HomeMy WebLinkAboutA002 - Recorded Copy of Ordinance No. 583 ORDINANCE NO. 58
AN ORDINANCE REGULATING THE SIZE OF BUILDINGS AND OTHER STRUCTURES,
THE SIZE OF YARDS, COURTS, AND OTHER OPEN SPACES, THE PORTION OR PER-
CENTAGE OF LOT THAT MAY BE OCCUPIED, THE DENSITY OF POPULATION,THE
LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, IN-
DUSTRY, RESIDENCE OR OTHER PURPOSES, ESTABLISHING THE BOUNDARIES
OF DISTRICTS DEEMED BEST SUITED TO CARRY OUT THE PROVISIONS OF THIS
ORDINANCE, REQUIRING THE ISSUANCE OF BUILDING PERMITS BEFORE THE
ERECTION, CONSTRUCTION, RECONSTRUCTION, CONVERSION, ALTERATION, EN-
LARGEMENT, EXTENSION, RAISING OR MOVING OF ANY BUILDING OR STRUC-
TURE, DEFINING CERTAIN TERMS, PROVIDING FOR A BOARD OF ADJUSTMENT,
PROVIDING FOR A MANNER OF AMENDMENT OF THIS ORDINANCE, REPEALING
ALL CONFLICTING ORDINANCES, AND PROVIDING PENALTY FOR A VIOLATION
OF ITS PROVISIONS.
Whereas, the City Council of the City of Alteration, structural: Any change in the
Ames, Iowa deems it necessary in order to supporting members of a building, such as bear-
lessen congestion in the streets; to secure ing walls, partitions, columns, beams, or girders.
safety from fire, panic and other dangers; to The enlargement of the size or height of a build-
promote health and general welfare; to provide ing shall be construed to be a structural altera-
adequate light and air; to avoid undue crowd- tion.
ing of population; to facilitate the adequate Attic: A space under a gable, hip or gamb-
,� .
schools, recreational facilities and other public provisions of transportation, water, sewage, rel, or other roof, the finished floor of which is,
requirements; to conserve the value of pro- or would be, at or entirely above the level of `
perty and encourage the most appropriate use the wall plates of at least two (2) exterior walls,
of land throughout the City in accordance and the height of which, from the floor level
with a comprehensive plan; to the highest point of the roof, does not exceed
ten (10) feet.
Now, Therefore, Be It Ordained by the City Basement: A "basement" is a story partly
Council of the City of Ames, Iowa-: underground but having at least one-half. (1/2)
of its height above the curb level, and also one-
Section 1. Short title: This ordinance shall half (1/�) of its height above the highest level
be known and may be cited and referred to as of the adjoining ground. A basement shall be
the "Zoning Ordinance" to the same effect as counted as a story under the provisions of this
if the full title were stated. ordinance.
Section 2. Definitions: For the purpose of. Block Frontage: The frontage of lots facing
interpreting this ordinance, certain words, the street under consideration which are com-
terms, and expressions are herein defined. Prised between two (2) adjacent streets or be-
Words used in the present tense include the tween a street and the adjacent corporation line.
future; the singular number includes the plural Boarding or Lodging House: A building,
and the plural includes the singular; the word
"building" includes the word "structure" and other than a hotel, fraternity house or sorority
the word "shall" is always mandatory. house, where meals are regularly served or lodg-
ing furnished for compensation to more than
Accessory Building: (See Building, Acees• five (5) persons not members of the family there
sory). residing.
Alley: A public thoroughfare not more than Building: A structure having a roof sup-
twenty (20) feet in width, for the use of ve- ported by columns or walls for shelter, support
hicles. or enclosure of persons, animals or chattels.
When separated by division walls from the in.g that is arranged, designed or intended to
ground up without openings, each portion of be occupied as the residence of butwo (2)
such structures shall be deemed a separate families or housekeeping units livin indepen-
building. dently of each other.
Building, Accessory: Any building which is Dwelling, Multi-Family: An apartment house
subordinate to the main building on the lot, not or dwelling used or intended to be used or
attached thereto and used for purposes custom- occupied as a. residence of three (3) or more
arily incidental to those of the main building. families or housekeeping units li i g inde-
Private garages are accessory buildings. pendently of each other.
Building, Height of: The perpendicular dis- Family: A group of individuals i ing and
tance measured in a straight line from the curb cooking together on the premises ai one (1)
level to the highest point of the roof beams in housekeeping unit, but a family shall not in-
the case of flat roofs, and to the average of the elude a group of more than five (5) n ividuals
height of the roof in the case of pitched roofs, not related by blood or marriage.
the measurement in all cases to be taken through
the center of the front of the house. Where Fraternity or Sorority House: A uilding,
a dwelling is situated on ground above the curb other than a hotel that is arranged; i t nded or
level such height shall be measured from the designed to be occupied as a residence f r a club
level of the adjoining ground, provided the of more than five (5) members they residing.
distance from the building to the street line is Garage, Private: An accessory b i ding or
not less than the height of adjoining ground. portion of a building in which one ( ) or more
above the curb level. Where a dwelling is on motor vehicles are housed, but in which no busi-
a corner lot and there is more than one grade ness service or industry connected with motor
or level, the measurements shall be taken from vehicles is carried on other than leasing of space
the main entrance elevation. as is permitted under the provisions ol Section
Building Line: A building set back line shall 1.1 of this Ordinance.
be a line as established under the provisions of Garage, Public: A building or portion of a
Section 5757, Code of Iowa, 1939. building in which motor vehicles are quipped
Building Wall: The wall of the principal for operation, repaired, stored or kept for re-
building forming a part of the main structure. muneration, hire or sale.
The foundation walls of unenclosed porches or Gasoline Station: A building or p r ion of a
piazzas, steps, walks and retaining wall or "in'- building used chiefly, in connection ivi h tanks,
lar structures shall not be considered as build- pumps and other appliances, for supplying motor
ing walls under the provisions of this Ordinance. vehicles with gasoline, oil, compressed air, water
Court: An open, unoccupied space on the and similar supplies, but not for the purpose of
same lot and fully enclosed on at least three (3) making repairs.
adjacent sides_ by walls of the building. An Hotel: A building occupied as tt e more or
outer court is any court facing for its full re- less temporary abiding place of indiv d ials who
quired width on a street, or on any other re- are lodged with or without meals and n which
quired open space not a court. there are more than twenty-five (2 ) sleeping
Cellar: A story having more than one-half rooms usually occupied independent) .
(1/�) of its height below the curb level, or be- Lodging House: (See Boarding Hue).
low the highest level of the adjoining ground.
A cellar shall not be considered as a story for Lot: A lot is a parcel of land un er one (11
the purposes of this Ordinance. ownership on which a principal building and
Curb Level: The mean level of the curb or its accessories are placed, together mith the re-
the established curb grade in front of the lot quired open spaces, having its fro t ge upon
one (1) or more streets or on an officially ap-
or building. proved place.
Dwelling, Single Family: A detached build- Lot, Corner: Lots conforming to the require-
ing arranged, designed or intended to be oc• ments of the following specified cond ti ns shall
cupied as the residence of a single family and be considered as corner lots under the provisions
having no party wall in common with an ad- of this ordinance:
jacent house or houses.
1. A lot fronting on two (2) intersecting
,
Dwelling, Two-Family: A detached build- streets which form an interior angplc of one
hundred and thirty-five degrees (135°) or less and place of any public hearing not less than
and which lot has a frontage of not less than fifteen (15) days prior to the date of said hear
25 feet on each of such streets. ing in one (1) newspaper of general circulation
2. A lot located at the angle in a street where in the municipality.
the interior angle formed by the intersection of Story: A story is that part of any building
the street lines is one hundred and thirty-five comprised between any floor and the floor or
degrees (135°) or less and which lot has a front- attic next above; the first story of a building is
age of not less than 25 feet on each leg of such the lowest story having at least one-half (1/2)
angle. of its height above the curb level and also one'
Lot Depth: The distance from the front line half (1/2) of its height above the highest level
to the rear lot line. In the case of a lot of ir- of adjoining ground.
regular shape, the mean depth shall be the lot Street, Public: A public thoroughfare more
depth. than twenty (20) feet in width.
Lot Width: The distance between the side Street Front: The street or public place upon
lot lines. In the case of a lot of irregular shape, which a plot abuts. If a plot abuts upon more
the mean width shall be the lot width. than one street or public place it shall mean the
Lot, Interior: An interior lot is any lot other street designated as the front street in the own-
than a corner lot. er's application for a building permit.
Lot, Through: A lot running through the Street Line: The dividing line between a lot
block from street to street. and a public street, alley or place.
Lot Line, Front: In the case of an interior Street Wall: The wall of the building near-
lot, abutting on only one street, the front lot est the street under consideration.
line is the street line of such street. In the case Structural Alteration: (See Alteration Strue-
of any other lot, it may be such street line as tural).
is elected by the owner to be the "front lot
r line" for the purpose of this ordinance, provid- Yard Front: The required space, unobstruct-
ed that the principal entrance to such building ed to the sky, open for the whole width of the
shall be on the street so selected. lot extending from,the nearest part of any build-
ing on the lot to the front lot line excluding
Lot Line, Rear: That boundary line which is cornices, eaves, gutters or chimneys projecting
opposite and most distant from the front line. not more than thirty (30) inches,steps,bay win-
Lot Line, Side: Any boundary line not a dows or similar features not extending through
front lot line or a rear lot line. more than one story and which do not aggregate
more than one-third (1/3) of the width of the
Non-conforming Use: A use that does not frontage of the building, and vestibules not
comply with the regulations of the district in more than one story in height and extending
which it is situated. more than three (3) feet beyond the front wall
Off icial Map: The official map shall be that of the principal building, one story open porches
map on file in the office of the City Clerk of eight (8) or less feet in width.
the City of Ames and all references hereafter Yard, Rear: The required open space, un-
to said official map shall mean the map just obstructed to the sky, extending along the rear
referred to. Said map by this reference thereto lot line (not a street line) throughout the whole
being made a part of this ordinance. width of the lot to the rear of the principal
Place, Public: An open or unoccupied public building, excluding cornices, eaves, gutters,
space more than twenty (20) feet in width which chimneys projecting not more than thirty (30)
is permanently reserved for the purpose of inches, uncovered steps, open porches, not more
access to abutting property. than one story in height and eight (8) feet i'ii
width and accessory buildings.
Porch, Open: A roofed structure, open on
two (2) or more sides, projecting from the front, Ward, Side: The required open space,side or rear wall of the building. An open porch obstructed to the sky, extending along the side
de
lot line from the front yard to the rear yard,
may be enclosed by removable storm windows
for periods not exceeding seven months in any excluding cornices, eaves, gutters, chimneys, bay
twelve months period. windows, and open porches not exceeding three
(3) feet in width, or similar features extending
Public Notice: The publication of the time not more than one story in height which pro-
ject into the side yard but are thirty (30) inches per family be reduced in any mann r except
or more from the adjacent lot line. in conformity with the area regulati n herein
established for the district in which s ic i build-
Section 3. Districts ing is located.
(a) For the purpose of this ordinance the (e) The depths of front or rear ya As and
City of Ames, Iowa is hereby divided into five the width of side yards shall in all cases be
(5) classes of districts, as follows: measured from the lot line to the nea e t point
"A" Districts—(Residence) of the adjacent building wall of the building
"B" Districts—(Multiple Residence) under consideration, except in such ca3es where
"C" Districts—(Local Business) building lines as provided by Section 757 of
"D" Districts—(Business and. Light Indus- the Code of Iowa, 1939, have been established
try) and in such event the depth of yards shall be
"E" Districts—(Heavy Industry) measured from said building line.
(b) The various districts and their bound- (f) No lot shall hereafter be so r d iced in
aries are hereby established as shown on the area that any required yard, court or other
official Zoning Map of the City of Ames and open space will be smaller than is jr(scribed
which, with all its designations, is hereby de- in this ordinance for the district in h ch it is
clared to be a part of this ordinance. located.
Section 4. District Boundaries. The bound- (g) Not more than two (2) dwellings are
aries of the various districts established by this permitted on any lot, tract, or parcel A land
ordinance are street lines, alley lines, property until the same has been subdivided i accord-
lines, lot lines, or other lines shown on the of- ance with Chap ter 321 of the Code of I wa.
ficial Zoning Map. Where boundaries.are ap- (h) No building in the rear of any prin-
proximately indicated as property or lot lines, cipal building on the same interior lot shall
the true locations of such lines shall be taken be used for residence purposes.
as the boundary lines. Where the distance to (i) Each lot upon which a dwelling is to
any boundary line from a street line, property be erected or enlarged shall provide of area
Line or lot line, is indicated by the official Zon- per family not less than those specie here-
ing Map, such measurement shall control. here-
after:
Section 5. General regulations: One family dwellings, 3,000 sq. ft. p r family.
Dwelling of two families, 2,000 sq. ft. per
(a) Except as hereinafter provided, no family.
building or part thereof shall be erected, con- Three or more family dwellings, 1, 00 sq. ft.
structed, reconstructed, converted, altered, en- per family.
larged, extended, raised, moved or used, and The above requirements shall not apply to
no land shall be used except in conformity hotels.
with the regulations herein prescribed for the n building district in which such building or land may be (j) Any portion of a b g whieb is cov-
situated and until a building permit has been ered by a roof and which is enclosed on three
issued by the Zoning Enforcing Officer as pro- (3) or more sides shall be considered a a part
vided herein. of the building.
(b) Unless otherwise specified, no use shall (k) The owner of a corner lot ma elect to
be permitted in any district which is prohibited front the principal building on such lot on
in any less restricted district, and unless other- either of the two streets upon which t corner
wise provided, no use permitted in a more re- lot abuts, provided that the principal entrance
stricted district shall be prohibited in a less to such building shall open on the street so
restricted district. selected. Where any such election A mani-
festly contrary to the established clif r cter or
(c) The principal building on a lot shall welfare of the neighborhood, the enf r ing of-
front on a street or a public place. fiver shall thereupon refer the case to h Board
(d) No yard, or other open space provided of. Adjustment, herein established, for a de-
about any building for the purpose of comply- cision, as provided in Section 19 of tiis ordin-
ing with the provisions of this ordinance shall ance.
be considered as providing a yard or open space (1) No permit shall be issued for dwell-
for any other building, nor shall the lot area ing in a residence district if the lot ul oil which
said dwelling is to be erected has less than a (e) Farms, truck gardens, orchards, and
front yard width of 40 feet. wood lots.
Section 6. Use regulations for "A" dis- (f) Horticultural nurseries and greenhouses
tricts. (Residence). Within any "A" District, for the propogation of plants only, provided
unless otherwise provided in this ordinance, there is no display of advertising or of plants
no building or land shall be used for other than other than growth, and provided further that
one or more of the following purposes: before a permit is issued for such use by the
zoning enforcing officer, he shall have on file
(a) Single or two family dwellings: Nothing in his office the written consent of the owners
herein shall prevent the serving of meals to of ninety percent (90%) of all of the privately
five (5) or less persons not members of the fam- owned land within three hundred (300) feet
ily there residing or the renting of rooms to of any part of the premises to be occupied by
five (5) or less persons or both, provided there such use.
is no display of advertising. Not more than
two (2) families may occupy one (1) principal (g) Real estate signs advertising for sale,
building on a lot in an "A" District. rental or lease only the premises, lots or tracts
on which they are located as provided in Sec-
(b) Offices or studios of professional per- tion 12 of this ordinance.
sons, or space for home occupations not involv-
ing in any case the conduct of a business on (h) Announcement Signs and Bulletin
the premises, provided that any such activity boards.
may only be carried on in the building which (i) Private Garages, and Accessory Build-
is used as the private dwelling of the proprietor, ings as provided in Section 11 of this ordinance.
provided further that any such activity shall
not occupy more than fifty percent (507c) of Section 7. Use regulations for"B" districts.
the floor area of one (1) story of such build- (Multiple Residence). Within any "B" Dis-
ing, provided further that not more than one trict, unless otherwise provided in this ordin-
(1) person not a member of the family there ance, no building or land shall be used for
-residing shall be regularly employed in addi- other than one or more of the uses herein speci-
tion to the proprietor, provided further that fled as permissible in "A" Districts, or for
there shall be no display of goods and no ad-
vertising on the premises other than a small other than one or more of the following pur•
sign not to exceed one (1) square foot in area poses:
and carrying only the name and occupation of (a) Multi-family Dwelling.
any occupant of the premises, provided further
that the building or premises occupied shall (b) Fraternity or Sorority Houses.
not thus be rendered objectionable or detri- (c) Boarding or Lodging Houses, provided
mental to the residential character of the neigh- that there be no conspicuous advertising signs.
borhood due to the exterior appearance, the
emission of odor, gas, smoke, dust, noise or (d) Private garages and accessory buildings
in any other way, and provided further that tender conditions as specified in Section 11 of
any such building shall include no features this ordinance.
of design not customary in buildings for resi- (e) Municipal, State or Federal Buildings.
dential use.
(c) Churches, schools, elementary and high, (f) Hospitals, clinics, sanitariums, dispens-
public libraries or public museums,clubs lodges, aries and charitable institutions (except penal
or correctional institutions).
or social or community-center buildings, ex-
cepting those, a chief function of which is a
service or activity conducted or customarily Section 8. Use regulations for"C" Districts.
conducted for gain, provided, further, that be- (Local Business). Within any "C" District no
fore a permit is issued for such use by the zon- building or land shall be used for other than
ing enforcing officer, he shall have on file in one or more of the uses herein specified as
his office the written consent of the owners of permissible in "B" Districts or for other than
75% of all the privately owned land within one or more of the following purposes:
300 feet of any part of the premises to be oc- (a) Milk processing plants, provided, such
eupied by such use. plants are located on a tract of land of not
(d) Playgrounds or parks not conducted as less than two (2) acres devoted exclusively to
a business. such use; provided, further, that such plant
be free from objectionable odors, smoke, or specified as permissible in "D" Di t icts, or
noise. for other than any trade, industry o purpose
(b) A retail store or trade shop where which is not noxious or offensive due to the
goods are stored or displayed for sale or ser- emission of odor, gas, smoke, dust or noise, or
vices rendered, and where nothing is fabricat- which is not a menace to public health or
ed, manufactured, converted, or altered, except safety.
for such retail trade. A portion of any store Section 11. Garages and accessory bu ldings:
or shop may be arranged and used as a dwell-
ing. (a) In any "A" District a private garage
is permitted in the side or rear ya d on the
Section 9. Use regulations for"D"Districts. same lot with a dwelling, either as a separate
(Business and Light Industry). Within any building or in a separate room within or at-
"D" District no building or land shall be used tached to the dwelling, provided t a, space
for other than one or more of the uses herein for not more than three (3) motor Nehicles is
specified as permissible in "C" Districts, or permitted on one lot. When wholly r par-
for other than one or more of the following tially within the limits of the side yard and
purposes: attached to or a separate room wit 1 a prin-
(a) Offices. cipal building such garage shall be considered
as a part of such principal building and shall
(b) Financial institutions. conform to all yard and space requir ents as
(e) Amusement enterprises, such as dance specified in this ordinance for princi a build-
halls, skating rinks, concert halls and theatres. build-
ings. When wholly or partially it in the
limits of a rear yard and attached to or a sepa-
(d) Studios rate room within a principal buildingsuch gar-
age, if one (1) story in height, may extend
(e) Fire stations and public convenience into the rear yard the distance its rear wall
stations. is beyond the rear wall of the principal build-
(f) Gasoline filling stations. ing. Space for three (3) or less motor ehicles ,
may be leased to other than residents on the
(g) Freight and passenger stations and sta- premises.
tions grounds. (b) In any "B" District or any ` Dis-
(h) Bus depots trict, private garages, or accessory buildings
(i) Telephone exchange. are permitted under the regulations proscribed
for :4 Districts, except that for pr v to gar-
(j) Hotels. ages a space for not more than ten (10i motor
vehicles may be provided, and except that
(k) Telegraph offices. space for not more than three (3) motor ve-
(1) Restaurants and lunch counters. hicles may be leased to others than residents
on the premises.
(m) Printing shops. (c) In any "D" District or any " Dis-
(n) Public Garages. trict, public or private garages, or a cessory
(o) Any light manufacturing or light in-
buildings are permitted on any part of the lot.
dustry which is carried on entirely within (d) No public garage providing storage
buildings, which is not noxious or offensive due capacity for more than five (5) motor vehicles
to the emission of odors, gas, smoke, dust or or in which motor vehicles are repaired for
noise, which is not a menace to public health compensation shall have an entrance or exit
and safety, and which will not substantially for motor vehicles within fifty (50) feet of
or permanently injure the appropriate use of any "A" District or any "B" District or with-
neighboring property. in one hundred (100) feet of the entrance or
exit of any previously existing public or pri-
(p) Fuel and building material on storage vate school, playground, public library, church,
yards from which sales are primarily retail. hospital or childrens institutions.
Section 10. Use regulations for "E" Dis- (e) The following regulations and i terpre-
tricts. (Heavy Industry). Within any "E" tations shall apply to paragraphs (aand (b)
District no building or land shall be used for Section 11:
other than one or more of the uses herein 1. Each detached private garage or acces-
sory building shall be not less than two (2) use, and are not erected within twenty-fivN
feet from a party lot line or alley line except (25) feet of a street line.
that when any part of such building is within (c) In any "C" District one (1) advertising
fifty (50) feet of any street or public place sign not exceeding twenty (20) square feet in
upon which the lot abuts such building shall be area may be displayed on each local business
not less than six (6) feet from any lot line house in such district. The requirements of
which serves as the front portion of a side lot paragraphs (a) and (b) Section 12, shall apply
line to any adjoining property. to other signs or bulletin boards erected in
2. No detached garage or accessory build- "C" Districts.
ing is permitted within the limits of a front (d) In "D" and "E" Districts poster boards
yard. and advertising signs are permitted where such
3. If any portion of a detached garage or boards and signs conform to the ordinance re-
other accessory building is within a side yard quirements of the City of Ames.
of a principal building on the same lot such
accessory building shall not be nearer to the, Section 13. Non-conforming uses.
side lot line than would be required for the (a) The lawful use of a building existing at
building wall of a principal building on the the time of the passage of this ordinance, al-
same lot. In interpreting this regulation each though such use does not conform to the pro-
twelve (12) feet in height of the accessory visions hereof, may be continued, but if such
Building shall be considered a story. non-conforming use is discontinued, any future
4. A detached garage may be erected across use of said premises shall be in conformity with
a common lot line by mutual agreement of the provisions of this ordinance.
the adjoining lot owners. (b) The lawful use of a building existing at
5. Accessory buildings within a rear yard the time of the passage of this ordinance, may
may not occupy more than one-third (1/3) of be extended throughout the building, provided
such area. such building was so arranged or designed for
such non-conforming use on the date this ordin-
6. No detached garage or accessory build- ante became effective.
ing may be placed in any rear yard or any side
yard so that any part of such building it near- (c) Nothing in this ordinance shall prevent
er a street line than is permitted for a wall the reconstruction of a non-conforming build-
of a principal building on the same lot. ing destroyed by fire or other calamity or pre-
vent the continuance of the use of such build-
Section 12. Advertising signs, poster and ing or part thereof as such use existed at the
bulletin boards. time of such destruction; or prevent a change
of such existing use in accordance with the pro-
(a) In any "A" District, or any "B" Dis- visions of this section; provided that any re-
trict real estate signs advertising for sale, construction of such building shall be begun
rental or lease only, the premises, lots or tracts within six (6) months after such destruction
on which they are located are permitted, pro- and shall. be diligently prosecuted thereafter.
vided such signs shall be distant as far as pos-
sible from abutting property and at least twen- (d) Nothing in this ordinance shall prevent;
ty-five (25) feet from any street line, or not the restoration of, any wall or other portion
more than five (5) feet in front of any prin- of a building declared unsafe by an authorized
cipal building which is set back less than thirty public official.
(30) feet from the street line. The area in
square feet of any such sign shall not exceed Section 14. Front yards:
one-tenth (1/10) of the continuous street front- (a) In any "A" District a front yard not
age in feet of the lot or tract, except that a less than twenty-five (25) feet in depth is re-
sign not exceeding eight (8) square feet in yuired on each lot.
area shall be permitted in any case.
(b) In any "B" District or any "C" Dis-
(b) In any "A" District or any "B" Dis-
t trict a front yard not less than twenty (20)
rict announcement signs or bulletin boards
are permitted, provided such signs or boards feet in depth is required on each lot.
do-not exceed sixteen (16) square feet in area (c) No principal building on a lot shall be
and are erected upon the premises of a charit- required to have a front yard depth exceeding
able, religious or public institution for its own fifty (50) feet.
(d) No detached private garage or acces- Section 15. Rear yards:
sory building may occupy any portion of a
front yard in any "A" District "B" District (a) In any "A" District, any "B ' District
or any District. or any "C" District, a rear yard not 1 ss than
twenty-five(25) feet in depth is requ r d on an
(e) The front yard depth for a church, interior lot and twenty (20) feet On corner
school, library, museum, club, social center or lot.
community building, hospital or similar insti- (b) In any "D" District or any " " Dis-
tution erected or structurally altered in any trict a rear yard not less than tw n y (20)
"A" District or any "B" District shall be feet in depth is required where any o tion of
thirty (30) per cent in excess of those specified' a principal building on such lot is is d as a
in this ordinance for principal buildings in dwelling. An additional two (2) fee ia depth
such districts. of rear yard is required for each st r above
(f) The following exceptions and interpreta- the second, any portion of which is ued as a
tions shall apply to the provisions of Section dwelling.
14, as noted: (c) In any "D" District or any " Dis-
1. The front yard depth for a principal trict no rear yard is required for a h t 1 or for
building located on a lot within seventy (70) a building not used as a dwelling wMcli is two
feet measured along the street line from the (2) stories or less in height and w is abuts
nearest corner of the lot under consideration, on a rear alley twelve (12) or mo e feet in
to any portion of two (2) or more lots in the width. Where the lot upon which such build-
same block and which lots are occupied by ing is located does not abut upon a rear alley
dwellings that front on the same street as the twelve (12) or more feet in width, a rear yard
proposed principal dwelling, shall be the aver- not less than ten (10) feet is required f r build-
age front yard depth of such existing dwell- ings two (2) stories or less in heig t which
ings. In computing such front yard depth minimum width shall be increased tw 2) feet
,existing buildings with front yard depths for each additional story in height b ve two
greater than fifty (50) feet shall be assumed (2). Buildings more than two (2) Stories in
to have a front yard depth of fifty (50) feet, height which abut on rear alleys tw 1 e (12)
and a building with a front yard depth less or more feet in width shall have rear yard
than twenty-five (25) feet shall be assumed to requirements conforming to the provisions of
have a depth.of twenty-five (25) feet. Paragraph (b) of this Section.
2. In any "A" District, any "B" District (d) The following exceptions and i terpre•
or any "C" District, where the rear lot line tations shall apply to the provisions of Section
of any corner lot forms the front part of the 15 as noted:
side lot line of an adjacent lot, a building on 1. In computing the required dep h of rear
such adjacent lot shall not be required to have yards in paragraphs (a) and (b) S e ion 15,
a front yard depth of more than three-fourths one-half.(1/2) of the width of an alley in the
(3/4) of the depth required by the provisions rear of the lot shall be assumed to be a por-
of this ordinance for a lot fronting.on the same tion of the rear yard.
street and in the same block; provided that this 2 Where
reduced depth shall not be less than the re- portion of a building included
quired side yard depth (on the street side) of i . a n paragraphs (b) and (c) Section 15, above
a principal building on the corner lot. the first floor is used as a dwelling a space not
less than ten (10) feet in width shall be pro-
3. In any "A" District or any "B" Dis- vided above the highest story so occu i d open
trict where a lot adjoins a "D" District or and unobstructed for the whole width of the
an "E" District, the front yard of such lot, lot, and on irregular lots an equivalent area
for a distance of fifty (50) feet from the dis- is to be so provided.
trict boundary line, shall not be required to 3. The provisions of paragraphs and
have a depth of more than one-half (1/2) the ( )
(c) Section 15, rear yard requi p remen s ay be
depth required by Section 14, for the residence waived for buildings on through lots extend-
portion of the same block frontage, provided, ing from street to street where an equivalent
however, that the front yard depth of a build- on the lot is ace open s
ing as determined by this paragraph shall be p p provided i lieu of
the minimum rear yard required therein.
not less than ten (10) feet in any individual
case. 4. The provisions of paragraph (a) Section
15 shall be construed to restrict the erection ceeding six (6) feet in height are permitted
or structural alterations of any principal or within the limits of side and rear yards. A
accessory building on a through lot so as to fence or wall not exceeding four (4) feet in
place any principal wall of such building near- height is permitted within the limits of front
er the rear lot line of the through lot than is yards. The portion of fences and walls over
permitted by this ordinance were such rear lot four (4) feet in height shall be sixty-five per-
line considered as a front lot line. cent (6517o) open. In the case of retaining
walls supporting embankments the above re-
Section 16. Side yards: quirements shall apply only to that part of
(a) In any "A" or "B" District there shall the wall above the ground surface of the re-
be a side yard on each side of each principal
tained embankment.
building. The side yard for a principal build- (b) On any corner lot in any "A" District,
ing one (1) story in height shall be not less any "B" District or any "C" District no fence,
than four (4) feet in width, two (2) stories wall or other structure shall be erected to a
in height not less than six (6) feet in width and height of more than three (3) feet above the
for three (3) or more stories in height not less elevation of the established curb grade at the
than eight (8) feet in width. One (1) side intersection of the streets on that part of any'
yard may be omitted where two (2) semi- yard which is bounded by the street lines of
detached houses, on adjacent lots, are built at the intersecting streets and a line connecting
the same time with a common party wall, pro- two (2) points on said street lines twenty (20)
vided that the side yard of each house op- feet from their point of intersection and no
posite the common party wall shall be of a planting of foliage which will obstruct the view
width fifty per cent (507c) in excess of the of drivers of vehicles approaching the street
minimum side yard widths specified in this intersection shall be placed or maintained with-
paragraph. in such area.
(b) In any "C" District, any "D" District Section 18. Enforcing officer. The provi-
or any "E" District no side yards are requir- sions of this ordinance shall be enforced by the
ed. Side yards if provided shall be not less City Manager. Appeal of any decision of the
than five (5) feet in width. enforcing officer may be made to the Board
(c) In any "A" District, any "B" District of Adjustment as provided in Section 19 of
or any "C" District on any corner lot no street this ordinance.
wall of a principal building other than its
front wall shall be required to be further from Section 19. Board of adjustment:
the side street than one-half (1/2) of the dis
tance that would be required by the provisions (a) A Board of Adjustment is hereby estab-
of Section 14 were such side street line the fished. Where the word "Board" is used in
front lot line. this section it shall be construed to mean the
"Board of Adjustment." The Board shall con-
(d) The required minimum width of side sist of five (5) members appointed by the
yard for a church, school, library, museum, Mayor, subject to confirmation by the City
club, social center or community building, hos- Council, and shall be appointed for terms of
pital or similar institution on an interior lot 1, 2, 3, 4 and 5 years respectively. At the ex-
in any "A" District or any "B" District shall piration of the term of office of any board
be twenty (20) feet. For such buildings on member, his successor shall be appointed for
corner lots in "A" Districts and "B" Districts a term of five years. Any vacancy shall be
the side yard nearest the side street shall be filled in the same manner for the unexpired
not less than fifty per cent (50%) in excess of portion of the term. In the event of the ab-
the requirements specified in Section 16 for sence from the City or the incapacity of a mem-
principal buildings on such corner lots. The ber, the Mayor may appoint a substitute who
side yard adjacent to an interior lot for such shall serve as a member of the Board, with the
buildings on corner lots shall be not less than same powers and authority as the regular mem-
twenty (20) feet. ber, until such regular member has returned or
has become capacitated for further service. All
Section 17. Fences, walls and vision clear• in.embers shall serve without compensation.
ance: (b) The City Clerk shall serve as the Secre-
(a) In any "A" District, any "B" District, tary of the Board. In the absence of the Secre-
or any "C" District fences and walls not ex- tary, the chairman of the Board may appoint
one of the members of the Board to act ,as (f) The Board of Adjustment i pecifie
Secretary pro tem for the meeting. The Board cases shall have the following powers
shall have the power to call on any City Depart- 1. To hear and decide appeals wl ere it is
ment for assistance in the performance of its alleged there is error in any order, require-
duties, and it shall be the duty of such depart- ment, decision or determination mad by the
ment to render such assistance as may reason-
ably be required. enforcing officer in the enforcemen of the
provisions of this ordinance.
(c) The Board shall adopt, from time to
time, subject to the approval of the City Coun- 2. To authorize upon appeal in the ollow-
cil, such rules and regulations as it may deem ing specific cases such variance from the terms
necessary to carry into effect the provisions of the ordinance as will not be contrary to the
of this ordinance. public interest, where, owing to special condi-
tions a literal enforcement of the provisions of
(d) The Board shall annually elect its own the ordinance will result in unnecess r hard-
chairman at the first meeting on or after April ship, and so that the spirit of the r inance
first of each fiscal year. Such chairman, or in shall be observed and substantial jus is done.
his absence, the acting chairman, may admin- However, nothing herein shall be construed as
ister oaths and compel the attendance of wit- giving the Board the right, power, or authority
nesses. There shall be a fixed place of meet- to change the limits or extent of any district,
ing and all meetings shall be open to the pub- or to grant permission for the erection or use
lic. The presence of four (4) members shall of any building or the use of any land for a
be necessary to constitute a quorum. The Sec- purpose which is specifically prohibited herein.
retary of the: Board shall keep minutes of its
proceedings, showing the vote of each member The erection and use of any c essory
upon each question. B District before the erection If a member is absent or building a lot in any " e ction o Distri t or any
fails to vote, the minutes shall indicate such prin-
fact. The Board shall keep records of its ex- cipal building on such lot as provide erein;
amination and other official actions, which Provided such use is temporary and for a per-
shall be on file in the office of the City Clerk iod of time not to exceed one (1) yea .
as a public record. (b) The extension of an existing building
(e) Appeals to the Board may be taken by or use into a more restricted district i ediate-
any person aggrieved, or by any officer, De- ly adjacent, under such conditions as w 11 safe-
partment, or Board of the City affected by any guard the character of the more restricted dis-
decision of the enforcing officer. Such appeal trict, provided that such extension shall not
shall be taken within a reasonable time, as be permitted more than fifty (50) fe t beyond
provided by the rules of the Board, by filing the boundary line of the district in w i h such
with the Secretary of the Board a written building or use is authorized.
notice of appeal specifying the grounds thereof. (c) The extension or enlargeme t of an
The Secretary of the Board shall give notice existing use located in a district e trieted
of such appeal to the enforcing officer who against such use, either by the ext n ion or
shall forthwith transmit to the Board all papers enlargement of an existing building r use of
constituting the record upon which the action land, or by the erection of an additional build
appealed from was taken. An appeat stays all ing where such extension or enlargement is
.proceedings in furtherance of the action ap- necessary incident to the trade, bu i ess or
pealed from, unless the enforcing officer certi- industry existing on the 1st day of Jim?, 1925,
fies to the Board after the notice of the appeal provided that such extension or enlargement
shall have been filed with him, that by reason will not prove detrimental to or tend 17o alter
of facts stated in the certificate a stay would the character of the neighborhood.
in his opinion cause imminent peril to life or
property. In such case proceedings shall not (d) The erection of buildings o he use
be stayed otherwise than by a restraining order of land not in accordance with the req i ements
which may be granted by a court of record on of this ordinance, in the case of an un e Veloped
application on notice to the enforcing officer section of the City for a period not o exceed
and on due cause shown. The final disposition one (1) year in any case, where such wilding
of any appeal shall be in the form of a resolu- or uses are clearly incidental to and iceessary
tion either reversing, modifying or affirming for residential development, or are t2nLporary
the decision or determination appealed from. only and will not tend to permanently alter the
character of such section or any adjoining or of all property abutting on the side yard of
nearby section. the lot under consideration.
(e) The erection and use of a building or 7• Section 17—Fences, walls and vision
the use of land in any district by a public ser- clearance. Paragraphs (a) and (b).
vice corporation or for public utility purposes,
which the Board considers reasonably neces- Section 20. Building permits and applica-
sary for the public convenience or welfare. tions therefor:
(f) To permit any use in a district that is (a) It shall be unlawful to commence or to
not specifically prohibited in such district, and proceed with the erection, construction, recon-
that is in keeping with and appropriate to the struction, conversion, alteration, enlargement,
uses authorized in such district by the provi- extension, raising or moving of any building
sions of this ordinance. or structures, or of any portion thereof, with-
out first having applied in writing to the City
(g) In specific cases upon appeal to permit a. Manager for a building permit to do so.
variance in the literal interpretation and ap-
plication of the following specified provisions (b) Every application for a building per-
of the ordinance: mit shall be in writing and delivered to the
Enforcing Officer, and shall be accompanied
1. Section. 5—General Regulations, Para- by a detailed set of plans, in duplicate, show-
graphs (g) (k) and (i). ing the size of the proposed building or struc-
2. Section 11—Garages and Accessory Build- ture, its location on the lot, the materials of
ings, Paragraphs (a) to (e) inclusive. which it is to be constructed and the details
and type of construction to be used. On the
3. Section 12—Advertising Signs, Posters issuance of a permit one set of said plans shall
and Bulletin Boards, Paragraphs (a), (b) and be retained by the Enforcing Officer as a per-
(c). manent record and one set shall be returned
4. Section 14—Front Yards. The minimum to the applicant. In case of any building or
d- structure to be located outside the fire dis-
depth requirements for front yards as spefied in Paragraphs (a), (b), (e) and (f) of tricts, the Enforcing Officer may, at his own
discretion, permit the substitution of a written
this Section may not be decreased in amount statement covering the essential information
more than twenty-five percent (251yo) in any required in place of said plans.
individual case upon appeal unless there is on
file with the Board the written consent of the (c) Blank forms shall be provided by the
owners of all contigous property within a dis- Enforcing Officer for the use of those applying
tance of 100 feet from the nearest lot line of for permits as provided for in this ordinance.
the lot in question, and provided further that Any permits issued by the Enforcing Officer
in no event shall the Board decrease the re- shall be on standard forms for such purpose
quired minimum front yard depth by more and furnished by the City.
than 50%.
(d) A careful record of all such applications,
5. Section 15—Rear yards. The minimum plans, and permits shall be kept in the office
requirements for rear yards as specified in of the Enforcing Officer.
Paragraphs (a), (b), (c) and (d) of this sec-
tion may not be decreased in amount more than (e) The fees after
r charged for building per-
twenty-five per cent ((25%) in any individual anc from and after the passage of this ordin-
case upon appeal unless there is on file with For shall o as follows
the Board the written consent of the owners For work costing.over
or less $ 25
of all property abutting on the rear yard of For work costing over $500 but not over
the lot under consideration. $1,000 ___---------_----------______________------__--- .__ .50
For work costing over $1,000 but not over
6. Section 16—Side yards. The minimum $2,500 ------------------------------ 1.00
requirements for side yards as specified in For work costing over$2,500 but not over
Paragraphs (a), (b), (c) and (d) in this sec- $5,000 ------------------------------------------------------- 2.00
tion may not be decreased in amount more than For work costing over$5,000 but not over
twenty-five per cent (257o) in any individual $10,000 --- ---------------------------------------- __------_ 3.00
case upon appeal unless there is on file with For work costing over $10,000 but not
the Board the written consent of the owners over $15,000 -------- -------------- __ _. ------------ 5.00
For work costing over $15,000 but not (50%) or more of the area of the let, in any
over $25,000 ____________________ 7.00 district or part thereof desire any a e dment,
For work costing over $25,000 but not supplement or change in any of the provisions
over $50,000 _____ 9.00 of this ordinance applicable to such r a, they
For work costing over $50,000 _______ _ 12.00 may file a petition with the City C erk re-
(f) Any building permit, under which no questing the City Council to make such amend-
construction work has been commenced within anent, supplement or change. Sue petition
six (6) months after the date of issue of said shall be accompanied by a map or diagram
the area affected by the proposed
permit or under which the proposed construe- amendment, supplement or change, together
tion has not been completed within two (2) with the boundaries of the said are nd the
years of the date of issue shall expire by limita- names and addresses of all the owners A record
tion; and no work or operation shall take place in the office of the County Recorder f Story
under such permit after such expiration. Upon County, Iowa, of lots therein and ithin a
payment of ten cents (10c) per month on each distance of two hundred (200) feet side of
one thousand dollars ($1,000.00) of the con- the boundaries of said area; and such petition
struction cost on which the original permit wa»s shall immediately be transmitted to the City
issued, but not less than one dollar ($1.00) per Plan Commission for an investigationand re-
month in any case, a building permit may be
once extended for a period not exceeding six port. The City Plan Commission sh,111 file its
(6) months by the Zoning Enforcing Officer. recommendations approving, disapproving or
modifying the proposed amendmen , supple-
Section 21. Interpretation and purpose: In m.ent, or change with the City Coun2il within
the interpretation and application, the pro-
thirty (30) days thereafter.
visions of this ordinance shall be held the (c) If a written protest against any pro-
minimum requirements, adopted for the pro- posed amendment, supplement, or ch n e shall
motion of the public health, safety, comfort, have been presented to the City Council, sign-
convenience, and general welfare. It is not ed by the owners of twenty per cent ( 0170) or
intended by this ordinance to repeal, abrogate, more, either of the area of the lots iricluded
annul or in any way impair or interfere with in such proposed change, or of those i1a ediate-
any existing provisions of law or ordinance, ly adjacent in the rear thereof, extending the
or with any rule, regulation or permit previous- depth of one lot or not to exceed two hundred
ly adopted or issued, or which shall be adopted (200) feet therefrom, or of those directly op-
or issued pursuant to law, relating to use of posite thereto, extending the depth of one lot
buildings or premises; nor is it intended by or not to exceed two hundred (200) fe t from.
this ordinance to interfere or to abrogate or the street frontage of such opposite Ms, such
annul any agreement between parties; provid- amendment shall not become eff ectiA e, except
ed, however, that where this ordinance imposes by the favorable vote of at least three-fourths
a greater restriction upon the use of buildings ft of all the m-embers of the Cit3 Council.
or premises or upon the height of buildings, (d) Whenever a petition requ sting an
or requires larger yards, courts or other open amendment, supplement, or change cf any re-
spaces than are required by any such existing gulation prescribed by this Ordinance as been
provision of law or ordinance, or by any such denied by the City Council such pet tin can-
rule, regulation or permit, or by any such ease- not be renewed for one year thereafter unless
ment, covenant or agreement, the provisions it be signed by the owners of at least f fty per
of this ordinance shall govern. cent (50%) of the property owners o pre-
viously objected to the change; this vision,
Section 22. Amendments: however, shall not prevent the Cit ouncil
(a) The City Council may, from time to from acting on its own initiative in a y case
time, on its own initiative, on petition or on
or at any time as provided in this sec i n.
recommendation by the City Plan Commission
after public notice and hearings provided by Section 23. Violations and penalties : Any
person, firm, co-partnership, corporation, or
Ordinance, and after a report by the City Plan
other association of persons, whether acting
Commission or after thirty (30) days written
notice to said Commission, amend, supplement, directly or through employees or agents, that
or change in the regulations or districts here- violates, disobeys, omits, neglects, refuses to
in or subsequently established. comply with, or resists the enforcement of any
provision of this ordinance shall be deemed
(b) Whenever the owners of fifty per cent guilty of a misdemeanor and upon o viction
thereof shall for each offense be fined a sum be and the same is hereby repealed, and all
not exceeding one hundred dollars ($100.00) ordinances or parts of ordinances in conflict
or imprisonment in the City or County jail for with any of the provisions of this ordinance
a term not to exceed thirty (30) days. shall give way to and be superseded by this
ordinance, providing, however, that such re-
Section 24. Validity: Should any part or peal shall not in any way affect any act here-
provision of this ordinance be held by any tofore committed in violation of such ordin-
ceurt of competent jurisdiction to be invalid, ance or ordinances so repealed, or any pro-
such decision shall not affect the validity of ceedings now pending thereunder, but all such
the remainder of the ordinance. offenses heretofore committed against the pro-
visions of such ordinance or ordinances may
Section 25. Conflicting ordinances: That be prosecuted and punished the same as if said
Ordinance No. 499 entitled "An ordinance ordinance or ordinances were in full force or
regulating size of buildings and other struc- effect.
tures; the size of yards, courts, and other open
spaces; the density of population; the location Section 26. When effective: This ordinance
` and use of buildings, structures and land for shall be in full force and effect from and after
trade, industry, residence or other purposes, its passage and publication as provided by law.
establishing the boundaries of districts deemed
!f best suited to carry out the purpose of this Passed this 1st day of February, 19403.
ordinance; requiring the issuance of building H. B. Manning, Mayor
permits before the erection, construction, re-
construction, conversion, alteration, enlarge- Attest: J. W. Prather, City Clerk
ment, extension, raising or moving of any
building or structure, and providing penalties Published in book of ordinances entitled,
for the violation of the same," adopted by the "The Ordinances of the City of Ames, Iowa,
City Council on the 13th day of March, 1939, 1943."
_ 3591
1'^TE of IOWA�s.
$`i ORY CD MVYl/
Ft[,RFD FOR RECORD
U N 251945
fm
rJ
i