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ORDINANCE NO. 2925
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF
THE CITY OF AMES, IOWA BY REPEALING SECTION
29.52 AND ENACTING A NEW SECTION 29.52; AND,
ENACTING A NEW SECTION 13.39 FOR THE PURPOSE
OF PROVIDING PROCEDURES TO LEGALIZE RENTAL
PROPERTIES NOT CONFORMING TO VARIOUS CODES
AND ORDINANCES; REPEALING ORDINANCES IN CON-
FLICT TO THE EXTENT OF CONFLICT; AND, ESTAB-
LISHING 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 repealing and enacting a new Section
29.52; and, enacting a new Section 13.39 as follows:
"Sec. 13.39. RETROACTIVE CONVERSION PERMITS.
(1) A letter of compliance under this chapter shall be denied or
revoked with respect to any dwelling or dwelling unit found
to have been constructed, established, remodeled or convert-
ed without a city permit required at the time of such occur-
rence. However, a letter of compliance shall be issued for
such dwelling or dwelling unit if its operator applies for and
is granted a "retroactive conversion permit" as hereinafter
provided.
(2) A "retroactive conversion permit" shall be issued for those
dwellings or dwelling units which meet the housing quality
standards of Sec. 13. 1(1), the minimum property standards of
Sections 13.22 through 13.38, and all codes in effect at the
time of establishment except for requirements pertaining to:
(a) Ceiling height, if the height is at least seven feet, in
habitable rooms as defined under the uniform building
code,
G� (b) minimum room size, if at least 750 of required,
(c) lot area,
(d) building setbacks, 2�
(e) lot frontage, 2�
(f) building height '?
provided there are no discernable defects or other conditions
constituting a clear and present hazard to the occupants of
the premises, and the application for the said permit is made
in writing and received by the city before September 1, 1985.
(3) A "retroactive conversion permit" may, if application for said
permit is received by the City before September 1, 1985, be
issued for dwellings or dwelling units where some aspect of
the premises was in non-compliance 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 the non-complying aspects of
the premises are brought into conformance with the provisions
of all presently applicable codes and ordinances adopted for
Ames. In that regard, the housing code board of appeals
may grant specified and limited exceptions from applicable
"non-zoning" code and ordinance requirements where it finds
that there is no practical way to achieve compliance, and
denial of the letter of compliance will produce a personal loss
on the part of an individual owner greatly disproportionate to
any risks of harm to individuals or the public interest that
could likely be caused by granting the desired exception;
and, if the same exception can be granted to all others simi-
larly situated consistent with the public interest."
Sec. 29.52. ZONING PERMIT REQUIRED.
(1) It is unlawful to commence or to proceed with the erection,
construction, reconstruction, conversion, alteration, enlarge-
ment, extension, razing or moving of any building or struc-
ture, or of any portion thereof, or to change the use
thereof, without first having applied in writing to the
building official for a zoning permit to do so.
(2) There are numerous buildings and parts of buildings, that
are rented as dwelling units, which were built, remodeled,
converted and occupied at various times, over many years,
without proper city permits in violation of various codes and
ordinances, including zoning regulations. Such of these that
are in non-conformance with zoning regulations pertaining to
lot area, setbacks, lot frontage, or building height, are by
this provision made lawful under the zoning regulations of
this chapter if the owner of the premises obtains a retroactive
conversion permit pursuant to Section 13.39. For those in
non-compliance with zoning regulations on some matter other
than the four categories stated above the zoning board of
adjustment is hereby empowered to grant limited conditional
exceptions for specified items of non-conformance to enable an
applicant to obtain a retroactive conversion permit pursuant
to section 13.39 where the board finds there is no practical
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way to achieve compliance, and that denial will produce a
personal loss on the part of an individual owner greatly
disproportionate to any risks of harm to other individuals, or
to the public as a whole that could be reasonably attributed
to granting the desired exception, and if the same exception
can be granted to all others similarly situated.
(3) If the use of premises legalized pursuant to (2) above is
discontinued for one year, or if the structure is wholly or
partially destroyed, the provisions of Section 29. 11 pertaining
to lawful nonconforming use shall apply.
Section Two. Any and all ordinances or parts of ordinances in conflict
herewith are hereby repealed to the extent of such conflict.
Section Three. This ordinance shall be in full force and effect from
and after its passage and publication as required by law.
Passed this 4th day of June 1985.
Nancy i bo s, City Clerk au Goodland,4MMaayorrA4
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