HomeMy WebLinkAboutA009 - proof of publication, June 7, 1985 LEGAL NOTICE
' loss on the part of an individual owner great- Proof of Publication in The
ORDINANCE NO. 2925 ly disproportionate to any risks of harm to
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF individuals or the public interest that could
THE CITY OF AMES, IOWA, BY REPEALING SECTION likely be c,.used by granting the desired e><_ AMES DAILY TRIBUNE
29.52 AND ENACTING A NEW SECTION 29.52; AND, ception; and, if the same exception can be
ENACTING A NEW SECTION 13.39 FOR THE PURPOSE granted to all others similarly situated
OF PROVIDING PROCEDURES TO LEGALIZE,RENTAL consistent with the public interest.
PROPERTIES NOT CONFORMING TO VARIOUS CODES Sec. 29.52 ZONING PERMIT REQUIRED.
AND ORDINANCES; REPEALING ORDINANCES IN CON- - (1) It is unlawful to commence or to prd-
FLICT TO THE EXTENT OF CONFLICT; AND, ESTAB- ceed with the erection, construction, record
LIBE IT AN EFFECTIVE DATE. struction, conversion, alteration, enlarged- STATE OF IOWA, STORY COUNTY SS.
BE IT ENACTED, by the City Council for the ment, extension, razing or moving of any �
City of Ames, Iowa, that: - building or structure, or-of any portio
Section one. The Municipal Code of the thereof, or to change the use thereof, with
City of-Am-el shall be and the same is out first having applied in writing to the f y;Y,* * X, Dale R. Culver,
hereby amended by repealing and enacting a building official for a zoning permit to d I, I'701115-7- `.i�a '
new Section 29.52; and, enacting a new Sec- so.
tion 13.39 as follows: (2) There are numerous buildings and part on oath depose and say that I am oDIVOWN, pro-
"Sec. 13.39 RETROACTIVE CONVERSION of buildings, that are rented as dwellin duction foreman of the AMES DAILY TRIBUNE, a
PERMITS. units, which were built, remodeled, converted
(1) A letter of compliance.under this chap- and occupied at various times, over many,, daily newspaper, printed at Ames, Story County,
ter shall be denied or revoked with respect years, without proper city permits-in
to any dwelling or dwelling unit found to violation of various codes and ordinance, Iowa;that the annexed printed
have been constructed, established, remodeled including zoning regulations. Such of these)
or converted without a city permit required that are in non-conformance with zonings City of Ames - Ordinance No.
at the time of such occurrence. However, a regulations pertaining to lot area, setbacks,',
letter of compliance shall be issued for such lot frontage, or building height, are by this
dwelling or.dwelling unit if its operator provision made lawful under the zoning
applies for and is granted a 'retroactive regulations of this chapter if the owner of 2925
conversion permit' as hereinafter provided.. the premises obtains a;retroactive conversion
(2) A 'retroactive conversion permit' shall permit pursuant to Section 13.39. For those
be issued for those dwellings or dwelling in non-compliance with zoning regulations on
units which meet the housing quality stan- some matter other than the four categories
dards of Sec. 13.1(1), the minimum property stated above the zoning board of adjustment
'standards of Sections 13.22 through 13.38, is hereby empowered to'grant limited condi-
and all code in effect at the time of es tab- tional exceptions fbr specified items of was published in said newspaper for
lishment except for requirements pertaining non-conformance to enable an applicant to
to: obtain a retroactive conversion permit pur-
(a) Ceiling height, if the height is at suant to section 13.39,where the board finds consecutive weeks, the first
least seven feet, in habitable rooms as de- there is no practical way_ to achieve compli- p
fined under the uniform building code, ance, and that denial will produce a personal and the last of said ublication W8S On the
(b) minimum room size, if at least 75% of loss on the part of an individual owner great-
required, ly disproportionate to any risks of harm to �7th day Of T11 TIP
(c) lot area, Y
Ad) buildingsetbacks, other individuals, so to the public as o
whole that could be reasonable attributed to
(e) lot frontage, 'granting the desired exception, and if the 85 .
(f) building height same exception can b granted to all others 19
provided there are not discernable defects or similarly situated.
other conditions constituting a clear.and (3) If the use of premises legalized pursu-
present hazard to the occupants of the ant to (2) above is'' discontinued for one
premises, and the application for the said year, or if the structure is wholly or par-
permit is made in writing and received by the tially destroyed, the provisions of Section Swor�n�tLoybefore me and subscribed inmy presence
city before September 1, 1985. 29.11 pertaining to lawful nonconforming use b ttXdX �'#�icX �� Dale R.
(3) A 'retroactive conversion permit' may, shall apply.
Y
if application for said permit is received by Section Two, Any and all ordinances or Culver.
the City before September 1, 1985, be issued parts of ordinances in conflict herewith are
,for dwellings or dwelling units where some hereby repealed toAhe extent of such con-
aspect of the premises was in non-compliance flict this 7th day Of June
with an applicable code at the time of the "
establishment of the desired use other than
one of the six 'grandfathered' and excepted - ` '
categories set out in (2) above, but only if _ 19—•
the non-complying aspects of the premises are Section Three. This ordinance shall be in
brought into conformance with the provisions fuTT force and e>`fect from and after its pas- r
of all presently applicable codes and ordi- sage and publication as required by law. �"�. C�(�jG-CG-yy- -�`�-t�Otary Public
nances adopted for Ames. In that regard, the Passed this 4th day of June, 1985. ( in and for Story County.
housing code board of appeals may grant speci- F. Paul Goodland, Mayor
(- fied and limited exceptions from applicable .Nancy Gibbons, City Clerk
'non-zoning' code and ordinance requirements Published in The Ames Daily Tribune,June 40.56
-' where it finds that there is no practical way Fees,$ '
to achieve compliance, and denial of the let- 7,1985.
ter of compliance will produce a personal