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HomeMy WebLinkAbout~Master - Repealing Chapter 42 Title VI of Municipal Code (Zoning Ordinance) 0 K 0 AG Instr.' '#13669' Fee $24.50 ORDINANCE NO. 937 AN ORDINANCE REPEALING CHAPTER 4Z TITLE VI OF THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA AND ENACTING IN LIEU THEREOF AN ORDINANCE REGULATING THE SIZE OF BUILDINGS AND OTHER STRUCTURES THE SIZE OF YARDS, COURTS, AND OTHER OPEN SPACES, THE PORTION OR PERCENTAGE OF LOT THAT MAX BE OCCUPIED, THE DENSITY OF POPUL - ATION , THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY, RESIDENCE OR OTHER PURPOSES. ESTABLISHING THE BOUNDARIES OF DISTRICTS DEEMED BEST SUITED TO CARRY OUT THE PRO- VISIONS OF THIS ORDINANCE REQUIRING THE ISSUANCE OF BUILDING PER - MITS BEFORE THE ERECTION, CONSTRUCTION, RECONSTRUCTION, CON- VERSION, ALTERATION, ENLARGEMENT- - EXTENSION, RAISING, OR MOVING OF ANY BUILDING DEFJ ING"CERTA.,IN TERMS, PROVIDING F FOR A MANNER 0 THIS ORDINANCE, REPEALING ORDINANCE' No. 853 AND ALL OTMWR CON- AN OR PARTS OF ORDINANCES, IN CON- FLICT HEREWITH, AND PROVIDING PENALTIES FOR A VIOLATION OF ITS PROVISIONS. WHEREAS, the City Council of the City of Ames, Iowa deems it necessary in order to lessen, congestion in the streets; to secure safety from fire, panic and ottTer dangers; to promote health and general welfare; to provide adequatelight and air, to avoid undue crowil.ing of population; to facilitate the adequate provisions of transportation, water, sewage, schools, recreational facilities and other public reqiirements; to conserve the value of property and encourage the most appropriate use of land throughout the city in accordance with a comprehensive plan; NOW, THEREFORE, Be It Ordained by the City Council of Ames, Iowa: 42-1. Short Title: This ordinance shall be known and may be cited and refe-rred to as he'Zoning Ordinanc& to the same -effect as if the full title were stated. 42-2. Definitions: For the purpose of interpreting this ordinance, certain-w-ords, terms and expressions are herein defined. Words used in the present tense include the singular; the future; the singular number includes the plural, the plural includes the word "building" includes the word structure and the word shall is always mandatory. 42-2. 1. Accessory Buildingg Any detached building which is subordinate to the main building on the same lot, not attached thereto and used for purposes custom- arily incidental to those of the main building. Private garages are accessory building 9. 42-2. 2. Advertising Signs: An advertising sign as used in this ordinance includes all structures, regardless of the material used in the construction of the same, that are erected, maintained, or used to advertise a business or attraction. 1 42-2. 3. Alley: For the purpose of this ordinance a public thoroughfare not more than twenty-four (Z4) feet in width, for the use of vehicles which affords only a secondary means of access to abutting property. 42-2. 4. Alteration, Structural: Any change in the load bearing 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. 42-2. 5. Announcement Sign: A sign or bulletin board erected on the premises of a charitable, religious, or public institution for its own use. 42-2. 6. Apartment- A room or suite of rooms, with toilet and cullinary accom- modations, used or designed for use as a single housekeeping unit, located it a building containing two or more such rooms or suites or in a building 4-evoted. to nor- residential use.`` 42-2. 7. Apothecary Shop. A sho'P OL)pr;41­4 Y 42-2.12 B.Oard-: 'Where the word board is Use6 in n it shall be construed to mean the board of adjustment. 0. iA.Mi o A space under a gable, hip or gambrel, or other roof, the-finislied floor of which is, or would be, at or entirely above the level of the wall plates of at least two (Z) exterior walls, and the height of which from the floor level to the highest point of the roof, does not exceed ten (10) feet. 42-2. 9. Basement: A "basement" is a story partly underground but having at least one-half (1/2) of the height of one or more walls above the highest level of the adjoining ground. A b�-.tsement shall be counted as a story under the provisions of this ordinance. 42-2. 10. Billboard. Any flat surface twenty(ZO) square feet or more in area, erected on a framework , or attached to posts, buildings or ot'ner structures; and used for the display of bills, posters or other advertising matter, pasted, tacked or fastened theret6. 42-2. 11. Block Fronta. f,,. The frontage of lots facing the street under-consider- ation which are comprised between two (2) adjacent streets or between a stxeet and a railway right-of-wav, a natural barrier or the adjacent corporation line. 42,-2,A2. Board.: Whet,e t+_e word boardlK is used in this ordinance, it.sbadl-b* &truced'to mean the board of adjustment. 4L'-?,. 13. Board.Jing house- A building, other than a hotel, fraternity house or soxwrity house, where meals are regularly served for compensation to more than five (5) persons not members of the family there residing. 42-2. 14. Building: A structure having a roof supported by columns or walls for shelter,, support, or enclosure of persons,, ahimals-or chattels. When separated by division walls from the ground up without openings, each portion of such structure shall be deemed a separate building. 42-2. 15. Building, Height of: The: perpendicular distance measured in a, straight line from the curb level 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 meas- urement- in all cases to be taken through the center of the front of the house. Where a dwelling is situated on ground above the curb level such height- shall be measured, from the level of the adjoining ground, at the front building wall, pro- vided 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 entrance elevation. 42-2. 16. Building Line: A building set-back line shall be a line as established under the provisions of section 368,. 10, code of Iowa, 1954. 42-2. 17. Building-Principal. A principal building is a non-accessory building- in which a principal use of the lot, on which it is located, is conducted. 42-2. 18. 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 provisions of this ordinance. 42-2. 19. Bulletin Board: See Announcement Sign. 42-2. 20. BusinxesE�-, The word "business" or "commercial" when used herein refers to the engaging in the purchases, sale or exchange of goods or services, or the operation, for profit of offices or recreational or amusement enterprises. '7(: PACE BOOK 6 42-2. 21. Convalescent Home: A building or premises in or on which care is provided for two (2) or more invalid, infirm, aged, convalescent, or physically disabled or injured persons, not including insane or other mental cases, inebriate, or contagious cases. Nursing homes are convalescent homes. 42-2. 2Z. Carport. Space for the housing or storage of motor vehicles and enclos- ed on not more than two (2) sides by wall&, and is attached to the principal build- ing. 42-2. 2"1. Court. An open, unoccupied space on the same lot and fully enclosed on at least three (3) adjacent sides by walls of the buildings. 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. 42-2. 24. Cellar: A story having more than one-half (1/21 of the height of all walls below the highest level of the adjoining ground. A cellar shall not be considered as a story for the purpose of this ordinance. 42-2. 25. Clinic, Dental or Medical: A building in which a group of physicians, dentists or ph.ysicians and dentists and allied professional assistants are associated for the purpose of carrying on their profession. The clinic may include a dental or medical laboratory. It shall not include in-patient care or operating rooms for major surgery. 42-2. 26. Club or Lodge (Private): An association of persons for the promotion of some non-profit object, who are bona fide members paying annual dues, which owns hires or leases a building, or portion thereof, the use of such premises being restricted to members and their guests. It shall be permissable to serve food and meals to members and their guests on such premises provided adequate dining room space and kitchen facilities are available and are operated in compliance with state and local municipal laws. 42-2. 27. Curb Level: The mean level of the curb or the established curb grade in front of a lot. 42-2. 28. District. A section or sections of the area of the City of Ames for which regulations governing the use of buildings and premises or the height and area of buildings are uniform. 42-2. 29. Dwelling, Detached: A detached is one which is entirely surrounded by open space on the same lot. 42-2. 30. Dwelling, Single Family., A detached building arranged, designed or intended to be occupied as the I residence of a. single family and having no party wall in common with an adjacent house or houses, not including a mobile home. A mobile home not in a mobile home park when having its running gear, wheels or other equipment designed for the transportation of said vehicle from one location to another, removed or blocked up or otherwise made stationary and used for living quarters, shall be classified as a single family dwelling. 42-2. 31. Dwelling, Two-Family: A detached building that is arranged, designed or intended to be occupied as the residence of but two (2) families or housekeep- ing units living independently of each other. 42-2, 32. Dwelling, Multi-Family. An apartment house or dwelling used or in- tended to be used or occupied as a residence of three (3) or more families or housekeeping units living independently of each other. 42-2. 33. EaforLinj Officer. The City Manager of the'City of Ames, Iowa 42-2. 34. Family: One parson living alone, or two or more persons related by blood, marriage, or legal adoption, or a group not exceeding five (5) persons living together as a single housekeeping unit as distinguished from a group of unrelated persons occupying a boarding or lodging house. 42-2. 35. Fraternity 'or Sorority House: A building, other than a_1_,nf-P1 that is arranged, intended or designed. to be occupied as a residence more than. five (5) members there residing a's established under`=_e_p`=ovi9=oniiS of section 504. 5 Code of Iowa, 1954. 42-2. 36. Garage, Private: An accessory building or portion of a building used only for the shelter and/or storage of vehicles by the occupants of the dwelling, or the leasing of space as provided herein, including covered parking space or carport. 42-2. 37. Garage, Public. A building or portion of a building in which motor vehicles are equippedfor operation, repaired, stored, or kept for remuneration, hire, or sale. 42-2. 38. Gasoline Service Station,: Abuilding 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 mot-or vehicle fuel at retail is incidental to the conduct 6i a public garage, the premises shall be classified as a public garage. 42-2. 39. Gross Floor Area: The sum of the gross horizontal areas of floors of a building, including interior balco*ies and mir.zzanines. All horizontal dimen- sions are to be between. the i,,-xterior faces of Walls. 42-2. 40. Home Occupations: An occupation or profession customarily carried on by an occupant of a dwelling unit as a secondary use which is clearly incidental to the use of the dwelling for residdntial purposes. 42-2. 41. hospital.: An institution providing health services, primarily for in- patients, and medical and surgical care of the. sick and injured, including as an integral part of the institution. such relked facilities as laboratories., central service facilities, and staff offices. 42-2. 42. Hotel: A building occupbed as the more or less temporary abiding place of individiials who are lodged with or without meals and inivhich there are more than twenty-five (25) sleeping rooms usually occupied independently. 42-2. 43. Junk Yard: An open area-'on 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 dismantling of machinery, motor vehicles, or other vehicles, or parts thereof. 42-2. 44. Laboratories, Medical or Dental: A laboratory which provides bacter- iological, biological, medical, ex-ray, pathological and similar analytical or diagnostic services to doctors or dentists. No fabricating is conducted on the premises, except the custom fabrication of dentures. 42-2. 45. 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. 42-2. 46. Lodging House. A building or portion thereof, other than a betel or motel providing rooms, or sleeping accommodations for five (5) or more persons for compensation, including rooming houses. 42-2. 47. 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. MM_9_(, --PAGE23 42-2. 48. Lot Area. The area of a horizontal plane bounded by the front, &ide and rear lot-lines. 42-2.49.. Lot, Corner. Lots conforming to the requirements of the following specified conditibns shall be considered as corner lots under t1he provisions of this ordinance: (a) A lot fronting on two (2) intersecting streets which form an interior angle of one hundred and thirty-five degrees J135 0) oT less and which lot has a frontage of not less Viar_ 25 feet on each of such streets. (b) A lot located at the angle in a 6treet where the interior angle formed by the intersection of the street lines is e,)ne 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. 42-2. 50. Lodge (See Club) 42-2. 51. Lot De-pth,. The distance fitom the front line to the rear lot line. In the case of a-lot of irregular shape, tie mean depth shall be the lot depth. 42-2. 5Z, Lot, Interior. An interior lot is any lot other than a corner lot. 42-2.53. Lot, Through. A lot running through the block from street to street. 42-Z. 54. Lot Width- The distance bet-ween the side lot lines. In the caste U a lot of irregularshape, the mean, width 91-gall be the lot width. 42-2. 55. 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 street. In the case of any other lot, it may be such, street line as is elected by the owner to be the front- line for the purpose of this ordinance. 42-2. 56- Lot Line, Rear. That boundary line which is opposite and most distant from the front line. 42-Z. 5 Lot Line. Side-- Anu bnnnc1=YAr lin� 1­ W­ 42-2 .62. Office: A �lace whe:, and duly merchandise are C not a Placp whele chat $® designer, - 01rimonly Created tels additison or room in suLa_ . �h"� �C - ing or s gad or, sold,place for one or mum_ . . Wa1, e S 0, s n and support by wheels, jacks or similar support. 42-2. 59. Mobile Home Park. A mobile home park shall mean any site, lot, field, or tract of land upon which two or more occupied mobile homes are harbored, either free of charge or for revenue purposes, and shall include any budding, structure, tent, vehicle, or enclosure used or intended for use as a part of such mobile home park. 42-2. 60. Motel. A permanent building or group of buildings designed or arranged primarily To-rtemporary occupancy, so laid ont 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. 42-2. 61. Non-coy farming Use. The lawful use of a building or land on the effective date of this ordinance or amendment therato, ,vhlch use.dries not conform to the provisions of this ordinance for the ditArict in which it is located. 4'2-2. 62. Office. A place where,.,chattels or goods, wares or merchandise are not commonly created, exchanged or sold. 42-2. 63. Official Zoning Map. The official zoning map shall be that map on file in the _e office of the City Clerk of the City of 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. 42-2. 64. Parking Lot. An area of land, a yard or other open. space on a lot used for or designed for use by standing motor vehicles, together with a driveway connecting the parking lot with a public place. 42-2. 65. Parking Space ptzb1zc Pi 4 a-rea, enclosed or unenclosed, on the lot, sufficient-in size to store;one Zf --ather with a driveway cmnecting the parking space with a aVreet or alle fc ' 'ice more than twenty- L 42-2. 66. Place, Public. An open or unoccupied pu"A67 (20) feet in-width which is permanently reserved for the purpose of access to abutting property. 42-2. 67. Porch. Open. A roofed structure, open on two (2) or more sides, pro - jecting not more than eight (8) feet within the front yard., not more than three (3) feet within a side yard, and not more than eight (8) feet within a rear yard. An open porch may be enclosed by removable storm windows for periods not ex- ceeding seven (7) months in a twelve (12) month period. 42-2. 68. Public*Notice. The publication 6f the time aad place of any public hear- ing not less than fifteen (15) days prior to the date of said hearing in one (1) news- paper of general circulation in the municipality. 42-2. 69. Pre-School. Nursery. A pre-school which provides for each pupil a, lea rat two-hundred (200) square feet of defined outdoor playing space, said space having a minimum dimension of twenty(M feet and being enclosed by a fence or wall not less than thirty - six (36) inches high or by plantings not less than three (3) feet thick and five (5) feet in height. 42-2. 70. Rest Home (See Convalescent Home) 42-2. 71 Retail Store. Goods for sale to the ultimate consumer for direct consumption and not for resale. 42-2. 72 Shop. A use devoted primarily to the sale of a service or products, but the service is performed or the product to be sold is prepared in its finished form on the premises. Packaging is not considered to be preparation. 42-2. 73. Story. 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 (112) of its height of one or more walls above: the highest level of adjoining ground. 42-2. 74 Setback. The required distance between a lot line and the closest wa.0 of a conforming structure on the lot. 42-2. 75. Street, Public. A public thorough fare more than twenty-four (Z4) feet in width. 42-2. 76 Street, Front. The street or public place upon which a plot abuts. If a plot abuts upon more than one street or public place, it shall mean the stre-e-'t designated as the front street in the owner's application for a building permit. 42-2. 77 Street Line. The dividing line between a lot and a public street, alley or place. 42-2,. 78 Street Wall. The Wall of the principal building nearest the street under consideration. BM PAGE E 5 Bou 42-2. 79 Structure. Anything constructed or erected, the use of which requires location on the ground or attached to something having location on the ground, but not including fences up to forty-two (42) inches in height, or poles and appurten- ances thereto used for the provision of public utilities. 42-2. 80. Structural Alteration. See Alteration,structural. 42-2. 81. Tea Room. A. tea room is a place other than a restuarant, hotel, fraternity house, sorority house, boarding or lodging house where meals are served for cornpeasati(,37), to groups of persons by appointment or advance reserv- ation. 42-2.82. Variance-. A modification or variation of the provisions of this ordin- ance as applied to a specAfic piece of property, as distinct from re-zoning, 42-2. 83. Yard, Front. The required apace-,, unobstructed to the sky, open for the-whole width of the extending from the nearest part of any building on the lot to the front lot line excluding cornices, eaves, gutters or chimneys projecting not more than thirty (30) inches, steps, bay windows, or similar features not- extending through more than one story and which do not aggregate more Tan 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 p--r,incipal building, one story open porcherw extending eight (8)br less feet into the front yard. 42-2. 84. Yard, Rear. The required open space, unobstructed to the sky, ex - tending along the rear lot line (not a street line) t1­r,()u0,­-' iite whole width of the - - . - -5 0 I. lot to the rear of the pkincipal, b-aildinia, . 1dil V7 aves, gutters, chirn.neys projecting nct mo T and aLr ce.S , ijn,,cvered steps, open 1 gporcheS not ja8 L g ht the4� (8) feet yerd and acces­aory b0 .dings,. 42-2..85. Yard, Side. The required open space, unobstructed to the sky, extend- ing along the side lot line from the front yard to the rear -yard, excluding cornices, eaves, gutters, chimneys, bay windows, and open porches not exceed- ing three (3) feet in width, or similar features extending not more than one story in height which project into the side yard but are three (3) feet or less from the adjacent lot line. 42-2. 86. Zoning Enforcing Officer. See Enforcing Officer 42-2.87. Zoning Permit. The permitsissued by the enforcing officer authorizing the us-e of the land for the purpose specified in the document. 42-3. Districts. (a) For the purpose of this ordinance- the City of Ames, Iowa, is -hereby divided into seven (7) classes of districts, as follows: "All Districts - (Residence) . I 11AB11 Districts - (Limited Multiple Residence) "B" Districts - (Multiple Residence) "H-M11 .Districts - (1-lospital - Medical) "C" District (Local Business) I'D" District (Business and Light Industry) "E" District (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 which with all its designations, is hereby declared to be a part of this ordinance. 42-4. District Boundaries . The boundaries of the various districts established by this ordinance are street lines, alley lines, property lines, lot lines, or other lines shown on the official zoning map. Where boundaries are approximately indicated as property or lot lines, the true locations of such lines shall be taken as the boundary lines. Where the distance to any boundary line from a street line, property line, or lot line is indicated by the official. zoning map, such measurement shall control. 42-5. General Regulations, The following general regulations shall apply to the provisions of this ordinance. 42-5. 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.. 42-5. 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. 42-5, 3 Bui1diLjp:, Frontage. The principal building on a lot shall front on a street or a public place. 42-5. 4 Yard and Area Requirements. No yard or other open space provided about any building for the purpose of complying with the provisions of this ordin- ance shall be considered as providing a yard o-r 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 tbe district in which such build- ing is located. 42-5, 5 Met1lod of Yard, Measurements, The depths of front yard or rear yards and the width of s:Cd�yar�ds 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 by 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. 42-5. 6 Required Areas May not be Reduced. No lot shall hereafter be so re- duced in area that any required yard, court, o3p other open space will be sm4ller than is prescribed In this ordinance for the district in Which it is loc,&Ped. 42-5. 7 Subdivision Required. Not more than two (2) dwellings are-'rern-iitted tl on- any lot, tract, or parcel of land until the same has been subdivid6d .in accordance with chapter 409 code of Iowa, 1954. 42-5. 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. 42-5. 9 Lot Area. (a) .-Each lot upon which a dwelling is to be erected or enlarged in any "All District, any "AB" District, any "B" District or any "H-M" District shall provide a lot area per family not less than those specified hereafter: ROOK f P GF ? 7 A K �� PAGE.: ... • 6000 square feet. One-family dwelling s, -- - -r--,+ �500 square feet per family, or 70G0 Two-family dwellings, sy & square-feel. Three through six-family dwellings; on corner lots, 6, 000 square tYc feet plus 1, 20*square feet for each family 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. (b) For buildings other than dwellings in a "H-M" District no min- imum lot area is required, but the required front, rear and site ya.r'd requirements for principal and accessory buildings as specified he rein for __ "H-M" districts shall apply. 42-5. 10 Building Classification. Any 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 tk�a building. 42-5e 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 darner lot abuts, provided that the principal entrance door, 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 enforc ing officer shall thereupon refuse the permit and refer- the case to the board of adjustment, herein established, for a decision., as provided in section 42-38 of this ordinance. 42-5. 12 Minimum Width of. Lot at Building Line (a} No permit shall be issued-for a dwelling in a residence or "H-M" district- if the lot upon which said dwelling is to be erected has : Yess than a front yard width of fifty (50) feet at thei root building line of the dwelling on the lot, or less than thirty-five (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. (b) .For buildings other than dwellings in a "H-M" District no minimum width of lot is required, but the required- front, rear, and sick yard requirements .for.pri.ncipal and accessory buildings shall. apply. • 42-6 Provisions for Off-Street Parking. Off-Street Parking shall be provided for use ire conjuncti6n with o—ccupa.ncies 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 permanetntly reserved space on another lot any portion of which is within two hundred (200) _-- feet of said b;zi.ldzng s.' e provided in the front ppr, a 42-6. 1 Off"Street Parking for Dwellings One off-street parking space shall be provided for each family in a dwelling, either within a building or on. a surfac- ed open space on the lot. 42-6. 2 Off - Street Parking for Hotels, Motels, and Lodging Housesr (a) -.Hotels hereafter erected shall provide one (1) off-street parking space for each living unit and one (1) such parking space for each two (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. (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. 42-6 .3 Off-Street Parking for Places of Public Assembly. (a) Churches, schools, auditoriums, theaters, 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 Ihe main auditorium or stadium. (b) Off-Street parking space shall be provided for increase in ca pacity,apacity, in existing buildings of public assembl3 . the same rates as set-forth in. (a) above. 42-6. 4 ,� Off-Street Pa king for Commercial and Office Buildings _Pa (a} Commercial buildings, including professional and private office buildings hereafter erected in any "C" District 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 rates as set forth in (a) above. 42-6. 5 Off-Street Parking for Welfare Institutions. Off, -street parking shall be provided as specified herein foi7�11 principal welfare buildings erected or existing buildings converted to welfare use. Off-street parking shall be provided for any future increase in use in tb.a same ratio as specified herein for the parti- cular -use under con aide ration. (a) Hospitals, sanitaritum, convalescent homes and similar institut- ions or uses: �T J6*Fg=4FMI iuc= one AM0 (i '**# off-street parking spaces shall be provided for each bed in suchiristitutibns,either on the lot or on a lot- adjacent thereto. (b)- Clinics, doctors and dentists' offices,' apothecary shops, *labor- atories, and similar�oices or institutions devoted to the a Peas t care . xnan aixnts;9new ) off �-et Tkrking spaceSshall be provided each Mrt Ijundred fifty (250) square feet of-Aa piirking i)­1, aill d is t7-i C , S floor area, in—a—I OrA:r%�_stre­et Wdj,­�, V �. Irl a D" istr'ct —,—or area*' "D" Di�-_srqe.os shall L,e V`Jhere per - _f 1C fa-If� S --ILM�reain Y e in.--- ex;W* for an. Wag bui dings pro-vided as rt�n, herein._ irs the SaMe ra 10 Oil-Street Parking Space for_Lo,dg;es, Fraternity and Sorority Houses, Student Centers, etc. (a) Lodges, clubs, fraternal and veterans organizations, fraternity and sorority houses, student centers and buildings with similar occupancies here- after erected shall provide one (1) off-street parking space for each three hundred (3,00) square feet of floor area in the building. (b) Off-street parking shall be provided. for any increase in floor area in existing buildings in the same ratio as set forth in (a) above. 42-7. Provisions for Off-Street Unloading. Any business or industrial build- ing.he-reafter erected in any district shall provide adequate off-street facilitaes, for the loading and unloading of merchandise and goods within or.'adjacent to the buildings in such a manner as not to obstruct freedom of traffic movement on the public- streets or alleys. Such buildings when-abutting on alleys less than twenty four ("M_7_614 shall provide adequate unloading space on the lot. Buildings abutting on alleys twenty-four (24) feet in width shall be deemed to have such. J four unloading facilities. 42-8 Use Regulations for "A" Districts.- (Residence) Within any "All District, unless other wise­Tprovided 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 re- siding or the renting of roams to five (5) or less persons or both, provided there is no display of advertising. Not mere than two (2) families may occupy one (1) principal building on a lot in an "All District. 800 YL_ PAGL (b) Offices or studios of professional persons or space for home.- occupations- not , involving in any case the conduct of a business on the -premises, provided that any such activity may bnly be carried on in the building which- is used as the private dwelling of the proprietor,p-roviding further that any such act- ivity 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 s.hall be regularly employed in addition W 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 neigh- borhood dui to the exterior appearance, the emission of odor, gas, smoke, dust, noise or-in any other way, and provided further that.any such building shall include nc, 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, truck gardens, orchards, and wood lots. (f) Horticultural nurseries and greenhouses for the propagation of plant only, provided there is no display of advertising or of plants other than growth. (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 42-17 of this ordinance. (hp Announcement signs and bulletin boards. (i) Private garages and accessory buildings as provided in sections, 42-16. 1 and 42-16,3 of this ordinance. (j) Off-street parking lots., (ky 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 e:Kclusively to such use, and the requirements of sections 42-5. 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,(Yr front yard depths as prescribed by this ordinance for a churcli, school, -library, museum, or .5innilar institution be waived. 42-9 Use Regulations for "AB" Districts. (Limited Multiple Residence). Within any "AB" District, unless otherwise provided-in this ordin- ance, no building or land shall be use&for other than one or more of the uses, herein specified as permissible in "All 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 42-16. 1,- 42-16.2, and 42-16. 3 of this ordinance. 42-10 U&e Regulations for "B" Districts. (Multiple Residence). Wit-bin 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 permiss- ible in "All or IIABII districts, or for other than one or more of the following purposes: (a) Multi,family dwellings. (b) Faternity or Sorority (c) Boarding or lodging houses-ate., provided that there-be no conspicuous advertising signs, (d) Private garages and accessory buildings under conditions as. specified in sections 42-16. 1, 42-16. 2 and 42-16. 3 of this ordinance. (e) Municipal, state Or federal buildings. (f) Convalescent and rest homes. (g) Clubs, lodges, or social or community buildings, excepting those, a chief function. of which is a service or activity conducted or customarily con- ducted for gain. 42-11 Use Regulations for "H-M" District (Hospital-Medical). This dis ict is a medium density resi.dentia.l. district ��rith a major hospital near the center of the area. The; regulations for the district are designed t6 retain t1,Ye residential character of the district and surrounding areas butpormitting uses wtthin the district which are devoted to the treatment and care of human ailments, including among others, doctors and dentists offices, clinics, dispensaries, convale-scent homes, laboratories, apothecary shops, and. similar offices and institutions. Other commercial uses not directly associated with medical or dental treatment or care are not permitted. Residential use within the district is not restricted to the number of families, 42-12- Permitted Uses. The follow ing uses are permitted in this district-- (a) Dwellings- number of families not limited, (b) Churches and other places of worship, including parish houses, Sunday Schools and student centers. (c) Schools, elementary c in,� and board: ` (e)Apnounc;ement signs and l`iulletik boards. (f) Horticulture and gardening but not including commercial nurseries or greenhouses or the raising of animals or fowls for commercial purposes, or the sale of products on the premises (gyAccessory uses and structures incidental to any permitted use (h) Home occupations including offices and studios of professional persons wholly within the private dwelling of the proprietor and not outside the dwelling or in an accessory building. Such activity shall not occupy more than one the floor area of one story of a family unit of such building and not more than one person nott a member of the family there residing shall be employed in addition to the proprietor, provided further there shall be no display of goods and no advertising on the premises other than an unilluminated sign not exceeding one square foot in area carrying the name and occupation or profession of the occupant of the premises. The use of the premises shall not-be detrimental to the neig_hbbrhood due to exterior appearance, the emission of odor, gas smoke, dust, noise or in any other way. (i) Real estate sign- (j) Convalescent homes (k� Doctors and dentist offices (1) Clinics (m) Hospitals not including animal hospital, but permitting the serving of meals to patients, operating personnel and hospital visitors. (n) Dispensaries for medical and dental supplies only. (o) Laboratories, medical and dental. (p�,Fences, walls and visiarr.clear.ance (q) Utility services not including storage yards but including electric sub-stations, water and sewage pumping stations and telephone booths, (r) Public off-street parking lots (s) Private off-street parking lots, not operated for pecuniary profit. (t) Pre-school nursery limited to six (6) children. (u) Garages and accessory buildings- (v) Apothecary shops 42-13 Use Regulations for "C" Districts (Local Business). Within. any "C" Districts 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 PAGE the following purposes, provided they are retail stores or shops where- goods are stored or displayed for sale or services rendered wholly within a building,, and where nothing is fabricated, manufactured, converted or altered except--for such retail trade. A portion of any store or shop may be arranged 0.nd used as a dwelling. (a) Bakery goods shop (b) Bank (c) Barber shop or beauty parlor (d) Book or stationery store (e) Confectionery store (fl Custom dress makthg '.or millinery store (g) Drug store (H) Dry goods or nutions store (i) Florist or gift shop (j) Grocery, fruit or vegetable store (k) Hardware or electric appliance- more (1) Jewelry store (m) Meat market or delicatessen store (n) Offices, business or professional (o) Photographer (p) P civate garages as provided in sections 42-16. 1, 42-16. 2 and jq)) store or shoe repair shop (r) Store for collection and distribution of laundry and dry cleaning articles, but not for the treatment, cleaning ar processing of such articles. (s) Custom tailor shop, clothing or wearing apparel shop (t-) Restaurants and cafes (u) Other uses similar to the above., 42-14 Use Regulations for I'D" Districts. (Business and Light Industry). Within any "DII 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) K)ffiee 6 (b) Financial institutions (c) Amusement enterprises, such a-s dance halls, skating rinks, concert halls, and theatres. (d) Studios (e) Fire stations and public convenience stations. (1) Gasoline service stations (g) Freight and passenger stations, truck terminals and warehouses. (h) Bus depots (i) Telephone exchange (j) Hotels and motels (k) Telegraph offices (1) Restaurants and lunch counte-rs (m) Printing shops (n) Public garages (o) Any light manufacturing nor light industry which is carried on entirely within buildings, which is not noxious or offensive due to the emission of odors, gas, smoke, dust or noise, which is ..not a menace to public health and safety, and which will not substantially or permanently injure the appropriate use of neighboring property. (p) Fuel and building material or storage yards from which sales are primarily retail. (q) Mobile home parks (r) Private gara es and accessory buildings as provided in section Q-16. 4. • .4,IV (s) Used car sales lots (t) Mobile home sales lots. (u) Funeral Homes 40 42-15 Use Regulations for ''Ell 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 I'D" districts, or for other than any trade, industry, or purpose which is not noxious or_bffensive due to the emission of odor, gas, smoke, dust or noise, or which is not a menate to public health or safety. 42-16 Ganges and Accessory Buildings. private garages and accessory buildings shall, conform to the f ollovvin.g re,,r,nirements: 42-16, 1 Garages and Accessory Buildings it "A" Districts. In any "All 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 sleparate room within, or attached to the dwelling, provided that spact- for not more than three (3) motor vehicles is permitted on one lot. When wholly or partially within the limits of the side yard and attached to or a separate room with a principal building, CALch garage shall be considered as a part of sut:lh p-rincipal building and shall conf-o.rm to all yard and space requirements as specified. in this ordinance for piincipal buildings. When wholly 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, may extend into the rear yard the distance its rear wall is beyond the rear wall of the principal. budding. Space for three (3) or less motor vehicles may be leased to other than residents on the premises. 42-16. 2 Garages and Accessory Buildings in. "AB", IIBlI i and IICII districts. in any IIABII district, "B" district or any IICII distric% 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 vehicles may be provided, and except that space for not more than three (3) motor vehicles may be leased to other than residents on the premises. 426-16. 3 Regulations Applying to Garages and Accessory Buildings in "A", "AB", "B" and IICII Districts.The folloWing requirements shall apply to all private garages and accessory buildings in "A", "AB", "B", and IICII Districts: 1. Each detached private garage or accessory building shall be not- less than two-(2) feet from a party lot line or alley line, except that when any part of such 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-Tortion of a side lot line to any adjoining property. 2. No detached garage or accessory building is permitted within the limits of a front yard in any "A", "AB", "B'', ©r IICII districts. 3. If any portion of a detached garage or accessory building is within a side- yard of a principal building on the same lot such detached garage or accessory building shall not be nearer to the side lot line than would be required for the building wall of a principal building on fhe same lot, In interpreting this regulation 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 I of line by mutual agreement of the adjoining lot owners. 5. Accessory buildings within a rear yard may not occupy more than one-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 building is nearer a street line than is permitted for a wall, of a principal building on the same lot. 42-16. 4 Garages and Accessory Buildings in. IIH-Mll Districts. The following I-equirements shall apply to all private garages and accessory buildings in I'H-Mll districts-. 1. A private garage is permitted in the side or rear yard on the same lot with a dwelling either as a separate building or attached to the dwell- ing, -provided that space for not more than eight (8) motor vehicles are per- ROOK__LL�AGE_23...,,.., W W -$ .SAGE 2 mitted on on.e lot. Space for two or less motor vehicles may be leased to other than residents on the premises. 2. An attached garage shall be considered a part of the principal, building and require the same front, side, and Year yard set backs as the prin- cipal building on the lot. 3. On interior lots a detached private garage or accessory building shall be not less than two (2) feet from a party line when fifty (50) feet or more from a street line; when less than fifty (50) feet from a street line, such building shall be not less than six (6) feet from any party lot line. When any portion of such building is within a side yard the setback from the party lot line shall be not less than is required in this district for a principal building on the lot. 4. On a corner lot when the Year or side yard of a principal. building abuts on the. front yard of an adjoining lot, a detached garage or accessory - building on such corner lot shall be not less than six (6) feet from the adjoining lot line and. shall ?have a setback from the street line five (5) feet greater than the required front yard depth of the adjoining ].cat. 5. Garages and accessory buildings within a rear yard. may not occupy more than one-third (1/3) of such area. 6. A detached garage may be erected across a party lot line by mutual con-sent of the adjoining lot owners. 7. No detached garage or accessory building may be placed in any rear yard, or any side yard so that any part of such building is nearer the street line than is permitted for a wall of a principal building on the same lot. 8. No garage or accessory building shall contain living quarters. 42-16. 5 Garages and Accessory Buildings in. I'D" and "Ell Districts. In any I'D" district or any "Ell district, public or private garages, or accessory buildings are permitted on any part of the lot. 42-17 Signs Advertising Real Estate. Real estate signs advertising for sale, rental or lease only, the premises, lots- or tracts on which they are located are permitted in all districts, provided such signs shall be distant as far as poss- ible from abutting property and at least twenty-five (25) feet from any street line or not-more than five (5) feet in front of any p-rincipal building 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. 42-18 Announcement Signs - Bulletin Boards. In any district announcement signs or bulletin boards are permitted, provided such signs or boards do not exceed sixteen (16) square feet in area and are erected upon the premises of a charitable, religious or public institution for its own use, and are not erected within twenty-five (25) feet of a street line. 42-19 Poster Boards and Advertising Signs. In I'D" and "Ell districts posters, boards and advertising signs are permitted where such boards and. signs conform to the ordinance requirements of the City of Ames. 42-20 Non-conf orming Uses. The following provisions shall apply to the non- conforming use of buildings and land in the City of Ames: .42-20.,1 - Non-conf orming use May be Continued. The lawful use of a building existing on the effective date of this ordinance, although such use does not con-form 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. 4_2-20. 2 Non-Con-f orming Use May be Extended. A building which is non- conforming on the date this ordinance becomes effective, may be extended pro- vided , such extension does not violate any of the yard or area requirements of this ordinance, or create or enlarge a non-conforming use in the district in which such building is located. Mr 42 3 Non -conforming Use Reconstructed. Nothing in this ordinance shall preventthe reconstruction of a non-conforming building destroyed by fire or other calamity or prevent the continuance of the use of such building or part thereof as such use existed at the time of such destruction; provided. that any reconstruction of such building shall be begun within six (6) men.tbs after such destruction and shall be d.i.lig,�A)t.ly prosecuted thereafter. . 42-20 4 No:n-conforming Uses Substituted. The substitution of one non- conforming use for another will be permitted when such substituted 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 in- crease in the floor area of the building or in the lot area to accommodate such sustituted use. 42-21 Rest oration of Unsafp> Portion of Building. Nothing in this ordinance shall. prevent the restoration of any wall or other portion of a, building de- clared unsafe by an Vuthoriz d public official. 42-22 Front Yards, The front yard depth of principal buildings on a lot shall conform to the fol#owing requirements: 42-22. 1 Minimum Front Yard Depth in "A", and "AB", "B" and "C" Districts. In ar,y "All distrkt, any 'rAB" dist:_"ict, an)y IBBii d7 strict or any "C "• district a fru�it yard nGt less tha% tLirty (30) feet in depth is required on each lot. 42-22. 2 Front Yard Depth in. "H-M`.' District. The front yard depths or set back of a principal building on. a lot shall conform to the following requirements: 1. Dwelling s e (a) Minimum setback from front lot line twenty-five (25) feet. (b) Maximum required setback from lot line fifty (50) feet, 2< Medical and dental 6f'i.0_-s and other welfare buildings; (a) Minimum setback from front lot line twvrty-five (25) feet_ (b) Maximum required setback from front lot line fifty (50) fee-t- 3e Churches, schools, hospitals and public buildings- (a) Minimum required setback from front lot line thirty-five (35) feet. (b) Maximum required setback from front lot line fifty (50) feet-. 42-22. 3 Front Yard Depth in "D" and "Ell Districts. No minimum depth of front yard is required for "buildings in "D" and "Ell Districts, 42.-22. 4 Maximum front yard Depth Required. No principal building on a lot shall be required to have a front yard depth exceeding fifty (50) feet. 42-22, 5 Front Yard Depth for Churches, Schools, Clubs, etc, The minimum front yard depth for a church, school, library -rn.useum, club, social center or community building, or similar institution erected or structudrally enlarged in any "A" district, any "AB" district, any "Bill district or any "C" district shall be fifty (50)_per cent in excess of the front yard depth specified in this ordinance for principal buildings in such districts. 42-22. 6 Determination of Front Yard Depth in "A", "AB`.' or "B" district. In any "A" district, any "AB" district or any "B" district the required front- yard depth for principal building located on a lot within seventy (70) feet measured along thedtreet line from the nearest corner of the lot under con- sideration, 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 street as the proposed principal dwelling, shall be the average front yard depth of such existing dwellings. In computing such front yarddepth existing; buildings with front yard. depths gredter than fifty (50) feet shall be assumed to have a front yard depth of fifty (.501 feet afid a building; with a. front yard depth less than thirty (30) feet shall be assumed to have a depth of thirty (30) feet. 42-22. 7 Front Yard Depth on Lots Adjacent to Corner Lots. In any "A" district, any "AB" district, any "B" District or any "C" district, where the rear lot line of any corner lot forms the front part of the side lot line of an adjacent lot, a building on such adjacent lot shall have a minimum front-yard depth of three-fourt?�s(3/4) of the depth required by the provisions of this ordinance for a lot fronting on the same street and in 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. 42-22. 8 Front Yard. Depth on Lots Adjacent to "D" and "E" Districts-. Where a lot in any "A" district, any "AB" district, any "B" district or any "C" district adjoins a "D" district- or an "E" district, the required; min- imum front yard depth of such adjacent lot, for a distance of fifty (50) feet from the district boundary line, shall be one-half (1/2) the depth required for the resident portion of the same block frontage, provided, however, that the front yard depth of a building as determined by this section shall be not less than ten (10) feet. 42-23 Rear Yards The rear yard depths for principal buildings on a lot shall conform to the following requirements. 42-23� 1 Minimum Rear Yard Depths- in "A", "AB" "B" "C" and "H®M" "All 1� it Districts. In any A district, any ABI1 district, any tl B district, any 'C" district or any "H-M" 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. 42-23. 2 Minimum Rear Yard Depths in I'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 re- quired 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, shall be 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. 42-23. 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 (Z) 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 alley 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 requires ents conforming to the provisions of section 4;Jm2.3. 2. 42-23. 4 Rear Yard Requirements for. Through Lots. (a) The provisions of sections 4,a®23. 2 and 42-23. 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 requir- ed therein. (b) The provisions of section 42-23. 2 shall be construed to re- strict 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 0 were such rear lot line considered as a front lot line. 42-24 Side Yards. The side yard depth for 124-rincipal buildings on a lot shall conform to the following requirements- 42-24. 1 Side Yards in "All, "AB", and IIBII districts. In any "All district, any IIABII district, or any "B" district there shall be a side yard on each side of each principal building. The side yard for a principal building one (1) story in height shall be not less th- an six (6) feet in wl`,dth, two (2) stories 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 omitted where two (2) semi-detached ,--ingle family dwellings, on ad- jacent lots, are built at the same time with a common party wall, pro- vided that the side yard of each house opposite the common party wall shall be of a width fifty percent (50joy in. excess of the minimum side yard widths specified in this section. 42-24. 2 Side Yards in IIH-Mll District, 1. Dwellings and principal buildings other than churches, schools, hospitals and other public buildings. (a) There shall be a side yard on each side of a principal build ing. The side yard of a; principal building one story in height shall be not less than six (6) feet in width , two (2) stories in -"-- - height not less than eight stdries _0J feet xin wihi three (3) ��in height not less than ten (10) Beet in width. 01le may side yard ay be. omitted where two principal buildings on adjoing lots" seperate ownerokip, are built at the same time witha cornmon party w&-1, provided that eacli f, side yard opposite the common party wall slIall be of a wid tl' fifty perceInt (50 ©) in excess of the minimum side yard specified. in this section. (b) on corner lots the street wa-1-1- of the principal buiT311-ng., shaal not-be nearer to the. sa4e street than twenty five (25) feet. sclhools I i-ospitalSI and, public buildings cl- 7, c �(-,�, . r - I _; I terror lots there shall '�-.e a side yard on each (a) On inter (20) side of the principal building not less than twenty f e e t.in width. On corner loto oi.do yard nearest the Side strn-et shall 6 nA less �6n 42-24. 3 any I'D" dUitrict.' or my"E" district no side yards are required for commer- cial 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", I'D" and "Ell districts shall have side yards conforming to the requirements of section 42-24. 1 and on corner lots such side yards shall conform to the requirements of section 42-24. 4. 42-24. 4 Side Yards on Corner Lots in "A","AB" and IIBII- Districts. In any "All district, any IIA.BIl district, or any IIBII 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 requir- ed by the provisions of this ordinance where such side street line the front lot line. 42-24. 5 Side Yards on Corner Lots in IICII Districts. Commercial buildings on corner lots in IICII districts shall have a minimum side yard on the street side of the building of not less than twenty - five (25) feet. WK— A PAGE_2_7._ 120 24. 6 Side Yards for Churches, Schools, Clubs--, etc. The required �r minimum width of side yards for a church, school, library, museum, club, social center or community building, 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 n t less than fifty per erne- (50%) in excess of the requirements specified in section 42-24. 4 for p_rincipa,l buildings on such corner lots. The side yard to an b tcrior lot for such buildings, on Corner lots shall be not less tha.n twenty (20) feet. 42-25 Fences, Walls, wad r ion Clearance. Fences, walls, and vision clearances shall conform to the following requirements- 42-25. 1 Fences and Walls in "A", °1AB", "B", "C" and 11H-M" r. iAricts. In any "A1l district, ariy "AB" district, any "B" district, any "C" di strict, or any "H-M" 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- exJce-eding four (4) feet in height is permitted v,9a.thin the limits of front yards. � The portion of fences and walls over four (4) feet in height shall be sixty- five percent (650/6) 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 reta ned embankment. 42-25. 2 Fences and Walls on Corner Dots in "A80, "AB11,"B", "'C", and On any corner lot—in- —any"A" district, any "AB" district, any "B" district, any "C " district, or any "H�M" district no fence,wall, or other structure shall be erected to a height of more than three (3) feet- above_ the elevation of the established curb grade- at the intersection of the streets on that part of any yard which is bounded by the street lines of the intersecting streets and a line connecting two (2) points on said street lines twenty (20) 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. 42-26 Enforcing Officer . The provisions of this ordinance shall be enforc- ed by the City Manager. Appeal of any decision of the enforcing officer may#`be made to the board of adjustment as provided in section 42-39. 1 and. 41939.2 of this chapter. 42-27 Zoning Permits Required. It shall be unlawful to commence or to proceed with the erection, construction, reconstruction, conversion, alteration, enlargement, extension, raising or moving of any building or structures, or of any portion thereof, without first having applied in writing to the building official for a zoning permit to do so. 42-28 Application 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 application shall be accompanied 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 dimensions, pro- posed front, side, and rear yard depths of the proposed building or structure and any other existing accessory buildings on the lot. 42-29 Issuance of Zonis Permit., If after reviewing the application the building official finds the building or structure in the proposed location complies with all the provisions of this ordinance he shall, upon payment of the required fee as prescribed in the building code ®f the City of Ames, issue a zoning permit therefor. 42-30 Refusal of Zoning 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 furynish the applicant h with a statement, signed by the enforcing officer, refusing to issue such per- mit and setting forth 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. 42-31 Records. The building official shall keep a record in his office of all applications filed, permits issued, or refused, and if refused, and appealed, the final action thereon. He shall.&eep a record in his office of all zoning permit fees collected and shall remit the amount of such fees to the office of the City Clerk each day. � 42-32 Expiration of Zoning Permits. Any zoning permit, under wiluict). no construction work has been, commenced within six (6) months after the 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 by lixiiitation; and no work or operation shall take place under such permit after such expiration. A zoning permit rnay be once extended for a period not exceeding six (6) months by the zoning enforcing officer. 42-33 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 city council. Appointments to the board 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 from the city or the incapacity of a member, the mayor may appoint a substitute who shall serve as a member of the board, with the same powers and authority as the regular member, until such regular member has returned, or has become capacitated for further service. 42-33. 1 Compensation. All members shall serve without compensation. 42-34 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. 42-35 Board May Adopt Rules and Regulations. The board may adopt, from time to time, subject to the approval of the city council, such rules and, reg- ulations as -It-may deem necessary to carry into effect the provisions of tLis ordinance. 42-36 Board Meetings - Chairman-Quorum. The board shall, annually elect its own chairman at the first meeting on or after January first of each fiscal year. Such chairman, or in his absence, the acting chairman may ad- minister oaths and compel the attendance of witnesses. There s1Lall 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. 42-37 Secretary to Keep Records. The secretary of the board shall keep minutes of its proceedings, showing the vote of each member upon each question.. If a member is absent or fails to vote, the minutes shall indicate such fact. The board shall keep records of its examination and other official actions, which shall be on file in the office of the City Clerk as a public record. BOOK- A- PAGI: MAC PAG 42-38 Appeals to the Board of Adjustment. Appeals to the board may be taken by any person aggrieved, or by any officer, department, or board of the city affected by any decision of the enforcing officer. Such appeal shall be- taken within a reasonable time, as provided by the rules of the board, by filing with the secretary of the board a written notice of appeal specifying the grounds thereof and the publication of the notice of appeal in a paper of gen- eral circulation in the City of. Ames as provided by the regulation of the board. The 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 all proceedings in furtherance of the action. appealed from, unless 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 may be granted by a court of record on application of notice to the enforcing officer and due cause shown. The final disposition of any appeal shall be in the form of a resol- ution by the board either reversing, modifying, or affirming the decision or determination appealed. from. A copy of such resolution s1na.11 be filed with the enforcing officer. 42-39 Authority of Board of Adjustment. The board of adjustment in 5po-6fic cases shall have the following powers: 42-39. 1. Appeals from Decisions of Enforcing Officer. To hear and decide appeals where it is alleged there is error in any order, requir-ement,. decision or determination made by the enforcing officer in the enforcement of the provisions of this ordinance. 42-39. 2 Appeals in Special Cases. To authorize upon appeal in. the following special cases such variance from the terms of the chapter as will not be contrary to the public interest, where, owing to special conditions a literal enforcement of the provisions of the ordinance will result in unnecessary hard- ship, and so that the spirit of the ordinance shall be observed and, substantial justice done. However, nothing herein shall be construed as giving the board the right, power, or authority to change the limits or extent of any zoning district, or to grant permission for the erection or use of any building or the use of any land for a purpose which is specifically prohibited herein. (a)- The erection and use of any accessory building on a lot in any "A" district, any "AB" district or any "B" district or any "H-M" district - beofre the erection of a principal building on such a lot as provided herein: provided such use is temporary and for a period ��f 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 re- stricted district immediately adjacent, under sueh conditions as will safe- guard the character of the more restricted district, provided that such ex- tension shall not be permitted more than fifty (50) feet beyond the boundary line of the district in which such building or use is authorized. (e) The extension or enlargement of an existing use located in a district against such use, either by the extension or enlargement of an exist- ing 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 on the 1st day of June, 1925, provided. that such ex- tension or enlargement will not prove detrimental to or tend to alter the character of the neighborhood. (d) The erection of buildings or the use of land not in accordance with the requirements of this ordinance, in the case of an undeveloped section of the city for a period not to exceed one (1) year in any case, where such building or uses are clearly incidental to and necessary for residential 4b development, or are temporary only and will not tend to permanently alter the character of such section or 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 tlat is in keeping with and appropriate to the uses auth- orized in such district by the provisions of this ordinance. (gy The substitution of one non-conforming use for another under the limitations of section 42-20. 4. 42-39. 3 Variances in Chapter Provisions. The board may in specific cases upon appeal grant 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 specified conditions: (l) The variance will not authorize a use that is prohibited in the district in which the property in question is located. (2) The circumstances crea-ding 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 42-5. 10, 5. 11, anal 5. 12 (b) Garages and accessory buildings, sections 42-16. 1, 42-16. Z, and 42-16. 3. (c) Real estate signs, section 42-17 (d) Announcement signs and bulletin boards, section 42-18 (e) Non-conforming use, section 42-20. 4. (f) Front Yards. The minimum dept-12. requirements for front yards as specified in sections 42-22. 1, 44-22. 5 and 44-22. 7 may not be decreased in amount more than twenty-five per cent- (25%) in any individual case upon appeal. (g) Rear Yards. The minimum requirements for rear yards as specified in sections 42-23. 1, 23. 2, 23. 3 and 23. 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 42-24. 1, 24. 2, 24. 3, 24. 4, 24. 5 and 24. 6 may not be decreased in amount more than twenty-five per cent (25%) in any individual case upon appeal. 42-40 Interpretation and Purpose: In the interpretation and application, the provisions of this ordinance s all 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 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 to interfere or to ab- rogate or annul any agreement between parties; provided, however, that where this ordinance imposes a greater restriction upon the use of buildings P"IN ELO-1- - MU GE 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, convenant or agreement, the provisions of this ordinance shall govern. 4 42-41 Amendments: (a) The city council may, from time to time, on its ovm- 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 owner of fifty per cent (5076) 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 c1ty clerk requesting the city council to make such amendment, supplement or change. Such petition shall be accompanied by a map or diagram showing the area affected by the proposed amendment, supplement or change, together with the boundaries of the said area and the names and addresses of all the owners an records in the office of the county recorder of Story County, Iowa, of lots -Vnerein and within a distance of two hundred (200) feet outside of the boundaries of said area; and such petition shall immediately be transmitted to the city plan commission for an investi- gation and report. The city plan commission shall file its recomrilendations approving, 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 (2076) 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 ASTP' to exceed two hundred (200) feet there- from, or of those directly opposite tLereto, extending the depth of one lot-or not to exceed two hundred (200) feet from the street frontage of such opposite lots, such amendment s.1p.11 t,not become effective, except by the favorable vote of at least three-t�W_'_ hs (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 renwed- 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. 42-42 Validity. Should any part or provision of this ordinance be held by any court of competent jurisdiction to be invalid, such decision. shall not affe c t the validity of the remainder of the ordinance. 42-43 Repeal.. Ordinances No. 853 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 violation of such 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. 42-4-4 Violations and Penalties. Any person, firm, co-partner ship, corporation, or other association of persons, whether acting directly or through employees or agents, that violates, disobeys, omits, negler.--ts, re- fuc,es to comply with, or resists the enforcement of any provisions of tlh-i% ordinance shall be deemed guilty of a misde-raeanor and upon conviction thereof shall for each offense by fined a sum not exceeding one hundred dollars ($100. 00) or imprisonment in the city or county jail for a. term not to exceed thirty (30) days. 42-45 This ordinance shall be in full force and effect from and after its passage and publication as provided by law. Passed this 5th day of May 195 9 M. W. 'Jordan 1 City Clerk Pearle P. DeHart, Mayor Moved by Armstrong and seconded by King that Ordinance No. 937 be passed on its first reading. Voting Aye: Armstrong, Judge, Smith, King, and Schilletter Voting Nay: None Absent: Lawlor Moved by Smith and seconded by King that the rules governing the passage of ordinances be suspended, the second and third readings be omitted, and Ordinance No. 937 be placed on its final passage. Voting Aye: Armstrong, Judge, Smith, King, and Schilletter Voting Nay: None Absent: Lawlor Moved by Schilletter and seconded by Smith that Ordinance No. 937 do now pass. Voting Aye: Armstrong, Judge, Smith, King, and Schilletter Voting Nay: None Absent: Lawlor Mayor De Hart declared ordinance No. 937 duly adopted. I, M. W. Jordan, City Clerk of the City of Ames, Iowa , do hereby certify that the above and foregoing Ordinance No. 937 was duly and properly passed at a meeting of the City Council on the 5th day of May, 1959, and published in the Ames Daily Tribune on the I-YzVvday of May, 1959. M. W. JordA, City Clerk R-OOK-2-6PAGE