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HomeMy WebLinkAboutA004 - Proof of publication dated April 19, 1988 ORDINANC ORD' 'AC No AN ORDINANCE TO AMEND THEMUNICIPAL CODE OF construction, removal, or alteration. THE CITY OF (14) Repair: Any change that 1s not new it CHAPTER 31 RELATING M0' BY AOOpTING A NEW Furthermore, nothin 1n 7ION DISTRICTS; TO HISTORIC PR removal, shall be construed nothing this definition REPEALING ALL ESTABLISHING A PENALTY; normal repairs or maintenancebwhichrdoinot HEREWITH; AND ORDINANCES IN CONFLICT Involve alterations or changes in the DATE. ESTABLISHING AN EFFECTIVE exterior features of a building. Proof of Publication in The BE IT ENACTED b purposes of this ordinance, changes made the City of Ames, Y the City Council for the the color of the exterior surfaces of n Section one. Iowa: THE DAILY TRIBUNE City The Municipal Code of building are considered to be ordinary amended b Iowa, shall be and is hereby maintenance and repair. follows: Y adopting a new Chapter 31 as ESTABLISHED;Sec. 31.3 STORIC TERMS OF OFFICE COMMISSION HISTORIC PRESERVATION DISTRICTS (1) The Ames Historic Preservation Commis- Sec. 31.1 PURPOSE Sion is hereby established. It shall The purpose of this Chapter {s consist of six (6) residents of the city, STATE OF IOWA promote the educational, cultural, and consentedofy the he mayor ty council, fwlthe due , STORY COUNTY economic welfare of the public of the City SS. by preserving and protectingregard to relevant fields of knowledge structures, sites, and neighborhoods storic including but not limited to history, urban serve as visible which I_,Vef>fe% BUfyBg�}l otc 1Vor and cultural and of the history Planning, architecture, archeology, law, oath de ' ke'=Dale Culver, on or nation. Furthermore fiih�scthe� a^d sociology; plus, one additional member Pose and Say that I am Of this chapter to Y state, to be appointed from among the residents of ge�l�r,�ilf the1 btrstnesg`manager, production foreman of the THE of the City strengthen the purpose each designated historic district as the DAILY TRIBUNE, y by stabiliztn economy statutory district representative. a daily newspaper, printed at Property values in historl9 areasimproving (2) The member who is the statutory dis- y harmonious and to 3 trict representative shall not vote on Ames, Story County, Iowa;that the annexed printed harmonious new developments` that will be { certificates of a _ buildings and squares.the existing historic ` sites not es the representative's relative ct�Purpose of thequares. Lastly,. it 1 "chapter s the (3) The term of office of the members of Pr' de and to enhanceD to It the Historic Preservation Commission shall the community to the attractiveness" be five residents, residents, Years, however the Mayor may make Sec. 31.2 andDEF visitors. Potential appointments for a lesser, term for the STRUCTION IONS AND RULES OF Purpose of producing or maintaining a CON,- staggering of the expiration dates of the For the purposes of this chapter terms to be served. Members shall not be following words, terms, and Pter, the reappointed unless first appointed have the meanings set PhrasesUshall out the obalance of an unexpiredcies nteunexpitwo specifically defined, wordsorth. was published in phrases shall be construed terms, and terms of office shall be filled b a said newspaper for them the same meaning as theys have to giv ment of the mayor with the advice and common usage and so as to consent of the city council. COnSQCUtIVe weeks, the first nonce its most reasonable application give this ordI- Sec. 31.4 Reserved. (1) Alteratl4.n;_q^v arf a . Sec. 31.5 COMPENSATION OF COMMISSION and the IdSt Of said changes one or mG s� that publication W8S On the _tectural features All members of the Historic Preserva- tion`e Certificate sationCommission shall serve without compen- Cati ficate issued `-' day Of vation commission Sec. 31.6 POWERS AND DUTIES OF HISTORIC Lion, constr. PRESERVATION COMMISSION relocation. "` The Historic Preservation Commission 19 (3) Commission: The Ames Historic shall have the following tion Commission. (1) To adopt its own g Dowers and duties: (4) Compatible Structures: Strc. tions• Procedural regula- have been too altered to be -,- contributing Sworn to before me and subscribed my presence Yet are simtla b -Vdit�.l3_ architectural by of the y uf�aso'n:.f�dk-�N�rTItAe; Dale Culver. Structures of a period other dominant period or (2) To but periods reprr nted Lin the district, accept and review proposals for [ L, streetscape {n a which comp ere the designating areas as historic districts. 2)t<1 similarit harmonious w: through (3) To keep a register of this day Of and archttectural6lchaiale. colter material, and structures that have been all proatedies ter or the strut- landmarks rm historic districts, including L pure. A building of the dominant period or all 19_1 8 periods represented 1s considered a compat- information required for each lble structure. To be considered compPat- designation as for b f ole structures m of the district under Y the proponents old, mu be at fifty (50 (4) To provide information itor the oowners of Years landmarks and property or structures within Public thtablishinguthe gar Structures:chitectural characterStructurof historic districts on in and for the State of Iowa the area; tion, rehabilitation, preservation, renova- structures may represent onehearings ; J i architectural style or (5) To hold public Fees, architectural Styles 7 broad range of applications for new consructlontoalteraW contributing str ctures mustbebecatSi�east lion, demolition or relocation affecting fifty (50) years old, proposed-or designated landmarks or (6) Demolition: An tures within historic districts and issues whole or in Y act that destroys in or deny Certificates of Appropriateness foror structurepintathistoricior districtbuildfng such actions. Applicants shall be required (7) Design Guideline: A set to submit plans, drawings, eleva criteria that is intended to °f design specifications, and otherginformationonas historic and architectural character ofthe ve the may be necessary to make decisions. -lec. 31.1 CRITERIA FOR CONSIDERATION FOR district. (6) To make recommendations to the City NOMINATION (B) Exterior Architectural Features: The Council on guidelines for the alteration, Before an area, exterior architectural new construction, demolition, or relocation ' uous which contains contlg- general composition of a structureteincludd of landmarks or parcels of diverse ownershlp, can be Within a Property and structures designated as a historic ing but not limited to the kind historic district. evidenced district of the building and texture (�) To review proposed zoning proponents of information district provided b the design g material and the type, that affect 9 amendments he district, 9 and character of all marks and historic distor ricts.designated land- ` the following criteria: 1t must satisfy doors, light fixtures, signs, windows, (1) Pro and appurtenant eleme'ts. fences, gates (8) To testify before boards, state o Properties are significant in national, (9) Historic and the City commissions, or local history, architecture, includes District: An Y Council on any matter affect- archaeology, and culture; a or encompasses area which 1n9 historically and (2) Properties n of loca- sites, landmarks, such historic significant architecturally lion, Possess Integrity objects as the Commisslong maystructures, or Property, structures, and design,areas. ship, feeling and association; and workman- be appropriate f pdeterineoto (9) To Periodically review the Zo^{� (3) Properties (10) Historic or historical Ordinance and to are associated structure, Landmark: Any building recommend to the Planning that have been a significant with events site, area or land of architect a^Y amendments and the-City .to the broad contribution rural, landscape architectural, a protec- patterns of our history-, archaeological or historical, Lion and continued use for the protecr lives Properties are it or value, cultural importance continued use of landmarks lives of Persons associated with the as may be designated for Lance or Property and structures wlthlh historic or P significant in our past; lion by the City Council, Preserva- districts. (11) New Construction: The erection of a (10) To undertake an characteristics Properties stics of embody the distinctive new principle or accessory structure on a activity necessary .or a other action or Ype lot or appropriate to the of new construction Period, method property, or an addition implementation of the purpose of a master, represent existing structure. to an ordinance_as directed b this Possess h{ the work of Y City Council. represent a significant and distiartistnguishable values, (12) Noncontributing Structures: Strut- entity tures that are neither of distinction;whose components may lack style or time an architectural individual preservation district.irepresentative of the (6) Properties have likely to yield, Yielded, or may be structure Relocation: Any relocation orehiStor information important in structure on Its site to a Y or history; and or to another site. minimum of 66% °f the principal Determination of Economic mardshiP. the (Z) A proposed district are (f)�Cost of replication is prohibitive. structures in the p P The requirements for alterations apply to Preservation Commission shall review a contributing and/or compatible structures the evidence and information required of an and located between applicant and make a determinationo riater from a historical architecture standpoint, thetstreetoright toq wayructure visible lane the denial of a Certificate of will d FP op the or Of the strut ures that or determined to be a that right-of-way and an invisible p ness has deprived, parallel to the proper of reasonable use of, either contributing structure or 10% of that bisects the structure p owner of the ethe property. After minimum of one (1) greater right-of-way. In the case of a lot adja- those structures whichever aishigstorical reviewing the evidence, thissuemasCertifl- cent to more than one street right-of-way, or economic return o , shall be contributing an invisible plane is established that to deny application may architectur' standpoinandacompatible strut- bisects the structureTiae d Port ion alof 1 the the aPp tenes on for a Certificate (B) The con ributing each •right-of-way. cote of A)propriateness for Demolition, o district must be a may table the app of Appropriateness for Demolition for a tures in t'e proposed structure not subject to the criteria for days. The minimum of 0 years old;.and alterations will be subject to the criteria (9) The proposed district shall be less period of time not to ermitdan0 oprtunity 30 day period will P made to existing structures should be 'resented to than 160 a,res but more than 2 acres 4P for new construction. All new construction for other alternatives to be evaluated. If size. compatible with the original design of the a suitable alternative is not p period, sec. 31.8 PROCEDURES FOR DESIGNATION OF A structure. the Commission within the 30 day HISTORIC D°STRICT structure New Construction. the Certificate of Appropriateness for Designation of a historic district Demolition shall be issued. rove shall be proposed by an owner or owners of New construction one the area must be tative In no instance will thee Commission Appropriateness approve for property within the area for which Proposal styles approved iris the tust meehe t the a Certificate of rovaP of a redevel- nation is requested. Any demolition without app the appli- shall be fiCmentwuth ie Planning and design foron the prescribed form design criteriasllst listed the architecture opment project and submittal by guarantee Housing Depr p p cant of a bond °r cash ow tot9 � h,t• include the following data: al style selected. Architectural ea ure (1) A maF showing Assessor's plat of the not specifically listed ithetae applicant. completion of the app. existing area, boundary and boundary description, criteria may be proposed by PP comp (4) Relocation. Relocation o an is- manner appropriate with the architectural structure within or into rohibitedi except legal description, and size of area 1n Those features should be incorporated in a trict shall be strictly p acres; le. Design criteria are established for instances: (2) Photographs and/or other descriptive each architectural style identified in each in the following relocated to its material; (a) The structure is being (3) List of all property owners and their historic di strict original site of construction. addresses (b) Relocation of the structure is an (4) Narr tive providing information cpn- Demolition of existing structures that are alternative to demolition of the structure. least one of the following: contributing or compatible structures shall (c) A structure to be moved within or into nerninghat prohibited except in the the district is of an architectural style (a�` It.st c�conitributionVetos the have following instance: identified in that district. The structure signifIt. community history; ar The structure cannot be used for the a noncontributing.- patterns �af can be relocated to a vacant parcel or to a (b) Its as soctatlon with the lives of original intended purpose and/or no alter- parcel occupied by gniflcant to the community native reasonable use can be identified and structure which will beATION remove A CERTIFI- persons si the property owner can show evidence that Sec• 31.11 history; °r embodying of the distinctive an —economic hardship will be created if the CATS OF APPROPRIATENESS (c) Its .its of a type, period, method (1) Any act of alteration, demolition, new characterS11ruction, etc. construction, or relocation as defined of new c herein shall required a Certificate of (5) Nar 6t ie providing information about Furthermore, every events o Persons that may.have a signifi- rove Appropriateness. permit or a cant s 0 t'ionship to the area and its past; may submit application for a including the accompany- de documentation that indicates structure cannot be removed. TO p demolition'p economic hardship, the applicantapplicant's {ng plans and specifications, inofthe e the stro t•ures in the proposed district are where appropriate to the PP a minim of 50 years old; and exterior architectural appearance ro property within Pr vide Information which indicates proposal, the following information to be designated landmark or of a p P considered. ro osed a designated. historic district shall be that o of the structures in the area are an Application for a Certif- and/ur compatible structures a. Estimate of the cost of the proposed accompanied by contri tiog demolition, and an estimate of any addt- icate of Appropriateness. Said materials from historic or architectural stand- shall be forwarded by the Building Official tional cost that would be incurred to & Housing point. comply with the recommendations of the sing Sec. 3 .9 PUBLIC HEARING ro rrathe to the Department of Planning fc . Wit two (2) working O al and written testimony concerning issuance ar CertificatecofsApp for the s by the public hi hear- ness. receipt of the application materials by the the si nlficance of the nominated historic Building Official. The Building demolition distri t shall be taken at a p Department b. A report from a licensed engineer or shall not issue the building {ng, he Planning and Housing architect with experience in rehabilitation ro riate- shall notify, by registered mail, all permit until a Certifi�he Commission. owners in a proposed district a as to the structural soundness ro property ness has been Issued by props Y prior to the Public structures or structures on the D P (2) Determination by Historical Commission minim of twenty days P the Preservation and their suitability for rehabilitation. -- The Commission shall review the applica- Hears g to be held by (This shall be required only when the ro riateness applicant's proposal is based on an argu- tion for a Certificate Written Commt sion.9 The roeosa1 will review sand and issue or deny the Application. upon earin the p P merit of structural soundness.) notice of the approval or denial of the make recommendations to the Planning and application for a Certificate of Appropri- C. Estimated market value of the property Zonin Commission. The Planning and Zoning the Department in its current condition; after completion ateness shall be provided by applicant and Comma sion reviews and makes recommen- of demolition; after any changes recommend- of Planning & Housing to the aPp days data s to the City Council. ed by th@ Commission; and after renovation The sty Council forwards the proposed ed the existing property for continued use. the Building Official ination within seven shall following the daterm icate aof Approprbe hist ric district designations to the State d. An estimate from an architect, develop- accompanied by royal. All mist rical Department for their review and er real estate consultant, appraiser, ateness to the case of an appobtained a reco mendatlon. Pursuant to receipt of the structures that have once Other real estate pro fes too^athexpeconomic ro riateness shall be re co mendation, from the State Historical in rehabilitation as Certificate of App P Depa tment, the Council will make the final required to obtain a Certificate alterations, feasibility of rehabilitation or reuse of det m{nation of district designation. A^ the existing structure on the propertythe date priateness for all subsequent are shall be so designated by enactment of e. Amount paid for the property arty from whom new construction or demolition• ro riate- an rdinance to amend show suchcial zon designated of purchase, and the p (3) DenialAofda Certificate Cert of ificate Aof ppropriate- "In of the City purchased, including a description of the ness '- a are relationship, including a description of Appropriateness the relationship, 1f any, between the owner riateness shall be accompanied Y Sec 31.10 CERTIFICATE OF functions ofAPPROPRIATENESS applicant and the person from One of the primary applications for of record or statement of the reasons for the denial. Com {scion is to review aPp ro erty was Purchased, and any The Commission shall make recommendations Appropriateness. The whom the p P to the applicant concerning 9 Ce ificates ofterms of financing between the seller and any, in the proposed action that would fol owing shall not be done in a designated buyer. property is income-producing, the cause the Commission to reconsider applicant hi oric-district without a Certificate of q If the prop denial and shall con4er with the applicant Ap ropriateness from the Historic Preserva- and attempt to resolve as quickly ti n Commission. annual gross income from the property or the previous two years; itemized operating possible the differences between icant wne (1 Alteration may of an exterior part of a prey and and maintenance expenses for the p bu erati or a structure. and the Commission. The ication or reapply Idingstructures that are two years; and depreciation deduction and resubmit an amended application permit that Al erations to existing annual cash flow du b rig theasameaperiodfter aebt for a building or demolition c tributing or compatible structures hall service, if any, mortgage or b permitted in the following g, Remaining balance on any takes into consideration the recommenda- ( ) the property and bons of the Commission. y certificate of An o the architectural that uit must be rre- other financing secured by for the (4) In granting or denying r aceted to the p annual debt service, if any, appropriateness, the commission shall not p aced. The architectural featured material. be Previous two years. have the power to override housing codes, r plicated in both design h. All appraisals obtained within the other ordinances the ears by the owner or app11- zoning regulations or any ( ) Architectural original features wereof previous two y purchase, of the city. dified the original q Sec. 31.12 STANDARDS FOR REVIEW for a cant in connection with the chitectural style. The current property financing, or ownership of the property.lIn considering an application wrier wishes to restore the structure to for sale or the Commis wrier original architectural style. {. Any listing a the property Certificate a Appropriateness,the design guide- rent, price asked and offers received, if s{on shall be guided by council for c) An architectural feature ° bdtc 'Within the previous two years. lines established t the City s long as the feature is appropriatetructure. any, j. Assessed value ev the property according the appropriate His District. Those he architectural style o smaterials to the most recent assessments previous two - guidelines are .referenced and bedemodified aterials used shall duplicate be granted k. Real estate taxes for the p hereof. Said guidelines may rid design of the existing structure. 1n each instance, exemptions may years. of to the requirements if an economies 1. Form of ownership or opproprietorshipe from time to time' property, whether sole proprietorship, can be shown based on the following trite for-profit or not-for-profit corporation, ,ria; limited partnership, joint venture, or (d) Replication of an architectural feature other. .. - will resulCode;a conflict with the existing Municipal (e) Materials for replication are no longer available: and Sec. 31.13 APPEALS Any person aggrieved by or adversely affected by a decision of the Commission may, within thirty (30) days of. that decision, appeal the Commission's actions to the City Council. The Council shall determine whether the commission exercised its powers in accordance with the applica- ble laws and ordinances, and whether the commission's action was patently arbitrary. Sec. 31.14 ENFORCEMENT It shall be,the duty of the Building Official to enforce this chapter and to bring to the attention of the City Council any violations or lack of compliance herewith. Sec. 31.15 PENALTY Any person, corporation, or legal entity who violates or resists enforcement of any of the provisions of this chapter shall be charged with a municipal infrac- tion punishable by a civil penalty of Fifty dollars ($50.00) for the initial offense, One Hundred Dollars ($100.00) for the second offense, and Two Hundred Dollar ($200.00) for each repeat offense. Each day that a municipal infraction occurs constitutes a separate offense. Any person, corporation, or other legal entity who violates this ordinance after having previously been found guilty of violating the same ordinance provision at the same location or a different location shall be guilty of a repeat offense. Seeking a civil penalty as authorized in this section does not preclude the City from seeking alternative relief, including an order for abatement or injunctive reli.ef:" Section Two. All ordinances or parts of �- ordinances in conflict herewith are hereby repealed to the extent of such conflict, if any. Section Three. `If any section, provision, or part of this chapter shall be adjudged invalid or unconstitutional, such adjudica- tion shall not affect the validity of the chapter as a whole, or any section, provi- sion or part thereof not adjudged invalid or unconstitutional. Section Four. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Adopted this 12th day of April, 1988. Nancy Gibbons, City Clerk F. Paul Goodland, Mayor Published in The Daily Tribune,April 19, 11988.