HomeMy WebLinkAbout~Master - Zoning Ordinance ORDIN.ARCE NO. 583
.414 ORDI1.414CE _HETG'JLATING THE SIZE OF BUILDINGS AND OTHM STRUCTURES
THE SIZE OF YARDS, COURTS AND OTHIT.R OPEN SPACES THE PORTION OR
PILRCEMNTAGE: OF LOT THAT 1,_A� BE OCCUPIED THE DE1,15iTY OF POPULATION,,
THE LOCATIOINT AND USE OF BUILDI11410rS.4 STR CTURJES AND LAND FOR T11ADE
INDUSTRY, RESIDENCE OR OTH!i-'R PURPOSES ESTABLISH 'JJIT I
G THE BOUNDARIES
OF DISTRICTS DEEMED BE']T SUITED TO CAfUiY OUT THE, PROVISIC)INS OF
THIS ORDI'1.%JJCE REQUIRIJTG THE ISSUANCE OF BUILDI11G PM-FTITS BEFORE
THE EHECTION, CONSTRUCTION RECOIISTRUCTIO146,coj�"V::RSION ALVE'RATION,
'14 T ON RA IING OR 11OVINIG ANY BUILD
2:11 L A RG 1E: EXTF1,1SI S ING OR
STRUCTURE bEFINIIANG CER* TAIII T11,1048 PROVIDII:G FOR A BOARD OF ADJUST-
MENT PRO�IDDIG FOR A MANNER OF A1.1ENDMIENT OF THIS ORDIi%1ANCE RE-
Pa,, kLiNG ALL C01'FLICTING ORD1ANCES AND 1PROVIDING PENALTY FbR A
VIOLATIO"41 OF ITS 1?ROVISIONS.
'WHEREAS, the City Counell of the City of Ares, Iowa deems i
necessary In order to lessen congestion 13-n the streets: to secure
safety from fire,panic Paid other dangers; to promote health and
g,eneral welfare; to provide adecuate light ana air; to avoid undue
crowding of population; to facilitate the adequate provisions of
transportation, watr-r, sewa,,_,e, schools, recreational facilities
and other �.)ublic requirements; to conserve the value of property
and encourar,-e the most appropriate use of land throughout the city
in accordance wit'n a comprehensive plan;
NOW., TM�I.R 'FORE, Be It Ordained by the City Council of the
City of Ames, Iowa:
Section 1. SHORT TITLE Ti-Iis ordinance shall be 1-no,,nn and
may be cited and referred to as the "Zoninrr, Ordinance" to the same
effect as if the full title were stated.
Section 2. DEFINITIONS: For the purpose of interpreting
this ordinance, certain words, terms,, and expressions are herein
defined. Words used in the present tense inelude the future; the
singular number Includes the plural and the plural includes the
singular; the word "build.Ing, "- inc?udes the word "structure" and
the word "shall" Is always r,,iandatory.
ACCESSORY BUILDING: (See Building, Accessory)
ALLEY: A public thoroughfare not more than twenty (20)
feet in width, for the use of Uehicles.
ALTERATION, STRUCTURAL: Any change in the supporting
members of a building, such as bearing, walls, partitions, columns
be,,,-diis, or girders. The enlaiy,,ement 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
roof, the finished floor of which is, or V'Jould 'be, at or entirely
above the level of the ivall elates of at least two (2) exterior
walls, and the height of froil the floor level to the
highest point of the roof, does not, exceed ten (10) feet.
BASEH1121T: A 11basei-_qent" is a story partly under grol
-ind but!
having; at least one-half (1/0) of its height above the curb leveli
and also one-half (1/2) of its height above the highe-t level of
the adjoiningr ground. A basement shall be counted as a story
under the I..'rovisions of VJs ordinance.
BLOCK FRONTAGE: 'The frontage of lots facing, the street
under co,�.sideration w1hich n-,re comprised bet,,,,een two (2) adjacent
streets or between a street and the adjacent corporation line.
BOARDI{1'r OR LODGING HOUSE: A building, other than a hote�,
fraternity house or sorority house, where meals are regularly
served or lodging furnished for compensn.tion to more than five
(5) Persons not members of the family there residing.
BUILDLIG: A structure having a roof supported by column
or walls for t !e shelter, su -;ort or enclosure of persons,
animals or chattels. When separated by division walls from the
ground u ; inithout openings, each nortion of such structures shall.
be deemed a separate building.
BUILDING, 4CCE 5ORY: Any building w hA ch is subordinate
to the main building on the lot, not attf.ched thereto and used
for .)urposes customarily incidental to those of the main buildin .
Private gara fp)es are accessory buildings.
BUILDI14G; aIGHT OF: The perpendicular dist,�.nce measure
in a straight line -'rori the curb Level to the highest point of
the roof beams in the case of flat roofs, and to the average of
the he L ht of t3:ie roof in the case of .itched roofs, the measure-
ment in {,Il cases to he taken through the center of the front
of the house. `;here adwelling is situated on ground above the
curb level such height shall be measured from the level of the
adjoining ground, ;orovided the distance from the building to the
street li e is notR less th,,n the haigrht of adjoining; ground
above the curb Level. 'there a dvaell ink; is on a, corner lot and
there is more th,n,n one -r -I,de or level, the i easuirements shall
be t,ken from the main entrance elevation.
BUILDING LII:'E: A buildin„ set back line shall be a
line as established under the 1_;,rovisions of Section 5757, Code
of Ion.!_, 1939.
BUILDING 1%1AJ L: The via 1 of the principal building
forming a part of the m_-Jn structure. The foundation .nulls of
unenclosed porches or piazzas, steps, talks and retaining wall
or similar structures shall not be considered as building galls
under the provisions of V-is Grdi.Aance.
COURT: An open, unoccuni d space on the same lot and
fully enclosed on at- least three (3) a,d,jaeent sides by .Malls of
the buildi~-g. An outer court Is any court fa c tni for its full
required width on a: street, or on any other req :.ired (-,nen apace
not a court.
CELLAR: A story having, more than one-half (1/2) of its
hei{;ht below the curb level, or below the highest level of the
adjoiningground. A cel-lar shall not he consiCered as a story
for the -aurno„es of t1il, grd.in x ce..
CURB LEVEL: The rlaean level of the curb or the esta.blishe
curb grade in front of the lot or building.
1`.WELLIidG, Il t:rLE FAMILY: A detached building, arr^.ng,;ed,
designed or intended to be occsa.= ied as t'I residence of singlefanil r and hav .ng no paxty wall in common with an adjacent
house or houses.
I
D'6�J'�".+,LLING, TWO-FAMILY: A detached building that is
arranged, designed or intended to be o=inied r.s the residence of
but t.to (2) families ol� housekeeping; i nitn 1'.ving independently
of each other.
DV!,IE'L .,ING, MULTI-F.A11ILY: An apartment house or d. elling
used o y intonded to be ussed or ocv zpied as a residence of three
(3) or I?or e families or ho. sekeepin ; units living:,; independently
of each other.
F41ILY: A group of individuals livinC and cooking to-
gether on the premises as one (1 ) housekeeping; unit, but a famil
shall not include a group of more than five (5) individuals not
related by blood or marriage.
FBAT'MIITY OR SORORITY ICU`12 A". building, other than a
hotel that is a.rr anted, intended or desiF,,-ned to be occupied as
r residence for a club of 1,yore thax- five members there
residing.
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II
GA.TLkGZ PRIVATE: An acce000ry buildin, or portion of a
building in w1lich one (1) or more motor vehicles are housed, but
In v!ich no business service or industri", connected �".ith motor
vehicles is carried on other than leasinrl of space as Is per-
mitted under the provisions of Section 11 of t1,is Ordinance.
GARAGE PUBLIC: A buildin,, or i-)ortion of a buildi in
which motor vehicles are equipped for operation, repaired, store4,
or kent for remuneration, hire or sale.
GASOLINE STATION: A building or portion of a building
used chiefly,, in connection with tanks, pumps and other ap-
pliances, for supplyinC motor vehicles with f,asoline, oil, com-
presed air water and similar supplies, but not for the plum'-ose of
m,?-king r6l")PArs,
HOTEL: A buildillfr occunied as the more or less tem-
porary abiding place of individuals who are lodged with or
-,Without meals ,nd in which there are more than twenty-five (25)
slee,.)inf; rooms usu,-I.ly occupied Independently.
LODGING HOUSE: (See Boarding House)
LOT: A lot Is a parcel of land under one (1) o,:iner-
ship on which a principal buildinp, and its accessories are
placed, together wits the reau_ir'ea open spaces, having its
Tronta'-e unoI'i one (1) or more streets or on an officially
C'X
,Proved place.
LOT, COP14ER: Lots conforming, to the requirements of
the followin.-., specified conditions shall be considered as
corn-r lots under the provisions of t3 is ordinance:
1. A lot frontini-7 on two (12) intersecting streets
ant-
which form an interior
? angle of one hundred and thirty-
five decrees (1350) or less and 1,,,!_-d' ch lot has at frontage
of not less than 25 feet on each of such streets.
i
2. A lot locL-ted at the angle in a street where
the interior an{le formed by the intersection of the
�tre^t lines is one hundred and thirty-five degrees
1350) or less and vi'llich lot has -4. frontage of not
less than 25 feet on each leg of mach angle.
LOT DEPTH: The distance fro ii the front 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 case irre,-m of a lot of.L ,ul-l�r shape, the mean -vidth shall be
the lot -7.idth.
LOT, I14TERIOR: An interior lot is any lot other than a
corner lot.
LOT, THROUGH: A lot running throu[;h tile block from
street to street.
LOT LINE, FRONT: In the case of an interior lot, abut-
ting on anly one street, the front lot line is the 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 -,)ur-z)ose of this ordinance, provided that the
principal entrance to such building shall be on the street so
selected.
LOT LINE, RMikR: That boizndary line which is opposite
and most distant frori the front line.
LOT LINE., SIDE: Any bound-n,,ry line not a front lot line
or a rear lot line.
NON-CONFO.IVING UjZ: A use that does not co 'ply 7.,iith
the rer;,.?lations of the district in which it is situated*
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OFFICI-kL The official map shall be that man on
file in the office of the City Clenk of the City of Ames and all
references hereafter to said official map shall 1 mean the map
just referred to. Said map by tlli.is reference thereto being made
a part of tliis, ordinance.
PL11MI11, PUBLIC : An open or unoccupied public sz��ace more
than twenty (20) feet in width. which is perman-ently re-served for,
the !,urnose of access to abuttl.ng property.
PORCH, OPLN: A roofed structure, open on two (2) or
more sides, projecting- from the front, side or rear riall of the
buildAng. Sin open porch m,-,,y be enclosed by removable storm
windows for periods not exceeding seven months In any twelve
months period.
PUBLIC NOTICE: The publication of the time and nlace
of any public hear13-1p, not less than fifteen (15) days prior to
the date of said hearing in one (1) newspaper of general
circul,:,tion In the municipality.
ST,"'RY: A story is that part of any building, comprised
Between any floor and the floor or attic next above; the first
story of a buildinlill, is the lov.,est story having; at least one-
half (1/2) of its height Above the curb level and also one-half
(1/2) of its height move the hirhest level of adjoining ground.
STRE"EiT., PUBLIC: A pifolir, thoroughfoa.re more than twenty
(20) feet in width,
STREET FRONT: The street or nublic 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 ovnei4s an-lication for a building, permit,
ST.i-'22T LINE: The dlvidin , line between a lot and a
public street, alley or place.
13 GTRE�T MALL: The wall of the building nef-trest the
street under consideration.
GTR`UCTUR4L ALTZRATION: (See KiteraLion Structural) ,
Y-4RD FRONT: The reqii1,_,,ed space, unobstructed to the skyj'
open for the whole width of the lot extending from the nearest
part of any buildln, on the lot to the front lot line excluding
cornices, eaves, gutters or chimneys -project1nf,,,, not more tll--;.an
thirty (30) inches; steps, bay window�s' or similar features not
e_�tending through more than one story and Which do not aggregate
More than one-third (1/3) of the aidt'�� 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 buildinf , one stoi-j open porches eight (8) or less
feet in vildt'l.'. U
YA3"_D# REAR: The reqtiired open space, unobstructed to
the sky, extendin,(, nnlorg the rear lot line (not a street line )
throughout the wh6le width of the lot to the rear of the prin-
cinal buildin, excludJn;, cornices ,aves, r,*utters, chimneys
)$ A- �, ) , , , , 'J
,-)rojecting not more Van Vairty (30) inches, uncovered ste-os
open porches,, not more than one sto]-7 in height end eight (8�
feet In width and accessory buildings.
Yam, SIDE: The required open
pen space, unobstructed to
the sky, extending along the side lot line from the front yard
to the rear yard, excluding cornices, eaves, gutters, chimneys,
bay windorrs, and open porches not exceeding three (3) feet in
v,,,idt or similal- features extendin,,,7, not .-..ore than. one story
in height which project into the side yard but are thirty (30)
Inches or more from the adja.cent lot line.
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Section 3. DISTRICTS:
(a) For the purpose of this Ordinence the City of Ames,,
Iowa is hereby divided into five (5) classes of districts,
as follows:
11,111 Distr
icts - (Residence)
Districts - (Multiple Ilesidence)
IIC" Districts - (Local Business)
I'D" Districts - (Business and Light Industry)
"Ell Districts - (Heavy Industry)
(b) The various districts and their boundaries are
hereby established as shown on the official Zoning Uap of
the City of Ames and wlnich, with all its designations, is
hereby declared to be a part of this Ordinance.
Section 4. DISTRICT BOLJNDARIEt3: The boundaries of the
various districts established by this ordinp-ice are street lines,
alley lines, property lines, lot lines, or other lines shown on
the official Znnif,-i 111p.,p. 1,177here boundaries are approximately
indicated as property or lot lines, the true locations of such
lines shall be taken as the boundary lines. 111here the distance
to any boundary line from a street li ie, property line or lot
line, is Indicated by the official Zonin,, Map, such measurement
shall control.
Section 5. GENli,IRAL REGULATIC)IIS:
(a) Except as here ter provided no building or
✓part thereof shall be erected, constructed reconstructed,
converted, altered, enlarged, extended, rai s ed, moved or
used., and no land shall- be used except
Dt in conformity 1,,.rith
the reg-,1fitions herein prescribed for the district in
V.11,11ch such buildinf,-, or land. may Ire situated and until a
building; permit has been issued by the Zoning Enforcing
Officer as provided herein.
(b) Unless otherwise specified, no use shall Ine per-
mitted in any district W-AA is prohibited Ili any less
restricted district, iand unless otherwise provided, no use
Permitted in a more restricted district shall be prohibited
in a less restricted district.
(c) The principal building, on a lot shall front on a
street or a public place.
(d) No yard, or other open space provided about any
buildln.c, for the purpose of complyiniv with the provisions
of tis"ordinance * shall be cons"Iderea as -)rovid-In- a yard
or open space for any other building, nor shall the, lot
area per fpmily be reduced in any manner except in con-
formity with the area reg-'ilatione herein established for
tl-,e di strictIn which such buildinF,;1 is located.
( e) The depths of front or rear yards and the 1width of
side yards shall I ,, all cases be measured from the lot
line to the nearest point of the adjacent building.; wall of
the building under consideration, except in such cases
.-here building lines as provided by Section 5757 of the
Code of Ioli:a, 1939, have been established and In such eventi
the depth of yards shall be measured from said building
line.
(f) No lot shall hereafter be so reduced in area that
any required yard, court or other open space will The
smaller than is ;prescribed 11i.1 this ordinance for the district
in which it is located.
Not more than tmo (2) dwellings are permitted on
any lot, tract, or parcel of land until the same has been
subdivided in accordance with Chapter 321 of the Code of
Iol"'a.
(h) No buildinf.,! in the rear of any principal building
on the same interior lot shall be used for residence nur-
(I) Each lot unon which a dwelling i;, to be erected or
enlarged shall provide a lot area per family not less than
those specified hereafter:
One family dvelllnUs, 3000 sq. ft. per family.
Dwelling of two families, 2000 sq. ft. per family
Three or more f,-jiily dl.xiellin,. s, 1500 sq. ft. per
f�X"Iily.
The above requirements shall not apply to hotels.
Q ) Any portion of a building, is covered by a
roof and wlhicli is enclosed on three (3) or more sides shall
be considered as a i--)art of the building,.
W The oi,,!ner of a corner lot may elect to front the
principal building on such lot an either of the lu-,oio streets
u,,-)o n a viiich the corner lot abuts, provided that the prin-
cipal entrance to such buildin(, shall open on the street
so selected. 'Vhere any such election is manifestly con-
trary to the established character or welfare of the neigh-
borhood, the enforcing officer shall thereupon refer the
case to the Board of Adjustment, herein establAshed for a
decision, as provided in Section 19 of this ordinance.
(1) No permit shell be issued for a dwelling in a
residence district if the lot u-on which said dwelline- is
to be erected has less than a front yard width of 40 feet.
Section 6. USE RLGULkTIONS FOR "All DISTRICTS. (Residence) .
ViAthin any "A' " District, unless otherwise provided In s ordi-
nance, no building or land shall be used for other than one or
more of the following purposes:
(a) SinF_?Ile or two family dwellings : Nothintg, herein
shall prevent the serving of meals to five (5) or less per-
sons not membemof 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 r1ore than two (2)
families may occupy one (1) principal building, on a lot in
an District.
(b) Of: or studios of professional persons, or
space for home occupations not involving in any case the
conduct of a business on tl-.Le -remises, provided that any
such activity may only be carried on in the building which
Is used as the private &,ellinj, of the proprietor, provided
further that any such activity shall not occu'",ly i_,iore than
fifty percent (50%) of the floor area, of one (1) story of
such building, provided further that not no re than one (1)
person not a member of the family there residing shall be
regularly em-,)loyed in addition to the oroprietor, -Provid.ed
further that Voere shall be no display of goods and no
advertising, on the -proi-Ases other t1vi-n a small sign not to
exceed one (1) square foot in area and carrying only the
name and occuDation of any occupant of the premises, pro-
vided further- that the build lncc 5; or i?remises occLipied shall
not thus be rendered obJectlonable or detrimental to the
residential cliaracter of the neighborhood
ood due to the ex-
terior appearance, the emission of odor, gas, smoke, dust,
noise or In any other way, and provided further that any
such building shall include no features of design not
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-custoi-lary In buildint-s for _residentiA'. use.
(c) Churches, schools., elementary and high, public
libraries or public museums, clubs, lodges, or socir-,11 or
coiaiiiunity-center buildings, excepting those, a. chief
function of is a service or activity conducted or
customarily conducted for gain,, provided, further, that
U
before a penA t is isa;ed for such use by the zoning
enforcing officer, he shall, have on file in his office
the 1:.-,ritt-en consent of Vhte owners of 75,1'4 of all the
privately owned land within 300 feet of any part of the
Pre)A s to be occupied by such use.
(d) Playcrounds or parks not conducted ,as a business.
( e) Farms, truck, gardens, orchards, and wood lots.
(f) Horticultur-al nurseries and greenhouses for the
propog,ation of -plants only, provided there is no display
of advertising or of plants other than j-Towth., 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 thewritten consent of the onniers of ninety per
cent C of 11 of the Drivettely oi7ned land livithin three
hundred (300) feet of any p,,art of the premises to be
occuplied by such use.
(g) Real estate signs advertisin., -.-'or sale, rental
or lee-se only the premises, lots or tracts on which they
are located as provided in Section 12 of ti-l.is ordinance.
(h) Announcement Signs and Bulletin boards.
W Private Garages, and Accessory Bjjildin ,s as pro-
vided in SecV.on 11 of this ordinance.
Sect!_ ,n 7. USE REGULAMC)145 FOR "D" DISTUCTS. Wulti-ole
Residence). Within any "B" District, unless othex-iise i,,rovicLed in
an this ordinance, no building`V- or land shall be used for other
th
one or more of t1-io uses herein sP ecified as nermissible in "Att
Districts, or for other thE:,n one or more of the following purposes
a) 1,11-ulti-farrAly D-viellin,,-,s.
") rraternity or Dorority Houses.
( c) Dorirdin or Lodgint-7, douses, 'provided that there be �
no conspicuous advertising signs.
(d) Private -_-rages and accessory buildings vender con-
ditions as specified In Section 11 of this ordinance.
�e) lllunici-osd, `Mate or Federal Buildings.
f) Hospitals, clinics, sanitariums, dispensaries and
charitable Institutions (except penal or correctional
institutions) .
Section B. USE RIGULkTIONS FOR "ON DISTRICTS. (Local
B'L)siness) . 1373.thin any "C" District no building or land shall be
used for other t-h,,n one or more of the uses herein specified e�s
Dcrmiqsible ii- "131" Districts or for other than one or more of tie
folio-.ing purposes:
(a) 11111k Processin, plants, provided, such -,,lants are
1 - - '(2) acres
Located on a tract of .and of not less thl ,.n two
devoted exclusively to such use; provided, further, that
such plant be free from o-bjeotlonable odors, smoke, or
noise.
(b) A retail- store or trade shop where goods are
stored or displayed for sale or services rendered, and
where nothing,; Is fabricated, manufactured, converted, or
eltered, except for such retail. trade. A portion of any
a
store or shop may be arranged and used as ,;. dwelling.,
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Section 9. USE REGULATIM-6 FOR 11DII DISTRICTS (Business
and Lit--,,ht Industry), 111-1-thin any I'D" District no building or land
shall be used for other than one or more of the uses herein
specified as permissible in IICII Districts, or for other than one
or more of the following purposes:
(a) Offices
Mb
Financial institutions
Amusement entexr)rises, such as dance halls,
skat'Ing rinks, concert halls and theatres
(d) Studios
(e) Fire stations and public convenience stations
f Gasoline fillin,- stations
Freight and passenger stations and station grounds
ti Bus aepots '
(I) Telephone exchaw,e
(j ) Hotels
M Telegra,h offices
(1) Restaurants and lunch counters
Printing shops
n Public darages
(o) Any light manufacturing or 'Light industry which is
carried on entirely wit -An buildings, which is not noxious
or offensive due to the emission of odors,
gas, smokes
dust or noise, which is not a menace to public health and
s af e t-%,$ and which will not substantially or permanently
injure the appropriate use of neighboring property.
(p) Fuel and building material on storage yards from
which sales are primarily retail.
Section 10. USE REGULATIt''JI43 FOR "E" DISTRICTS (Heavy
Industry), Within any It-11 District no building or land shall be
used for other than one or moye of the uses herein specified as
permissible in I'D" Districts, or for other than any trade, in-
dustry or purpose which is not noxious or offensive due to the
emission of odor, gas, smoke, dust or noise, or n1hich is not a
menace to public. health or safety.
'T
Section 11. GAIIkGES AND ACCESSORY BUILDI i,*S:
(a) In any "All District a Private garage is permitted
in the side or rear yard oil the apme lot with a dwellings
either as a separate buildin�_'- or in a separate room within,
or attached to the dwellinpl, provided th-t sD,-,ce for not
more thanthree (3) motor Vehicles is -o-ex-mitled on one lot.
Men wholly or partially within the limits of the side yard
and attached to or a separate room with a principal build-
Ing such garage shall be considered as a part of such prin-
cipal building and shall conform to all yard and space
requirements as specified in this ordinance for principal
buildings
. When wholly or partially within the limits of
a rear yard and attached to or a separate room within a
principal buildlng such ga
rage, 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 aDre.mises.
(b) In any IIBII District or any "C" District, private
garages, or accessory buildings are permitted under the
regulations .prescribed for "All Districts, except that for
private gaaraf.-es a space for not more than ten (10) motor
vehicles may be -orovidea, and except theft space for not
more than three (3) motor vehicles may be leased to others
than residents on the nremises.
(c) In any I'D" District or any IIIEVI District, public or
private garages, or accessory buildings are pen'.1itted on
L any part of the 'ot.
(d) No public garafge providinc..
stora, e capacity for
t more than five (5) mor vehicles or in which motor
vehicles are renaired for comDens,,:--.tion shall have an
entrance or exit for motor vehicles within fifty (50)
feet of any 11.41.11 District or any "B" District, or within
one hundre d (100) feet of the entrance or exit of any
previously existing public or private school, playground,
public library, church, hospital or childrens institutions. 1
(e) The following; regulations and interpretations shalL
apply to parar -sraphs (a) and (b ) ection lie
1. 14',ach 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 within fifty ( 50) feet of any "
street or public ?.)lace 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 Bide
lot 115-ne to any adjoining property.
2. No detached garage or accessory buildinE,., is
permitted within the limits of a front yard.
3. If any portion of a detached gars-ge or other
accessory building is wit. iin a side yard of a prin-
cipal buildinr-r, on the same lot such accessory building
shall not be nearer to the side lot line than would
be required for the building; wall of a principal build-
ing on the sane lot. In interpreting, this regulation
each twelve (12) feet in height of the accessory build-
in g shall be considered a story.
4. A detached garage may be erected across a
common lot line by mutual agreement of the adjoining
lot o%,.,ners.
5. Accessory buildings within a rear yard may
not occupy more than rune-third (1/3) of such area.
6. No detached garage or accessory building may
be placed In any rear yard or any side yard so that any
part of such builaint; is nearer a street "Line than Is
permitted for a wall of a, principal buildine,, on the
snume lot.
Section 12. AIDVERTI SING SIGNS. POSTERAND B- ULLZTP'\J' BCDAIRDS.'i
(a) In any "All District, or any "B" District real
estate signs advertising for sale,, rental or lease only,
the premises, lots or tracts on which they are looted are
permitted., provided such signs shall be distant as far as
nossible from abutting pro-,,)(.,;�rty 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 squ re feet of
f any such sign shall not exceed one-
tenth Win of the continuous street frontage in feet of
the lot or tract, except that a sign not exceedin[.,, eight
(8) square feet in area shall be permitted in any case.
(b) In any "All District or any "B" District announce-
ment signs or bulletin boards are permitted, provided such
sigrns 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 oi?trn use, and are
not erected within tit!ienty-five (25) feet of a street line.
-9-
( c) In any District one (1) advertisin,_- sign not
exceeding twenty (20) squ,rl.re feet Ln area may be displayed
on each local business house in such district. The re-
quirements of para raphs (a) and eb) Section 12, shall
apply to other signs or bulletin boards erected in "C"
Districts.
(d) In "D" and "All Districts poster boards and advertI3-
ing signs are permitted where such boards and signs con-
form to the ordinance req,,.zirements of the City of Atjes.
Section 13, NON-COIN U,33E8.
(a) The lawful use of a building existing at the
time of the passage
of this ordinance, although such use
toes not conform to the provisions hereof, may be con-
tinued, but if such non-conformini,; use is discortinued,
any future use of said nremisea shall be in conformity
with the nrovisions of this ordin?,.nce.
(b) The lawful use of a building existing at the
time of the passage of this ordinance, may be D extended
throughout the building-, provided such building, F,ias so
arranged or design
ed 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
u,,,:,e of such buildino or part thereof as such use existed
at the time of suchLdest-ruction; or prevent a change of
such existing use in accordance with the provisions of
t-Ms section; provided that any reco-,�stru`ction of such
building shall be begun within six (6) months after such
destruction and shell be diligently prosecuted thereafter.
(d) Nothing in this ordinance shall prevent the
restoration of any wall or other portion of a building
Jeclared unsafe by an authorized public official.
Section 14. F11,014T Xk.ULS:
(a) In any dA" District a front yard not less than
tntenty-five (25) feet in depth Is required on each lot.
(b) In any "B" District or arty "C" District a front
yard not less than t,,-ienty (210) 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 Drivate garage or accessory building
may occupy any portion of -9 front yard in any "All District,
"B" District or any '*C" District.
(e) The front yard depth for a church, school, library
museum, club, social center or community buildinf,,, hos--Ital
or similar institution erected or 'ntructurally altered in
any "All District or any "B" District shall be thirty (30)
per cent In excess of those specified in this ordinance
for principal buildin,_';s in such districts.
(f) The followins exceptions and interpretations
shall apply to the provisions of Section 14, as noted:
-10-
1. The front yard depth fora principal building
located n a lot within seventy (70) feet measured
along the street line from the nearest corner of the
lot under consideration, to any portion of two (2) or l'
more lots in the sFn. e block and which lots are occupied;!
by dwellings th-at front on the same street as the pro- j
posed principal dwellin,, , shall be the aver `se front
Y-�rd denth of such existinf,- dwellinp,s. In computing
such front yard. depth existi-,c!, -buildin� s Talth front
yard depths greater than fifty (50) fe'e't shall be
assumed to have a front yard denth of fifty (50) feet
and a building P
1 17 with a, front yard depth less than
twenty-five (25) feet shall be assir�,ied_ to have a depth
of twdenty-five (25) feet.
2. In any "All District, nany "B" District or any
" C" District, i,,rhere the rear lot line of any corner
lot forms the front part of the side lot line of an
adjacent lot, a buildin, on such adjacent lot shall not
be required to have a front yard depth of more than
three-fourths (3/4) of the depth re-quired by the nro-
visions of this ordinance for a lot fronti-r1r.., an the
same street and in the same block; provided that this
reduced depth shall not be less than the required side
yard denth (on the street side) of a principal building ;
on the corner lot.
3. In any "all District or any "B" District %:here
a lot adjoin It
ts a "�! 'l District or an Ell District, the
front yard of such lot, for a distance of fifty ( 50)
feet fror the district boundary line shall not be
required M to have a depth of more thn-A one-half (1/2)
requir
�1 - t 4
the depth required by Sec -Lon 14, for the residence
.t)U
21)ortlon of the same block frontage, provided, however,
thsA the fronii: yard depth of a building as determined
by Vils paragraph shall be not less than ten (10) feet
in any Individual case,
Section 15. YAIM,":
(a) In any "All District, any "B" District or any 1101f
District, a rear yE,.,rd not less than twenty-five (25) feet
in depth is req.-�,)Ired on an Interior lot and twenty (20)
feat on a corner lot.
(b) In any I'D" District or any ".E." District a. rear
yard not less than twenty (20) feet in depth Is required
rhere any portion of s. principal buildinf7 on ,s
uch lot is
lined as a dwelliner,. An additional two (21 feet in denth
of rear yard is required for each story above the second,
any portion of which Is used as a dwelling.
( c) In any "D" District or any "14'," District no re.-r
yard is required for a hotel or for a building not used as
a dwelling- rhic. 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 w)-itch such building, is located
does not abut upon a rear alley twelve (12) or more feet
In widt'n, a rear yard not less than ten (10) feet Is
required for buildings two (2) stories or lessin height,,
n,hich minimum width be increased t,,,§io (2) feet for
each additional story I,, height above two (2) . Buildings
more than two stories in height Vl-iich abut on rear
alleys twelve (12) or more feet In width shall have rear
yard requirements conforming to tl-le provisions Of Para-
graph (b) of t.'ils 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 paragraphs (a) and (b) Section 15, one-half (1/0)
of the width of on alley in the rear of the lot shall
be assumed to be a port on of the rear yard.
2. 17here a Portion of a building; Included In
paragraphs (b) and fc) Section 15, above the first
floor Is used as a dwellinE a space not less then ten
(10) feet in width shall be troVided above the highest
A.
st,ory .130 occupied open and unobstructed for the ivrlioje
width of the lot, and on irregular lots an equivalent
area Is to be so provided.
3. The provisions of paragraphs (b) and ( c) Sectio
15, rear yard requirements may be waived for buildings
on through lots extending from, street to street -,,,here
an equivalent open space on the lot is provided in
lieu of the minimum 'rear yard required therein.
4. The *;Drovislons of pa-ragraph (a) Section 15
shall be construed to restrict the erection or structural
alterations of any principal or accessory buildii,,o- on a !
throw g
a
,,h lot 90 s to place any principal wall of such
building'- nearer the rear lot line of the through lot '
than is Per.r.11-tted by taxis ordinance were such rear lot
line considered as a front lot line.
Section 16. SIDE YARDS:
(a) In any "All or "B" District
there shall be a side
Yard on each side ofI each princi.pal building. The side
yard for a principal building one (1) story In hei,;ht shall
be not less than four (4) feet in width, tWo (2) stories
In height not less thc-_n sLy (6) feet in width and for
?;hree (3) or more stories -In height not ""L ess than eight (8)
feet in width. One 'j(l) side yard may beomitted where two
(2) semi-detached houses, on adjacent lots, are built at
the same tame wi,$I-, p common p.rty wail, provided that the
side yard of each house opposite the common party wall
shall be of a width f 1-1 L"'
ItY Per cent (50%) in excess of the
minimum side yard 1,,v-idt'lis BPeCified in this =Laragrzaph.
(b) In any "C" District, any I'D" ,District or any
District no side yards are required. Side yards if pro-
vided shall be not less than five ( 5) feet in width.
(c) In any "All District, any 11,311 District or any
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 (1/2) of the
is .11 distance t" at 1:-Ioulcli be required by the provisions of
Section 14 were such side stye,-.t line tile- front lot line.
(d) 1"he required minimum width of side y,:,,rd for a
church, school, library, museum, club, social center or
coMmunity building,
hos Atf�l or simile-r institution on an
interior lot in any "At' District or any "Bit District shall
be twenty (20) feet. For such buildings on corner lots in
"A" Districts and "B" Distri3ts the side yard nearest Vile
side st"reet shall be not less thV,11 fifty per cent
in excess of the requirements specified in Section 16 for
principa-1 buildings on such corner lots. The side yardadjacent to an interior lot for such buildings on corner
lots shall be not less than twenty (20) feet.
-12-
Section 17. FENCES, WALLS .411D VISION CM&AaAliCE;
(a) In any "A" District, any "B" District or any "C"
District fences and wa*Lls not exceedin[, six (6) feet In
height are ;permitted witlliin the limits of side and rear
yards. A fence or wall not exceeding 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 percent (65,q) open. In the case of
retaining walls supportinC embankments the above require-
ments sh—all at-_,ply 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 or any "C" District no fence, lslvc;-! l or other
structure shall be erected to a height of-more than three
(3) feet above -*ie elevatiron of t-he L,established curb g,,rade
at the intersection o,' the streets on that part of any
L
yard which is bounded by the street lines of the 41.nter-
seetin, streets rind a line connecting tiro (2) points on
said -street lines twenty (20) feet from their noit of
intersection and no Plantini) of foliage which mill ob-
struct the vier, of drivers of vehicles anproaching, the
street intersectio-,1 shall be placed or m-aintained within
such area.
:Section- 18, ENFORCINII(Gr OFFICER: The provisions of this
ordinance shall be enforced by the City Mo-nager. Appeal of any
decision of the enforcing officer may be made to the Bof_,,rd of
Adjustment as nrovided in Section 19 of tll;;-s ordinance.
Section 10. BCXHD OF ADJU�37RIENT:
(a) A Board of Adlustmant io � reby established. Yhere
e vo thy; "Board" Ig used. '1111 this section it shall be
construed to mean the "Board of Adlustnnentlf. The Board
shah con slgt ,,)f five (5) members appointed
by the qayor, subject to confirmation by the City Council
,Ld shall be appointed for '7 wi +Crms o
;.1 O-1 1S 4 and 5 years
e resnCtively, A l-M
t the eiration of t* 2) 0
he; term of office of
any board member, his successor shall be appointed for a
term of five. years, Any vacancy s.1�11 be filled in the
OfiliMe mpniler for the unexpired 1-ortion of the term. In the
—
event of the absence from the City or the incapacity of a
member, the Mayor may aPpoint a subSt4-'itUte who shall serve
as a member of the Board, with the same rowers and authority
as the reguiar. member, untill such rcgola_r member has re-
turned Or I)P,8 beco,,me capacitated for further service. All
members shall. serve withoiit co-ii.pensation.
(b) The City Clerk shall serve as the Secretary of
the Board. In the absence of the Secretary, the chairman
of the Bcnrd may appoint one of the members of the Beard
to act as Secretary pro tem for the ¢',eating n-, . The Board
shall have the power teacall on any City Department for
assistance in the T)erform-once. 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 adotA from time to time, subject
to the approval of the City Council, such nilee and re, -
lations as It M
,u
,?,_Y d -,deem necess�.ry to carry into ef-."ect the
provisions of this Ordinance.
(d) The Board shall annually elect its own chairman at
the first meeting on or after April first of each fiscal
a yer. Such chairtnan, or in his' absence, the actlnf; chair-
man, may administer oaths and coriT)el 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 Secre 4s-
"r y of tl.;-e Boars shall keep minutes of its ,-.,ro-
ceedings, showing the vote of each member upon each qiies-
tion. If a membcr is absent or fc-1_is to vote, the minutes
shall indicate such fact. The Board shall keen -ecords of
Its exaral-nation and oth(--.r official acticns, which SYM,11 be
on Me in the office of the City Cierk as a public record.
(e) ADPeals 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 arlpeal shall be tP,31,,en rithin a reasonable time, as
provided by Vh.- rules of the Board, by filing wit'i the
becretary of the Board a mritten notice of appeal specif
Ing the F��rounds thereof. The Secretary of the Board. shall
give notice of si-jej, apr)eal to the enforcing
officer who
shall forthwith transmIt to the Board all 'papers constitut-
ing the record u,-,;,on which the action appealed from was
talken. An appeal stays all Proceeding-s in furtherance of
the action appealed front ' - 'le- t'he enforcin officer
certifies to the Board after t5e" notice of the appeal shall
have been filed with him, that by reason of facts stated
in the certi
ficate a stay would in his opinion cause immi-
nent neril to life or ,.)roperty. In such case proceedings
shall not be stayed otherwise than by a restraining order
vihicl' m r�' a y be grnted by a court of record on application on
notice to the officer and on due cause shown.
The final dispos"t'.on of any appeall shall be in the form
of a resolution either reversing;, modifying or affixtaing
t!--,,e decision or detexTiinn.tion anprbnleO frome
(f ThT Bnare. of Adjuetment in specific cases chall
(-t� folo,'?Anf, porters:
1. To hear and decide a-uneals where It is
alleged there is error In any order, requirement, de-
cision or detcrininat-lon made by the cnforcin,.-, officer
in the enforcement of the provisions of this ordinance.
2. To authorize upon appeal in the following
specific cases such vfxiance from the terms of the
ordinance as will not be contrrxy to the public In-
terest, vih.ere, owi*.zig to speci^,'.' conditions a literal
enforcement of the P_-ovis''.ons of the crdinance will
result in unnecessnry hardship, and so that the spirit
of the ordi,-).,--nce shall be observed and substantial
justice clone. Howevor, -niot1linf, herein shall be con-
strued as giving the Board the right, power, or
authority to change the limits or extent of any
T,�ernis�-,ion for the erectionor
istric"", or to grant b
use of any building or the use of any land for a pur-
pose
nose :Mich, ls specifically prohibited herein.
as The erectlort end use of an accessory
building on a lot -'-n any "All District or any "B"
Dist-,ict before the erection of a principta, build-
ing on such lot as provided herein; provi(f.ed such
use is temporary and for & -)criod of time not to
exceed one (1) year.
b. The extension of an existing buildin(_�,*, or
use Into a more restricted district immediately
adjacent, under such conditions as will safeguard
the character of the :-,ore restricted 45.1strict,
provided that such extension shall not be pernniitte�
more than fifty (,150) feet beyond the boundary
-14-
line of the district in which such building or uso
is authorized.
C* The extension or enlargement of an exist-
in- use located in a district restricted ato7,Anst
such use, either by the extension or enlargement
of an existing building or use of land, or by the
erection of an additional building where such
extension or enlargement is necessary incident to
the trade, business or industry existing or the
1st day of June, 1925, provided that such exten-
sion or enlargement vill not prove detrimental
to or tend to alter the character of the neighbor-
hood.
do The erection of buildings or the use of
land not in accordance with the requirements of
this ordinance, in the case of an undeveloped sec-
tion of the city for a period not to exceed one
(1) year in any case, where such bulldinc'- or uses
are clearly indidental to and necessary for resi-
dential development, or are temporary only and
u,111 not tend to nermanentli alter the character
of such. section0�' ,)jiy adjoining or nearby section.
e. The erection and use of a buildin,; or the
use of lend in any district by a public service
corporation or for 'public utility -purposes, which
the Board considers reasonably necessary for the
public convenience or relfere.
f. To permit any use in a district that is
not specifically prohibited in such district, and
that is in keeping with and appropriate to the
uses authorized in such district by the provisions
of ti-ds ordinance.
go In specific cases upon appeal to permit a
variance In the literal interpretation and appli-
cation of the followinp. specified Drovisions of
the ordinance:
lo, Section 5 General Regulations, Para-
graphs (g) (k) and (I) .
2. 3ection 11 - Garages and Accessory
Buildings, Parp,raphs (a) to (e) inclusive.
3. Section 12 - Advertising ,S, gns, Posters
and Bulletin Boards, Paragraphs (b) and
4* Section 14 - Front Yards. The minimum
depth requirements for front yards as speci-
fied In Paraf_;,,raphs (a) , (b) , (e) and (f) of
t1-iis Section may not be decreased in amount
more then twenty-five percent (,?5�) in any
individual case upon appe
al unless there is on
file with the Board the written consent of
the o,,xners of all contiguous property within
a distance of 100 feet from the nearest lot
line of the lot in question, and nrovided
further that in no event shall the Board de-
crepse the required minimum front yard depth
by more than 50/c 0"'0
5. Section 15 - .11ear Yards. The mini-
mum requirements for rear yards as specified
in Paraf-ral)hs (a) , (b) , (c) and (d) of this I
section may not be decreased in amount more
than tfryenty-five per cent (25/1) in any indi-
vidual case upon an-Deal unless there is on
file with the Board the written consent of theli
owners of all property abuttin,,- on the rear
yard of the lot under consideration,
-15-
6. Section 16 - Side Yards. The minimum
requirements for side yards as specified in
Paragraphs (a) , (b), (c) and (d) in this
section may not be decreased in amount more
than t�,-7enty-flve per cent (25%) in any Indi-
vidual case upon appeal unless there is on
File with the Board the written consent of the
os"vners of all -,ro7,.-)erty abutting on the side yard
of the lot under connider�_tion.
7. Section 17 - Fences, 'galls and Vision
Clearance. Parafraphs (a) and (b).
Section 2) . BUILDING PEMMS A.ND APPLICATIONS THEREFOR;
(a) It shall be unlawful to commence br to proceed
with the erection, construction, reconstruction, conver-
sion w"., alteration,, enlargement, extension,, raising or
moving of any building or structures, or of. any portion
thereof, without first having applied in writing to the
City Manager for a building permit to do so.
(b) every a-plication for a buildin,, permit shell be
in writing, and delivered to the ';,nforcin'- Officer, and
ah s 11 be accompanied by a detailed set of plans, in dupli-
cate, showinf,,,, the size of the proposed building or structur
its location on the lot, the materials of which it is to
be constructed and the details and type of construction to
be used. On the issuance of a Permit one set of said
plans shall be retained by the Enforcing Officer as a per-
manent record and one set shall be returned to the applicant.
In case of any buildinf, or structure to be located outside
'I.-,he fire districts, the _,�nforcing Officer m.ay, nat his own
discretion, permit the substitution of a written state-
rient coverInf-; the essential information required in place
of said plans.
(c) Blank' forms shall be provided by the Enforcing
Officer for the use of thow applying for permits as pro-
vided for in this ordinance. Any peniits issued b,-,.- the
Ell-'L'orcing Officer shall be on standard forms for such pur-
r)ose and fur.-ished by the City.
(d) A careful record of -Il such applications, plans,
and --ermits shali be kept Ir t-lic, office of the Znforcing
Officer.
(e) The fees to be charged for buildin, i_-ennpits from
I
and of the passage of t!-iis ordinance shall be as follows
For work costing $500 or less. . . . . . . . . . . . . . . . . . . . # 1.25
For worn: costing over q` 500 but not over �)l.,000
050
For work costing over �',1,000 but not over 82 0 500. . . 1.00
C 4
For work costing over 500 butA not over 5,000. . . . . 2.00
For work costing ov e r
C.) .000 but not over lOpOOO. . . . 3,00
For work costing over 010 000 but not over �',"15,sOOO. . . 5,00
For work costing over �152000 but not over !�,1252000. . - 7.00
For work costing over X625,,000.but not over $500000. . . 9,00
For work costing over q50,000 . . . . . . . . . . . . . . * * . * * * s & #l2,00
(f) Any building
permit,, under wIilch no construction
work has been com-ionced wit',-
.t 4 n sill-, (6) months after the
date of Issue of said permit or in-ider which the -01,oposed
construction lias not been completed within two (2) YeExs
of the date of issue shall em)ire by lJxitltation; and no
work. or operation shall take -lace un(l.er such permit after
such expiration. Upon payment of ten cents (10�) per i:ionth
on each one thousand doilars ( 1..000,00) of the construction
cost on which the on[--_'ina1 permit was issued, but not less
than one dollar (6%�1oOO) per mont�i in any case, a building
_16-
permit may be once extended for a period not exceeding
six (6) months by the Zoning Znforcing Officer,
Section 21. INTERPRETATION AND P01POSE: In the intemre-
U.1tion and application, the provisions of tb.is ordinance shall- be
held the minimum reouirements, adopted for the prot-,iotion 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 impair or interfere with any existing provisions of
lam or ordinance, or with any rule, regulation or DelTiit pre-
viously adopted or Issued, or which s1i-Lall be adoz)t-ed or issued
'oursuant to law relating to use of buildings or pre"Ases; nor
Is it intended- ty this ordinance to interfere or to abrogate or
annul any agr
eement between parties; provided, however, that
v..,he, e V Is ordinance imposes-' a j!;re,--�ter restriction upon the use
of buildings or premises or upon the height of bulldinLs. or
re(1uireo larger yards, courts orother open spaces than are re-
quired by any such existing provision of law or ordinance, or by
.any such rule, regulation or permit, or by any such easement,
covenLf^t or agreement, t1ie provisions of this ordinance shall
govern.
Cection 22. VEM1404TS:
(a) The City Council may, from time to time, on its
own initiative, on petition or on recommendation by the
City Plan Commission, after public notice and hearings
,,)rovided by Ord-inance-, Lad after a renort by the City Plan
bommis3ion OV after thirty (30) days written notice to sal�
Commission, amend, supplement, or change In the regula-
tions or districts herein or subsequently established.
(b) 'Whenever the maners of f if ty per cent (50%)or
more of the area of the lots in any district or part
thereof desire any amendment, supplenrent or change in any
of the -,provisions, of VJs ordinance ap-plicable to such
area, they niay f Ile aq -etition. with th-P, City Ci .2:'.!,- reauest
Ing the City Council to make such amendment, supplement or
change. G-Lich petit-1-on shall be accompanied by a mar) or
diagram showini.-; the area affected by the proposed Piaend-
i,.ient, sup'i_-)lement or change, together with the boundaries oJ
the caid area and the names and addresses of all the
oz7ner8 on record in the office of the County Recorder of
Story County, Iowa, of lots therein and lai thin a dist.=,nce
of t -side of the boundaries of
wo hundred (200) feet out
said area; and such petition shall immediately be trans-
mitted to the City Plan QDramise-fon for an investigation
and report. Vie City Plan CommissIon shall file its
recommendations approving, disapproving or modil into the
prop.-,,,sed amendment, suppi;ment," or change with Re City
Council within thirty (_30) days thereafter.
(c) If a written protest against any proposed amend-
ment, supp
lement, or chant shall 1,mve been presented to
th,e ,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 to
ti
ne rear thereof, eztendlluie� the depth of one lot or not to
exceed two hundred (0.00) feet therefrom, or of those
directly opposite thereto, extending the depth of one lot
or not to exceed t-�,,o hundred (200) feet from the street
'frontage of such opposite lots, such amendment shall not
become effective, except bzr the favorable vote of at least
three-fourths (3/4) of allthe ne.mbers of the City Council.,1
(d) whenever a petition requesting an amendment,
supplement, or change of any regulption prescribed by
this Ordinance has been denied by the City Council such
netition cannot be renewed for one year thereafter unless
It be signed by the ol'-•
'-ners of a,t least fifty per cent
property o
(50%) of the pro -.,iners who previously objected to
i
the change; this provisJon, however, shall not prevent
the City Co-..)ncil fror-,i acting on its ow.'i initiative in
any case or at any time as provided in this section.
Section 23. VIOLATIONS AND PENT-LULLS: Any person., firm
co-partnership, corporation., or other association of persons,
whether acting directly or through employees or agents, that
violates, disobeys, omits, negle, ts, refuses to comply with, or
resists the en-l-'orcement o' any provis_on of this ordinance shall be
deemed tlty of a misdemeanor and unon conviction thereof shall
,for eaA off'ens-el' be fined a sum ±aot -
exceeding one hundred dollars
,100.00) or imprisonment in Vl.e City or C(),jnty jail for a term not i
to exceed thirty
Section 24. VALIDITY: Sho,ild any -)art or provision of
Vhls ordinance be held by any court of competent jurisdiction to be
,invalid, such decision shr-11 not affect t1io validity of the re-
anainder of the ordinance.
Sootion 25. OONFLICTING ORDINAT-40ES: That Ordinance No.
499 entitled "An ordinance regulatingr size of build.ln�_rs and other
structures; the size of Yards, courts, and other open spaces; the
density of population; tfie location and use of buildings, structure,6
and land for trade, industry, residence o:i� other purposes, establish-
ing the boundpries of districts deemed best suited to carry out thei
'r)ur,F--)ose of ordinance; requiring
the Issualice of building per-
mits before the, ercetion, Construction, reconstruction, conversion,
al t e ra t Ion, enlrrgement, extension,, raising or moving of any build-
ing or structure, and providlnr� ")enalties for the violation of the
same", adopted by the City Council on the 13th da- of March, 1939,
be and the sr--.me is hereby repealed, and all ordin"ances, or parts
of trdinances In conflict --lvrith any of the provisions of this
ordinonce shall, grivn- Ilay- to and be 'superseded by this ordinance,
providin- however,owever, that such repeal shall not in any way affect
any act heretofore committed in violation of such ordinance or
ordinances so repealed, or any prooeedin-s now �)ending. thereunder,
L)
but all su(1h offenses �ieretofore conmitted a-�V_Lnst the provisions
of such ordinance or ordinenoes may be prosecuted a-rid punished
the same as if said, ordin�--ince or ordinances were In full force
or effect.
Section 26. V1HP21 EF17ZOTIVE: 7rds Ordinance shall be in
full force Rnd effect from and after Its -r)assage and publication
as Provided by law.
Pasn,ed th.'Ls 1st day of February 1943.
Mayor
Attest: H. B. Manning
0)�y Qierk
J. N. rather
Published
Moved by MacDonald, seconded by Spangler that Ordinance No. 583,
Zoning Ordinance, be passed on its first reading.
Voting Aye: Spangler, Lawlor, Acheson, MacDonald and Palmer.
Voting Nay: McCormick.
Moved by Spangler, seconded by Lawlor that the rules by suspended
and the second and third readings omitted and Ordinance No. 583,
Zoning Ordinance, be placed on its final reading.
Voting Aye: Spangler, Lawlor, Acheson, MacDonald and Palm::r.
Voting Nay: McCormick.
Moved by Palmer, seconded by MacDonald that Ordinance No. 583,
Zoning Ordinance, do now pass .
Voting Aye: Spangler, Lawlor, -cheson, MacDonald and i'almer.
Voting Nay: McCormick.
Mayor declared Ordinance No . 583, Zoning Ordinance, duly passed.
I, J. W. Prather, City Clerk of the City of Ames, Iowa, do hereby
certify that the above and foregoing Ord. No . 583 was duly and
properly* passed at a meeting of the City Council on the 1st day
of February 1943, and published in the book of ordinances entitled
"Revised Ordinances of 1942 of the City of Ames, Iowa" .
�W. Prather, City Clerk