety per cent (90%) of all of the privately owned land within three
hundred (300 ) feet of any part of the premises to be occupied by
such use.
(J ) Real estate signs advertising for sale, rental or lease
only the premises, lots or tracts on which they are located as pro-
vided in Section 12 of this Ordinance.
(k) Announcement Signs and Bulletin Boards.
(1) Private Garages, and Accessory Buildings as provided in
Section 11 of this Ordinance.
SECTION 7. USE REGULATIONS FOR "B" DISTRICTS. (Multiple Resid nte
Within any "B" District, unless otherwise provided in this
Ordinance, no building or land shallbe used for other than one or
more of the uses herein specified as permissible in "A" Districts,
or for other than one or more of the following purposes:
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(a) Multi-family Dwellings.
(b) Fraternity or Sorority Houses.
(c ) Boarding or Lodging Houses, provided that there be no
conspicuous advertising signs .
(d) Private garages and accessory buildings under conditions
as specified in Section 11 of this Ordinance.
( e) Municipal, State or Federal Buildings.
(f ) Hospitals, clinics, sanitariums, dispensaries and charitable
institutions (except penal or correctional institutions ) .
SECTION 8. USE REGULATIONS FOR "C" DISTRICTS. (Local .Business
Within any "C" District no building or land shall be used for
other than one or more of the uses herein specified as permissible
in "B" Districts, or for retail store or trade shop where goods are
stored or displayed for sale, or services rendered, and where nothing
is fabricated, manufactured, converted or altered except for such
retail trade. A portion of any such store or shop may be arranged
and used as a dwelling.
SECTION 9. USE REGULATIONS FOR "D" DISTRICTS. (Business and
Light Industry).
Within any "D" District no building or land shall be used for
other than one or more of the uses herein specified as permissible
in ffCrr Districts, or for other than one or more of the following
purposes:
(a) Offices
(b) Financial institutions
(c) Amusement enterprises, such as dance halls, skating rinks
concert halls and theatres.
(d) Studios
( e) Fire stations andpublic convenience stations
(f) Gasoline filling stations
(g) Freight and passenger stations and station,-,grounds.
(h) Bus depots
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(i ) Telephone exchange
( 3 ) Hotels
(k) Telegraph offices
(1) Restaurants and lunch counters
(m) Printing shops
(n) Public Garages
(o ) Any light manufacturing or light industry which is carrie
on entirely within buildings, which is not noxious or offensive due
to the emission of odors, gas, smoke, dust or noise, which is not a .
menace to public health and safety, and which will not substantial)
or permanently injure the appropriate use of neighboring property.
(p) Fuel and building material or storage yards from which
sales are primarily retail.
SECTION 10. USE REGULATIONS FOR "E" DISTRICTS (Heavy Industry
Within any "E" District no building or land shall be used for
other than one or more of the uses herein specified as permissible
in "D" Districts, or for other than any trade, industry or purpose
which is not noxious or offensive due to the emission of odor, gas,
smoke, dust or noise, or which is not a menace to public health or
safety.
SECTION 11. GARAGES AND ACCESSORY BUILDINGS:
(a) In any "A" District a private garage is permitted in the
side or rear yard on the same lot with a dwelling, either as a
separate building or in a separate room within, or attached to the
dwelling, provided that space for not more than three (3) motor
vehicles is permitted on one lot. When wholly or partially within
the limits of the side yard and attached to or a separate room with
a principal building such garage shall be considered as a part of
such principal building and shall conform to all yard and space re-
quirements as specified in this Ordinance for principal buildings,
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When wholly or partially within the limits of a rear yard and attaOlLed
to or -a separate room within a principal building such garage, if
one (1) story in height may, extend into the rear yard the distance
its rear wall is beyond the rear wall of the principal building.
Space for three (3 ) or less motor vehicles may be leased to other
than residents on the premises.
(b) In any "B" District or any "C" District, private garages,
or accessory buildings are permitted under the regulations
prescribed for "A" Districts, except that for private garages a
spade for not more than ten (10) motor vehicles may- be provided,
and 'except that space -for not more than three (3 ) motor vehicles may
be leased to others than residents on the premises.
( c) In any "D" District or any "E" District, public_.or private
garages, or accessory buildings are permitted on any part
of the lot.
(d) No public garage providing storage capacity for more than
five ( 5) motor vehicles or in which motor vehicles are repaired for
compensation shall have an entrance or exit for motor vehicles with
in fifty -( 50) feet of any "A" District or any "B" District, or with
in one hundred (100) feet of the entrance or exit of any previously
existing public or private school, playground, public library,
church, hospital or childrens institutions.
(e) The following regulations and interpretations shall apply
to plaragrpahs (a) and (b) Section 11.
1. Each detached private garage or accessory building
shall be not less than two (2) feet from a party lot line or
alley line except that when any part of such building is withi
fifty (50) feet of any street or public place upon which the
lot abuts, such building shall be not less than six (6) feet
from any lot line which serves as the front portion of a side lot
line to any adjoining property.
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2. No detached garage or accessory building is permitted
within the limits of a front yard.
3. If any portion of a detached garage or other accessory
building is within a side yard of a principal building on the
same lot such accessory building shall not be nearer to the
side lot line than would be required for the building wall ofi .,
principal building on the same lot. In interpreting this regu-
lation each twelve (12 ) feet in height of the accessory build-
ing shall be considered a story.
4. Where a detached garage or other accessory building i
within a rear yard abutting on a lot line which serves as the
front portion of an adjacent lot,, such accessory building shall
be not nearer than four (4) feet to such adjacent lot line.
5. A detached garage may be erected across a common lot
line by mutual agreement of the adjoining lot owners.
6. Accessory buildings within a rear yard may not occupt
more than one-third (1/3) of such area.
7. No detached garage of accessory building may be place
in any rear yard or any side yard on a corner lot so that any
part of such building is nearer a street line than is permitte
for a wall of a principal building on the same lot.
SECTION 12. ADVERTISING SIGNS, POSTER AND BULLETIN BOARDS.
(a) In any "A" District, or any "B" District real estate sign
advertising for sale, rental or lease only, the premises, lots or
tracts on which they are located are permitted, provided such signs
shall be distant as far as possible from abutting property and at
least twenty-five (25) feet from any street line, or not more than
five (5) feet in front of any principal building which is set back
less than thirty (30) feet from the street line. The area in squar
feet of any such sign shall not exceed one-tenth (1/10) of the
continuous street frontage in feet of the lot or tract, except that
a sign not exceeding eight ( 8) square feet in area shall be per-
mitted in any case.
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(b) In any "A" District or any "B" District announcement sign
or bulletin boards are permitted, provided such signs or boards do
not exceed sixteen (16 ) square feet in area and are erected upon
the premises, of a charitable, religious or public institution for
its own use, and are not erected within twenty-five (25) feet of a
street line.
( a ) In any "C" District one (1) advertising sign not exceeding
twenty (20) square feet in area may be displayed on each local
business house in such district. The requirements of paragraphs (a
and (b) Section 12, shall apply to other signs or bulletin boards
erected in "C" Districts.
(d) In "D" and "E" Districts poster boards and advertising
signs are permitted where such boards and signs conform to the
Ordinance requirements of the City of Ames.
SECTION 13. NON-CONFORMING USES.
(a) The Lawful use of a building existing at the time of the
passage of this Ordinance, although such use does not conform to
the provisions hereof, may be continued, but if such non-conforming
use is discontinued, any future use of said premises shall be in
conformity with the provisions of this Ordinance.
(b) The lawful use of a building existing at the time of the
passage of this Ordinance, may be extended throughout the building,
provided such building was so arranged or designed for such non-
conforming use on the date this ordinance became effective.
(c) Nothing in this Ordinance shall prevent the reconstruction
of a non-conforming building destroyed by fire or other calamity
or prevent the continuance of the use of such building or part
thereof as such use existed at the time of such destruction; or
prevent a change of such existing use in accordance with the pro-
visions of this Section; provided that any reconstruction of such
building shall be begun within six (6) months after such destruc-
tion and shall be diligently prosecuted thereafter.
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(d) Nothing in this Ordinance shall prevent the restoration
of any wall or other portion of a building declared unsafe by an
authorized public official.
SECTION 14. FRONT YARDS:
(a) In any "A" District a front yard not less than twenty-
five k25) feet in depth is required on each lot.
(b) In any "B" District or any "C" District a front yard not
less than twenty (20) feet in depth is required on each lot.
( c ) No principal building on a lot shall be required to have
a front yard depth exceeding fifty (50) feet.
(d) No detached private garage or accessory building may
occupy any portion of a front yard in any "A" District, "B" District
or any "C" District.
(e ) The front yard depth for a church, school, library, muse ,
club, social center or community building, hospital or similar
institution erected or structurally altered in any "A" District
or any "B" District shall be thirty (30 ) percent in excess of those
specified in this Ordinance for principal buildings in such distric s.
(f ) The following exceptions and interpretations shall apply
to the provisions of Section 14, as noted.
(1) The front yard depth for a principal building within
seventy (70) feet (measured along the street line ) of any
portion of two (2 ) or more lots in the same block and which
lots are occupied by dwellings that front on the same street
as the proposed principal dwelling, shall be the average front
yard depth of such existing dwellings . In computing such
front yard depth existtng buildings with front yard depths
greater than fifty (50) feet shall be assumed to have a front
yard depth of fifty (50) feet.
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( 2) In any "A" District, any "B" District or any "C".
District, where the rear lot line of any corner lot forms the
front part of the side lot line of an adjacent lot, a building
on such adjacent lot shall not be required to have a front
yard depth of more than three-fourth (3/4 ) of the depth re-
quired by the provisions of this Ordinance for the remaining
lots fronting on the same street and in the same block; provided
that this reduced depth shall not be less than the required
side yard depth (on the street side ) of a principal building
on the corner lot.
(3) In any "A" District or any "B" District where a lot
adjoins a "D" District or an "E" District, the front yard
of such lot, for a distance of fifty ( 50) feet from the district
boundary line, shall not be required to have a depth of more
than one-half (1/2) the depth required by Section 14, for the
residence portion of the same block frontage, provided, how-
ever that the front yard depth of a building as determined by
this paragraph shall be not less than ten (10) feet in any
individual asase.
SECTION 15. REAR YARDS:
(a) In any "A" District, any "B" District or any "C" District,
a rear yard not less than twenty-five (25) feet in depth is re-
quired on an interior lot and twenty (20) feet on a corner lot.
(b) In any "D" District or any "E" District a rear yard not
less than twenty (20) feet in depth is required where any portion
of a principal building on such lot is used as a dwelling. An
additional two (2 ) feet in depth of rear yard is required for each
story above the second, any portion of which is used as a dwelling.
l9
(c) In any "D" District or any "E" District no rear yard is
required for a hotel or for a building not used as a dwelling which
is two (2) stories or less in height and which abuts on a rear alley
twelve (12) or more feet in width. Where the lot upon which such
building is located does not abut upon a rear alley twelve (12) or
more feet in width, a rear yard not less than ten (10) feet is re-
quired for buildings two (2 ) stories or less in height, which mini-
mum width shall be increased two (2 ) feet for each additional story
in height above two (2). Buildings more than two (2) stories in
height which abut on rear alleys twelve (12 ) or more feet in width
shall have rear yard requirements conforming to the provisions of
Paragraph (b ) of this Section.
(d) The following exceptions and interpretations shall apply
to the provisions of Section 15 as noted:
1. In computing the required depth of rear yards in para -
graphs (a) and (b) Section 15, one-half (2) of the width of an
alley in the rear of the lot shall be assumed to be a portion
of the rear yard.
2. Where a portion of a building included in paragraphs
(b) and (c ) Section 15, above the first floor is used as a
dwelling in a space not less than ten (10) feet in width shall
be provided above the highest story so occupied open and un-
obstructed for the whole width of the lot.
3. The provisions of Paragrpahs (b) and (c) Section 15,
rear yard requirements may be waived for buildings on through
lots extending from street to street where an equivalent open
space on the lot is provided in lieu of the minimum rear yard
required therein.
4. The provisions of paragraph (a) Section 15 shall be
construed to restrict the erection or structural alterations
of any principal or accessory building on a through lot so as
to place any principal wall of such building nearer the rear
lot line of the through lot than is permitted by this Ordinance
were such rear lot l ine considered as a front lot line.
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SECTION 16. SIDE YARDS:
(a) In any "A" or "B" District there shall be a side yard on
each side of each principal building. The side yard for a principal
building one (1) story in height shall be not less than four (4 )
feet in width, two (2) stories in height not less than six (6) feet
in width and for three (3) or more stories in height not less than
eight (8) feet in width. One (1) side yard may be omitted where
two (2) semi-detached louses, on adjacent lots, are built at the
same time with a common party wall, provided that the side yard of
each house opposite the common party wall shall be of a width fifty
per cent (50%) in excess of the minimum side yard widths specified
in this paragraph.
(b) In any "C" District, any "D" District or any "E" District
no side yards are required. Side yards if provided shall be not
less than five ( 5) feet in width.
(c) In any "A" District, any "B" District or any "C" District
on any corner lot no street wall of a principal building other than
its front wall shall be required to be further from the side street
than one-half (D of the distance that would be required by the
provisions of Section 14 were such side street line the front lot
line.
(d) The required minimum width of side yard for a church,
school, library, museum, club, social center or community building,
hospital or similar institution on an interior lot in any "A" Distr ct
or any "B" District shall be twenty (20 feet. For such buildings
on corner lots in "A" Districts and 'B" Districts the side yard
nearest the side street shall be not less than fifty per cent (50%)
in excess of the requirements specified in Section 16. for principal
buildings on such corner lots. The side yard adjacent to an interi r
lot for such buildings on corner lots shall be not less than twenty
(20) feet.
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SECTION 17, FENCES, WALLS AND VISION CLEARANCE:
(a) In any "A" District, any "B" District or any '"C" District
fences and walls not exceeding six (6 ) feet in height are permitted
within the limits of side and rear yards. A fence or wall not ex-
ceeding four (4) feet in height is permitted within the limits of
front yards. The portion of fences and walls over four (4) feet in
height shall be sixty-five per cent (65%) open. In the case of re-
twining walls supporting embankments the above requirements shall
apply only to that part of the wall above the ground surface of the
retained embankment.
(b) On any corner lot in any "A" District, any "B" District o
any '"C" District no fence, wall or other structure shall be erected
to a height of more than three (3) feet above the elevation of the
established curb grade at the intersection of the streets on that
part of any yard which is bounded by the street lines of the inter-
secting streets and a line connecting two (2) points on said street
lines twenty (20) feet from their point of intersection and no plant-
ing of foliage which will obstruct the view of drivers of vehicles
approaching the street intersection shall be placed or maintained
within such area.
SECTION 18. ENFORCING OFFICER:
The provisions of this Ordinance shall be enforced by the City
Manager. Appeal of any decision of the enforcing officer may be
made to the Board of Adjustment as provided in Section 19 of this
Ordinance.
SECTION 19. JOARD OF ADJUSTMENT :
(a) A Board of Adjustment is hereby established. Where the
word "Board" is used in this section it shall be construed to mean
the "Board of Adjustment". The Board shall consist of five (5)
22
members who shall be appointed by the Mayor, subject to confirmation
by the City Council. Each member shall be appointed for a term of
five (5) years. Any vacancy shall be filled in the same manner for
the unexpired portion of the term. In the event of the absence
from the City or the incapacity of a member, the Mayor may appoint
a substitute who shall serve as a member of the Board, with the sane
powers and authority as the regular member, until such regular mem-
ber has returned or has become capacitated for further service. Al
members shall serve without compensation.
(b) The City Clerk shall serve as the Secretary of the Board.
In the absence of the Secretary, the chairman of the Board may appo nt
one of the members of the Board to act as Secretary pro-tem for the
meeting. The Board shall have the power to call on any City Depart-
ment for assistance in the performance of its duties , and it shall
be the duty of such Department to render such assistance as may
reasonably be required.
(c ) The Board shall adopt, from time to time, subject to the
approval of the City Council, such rules and regulations as it may
deem necessary to carry into effect the provisions of this Ordinanc .
(d) The Board shall annually elect its own chairman at the
first meeting on or after April first of each fiscal year. Such
chairman, or in his absence, the acting chairman, may administer
oaths and compel the attendance of witnesses. There shall be a
fixed place of meeting and all meetings shall be open to the public
The presence of four (4 ) members shall be necessary to constitute a
quorum. The Secretary of the Board shall keep minutes of its pro-
ceedings, showing the vote of each member upon each question. If a
member is absent or fails to vote, the minutes shall indicate such
fact. The Board shall keep records of its examinations and other
official actions, which shall be on file in the office of the City
Clerk as a public record.
23
( e) Appeals to the Board may be taken by any person aggrieved,
or by any officer, Department, or Board of the City affected by any
decision of the enforcing officer. Such appeal shall be taken with-
in a reasonable time, as provided by the rules of the Board, by
filing with the Secretary of the Board a written notice of appeal
specifying the grounds thereof. The Secretary of the Board shall
give notice of such appeal to the enforcing officer who shall forth-
with transmit to the Board all papers constituting the record upon
which the action appealed from was taken. An appeal stays all pro
ceedings in furtherance of the action appealed from, unless the en-
forcing officer certifies to the Board after the notice of the
appeal shall have been filed with him, that by reason of facts state
in the certificate a stay would in his opinion cause imminent peril
to life or property. In such case proceedings shall not be stayed
otherwise than by a restraining order which may be granted by a
court of record on application on notice to the enforcing officer
and on due cause shown. The final disposition of any appeal shall
be in the form of a resolution either reversing, modifying or
affirming the decision or determination appealed from.
(f.) The Board of Adjustment in specificcases shall have the
following powers :
1. To hear and decide appeals where it is alleged there
is error in any order, requirement, decision or determination
made by the enforcing officer in the enforcement of the pro-
visions of this Ordinance.
2. To authorize upon appeal in the following specific
cases such variance from the terms of the Ordinance as will not
be contrary to the public interest, where, owing to special
conditions a literal enforcement of the provisions of the
Ordinance will result in unnecessary hardship, and so that
the spirit of the Ordinance shall be observed and substantial
justice done. However, nothing herein shall be construed as
giving the Board the right, power, or authority to change the
24
limits or extent of any district, or to grant permission for
the erection or use of any building or the use of any land
for a purpose which is specifically prohibited herein.
a. The erection and use of an accessory building on
lot in any "A" District or any "B" District before the
erection of a principal building on such lot as provided
herein; provided such use is temporary and for a period of
time not to exceed one (1) year.
b. The extension of an existing building or use into
a more restricted district immediately adjacent, under
such conditions as will safeguard the character of the
more restricted district, provided that such extension
shall not be permitted more than fifty (50) feet beyond
the boundary line of the district in which such building
or use is authorized.
c. The extension or enlargement of an existing use
located in a district restricted against such use, either
by the extension or enlargement of an existing building
or use of land, or by the erection of an additional build-
ing where such extension or enlargement is necessary in-
cident to the trade, business or industry existing on the
1st day of June, 1925, provided that such- extension or
enlargement will not prove detrimental to or tend to alter
the character of the neighborhood.
d. The erection of buildings or the use of land not
in accordance with the requirements of this Ordinance, in
the case of an undeveloped section of the City for a period
not to exceed one (1) year in any case, where such building
or usess are clearly incidental to and necessary for res-
idential development, or are temporary only and will not
tend to permanently alter the character of such section
or any adjoining or nearby section.
25
e. The erection and use of a building or the use of
land in any district by a public service corporation or
for public utility purposes, which the Board considers
reasonably necessary for the public convenience or welfare.
f. To permit any use in a district that is not specific-
ally prohibited in such district, and that is - in keeping
with and appropriate to the uses authorized in such dis-
trict by the provisions of this ordinance.
g. In specific cases upon appeal to permit a variance
in the literal interpretation and application of the
following specific provisions of the Ordinance.
1. Section 5 - General Regulations.
Paragraphs (g) and (i ) .
2. Section 11 - Garages and Accessory Buildings.
Paragraphs (a) to (e) inclusive.
3. Section 12 - Advertising Signs, Posters and
Bulletin Boards. Paragraphs (a, ) (b ) and (c) .
4. Section 14 - Front Yards. The minimum depth
requirements for front yards as specified in
Paragraphs (a), (b)., (e) and (f) of this Seeti n
may not be decreased in amount more than twenty-
five per cent (25%) in any individual case
upon appeal unless there is on file with the
Board the written consent of the owners of all
property abutting on the front yard of the lot
under consideration.
5. Section 15 - Rear Yards. The minimum require-
ments for rear yards as specified in Paragraph
(a), (b), (c ) and ( d) of this Section may not
be decreased in amount more than twenty-five
per cent (25%) in any individual case upon
appeal unless there is on file with the Board
the written consent of the owners of all pro-
perty abutting on the rear yard of the lot and r
donsideration.
6. Section 16 - Side Yards. The minimum require-
ments for side yards as specified in Paragraph
(a), (b) , (c ) and (d) in this Section may not
be decreased in amount more than twenty-five
per cent (25%) in any individual case upon
appeal unless there is on file with the Board
the written consent of the owners of all pro-
perty abutting on the side yard of the lot
under consideration.
7 . Section 17 - Fences Walls and Vision Clearance.
Paragraphs (a) and (b ) .
26
SECTION 20. BUILDING PERMITS AND APPLICATIONS THEREFOR:
(a) It shall be unlawful to comnence or to proceed with the
erection, construction, reconstruction, conversion, alteration, en-
largement, extension, raising or moving d' any building or structure .
or of any portion thereof, without first having applied in writing
to the City Manager for a building permit to do so.
(b ) Every application for a building permit shall be in writs g
and delivered to the Enforcing Officer, and shall be accompanied by
a detailed set of plans, in duplicate, showing the size of the pro-
posed building or structure, its location on the::lot, the materials
of which it is to be constructed and the details and type of con-
struction to be used. On the issuance of a permit one set of said
plans shall be retained by the Enforcing Officer as a permanent
record and one set shall be returned to the applicant. In case of
any building or structure to be located outside of the fire distric s,
the Enforcing Officer may, at his own discretion, permit the sub-
stitution of a written statement covering the essential information
required in place of said plans.
(c) Blank forms shall be provided by the Enforcing Officer
for the use of those applying for permits as provided for in this
Ordinance. Any permits issued by the Enforcing Officer shall be on
standard forms for such purpose and furnished by the City.
(d) A careful record of all such applications, plans, and
permits shall be kept in the office of the Enforcing Officer.
( e) The fees to be charged for building permits from and after
the passage of this Ordinance shall be as follows : .
For work costing $500 or less. . . . . . . . . . . . . . . . . . . . . . . . . .25
For work costing over 4500 but not over $1 000. . . . . . . . .50
For work costing over 1,000 but not over 2,500. . . . . . 1.00
For work costing over 2,500 but not over 5,000. . . . . . 2.00
For work costing over 5 000 but not over 10 000. . . . . 3.00
For work costing over 16,000 but not over 1t,000. . . . 5.00
For work costing over 15,000 but not cv er 125,000. . . * 7.00
For work costing over 5,000 but not over 50,000. . . . 9.00
For work costing over 500000. . . . . . . . . . . . . . . . . . . . . . . . . 12.00
27
(f) Any building permit, under which no construction work has
been commenced within six (6) months after the date of issue of
said permit, or under which the proposed construction has not been
completed within two (2 ) years of the date of issue shall expire
by limitation; and no work or operation shall take place under such
permit after such expiration. Upon payment of ten cents (10g) per
month on each one thousand dollars ($10000) of the construction
cost on which the original permit was issued, but not less than one
dollar $1.00) per month in any case, a building permit may be once
extended for a period not exceeding six (6) months by the Zoning
Enforcing Officer.
SECTION 21. INTERPRETATION AND PURPOSE:
In the interpretation and application, the provisions of this
Ordinance shall be held the minimum requirements, adopted for the
promotion of the public health, safety, comfort, convenience, and
general welfare. It is not intended by this Ordinance to repeal,
abrogate, annul or in any way to impair or interfere with any exist-
ing provisions of law or ordinance, or with any rule, regulation or
permit previously adopted or issued, or which shall be adopted or
issued pursuant to law, relating to the use of buildings or premise
nor is it intended by this Ordinance to interfere or to abrogate or
annul any agreement between parties; provided, however, that where
this Ordinance imposes a greater restriction upon the use of build-
ings or premises or upon the height of buildings, or requires large
yards, courts or other open spaces than are required by any such
existing provision of law or ordinance, or by any such rule, regula-
tion or permit, or by any such easement, covenant or agreement, the
provisions of this Ordinance shall govern.
SECTION 22. AMENDMENTS:
(a) The City Council may, from time to time, on its own initi -
tive, on petition or on recommendation by the City Plan Commission,
after public notice and hearings provided by Ordinance, and after a
report by the City Plan Commission or after thirty (30)days written
28
notice to said Commission, amend, supplement, or change the regula-
tions or districts herein or subsequently established.
(b) Whenever the owners of fifty per cent (50%) or more of
the area of the lots in any district or part thereof desire any
amendment, supplement or change in any of the provisions of this
Ordinance applicable to such area, they may file a petition with
the City Clerk requesting the City Council to make such amendment,
supplement or change. Such petition shall be accompanied by a
map or diagram showing the area affected by the proposed amendment
supplement or change, together with the boundaries of the said are
and the names and addresses of all the owners on record in the office
of the County Recorder of Story County, Iowa, of lots therein and
within a distance of two hundred (200) feet outside of the boundaries
of said area; and such petition shall immediately be transmitted
to the City Plan Commission for an investigation and report. The
City Plan Commission shall file its recommendations approving, dis-
approving or modifying the proposed amendment, supplement, or change
with the City Council within thirty (30 ) days thereafter.
(c) If a written protest against any proposed amendment,
supplement, or change shall have been presented to the City Council ,
signed by the owners of twenty per cent (20%) or more, either of
the area of the lots included in such proposed change, or of those
immediately adjacent in the rear thereof, extending the depth of ore
lot or not to exceed two hundred (200) feet therefrom, or of those
directly opposit thereto, extending the depth of one lot or not to
exceed two hundred (200) feet from the street frontage of such
opposite lots, such amendment shall not become effective, except
by the favorable vote of at least three-fourths (3/4 ) of all the
members of the City Council.
29
(d) 'Whenever a petition requesting an amendment, supplement,
or change of any regulation prescribed by this Ordinance has been
denied by the City Council such petition cannot be renewed for one
year thereafter unless it be signed by the owners of at least fifty
per cent (50%) of the property owners who previously objected to the
change; this provision, however, shall not prevent the City Council
from acting on its own initiative in anycase or at any time as
provided in this Section.
SECTION 23. VIOLATIONS AND PENALTIES:
Any person, firm, co-partnership, corporation, or other associa-
tion of persons, whether acting directly or through employees or
agents, that violates, disobeys, omits , neglects, refuses to comply
with, or resists the enforcement of any provisions of this Ordinance
shall be deemed guilty of a misdemeanor and upon conviction thereof
shall for each offense be fined a sum not exceeding one hundred
dollars (4100), or imprisonment in the City or County jail for a
term not to exceed thirty (30) days, or may be both fined and im-
prisoned. Each day that a violation is p ermitted to exist shall
be constituted a separate offense.
SECTION 24. VALIDITY:
Should any part or provision of this Ordinance be held by any
court of competent jurisdiction to be invalid, such decision shall
not affect the validity of the remainder of the Ordinance.
SECTION 25. CONFLICTING ORDINANCES;
That Ordinance No. 422 entitled "AnjOrdinance regulating size
of buildings and other structures; the size of yards, courts and
other open spaces; the density of population; the location and use
of buildings, structures, and land for trade, industry, residence
or other purposes, establishing the boundaries of districts deemed
nest suited to carry out the purpose of this Ordinance; requiring
the issuance of building permits before the erection, construction,
reconstruction, conversion, alteration, enlargement, extension,
T �
30
raising or moving of any building or structure; and providing
penalties for the violation of the same," adopted by the City
Council on the 7th day of July, 1930 be the same and is hereby
repealed, and all Ordinances or parts of Ordinances in conflict
with any of the provisions of this Ordinance shall give way to and
be superseded by this Ordinance.
SECTION 26, WHEN EFFECTIVE;
This Ordinance shall be in full force and effect from and
after its passage and publication as provided by law.
er city clerk Franka ne, Mayor
Passed this 13th day of March 1939 .
Published in Ames Daily Tribune March 23, 1939