Loading...
HomeMy WebLinkAbout~Master - Regulating Buildings, Repealing Ordinance 583, 648, 656, 660, 723 ROOK_£!� _..PAGU!° Intistr. #8M0 Fee $20,00 ORDINANCE NO. 853 AN ORDINANCE REGULATING THE SIZE OF BUILDINGS AND OTHER rs`r STRUCTURES; THE SIZE OF YARDS, COURTS, AND OTHER OPEN SPACES, THE PORTION OR PERCENTAGE OF LOT THAT MAY BE OCCUPIED; THE DENSITY OF POPULATION; THE LOCATION AND USE OF BUILDINGS, t STRUCTURE'S,. AND LAND FOR TRADE, ,INDUSTRY, RESIDENCE OR e. OTHER PURPOSES; ESTABLISHING THE BOUNDARIES OF DISTRICTS �., DEEMED BEST SUITED TO CARRY OUT THE PROV,IS,IONS OF THIS ORDINANCE REQUIRING THE ,ISSUANCE OF BUILDING PERMITS BEFORE .' V THE ERECTION, CONSTRUCTION,. RECONSTRUCTION, CONVERSION, )' ALTERATION, ENLARGEMENT, EXTENSION, RAISING, OR MOVING OF ANY BUILDING OR STRUCTURE; DEFINING CERTAIN TERMS; PROVIDING \FOR A MANNER OF AMENDMENT OF THIS ORDINANCE; REPEALING ORDINANCES NOS. 583, 648, 656, 660, 723 AND ALL OTHER ORDINANCES J OR PARTS OF ORDINANCES ,IN CONFLICT HEREWITH; AND PROVIDING PENALTIES FOR A VIOLATION OF .ITS PROVISIONS, WHEREAS, the city council of the City of Ames, Iowa, deems it nesessary in order to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote health and general welfare; to provide adequate light and air, to avoid undue crowding of population; to facilitate the adequate provisions of transportation, water, sewage, schools, recreational facilities and other public requirements; to conserve the value of property and encourage the most appropriate use of land throughout the city in accordance with a comprehensive plan; NOW, THEREFORE, Be .It Ordaned by the City Council of Ames, ,Iowa; Section 1. Short Title: This ordinance shall be known and may be cited and refemd to as the "Zoning Ordinance" to the same effect as if the full title were stated. Section Z. Definitions: For the purpose of interpreting this ordinance, certain words, terms, and expressions are herein defined. Words used in the present tense include the future; the singular number includes the plural and the plural includes the singular; the word "building" includes the word structure and the word shall is always mandatory. Section 2. 1. Accessory Building. Any building which is subor- dinate to the main building on the lot, not attached thereto and used for purposes customarily incidental to those of the main building. Private garage are accessory buildings. Section 2. 2. Alley. For the purpose of this ordinance a public thoroughfare not more than twenty-four (24) feet in width, for the use of vehicles. Section Z. 3. Alteration, Structural: Any change in the support- ing members of a building, such as bearing walls, partitions, columns, beams, or girders. The enlargement of the size or height of a building shall be construed to be a structural alteration. Section 2. 4. Attic. A space under a gable, hip or gambrel, or other roof, the finished floor of which is, or would be, at or entirely above the level of the wall plates of at least two (2) exterior walls, and the height of which, from the floor level to the highest point of the roof, does not exceed ten (10) feet. Section 2. 5. Basement: A "basement" is a story partly underground but having at least one-half (1/2) of the height of one or more wall above the highest level of the adjoining ground. A basement shall be counted as a story under the provisions of this ordinance. Section 2. 6. Block Frontage: The frontage of lo'cs facing the street under consideration which are comprised between two (2) adjacent streets or between a street and the adjacent corporation line. Section 2. 7. Board. Where the word board is used in this ordinance it shall be construed to mean the board of adjustment. Section 2. 8. Boarding or Lodging House. A building, other than a hotl, fraternity house or sorority house, where meals are regularly served or lodging furnished for compensation to more than five (5) persons not member s of the family ther e r e siding. Section 2. 9. Building. A structure having a roof supported by columns or walls for shelter, support, or enclosure of persons, animals or chattels. When separated by division walls from the ground up without openings, each portion of such structure shall be deemed a separate building. Section 2. 10. Building, Height of; The perpendicular distance measured in a straight line from the curb level to the highest point of the roof beams in the case of flat roofs, and to the average of the height of the roof in the case of pitched roofs, the measurement in all cases to be taken through the center of the front of the house. Where a dwelling is situated on ground above the curl level such height shall be measured from the level of the adjoining ground, provided the distance from the building to the street line is not less than the height of adjoining graujad, provided the distance from the building to the street line is not less than the height of adjoining ground above the curb level. Where a dwelling is on a corner lot and there is more than one grade or level, the measurements shall be taken from the main tentrance elevation. Section 2. 11. Building Line. A bUlding set-back line shall be a line as established under the provisions of Section 368. 10, Code of Iowa, 1954. Section 2. 12. Building Wall. The wall of the principal building forming a part of the main structure. The foundation walls of unenclosed porches or piazzas, steps, walks and retaining wall or similar structure shall not be considered as building walls under the provisictis of this ordinance. Section 2. 13. Court. An open, unoccupied space on the same lot and fully enclosed on at least three (3) adjacent sides by walls of the building. An outer court is any court facing for its full required width on a street, or on any other required open space not a court. Section 2. 14. Cellar. A story having more than one-half (1/2) of the height of all walls below the highest level of the adjoining ground. A cellar shall not be consider ed as a story for the purposes of this ordinance. Section 2. 15. Curb Level.'Ihe. mean level of the curb or the established curb grade in front of a lot. Section 2. 16. District. A section or sections of the area of the City of Ames for which regulations governing the use of buildings and premises r the height and area of buildings are uniform. Section 2. 17. Dwelling, Single Family. A detached building arranged, designed, or intended to be occupied as the residence of a single amily and having no party wall in common with an adjacent house or houses. Section 2. 18. Dwelling, Two-Family. A detached building that is rranged, designed, or intended to be occupied as the residence of but two (2) amilies or housekeeping units living independently of each other. Section 2. 19. Dwelling, Multi-Family. An apartment house r dwelling used or intended to be used or occupied as a residence of three (3) r more families or housekeeping units living independently of each other. Section 2. 20. Enforcing Officer. The city manager of the City of Ames, Iowa. Section 2. 21. Family. A group of individuals living and cooking ogether on the premises as one (1) housekeeping unit, but a family shall not .include a group of more than five (5) individuals not related by blood or marria e. Section 2. 22. Frate-_nity or Sorority House. A building, other than a hotel that is arranged, intended or designed to be occupied as a residence for a club or more than five (5) members there residing. Section 2. 23. Garage Private. An accessory building or portion of a building in which one (1) or more motor vehicles are housed, but in which no business service or industry conne6ted with motor vehicles is carried on other than the leasing of space as is permitted herein. Section 2. 24. Garage, Public. A building or portion of a building in which motor vehicles are equipped for operation, repaired, stored, or kept for remuneration, hire, or sale. Section 2. 25. Gasoline Service Station. A building or portion of a building used chiefly in connection with tanks, pumps and other appliances, for supplying motor vehicles with gasoline, oil, compressed air, water and similar supplies, but not for the purpose of making repairs. When the dispensing, sale, or offering for sale of motor vehicle fuel at ret4i is inci- dental to the conduct of a public garage, the premises shall be classified as a public garage. Section 2. 26. Hotel. A building occupied as the more or less temporary abiding place of individuals who arelodged with or without meals and in which there are more than twenty--five (25) sleeping rooms usually occupied independently. Section 2. 27. Junk Yard. An area of any lot or parcel of land which is used for the storage, abandonment or keeping of junk, including scrap metals or scrap materials, or for the abandonment or dismanteling of machinery, motor vehicles, or other vehicles, or parts thereof. Section 2. 28. Lawful Use. The use of a building or land which existed on June 1, 1925, or for which a zoning permit has been issued thereafter. Section 2. 29. Lot. A lot is a parcel of land under one (1) ownership on which a principal building and its accessories are placed, together with the required open spaces, having its frontage upon one (1) or more streets or an officially approved place. Section 2. 30. Lot, Gorner. Lots conforming to the requirements of the following specified conditions shall be considered as corner lots under the provisions of this ordinance; (a) A lot fronting on two (2) intersecting streets which form an interiov'angle of one hundred and thirty.-five degrees (135 0) or less and whic lot has a frontage of not less than 25 feet on each of such streets. (b) A lot located at the angle in a street where the interior angle formed by the intersection of the street lines is one hundred and thirty--five degrees (1350) or less and which lot has a frontage of not less than 25 feet on each leg of such angle. Section 2. 31. Lot Depth. The distance from 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. Section 2. 32. Lot Width. The distance between the side lot lines. In the case of a lot of irregular shape, the mean width shall be the lot width. Section 2. 33. Lot, Interior. An interior lot is any lot other than a corner lot. Secction 2. 34. Lot, Through. A lot running through the block from street to street.. Section 2. 35. Lot, Line, Front. In the case of an interior lot, abutting on only one street, the front lot line is the street line of such • 1 street. In the case of any other lot, it may be such street line as is elected by the owner to be the front lot line for the purpose of this ordinance. Section 2. 36, Lot Line, Rear. That boundaryline which is opposite and most distant from the front line. Section 2. 37. Lot Line, Side. Any boundary line not a front lot line or a rear lot line. Section 2. 38. Motel. A permanent building or group of buildings designed or arranged primarily for temporary occupancy, so laid out as to provide space for parking vehicles used by the traveling public. Such building or group of buildings may include quarters of a more permanent nature for the use of operating personnel. Section 2. 39. Mobile Home Parks. A mobile home park shall mean any site, lot, field or tract of land upon which two or moreoccupied mobile homes are harbored, either free of charge or for revenue purposes, and shall include any building, structure, tent, vehicle, or enclosure used or intended for use as a part of such mobile home park. Section 2, 40, Non-conforming Use. The lawful use of a building or land on the effective date of this ordinance or amendment thereto, which use does not conform to the provisions of this ordinance for the district in which it is located, Section 2. 41. Official Zoning Map. The official zoning map shall be that map on file in the office of the city clerk of the Cityof Ames, and all references hereafter to said official map shall mean the map just referred to. Said map by this reference thereto being made a part of this ordinance. Section 2. 42. Parking Space. A surfaced area, enclosed or unenclos d, on the lot sufficient in size to store one (1) automobile, together with a drivewa connecting the parking space with a street or alley. Section 2. 43. Place, Public. An open or unoccupied public space-_=_1 c than twenty (20) feet in width which is permanently reserved for the purps _I of access to abutting property. Section 2. 44. Parch, Open. A roofed structure, open on two (2) or more sides, projecting fromlthe front, side or rear wall of the building. An open porch may be enclosed by removable storm windows for periods not exceeding seven (7) months in any twelve (12) months period. Section 2. 45, Public Notice. The publication of the time and place of any public hearing not less than fifteen (15) days prior to the date of said hearing in one (1) newspaper of general circulation in the municipality. Section 2. 46. SLory. A story is that part of a building comprised between any floor and the floor or attic next above; the first story of a building is the lowest story having at least one-half (1/2) of its height of one or morewalls above the highest level of adjoining ground. Section 2. 47. Street, Public. A public thoroughfare more than twenty--four (24) feet in width. Section 2. 48. Street, Front. The street or public place upon which a plot abuts. If a plot abuts upon more than one street or public place, it shall can the street designated as the front street in the owner's application for a building permit. Section 2. 49. Street Line. The dividing line between a lot anda public street, alley or place. Section Z. 50. Street Wall. The wall of the building nearest the stre under consideration. Section 2. 51. Tea Room. A tea room is a place other than a restaurant, hotel, fraternity house, sorority house, boarding or lodging house where meals are served for compensation to groups of persons by appointment or advance reservation. Section 2. 52. Yard, Front.. The required space, unobstructed to the sky, open for the whole width of the lot extending from the nearest part of any building on the lot to the front lot line excluding cornices, eaves, gutters or chimneys projecting not more than thirty (30) inches, steps, bay windows, or similar features not extending through more than one storyand which do not aggregate more than one-third (1/3) of the width of the frontage of the building, and vestibules not more than one story in height and extending more than three (3) feet beyond the front wall of the principal building, one story open porches eight (8) or less feet in width. Section 2. 53. Yard, Rear, The required open space, unobstructed to the sky, extending along the rear lot line (not a street line) throughout the whole width of the lot to the rear of the principal building, excluding cornices, eaves, gutters, chimneys projecting not more than thirty (30) inches, uncovered steps, open porches, not more than one story in height and eight (8) feet in width and accessory buildings, Section 2. 54. Yard, Side. The required open space, unobstructed x to the sky, extending along the side lot line from the front yard to the rear yard, excluding cornices, eaves, gutters, Chimneys, bay windows, and open ng three (3) feet in width, or similar features extending no perches not exceedi more than one story in height which project into the side yard but are thirty (3 ) inches or more from the adjacent lot line. Section 3. Districts. (a) For the purpose of this ordinaAcethe City of Ames, Iowa, is hereb divided into six (6) classes of districts, as follows: "A" Districts -- (Residence) "AB" Districts -- (Limited Multiple Residence) "B" Districts -- (Multiple Residence) "C" Districts --(Local Business) "D" Districts--(Business and Light Industry) "E" Distracts--(Heavy Industry) (b) The various districts and their boundaries are hereby established as shown on the official zoning map of the City of Ames and Vh,0; with all its designations, is hereby declared to be a part of this ordinance. Section 4. District Boundaries. The boundaries of the various districts established by this ordinance are street lines, alley lines, property lines, lot lines, or other lines shown on the official zoning map. Where boundaries are approximately indicated as property or lot lines, the true locations of such lines shall be taken as the boundarylines. Where the distanc to any boundary line from a street line, property line, or lot line is indicated by the official zoning map, such measurement shall control. Section 5. General Regulations. The following general regulations shall apply to the provisions of this ordinance. Section 5. 1. Permit Required. Except as hereinafter provided, no building or part thereof shall be erected, constructed, reconstructed, converted, altered, enlarged, extended, raised, moved or used, and no land shall be used except in conformity with the regulations herein prescribed for the district in which such building or land may be situated and until a building permit has been issued by the enforcing officer as provided herein. Section 5. 2. Restrictions On Use. Unless otherwise specified, no use shall be permitted in any district which is prohibited in any less restricted district, and unless otherwise provided herein, no use permitted in a more restricted district shall be prohibited in a less restricted district. Section 5. 3. Building Frontage. The principal building on a lot shall front on a street or a public place. Section 5 . 4. Yard and Ar ea Requir ements. No yar d or other open space provided about any building for the purpose of complying with the provisions of this ordinance shall be considered as providing a yard or open space for any other building, nor shall the lot area per family be reduced in any manner except in conformity with the area regulations herein established for the distrizt in which such building is located. Section 5. 5. Method of Yard Measurements. The depths of front or rear yards and the width of side yards shall in 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 where building lines as provided b�r section 368. 10 of the Code of Iowa, 1954, have been established and in such event the depth of yards shall be measured from said building line. Sect ion 5. 6. Required Areas May Not be Reduced. No lot shall hereafter be so reduced in area that any required yard, court, or other open space will be smaller than is prescribed in this ordinance for the district in which it is located. Section 5. 7. Subdivision Required. Not more than two (2) dwellings are permitted on any lot, tract, or parcel of land until the same has been subdivided in accordance with chapter 409 of the Code of Iowa, 1954. Section 5. 8. Residences in Rear of Principal Building Prohibited. No building in the rear of any principal building on the same interior lot shall be used for residence purposes. Section 5. 9. Lot Areas Required. Each lot upon which a dwelling is to be erected or enlarged in any "A" District, any "AB" District or any "B" District shall provide a lot area per family not less than those specified hereafter: One-family dwellings, 5, 000 square feet Two-family dwellings, 3, 000 square feet per family, or 6, 000 square feet. Three through siy-fa n Ods elan 6eotn corner lots, 6, 000 square feet/For eac fam ly above two, and for interior lots, 6, 000 square feet plus 1, 800 square feet for each family above two. Seven families and above, 1, 800 square feet per family. Section 5. 10. Bolding Classification. Any portion of a building which is covered by a roof and which is enclosed on three (3) or more sides shall be considered as a part of the building. Section 5. 11. Frontage on Corner Lots. The owner of a corner lot may elect to front the principal building on such lot on either of the two (2) streets upon which the corner lot abuts, provided that the principal entrance to such building shall open on the street so selected. Where any such election is manifestly contrary to the established character or welfare of the neighborhood, the enforcing officer shall thereupon refuse the permit and refer the case to the board of adjustment, herein established, for a decision, as provided in section 36 of this ordinance. Section 5. 12., Minimum Width of Lot at Building Line. No permit shall be issued for a dwelling in a residence district if the lot upon which said dwelling is to be erected has less than a front yard width of fifty (50) feet at the front building line of the dwelling on the lot, or less than thirty-fiv (35) feet at the front lot line, excepting existing platted lots not less than forty (40) feet at the front building line of the dwelling on the lot as of the date this ordinance becomes effective. Section 6. Provision For Off-Street Parking. Off-street parking shall be provided for use in conjunction with occupancies of buildings, constructed, converted or remodeled as hereafter defined. Off-street parking space for single family, two family, or multiple family dwellings shall be provided within the dwelling or on the premises of the dwelling. Off-street parking space for other buildings shall be provided within the building, on the premises, or on a permanently reserved space on another lot any portion of whichis within two hundred (200) feet of said building. Sectinn 6. 1. Off-Street Parking For Dwellings. One off-street park ng space shall be provided for each family occupying a single family, two family, or multiple family dwelling. Section 6. 2. Off-Street Parking For Hotels, Motels, and Lodging Houses. (a) Hotels hereafter erected shall provide one (1) off-street parking space for each living unit and one (1) such parking space for eachtwo (2) sleeping rooms. (b) Motels and lodging houses hereafter erected shall provide one (1 off-street parking space for each individual sleeping or living unit. a (c) Off-street parking space shall be provided for any increase in occupancies in existing buildings in the same rates as set forth in (a) and (b) above. Section 6. 3. off-Street Parking For Places of Public s-assembly. (a) Churches, schools, auditoriums, theatres, stadiums, or other similar places of public assembly hereafter erected shall provide one (1) off street parking space for each ten (10) seats of the audience seating capacity provided in the main auditorium or stadium. (b) Off-street parking space shall be provided for any increase in seating capacity, in existing buildings of public assembly, in the same rates as set forth in (a) above. Section 6. 4. Off-Street Parkingfor Conrrnercial and Office Buildings (a) Commerc1al buildings, including professional and private office any "C" district shall provide one (1) off-street buildings hereafter erected in parking space for each three hundred (300) square feet of floor area in the building. (b) Off-street parking space shall be provided for any increase in floor area in existing buildings in the same rates as set forth in (a) above. Section 6. 5. Off-Street Parking for Welfare Institutions. (a) Hospitals, clini&s, sanitariums, dispense areas, public welfare institutions, and nursing and rest homes hereafte erected shall provide one (1) off-street parking space for each five hundred (500) square feet of floor area in the building. (b) Off-street parking space shall be provided for any increase in floor area in existing buildings in the same ratio as set forth in (a) above • t Section 6. 6. Off-Street Parking Space for Lodges, Fraternity and Sorority Houses, Student Centers, etc. (a) Lodges, fraternal and veterans organizations, fraternity and sorority houses, student c4nters and buildings with similar occupancies hereafter erected shall provide one (1) off--street parking space for each three hundred (300) square feet of floor area in the building. (b) Off-street parking space shall be provided for any increase in floor area in existing buildings in the same ratio as set forth in (a) above. Section 7. Provision for Off-Street Unloading. Any business or industrial building hereafter erected in any district shall provide adequate off-street facilities for the loading and unloading of merchandise and goods within or adjacent to the building in such a manner as not to obstruct freedom of traffic movement on the public streets or alleys. Buildings abutting on alleys twenty-four (24) feet in width shall be deemed to have such adequate unloading facilities. Section 8. Use Regulations for ''A" Districts. (Residence). Within any ;'A" District, unless otherwise provided in this ordinance, no building or land shall be used for other than one or more of the following purposes: (a) Single or two family dwellings: Nothing herein shall prevent the serving of meals to five (5) or less persons not members of the family there residing or the renting of rooms to five (5) or less persons or both, provided there is no display of advertising. Not more than two (2) families may occupy one (1) principal building on a lot in an "A" district. (b) Offices or studies of professional persons, orspace for home occupations not involving in any case the conduct of a busines s on the premises, provided that any such activity may only be carried on in the building which is used as the private dwelling of the proprietor, provided further that any such activity shall not occupy more than fifty per cent (50%) of the floor area of one (1) story of such building, provided further that not more than one (1) person not a member of the family there residing shall be regularly employed in addition to the proprietor, provided further that there shall be no display of goods and no advertising on the premises other than a small sign not to exceed two (2) square feet in area and carrying only the name and occupation of any occupant of the premises, provided further that the building or premises occupied shall not thus be rendered objectionable or detrimental to the residential character of the neighborhood dui to the exteri r 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 customary in buildings for residential use. (c) Churches, schools, elementary and high, public libraries or public museums, excepting those, a chief function of which is a service or activity conducted or customarily conducted for gain. (d) Playgrounds or parks not conducted as a business. (e) Farms, tru&k gardens, orchards, and wood lots. (f) Horticultural nurseries and greenhouses for the propagation of plants only, provided there is no display of advertising or of plants other than gr owth. (g) Real Estate signs advertising for sale, rental or lease only ~ the premises, lots or tracts on which they are located as provided in section 15 of this ordinance. (h) Announcement signs and bulletin boards. (i) Private garages and accessory buildings as provided in sections 14.1 and 14. 3 of this ordinance. G x sa (j) Off-street parking lots. (k) Children's homes or similar institutions not operated for pecuniary profit, provided, however, such homes are located on a tract of land of not less than two (2) acres devoted exclusively to such use, and the requirements of sections 5. 3, 5. 4, 5. 5, 5. 7, 5. 8 and 5. 9 shall not apply, but in no event shall the provisions as to side yard, rear yard, or front yard depths as prescribed by this ordinance for a chuck, school, library, museum, hospital, or similar institution be waived. Section 9. Use Regulations for «AB" Districts. (Limited Multiple Residence). Within any "AB" district, unless otherwise provided in this ordinance, no building or land shall be used for other than one or more of the uses herein specified as permissible in "A" districts, or for other than one or more of the following purposes: (a) Multi-family dwellings not exceeding six (6) families. (b) Private garages and accessory buildings under conditions as specified in sections 14. 1, 14. 4 and 14. 3 of this ordinance as amended. Section 10. Use Regulations for "B" Districts (Multiple Residence). Within any "B" district, unless otherwise provided in this ordinance, no building or land shall be used for other than one or more of the uses herein specified as permissible in "Alt or "AB" districts, or for other than one or more of the following purposes: (a) Multi-family dwelling. (b) Fraternity or sorority. (c) Boarding or lodging houses and tea rooms, provided that there be no conspicuous advertising signs. (d) Private garages and accessory buildings under conditions as spec-ified in sections 14. 1, 14. 2 and 14. 3 of this ordinance. (e) Municipal, state or federal buildings. (f) Hospitals, clinics, sanitariums, nursing and rest homes, dispensaries and charitable institutions (except penal or correctional institutions). (g) Clubs, lodges, or social or community buildings, excepting those a chief function of which is a service or activity conducted or customarily conducted for gain. (h) Funeral homes, Section 11. Use Regulations for "C" Districts (Local Business). Within any "C" district no building or land shall be used for other than one or more of the uses herein specified as permissible in "B" districts or for other than one or more of the following purposes, provided they are retail stores or shops where goods are sto2ed or displayed for sale or services rendered whcll within a building, and where nothing is fabricated, manufadtured, converted or altered except for such retail trade. A portion of any store or shop may be arranged and used as a dwelling. (a) Bakery goods shop (b) Bank (c) Barber shop or beauty parlor (d) Book or stationery store (e) Confectionery store (f) Custom dressmaking or millinery store (g) Drug store (h) Dry goods or notions store (i) Florist or gift shop (j) Grocery, fruit or vegetable store (k) Hardware or electric appliance store (1) Jewelry Store (m) Meat market or delicatessen store (n) Offices, business or professional (o) Photographer (p) Private garages as provided in 14. 1, 14. 2 and 14. 3. (q) Shoe store or shoe repair shop (r) Store for collection and distribution of laundry and dry cleaning articles, but not for the treatment, clean}ng or processing of such articles. (s) Custom tailor shop, clothing or wearing apparel shop (t) Restaurants and cafes (u) Other uses similar to the above. Section 12. Use Regulations for "D" Districts. (Business and Light Industry. ) Within any "D" district no building or land shall be used for other than one or more of the uses herein specified as permissible in "C" districts, or for other than one or more of the following purposes: (a) Offices. (b) Financial institutions. (c) Amusement enterprises, such as dance halls, skating rinks, concert halls and theatres. J (d) Studios. (e) Fire stations and public convenience stations, (f) Gasoline service stations. (g) Freight and passenger stations, truckterminals andwarehouses. (h) Bus depots. (i) Telephone exchange. (j) Hotels and Motels. (k) Telegraph offices. (1) Restaurants and lunch counters. (m) Printing shops. (n) Public garages. ' Y (o) Any light manufacturing or light industry which is carried on entirely within buildings, which is not noxious or offensive du to the emission of odors, gas, smoke, dust or noise, which is not a menace to public health and safety, 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. (q) Mobile home parks. (r) Private garages and accessory buildings as provided in section 14. 4. (s) Used car sales lots. (t) Mobile home sales lots. Section 13. Use Regulations for "E" Districts. (Heavy .Industry). Within any "Ell district no building or land shall be used for other than one or more of the uses herein specified as permissible in "D" districts, or for other than any trade , industry or purpose wh�his not noxious or offensiv due to the emission of odor, gas, smoke, dust or noise, or which is not a menace to publi8 health or safety. Section 14. Garages and Accessory Buildings. Private garages and accessory buildings shall conform to the following requirements: Section 14, 1. Garages and Accesory Building in "A" Districts. In any "A" district a private garage is permitted in the side or rear yard on the same lot with a dwelling, either as a separate building or in a separate room within, or attached to the dwelling, provided that space for not more than three (3) motor vehicles is permitted on one lot. When wholly or partia ly within the limits of the side yard and attached to or a separate room with a principal building, such garage shall be considered as a part of such princip 1 building and shall conform to all yard and space r quirements as specified in this ordinance for principal buildings. When wi olly or partially within the limits of a rear yard and attached to or a separate room within a principal building such garage, if one (1) story in height, m y extend into the rear yard the distance its rear wall is beyond the rear �vvall of the principal building. Space for three (3) or less motor vehicles may be leased to other than residents on the premises. Section 14. 2. Garage and Accessory Buildings in "AB", "B" and "C" Di.stricots. In any "AB" district, "B" district or any "C" Districts, private garages, or ,accessory buildings are permitted under the regulations prescribed for "A" districts, except that for private garages a space for not more than ten (10) motor vehioles may be provided, and except that space for not more than three (3) motor vehicles may be leased to others than residents on the premises. Section 14. 3. Regulations Applying to Garages and Accessory Buildings in "A", "AB", "B", and "C" districts. The following requirement shall apply to all private garages and accessory buildings in "A", "AB", "B", and "C" districts. I . Each detached private garage or accessory building shall be not less than two (2) feet from a party lot line or alley line, except that when any part of such accessory building is within fifty (50) feet of any street or public place upon which the lot abuts, such building shall be not less than six (6) feet from any lot line which serves as the front portion of a side lot line to any adjoining property, A. No detached garage or accessory building is permitted within he limits of a front yard in any "A", "AB", "B" or "C" districts. 3. If any portion of a detached garage or accessory building is within side yard of a principal building on the same lot such detached garage or ccessory building shall not be nearer to the side lot line than would be require or the building wall of a principal building on the same lot. In interpreting thi egulation each twelve (12) feet in height of the accessory building shall be considered a story. 4. A detached garage may be erected across a common lot line by utual agreement of the adjoining lot owners. 5. Accessory buildings within a rear yard may not occupy more han one-third (1/3) of such area. 6. No detached garage or accessory building may be placed in any ear yard or any side yard so that any part of such building is nearer a street ine than is permitted for a wall of a principal building on the same lot. Section 14. 4. Garages and Accessory Buildings iin ''D" and "'E" istricts. In any "D" district or any "E" d}strict, public or private garages, or acgessory buildings are permitted on any part of the lot. Section 15. Signs Advertising Real Estate. Real estate signs adver- ising for sale, rental or lease only, the premises, lots or tracts on which the re located are permitted in all distric-ts, provided such signs shall be distant s far as possible from abutting property and at least twenty-five (25) feet rom any street line, or not more than five (5) feet in front of any principal uilding which is set back less than thirty (30) feet from the street line. The area in square feet of any such sign shall not exceed one-tenth (1/10) of the continuous street frontage in feet of the lot or tract, except that a sign not exceeding eight (8) square feet in area shall be permitted in any case. Section 16. Announcement Signs - Bulletin Boards. In any district nnouncement signs or bulletin boards are permitted, provided such signs or oards do not exceed sixteen (16) square feet in area and are erected upon the remises of a charitable, religious or public institution for its own use, and are not erected within twenty-five (25) feet of a street line. Section 17, Poster Boards and Advertising Signs. In I'D" and "E'r istricts poster boards and advertising signs are permtted where such boards and signs conform to the ordinance requirements of the City of Ames. Section 18. Non-conforming Uses. The following provisions shall apply to the non-conforming use of buildings and land in the City of Ames: Section 18. 1. Non-conforming Use May Be continued. The lawful use of a building existing on the effective date of this ordinance, although such use oes not conform to the provisions hereof, may be continued, but if such non- conforming use is discontinued, any future use of said premises shall be in conformity with the provisions of this ordinance. Section 18. 2. Non-conforming Use May Be Extended. A building which is non-conforming on the date this ordinance becomes effective, may e extended, provided, such extension does not violate any of the yard or Il area requirements of this ordinance, or create or enlarge a non-conforming se in the district in which such building is located. Section 18. 3. Nonconforming Use Reconstructed. Nothing in this ordinance shall prevent the reconstruction of a non-conforming building estroyed by fire or other calamity or prevent the continuance of the use of such building or part thereof as such use existed at the time of such destructio ; rovided that any reconstruction of such building shall be begun within six (6) months after such destruction and shall be diligently prosecuted thereafter. Section 18. 4. Non-conforming Uses Substituted„ The substitution of one non-conforming use for another will be permitted when such substitute use will not increase congestion in the street, or endanger the health, safety, morals or general welfare of the district in which it is located. There shall be no increase in the floor area of the bulding or in the lot area to accommed to such substituted use. Section 19. Restoration of Unsafe Portion of Building. Nothing in this ordinance shall prevent the restoration of any wall or other portion of a building declared unsafe by an authorized public official. Section 20. Front Yards. The front yard depth of principal building on a lot shall conform to the following requirements: Section 20. 1. Minimum Front Yard Depth in "A" and "AB", "BIT and "C" Districts. In any "A" district, any "AB" district, any "B" district or any "C" district a front yard not less than thirty (30) feet in depthis required on each lot. Section 20. 2. Front Yard Depth in "D" and "E" Districts. No miniry um depth of front yard is required for bUldings in "D" and "E" districts. Section 20. 3. Maximum Front Yard Depth Required. No principal building on a lot shall be required to have a front yard depth exceeding fifty (50) feet. Section 20. 4. Front Yard Depth for Churches, Schools, Clubs, etc. The minimum front yard depth for a church, school, library, museum, club, social center or community building, hospital or similar institution erected or structurally enlarged in any "A" district, any "AB" district, any"B" district or any "C" district shall be fifty (50) per cent in excess of the front yard depth specified in this ordinance for principal buiBings in such districts. Section 20. 5. Determination of Front Yard Depth in "A", +IABII or "B" District. In any "A" district, any "AB" district or any "B" district the required front yard depth for a principal building located on 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 more lots in the same block and which lots are occupied by dwellings that front on the same streetas the proposed principal dwelling, shall be the average front yard depth of such existing dwellings. In computing such front yard depth existing buildings with front yard depths greater than fifty (50) feet shall be assumed to have a front yard depth of fifty (50) feet and a building with a front yard depthless than thirty (30) feet shall be assumed to have a depth of thirty (30) feet. Section 20, 6. Front Yard Depth for Buildings on Lots Adjacent to Corner Lots. In any "A" district, any " or "C" district, where the rear lot line of any cornerr lot forms thelfrontt artany of the side lot line of an adjacent lot, a building on such adjacent lot shall hav a minimum front yard depth of three-fourths (3 4 f ed by provisions of this ordinance for a lot fronting on the sahm d epth e street andr n he the same block; provided that this depth shall not be less than the required side yard depth (on the street side) of a principal building on the corner lot. Section 20. 7. Front Yard Depth for Buildings Adjacent to "C", "D'I and "E" Districts, Where a lot in any "B" district or any "A" district, any "AB" district, any "C" district adjoins a "D" district or an "E" district, the required minimum front yard depth of such adjacent lot, for a distance of fifty (50) feet from the district boundaryline, depth required for the resident portion of the sam shall be block frontage, provided, one-half (1/2) the however, that the front yard depth of a buildin as determined by this section haIl be not less than ten (10) feet. Section 21. Rear Yards. The rear yard depths for principal building on a lot shall conform to the following requirements. Section 21. 1. Minimum Rear Yard Depths in "A", "ABII, "B", and "C" Districts. In any "A"" district, any "AB" district, any "B"" district or a ny "C"" district, a rear yard not less than twenty-five_(25) feet in depth is required for a principal building on an interior lot and twenty (20) feet on a corner lot. Where such lot abuts on a rear alley one-half (1/2) the width of such alley, not to exceed ten (10) feet, shall be assumed to be a portion of the rear yard. Section 21. 2. Minimum Rear Yard Depths in "D" and "E"' Districts. .In any "'D" district or any" E"" district a rear yard not less than twenty (20) feet in depth is required where any portion of a principal building on such lot is used as a dwelling. An additional two (2) feet in depth of rear yard is required for each story above the second, any portion of which is used as a dwelling. Where such lot abuts on a rear alley one-half (1/2) the width of such alley, not to exceed ten (10) feet, shallbe assumed to be a portion of the rear yard. Where a portion of a building above the first floor is to be used as a dwelling a space not less than ten (10) feet in width shall be provided above the story so occupied, open and unobstructed for the whole width of the lot, and on irregular lots an equivalent area shall be so provided. Section 21. 3. Rear Yards for Hotels and Buildings Not Used as a Dwelling. In any "D" district or any "E" district no rear yard is required for a hotel or for a building not used as a dwelling which is two (2) stories or less in height and which abuts on a rear alley sixteen (16) or more feet in width. Where the lot upon which such building is located does not abut upon a rear all y sixteen (16) or more feet in width, a rear yard not less than ten (10) feet is required for buildings two (2) stories or less in height, which minimum width shall be increased two (2) feet for each additional story in height above two (2) Buildings more than two (2) stories in height which abut on rear alleys sixteen (16) or more feet in width shall have rear yard requirements conforming to the provisions of Section 21. 2. Section 21. 4. Rear Yard Requirements for Through Lots. (a) The provisions of sections 21. 2 and 21. 3 may be waived for buildings on through lots in "D" and "E"" districts where an equivalent open space on the lot is provided in lieu of the minimum rear yard required therein (b) The provisions of section 21.1 shall be construed to restrict the erection or structural alterations of any principal or accessory building on a through lot so as to place any principal wall of such building nearer the rear lot line of the through lot than is permitted by this ordinance were such rear lot line considered as a front lot line, Section 22, Side Yards. The side yard depths for principal building on a lot shall conform to the following requirements: Section 22. 1. Side Yards in "A'", "AB" and "B"" Districts. In any "A" district, any "AB" district, or any "B" district there shall be a side yar on each side of each principal building. The side yard for a principal buildin one (1) story in height shall be not less than six (6) feet in width, two (2) stori s ' in height not less than eight (8) feet in width and for three (3) or more stories in height not less than ten (10) feet in width. One (1) side yard may be omitte where two (2) semi-detached single family dwellings, on adjacent lots, are built at the same time with a common party wall, provided that the side yard each house opposite the common party wall shall be of a width fifty percent (50%) in excess of the minimum side yard widths specyified in this section . Section 22. 2. Side Yards in "C", "D" and "E" Districts. In any "Cl district, any "D°1 district or any "Ell district no side yards are required for commercial buildings on interior lots. Side yards,. if provided, for commercial buildings on interior lots shall be not less than five (5) feet in width. Residences on interior lots within "C"", "D" and "E" districts shall have side yards conforming to the requirement of section 20. 1, and on corne lots such side yards shall conform to the requirements of section 22. 3. Section 22. 3. Side Yards on Corner Lots in "A", "AB", and "B'T Districts. In any "A" district, any "AB" district or any "B" district on any corner lot the street wall of a principal building on the side yard shall not be nearer to the side street line than one-half (1/2) of the distance that would be required by the provisions of this ordinance were such side street line the front lot line. Section 22. 4. Side Yards on Corner Lots in "C" Districts. Commercial buildings on corner lots in "C" districts shall have a minimum side yard on the street side of the building of not less than twenty-five (25) feet, Section 22. 5. Minimum Side Yards Width for Churches, Schools, Clubs, etc. The required minimum width of side yards for a church, school, library, museum, club, social center or community building, hospital or similar institution on an interior lot in any "A" district, any "AB" district, any "B" district or any "C" district shall be twenty-five (25) feet. For such buildings on corner lots in "A" districts, "AB" districts, "B" districts and "C" districts the side yard nearest the side street shall be not less than fifty per cent (50%) in excess of the requirements specified in section 22. 3 for principal buildings on such corner lots. The side yard adjacent to an interior lot for such buildings on corner lots shall be not less than twenty (20) feet„ Section 23. Fences, Walls, and Vision Clearance, Fences, walls, and vision clearances shall conform to the following requirements: Section 23. 1. Fences and Walls in "A", "AB", "B", and "C" Distric s. ,In any "A" district, any "AB" district, any "B" district or any "C" district fences and walls not exceeding six (6) feet in height are permitted within the limits of side and rear yards. A fence or wall not 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 per cent (65%) open. In the case of retaining walls supporting embankments the above requirements shall apply only to that part of the wall above the ground surface of the retained embankment. Section 23. 2. Fences and Walls on Corner Lots in "A", "AB", "B", and "C" Districts. On any corner lot in any "A" district, any "AB" district, any "B" district or any "C" District no fence, wall, or other structure shall be erected to a height of more than three (3) feet above the elevation of the established curb grade at the intersection of the streets on thatpart of any yard which is bounded by the street lines of the intersecting streets and a line connecting two (2) points on said street lines twenty j20) feet from their point of intersection and no planting of foliage which will obstruct the view of drivers of vehicles approaching the street intersection shall be placed or maintained within such area. Section 24. Enforcing Officer. The provisions of this ordinance sha 1 be enforced by the city mana ger. Appeal of any decision of the enforging officer may be made to the board of adjustment as provided in section 37. 1 of this ordinance{ Section 25. Zoning Permits Required. It shall be unlawful to comm nee or to proceed with the erection, construction, reconstruction, conversion, alteration, enlargement, extension, raising or moving of any building or stru ctures, or of any portion thereof, without first having applied in writing to the building official for a zoning permit to do so, Section 26. Applicatinn for Zoning Permit. Each application for a zoning permit shall be in writing, on the standard forms of the city, and filed in the office of the building official. The applicati.n shall be accompanie with a plot plan of the lot upon which the building or structure is to be placed, reconstructed, enlarged or converted, showing the size of the lot, foundation c dimensions.. proposed front, side, and rear yard depths of the proposed building or structure aa'3 any other existing accessory buildings on the lot. Section 27. Issuance of Zoning Permit. If after reviewing the application the building official finds the building or structure in the proposed location complies with all of the provisions of this ordinance he shall, upon payment of the required fee as prescribed in the building code ordinance of th City of Ames, issue a zoning permit therefor. Section 28. Refusal of Zoning Permit„ If after reviewing the application the building official finds the building or structure in the proposed location does not comply with the provisions of this ordinance he shall furnish the applicant with a statement, signed by the enforcing offie.er, refusing to issue such permit and setting forth the reason for such refusal. The refusal by the zoning enforcing officer to issue a permit may be appealed by the applicant to the zoning adjustment board in the manner as provided herein. Section 29, Records. The building official shall keep a record in hi office of all applications filed, permits issued, or refused, and if refused and appealed the final action thereon. He shall keep a record in his office of all zoning permit fees collected and shall remit the amount of such fees tothe office of the city clerk each day. Section 30. Expiration of Zoning Permits. Any zoning permit, unde which no construction work has been commenced within six (6) months after thL- date of issue of said permit or under which the proposed construction, reconstruction or alteration has not been completed within two (2) years of the date of issue shall expire bjr limitation; and no work or operation shall take place under such permit after such expiration. A zoning permit may be once extended for a period not exceeding six (6) months by the zoning enforcin officer. Section 31. Board of Adjustment. A board of adjustment is hereby established, which board shall consist of five (5) members appointed by the mayor, subject to confirmation by the t ity council. Appointments to the boar shall be for a term of five (5) years. Any vacancy shall be filled in the same manner for the unexpired portion of the term. In the event of the absence fro the city or the incapacity of a member, the mayor may appoint a substitute who shall serve as a member of the board, with the same powers and authorit as the regular member, until such regular member has returned or has beco e capacitated for further service. All members shall serve without compensation. Section 32. City Clerk to Act as Secretary of Board. The city clerk shall serve as the secretary of the board. In the absence of the secretary, the chairman of the board may appoint one of the members of the board to act as secretary pro tern for the meeting. The board shall have the power to call on any city department for assistance in the performance of its duties, and it shall be the duty of such department to render such assistance as may reasonably be required. Section 33. Board May Adopt Rules and Regulations. The board ma.y adopt, from time tq time, subject to the approval of the city council, such rules and regulations as it may deem necessary to carry into effect the provisions of this ordinance. Section 34. Board Meetings - Chairman - Quorum. The board shall annually elect its own chairman at the first meeting on or after January first ofeach fiscal year. Such chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. There shall be a fixed place of meeting and all meetings shall be open to the public. The presence of three (3) members shall be necessary to constitute a quorum. The concurring vote of three (3) members of the board shall be necessary on all matters upon which it is required to pass under the provisions of this ordinance. -z s . ... Section 35. Secretary to Keep Records. p The secretary of the board shall keep minutes of its roceedings, showing the vote of each merrber upon each question. If a member is absent or fails to vote, the minutes shall indicate such fact, The board shall keep records of its examination and other official actions, which shall be on file in the office of the city clerk as a public record. Section 36. Appeals to Board of Adjustment. Appeals to the board may be taken by any person aggrieved, or by an officr, depart , of the city affected by any decision of the enforcing officer. Suc me p or boar eal the be taken within a reasonable time, as provided by the rules of the board, by filing wth the secretary of the board a written notice of a grounds thereof and the publication of the notice of appeal in a p perfof general circulation in the City of Ames as provided by the regulation of the board. Th secretary of the board shall give prompt notice of such appeal to the enforcing officer who shall forthwith transmit to the board all papers and documents constituting the record upon which the action appealed from was taken. An appeal stays al 1 proceedings in furtherance of the action appealed from, uules the enforcing officer certifies to the board after the notice of the appeal shall have been filed with him, that by reason of facts stated in the appeal a stay would in his opinion cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which ma be granted by a court of record on application of notice to the enforcing officer and due cause shown. The final d isposition of any appeal shall be in the form of a resolution y the board either reversing, modif in urination appealed from. A co Y g, or affirming the decision or deter- enforcing officer, PY of such resolution shall be filed with the Section 37. Authority of Board of Adjustment. The board of adjustme t in specific cases shall have the following powers: Section 37.. 1. Appeals From Decisions of Enforcing and decide appeals where it is alleged there is error in any ordderice equi emeen decision, or determination made by the enforcing officer in the enforcement of the provisions of this ordinance. Section 37. 2. Appeals in Special Cases,. the following special cases such variance from the eomsthor of the ordinance asin will not be contrary to the public interest, where, owing to special conditions a literal enforcement of the provisions of the ordinance will result in nnecessary hardship, and so that the spirit of the ordinance shall be observed nd substantial justice done. However, nothing herein shall be construed as iving the board the right, power, or authority to change the limits or extent of any zoning district, or to grant permission for the erection or use of any uilding or the use of any land for a purpose which is specifically prohibited er ein. (a) The erection and use of any accessory building on a lot in any "A" istrict, any "AB" district or any "B" district before the erection of a rincipal building on such a lot as provided herein: provided such use is emporary and for a period of time not to exceed one (1) year and is not used as a dwelling. (b) The extension of an existing building or use into a more estricted district immediately adjacent, under such conditions as will safe- guard the character of the more restricted district, provided that such xtension shall not be permitted more than fifty (50) feet beyond the boundary ine of the district in which such building or use is authorized, (c) The extension or enlargement of an existing use located in a istrict restricted against such use, either by the extension or enlargement of an existing building or use of land, or by the erection of an additional uilding where such extension or enlargement is necessary incident to the trade, business or industry existing on the 1st day of June, 1925, provided that such extension or enlargementwill not prove detrimental to or tend to alter the character of the neighborhood (d) The erection of buildings or the use of land not in accordance with the requirements of this ordinance, in the case of an undeveloped section of the city for a period not to exceed one (1) year in any case, where such building or uses are clearly incidental to and necessary for residential development, or are temporary only and will not tend to permanently alter the character of such section o_• any adjoining or nearby section, (e) The erection and use of a building or the use of land in any district by a public service corporation or for public utility purposes, which the board considers reasonably necessary for the public convenience or welfare. (f) To permit any use in a district that is not specifically prohibited in such district, and that is in keeping with and appropriate to the uses authorized in such district by the provisions of this ordinance. (g) The substitution of one non-conforming use for another under the limitations of section 18. 4. Section 37.3. Variances in Ordinance Provisions. The board may in specific cases upon appeal grant a variance in the literal interpretation and application of the following specified provisions of the ordinance, within the limits as set forth herein, provided such variance meets the following specifie c onditions: (1) the variance will not authorize a use that is prohibited in the district in which the property in question is located (2) the circumstances creating the need for the variance are unique to the property in question and are not caused by the owner in any way (3) the variance will not injure the use of adjacent property in the same district (a) General regulations, sections 5.10, 5. 11 and 5.12. (b) Garages and accessory buildings, sections 14.1, 14. 2 and 14. 3. (c) Real estate signs, section 15. (d) Announcement signs and bulletin boards, section 16. (e) Non-conforming use, section 18. 4. (f) Front Yards. The minimum depth requirements for front yards as specified in sections 20.1, 20. 411 and 20. 6 may not be decreased in amount more than twenty-five per cent (25%) in any individual case Up on appeal. (g) Rear Yards. The minimum requirements for rear yards as specified in sections 21. 1, 21. 2, 21. 3 and 21. 4 may not be decreased in amount more than twenty-five per cent (25%) in any individual case upon appeal. (h) Side yards. The minimum requirements for side yards as specified in sections 22.1, 22, 2, 22. 3, 22. 4 and 22. 5 may not be decreased in amount more than twenty-five (25%) in any individual case upon appeal. Section 38. Interpretation and Purpose: In the interpret on and application, the provisions of this ordinance shall be held the minimum requirements, adopted for the promotion of the public health, safety, comfort, convenience, and general welfare. It is not intended by this ordinance to repeal, abrogate, annul or in any way impair or interfere with any existing provisions of law or ordinance, or with any rule, regulation or permit n previously adopted or issued, or which shall be adopted or issued pursuant to • law, relating to use of buildings or premises; nor is it intended by this ordinance-e to interfere or to abrogate or annul any agreement betweenparties; provided, however, that where this ordinance imposes a greater restriction upon the use of buildings or premises or upon the height of buildings, or requires larger yards, courts, or other open spaces than are required by any such existing provisions of law or ordinances, or by any such rule, regulation or permit, or by any such easement, covenant or agreement, the provisions of this ordinance shall govern. Section 39. Amendments: (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 provided by ordinance, and after a report by the city plan commission or after thirty (30) days written notice to said commission amend, supplement, or change the regulations or districts herein or subsequently established. (b) Whenever the owners of fifty per cent (50%) or more of the area of the lots in any district or part thereof desire any amendment, supplement or change in any of the provisions of this ordinance applicable to such area, they may file a petition with the city clerk requesting the city council tomake such amendment, supplement or change. Such petition shall be accompanied by a map or diagram showing the area affected by the proposed amendment, supple ment or change, together with the boundaries of the said area and the names and addresses of all the owners on records in the office of the county recorder of Story County, Iowa, of lots therein and within a distance of two hurrlred (200 feet outside of the boundaries of said area; and such petition shall immediately be transmitted to the city plan commission for an investigation and report. The city plan commission shall file its recommendations approvin , disapproving or modifying the proposed amendment, supplement, or change with the city council within thirty (30) days thereafter. (c) If a written protest against any proposed amendment, supplement, or change shall have been presented to the city council, signed by the owners of twenty per cent (200/0) or more, either of the area of the lots included in such proposed change, or of those immediately adjacent in the rear thereof, extending the depth of one lot or not to exceed two hundred (200) feet therefro or of those directly opposite thereto, extending the depth of one lot or not to exceed two hundred (200) feet from the street frontage of such opposite lots, such amendment shall not become effective, except by the favorable vote of at least three-.fourths (3/4) of all, the members of the city council. (d) Whenever a petition requesting an amendment, supplement, or change of any regulation prescribed by this ordinance has been denied by the city council such petition cannot be renewed for one year thereafter unless it be signed by the owners of at least fifty per cent (50%) of the property owners who previously objected to the change; this provision, however, shall not prevent the city council from acting on its own initiative in any case or at any time as provided in this section. Section 40. Validity. Should any part or provision of this ordinance be held by any court of competent jurisdiction to be invalid,, such decision shall not affect the validity of the remainder of the ordinance. Section 41, Repeal. Ordinances Nos. 583, 648, 656, 660, 723 and all other ordinances or parts of ordinances in conflict herewith are hereby repealed, providing, however, that the repeal of the above mentioned ordinances shall not in any way affect any act heretofore committed in violati Of such ordinance or ordinances so repealed, or any proceedings now pending thereunder, but all such offenses heretofore committed against the provisions of such ordinance or ordinances may be prosecuted and punished the same as if said ordinance or ordinances were in full force or effect. Section 42. Violations and Penalties. Any person, firm, co-partners tip, corporation, or other association of persons, whether acting directly or through employees or agents, tlat violates, disobeys, omits, neglects, refuse to comply 4th, or resists the enforcement of any provision of this ordinance • shall be deemed guilty of a misdemeanor and upon conviction thereof shall for each offense be fined a sum not exceeding one hundred dollars ($100,. Do) or imprisonment in the city or county jail for a term not to exceed thirty(30) days. Section 43. When Effective. This ordinance shall be in full force and effect from and after its passage and publication as provided by law. Passed this 3rd day of July, 1956. J,, W. Prather, City Clerk J. P. Lawlor, Mayor Moved by Schilletter and seconded by Armstrong that Ordinance No. 853 be passed on its first reading„ Voting Aye: Armstrong., Judge, Smith, De Hart and Schilletter Voting Nay: None Absent: Bolton Moved by Smith and seconded by Judge that the rules governing the passage of ordinanges be suspended, the second and third readings be omitted and Ordinance No. 853 be placed on its final passage. Voting Aye: Armstrong, Judge, Smith, De Hart and Schilletter Voting Nay: None Absent; Bolton Moved by De Hart and seconded by Smith that Ordinance No. 853 do nowpass. Voting Aye: Armstrong, Judge, Smith, De Hart and Schilletter Voting Nay: None Absent: Bolton Mayor Lawlor declared Ordinance No. 853 duly adopted. I, J. W. Prather, City Clerk of the City of Ames, Iowa, do hereby certify that the above and foregoing Ordinance No. 853 was duly and properlypassed at a meeting of the City Council on the 3rd day of July, 1956 and published by codifying on the 30tn day of Aug 1957• r. I 'Y W. Prather, City Clerk LOOK--. L/ ,-PAGF 5 , i -