HomeMy WebLinkAboutA035 - Hearing on Zoning Text Amendment to create a partial paving exception for long driveways exceeding 300 feetITEM #:37
DATE:07-22-25
DEPT:P&H
SUBJECT:ZONING TEXT AMENDMENT TO CREATE PARTIAL PAVING EXCEPTION
FOR LONG DRIVEWAYS EXCEEDING 300 FEET
COUNCIL ACTION FORM
BACKGROUND:
At the July 8, 2025 City Council meeting the Council approved an ordinance to modify
driveway width and spacing requirements. At that meeting the Council also considered a
recommendation from the Planning and Zoning Commission to consider creating a paving
exception for long driveways. The recommendation was in response to a property owner
request in relation to a property where a new house is under construction on a wooded lot and
has a driveway that is over 1,000 feet in length.
On July 8, City Council directed staff to draft an ordinance to allow for Zoning Board of
Adjustment (ZBA) approval of an exception to paving based upon details included within the
July 8 report.
Staff has prepared a draft ordinance (attached) which accomplishes the following:
ZBA may approve a partial exception for paving of a new driveway for a single-family
home.
The single-family home must be at least 300 feet from the right of way and located on a
lot that is agricultural, rural, or wooded.
A lot with an existing paved driveway is not eligible for an exemption.
The driveway approach must be paved within the ROW to SUDAS requirements and at
least 50 feet of the driveway on site must be paved.
A substitute material of rock must be approved by the Municipal Engineer.
The design of the unpaved driveway must provide for safe and convenient access.
ZBA approval of the Exception requires a finding by the ZBA that there will be no
substantial negative impacts to neighboring properties due to noise, dust, or lack of a
stabilized surface.
ALTERNATIVES:
1. Approve the attached ordinance on first reading creating an exception for long driveway
paving.
2. Modify the text of the draft ordinance and approve the ordinance on first reading.
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3. Direct staff to provide more information.
4. Deny the proposed ordinance amendment.
CITY MANAGER'S RECOMMENDED ACTION:
The proposed change addresses a unique condition of long driveways that infrequently
occur within the City. The process and standards for the exception will ensure that the
driveway design is still compatible with the surroundings and that unique conditions of
the site and features of the design are part of the review. Therefore, it is the
recommendation of the City Manager that the City Council approve Alternative #1, as
described above.
If Council approves this ordinance on first reading, staff will recommend that on August
12 the Council consider waiving the rules and complete second and third reading on
August 12 in order to incorporate this driveway change with the other pending driveway
width and spacing changes at the same time.
ATTACHMENT(S):
Ordinance-ZTA Long Driveway Exception.pdf
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ORDINANCE NO. _________
AN ORDINANCE TO AMEND THE MUNICIPAL
CODE OF THE CITY OF AMES, IOWA, BY
AMENDING SECTION 29.1506 THEREOF, FOR
THE PURPOSE OF REQUIREMENTS OF
EXCEPTION TO LONG DRIVEWAY PAVING
REPEALING ANY AND ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT TO THE
EXTENT OF SUCH CONFLICT; AND
ESTABLISHING AN EFFECTIVE DATE.
BE IT ENACTED, by the City Council for the City of Ames, Iowa, that:
Section One. The Municipal Code of the City of Ames, Iowa shall be and the
same is hereby amended by amending Section 29.1506 as follows:
“Sec. 29.1506. EXCEPTIONS.
(1) Purpose. This section is intended to provide for exceptions, pursuant to
Sec. 414.12(2) of the Iowa Code, to the terms of the zoning ordinance upon which the
Board is required to pass under the ordinance, to provide a set of procedures and establish
standards to be met.
* * *
(4) When Authorized. The Zoning Board of Adjustment is authorized to
grant the following exceptions:
* * *
(h) Single-Family Dwelling Long Driveway Paving when the dwelling is
more than 300 feet from the right-of-way and has previously not had a paved driveway.
(5) Review Criteria. Before an exception can be granted, the Board of
Adjustment shall establish that the following standards have been or shall be satisfied:
* * *
(i) Long Driveway Paving. The Board may grant a partial exception
of paving when the design includes a paved approach to City standards, paving of at
least 50 feet on site, an approved alternative surface material specification for rock
acceptable to the Municipal Engineer, and the site has a unique characteristic that
differentiates the parcel from city urban development patterns by being within a rural,
agricultural, or wooded setting. The Board shall find that the exception will provide for a
safe and convenient driveway access design and will not have a substantial negative
impact upon neighboring properties due to dust, noise, or the lack of a stabilized
condition.
***”
Section Two. All ordinances, or parts of ordinances, in conflict herewith are
hereby repealed to the extent of such conflict, if any.
Section Three. This ordinance shall be in full force and effect from and after its
passage and publication as required by law.
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Passed this day of , 2025.
_________________________________ ___________________________________
John A. Haila, Mayor
First Reading:
Second Reading:
Third Reading:
Passed on:
I, Renee Hall, City Clerk of the City of Ames, Iowa, hereby certify that the
above and foregoing is a true copy of Ordinance No. ______________, passed by the
City Council of said City at the meeting held on ______________________and signed by
the Mayor on ___________________________, and published in the Ames Tribune on
___________________________.
____________________________________
Renee Hall, City Clerk
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