HomeMy WebLinkAbout~Master - Adopting Historic Preservation District Code �i ORDINANCE NO. 3010
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE
CITY OF AMES, IOWA, BY ADOPTING A NEW CHAPTER 31
RELATING TO HISTORIC PRESERVATION DISTRICTS; ES-
TABLISHING A PENALTY; REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH; AND ESTABLISHING AN EFFECTIVE
DATE.
BE IT ENACTED by the City Council for the City of Ames, Iowa:
Section one. The Municipal Code of the City of Ames, Iowa, shall be
and is hereby amended by adopting a new Chapter 31 as follows:
HISTORIC PRESERVATION DISTRICTS
Sec. 31.1 PURPOSE
The purpose of this Chapter is to promote the educa-
tional, cultural, and economic welfare of the public of the
City by preserving and protecting historic structures, sites,
and neighborhoods which serve as visible reminders of the
history and cultural heritage of the city, state, or nation.
Furthermore, it is the purpose of this chapter to strengthen
the economy of the City by stabilizing and improving property
values in historic areas, and to encourage new developments
that will be harmonious with the existing historic buildings
and squares. Lastly, it is the purpose of the chapter to
foster civic pride and to enhance the attractiveness of the
community to residents, potential residents, and visitors.
Sec. 31.2 DEFINITIONS AND RULES OF CONSTRUCTION
For the purposes of this chapter, the following words,
terms, and phrases shall have the meanings set forth.
Unless specifically defined, words, terms, and phrases shall
be construed so as to give them the same meaning as they
have in common usage and so as to give this ordinance its
most reasonable application.
(1) Alteration: Any act or process that changes one or more
of the exterior architectural features of a structure.
(2) Certificate of Appropriateness: A certificate issued by
the Historic Preservation Commission authorizing an
alteration, new construction, demolition or relocation.
(3) Commission: The Ames Historic Preservation Commission.
(4) Compatible Structures: Structures that have been too
altered to be considered contributing yet are similar to
the architectural styles of the district. Structures of a
period other than the dominant period or periods repre-
sented in the district, but which complete the street-
scape in a harmonious way through similarity of size,
scale, color, material, and architectural character of the
structure. A building of the dominant period or periods
GOOK Q2(a:.L._PAGE
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represented is considered a compatible structure. To be
considered compatible structures must be at fifty (50)
years old.
(5) Contributing Structures: Structures establishing the
architectural character of the area; structures may
represent one architectural style or a broad range of
architectural styles. To be considered contributing
structures must be at least fifty (50) years old.
(6) Demolition: Any act that destroys in whole or in part the
exterior of a building or structure in a historic district.
(7) Design Guideline: A set of design criteria that is in-
tended to preserve the historic and architectural charac-
ter of the district.
(8) Exterior Architectural Features: The exterior architec-
tural character and general composition of a structure,
including but not limited to the kind and texture of the
building material and the type, design, and character of
all windows, doors, light fixtures, signs, fences, gates
and appurtenant elements.
(9) Historic District: An area which includes or encompasses
such historic sites, landmarks, buildings, structures, or
objects as the Commission may determine to be appro-
priate for historical preservation.
(10) Historic Landmark: Any building, structure, site, area
or land of architectural, landscape architectural, histori-
cal, archaeological or cultural importance or value as
Council.
may be designated for preservation by the City n,cil.
(11) New Construction: The erection of a new principle or
accessory structure on a lot or property, or an addition
to an existing structure.
(12) Noncontributing Structures: Structures that are neither
of an architectural style or time period representative of
the preservation district.
(13) Relocation: Any relocation of a structure on its site or
to another site.
(14) Repair: Any change that is not new construction, remov-
al, or alteration. Furthermore, nothing in this definition
shall be construed to prohibit or limit normal repairs or
maintenance which do not involve alterations or changes
in the exterior features of a building. For the purposes
of this ordinance, changes made in the color of the
exterior surfaces of a building are considered to be
ordinary maintenance and repair.
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Sec. 31.3 HISTORIC PRESERVATION COMMISSION
ESTABLISHED; TERMS OF OFFICE
(1) The Ames Historic Preservation Commission is hereby
established. It shall consist of six (6) residents of the
city, appointed by the mayor with the advice and con-
sent of the city council, with due regard to relevant
fields of knowledge including but not limited to history,
urban planning, architecture, archeology, law, and
sociology; plus, one additional member to be appointed
from among the residents of each designated historic
district as the statutory district representative.
(2) The member who is the statutory district representative
shall not vote on certificates of appropriateness relative
to sites not in the representative's district.
(3) The term of office of the members of the Historic Preser-
vation Commission shall be five years, however the
Mayor may make appointments for a lesser term for the
purpose of producing or maintaining a staggering of the
expiration dates of the terms to be served. Members
shall not be reappointed unless first appointed to serve
out the balance of an unexpired term of two years or
less. Vacancies in unexpired terms of office shall be
filled by appointment of the mayor with the advice and
consent of the city council.
Sec. 31.4 Reserved.
Sec. 31.5 COMPENSATION OF COMMISSION
All members of the Historic Preservation Commission shall
serve without compensation.
Sec. 31.6 POWERS AND DUTIES OF HISTORIC
PRESERVATION COMMISSION
The Historic Preservation Commission shall have the
following powers and duties:
(1) To adopt its own procedural regulations.
(2) To accept and review proposals for designating areas as
historic districts.
(3) To keep a register of all properties and structures that
have been designated as landmarks or historic districts,
including all information required for each designation as
prepared by the proponents of the district under consid-
eration.
(4) To provide information to the owners of landmarks and
property or structures within historic districts on pres-
ervation, renovation, rehabilitation, and reuse.
3
BOOK PAGE..,�,.�� ..,....,
(5) To hold public hearings and to review applications for
new construction, alteration, demolition or relocation
affecting proposed or designated landmarks or structures
within historic districts and issues or deny Certificates
of Appropriateness for such actions. Applicants shall be
required to submit plans, drawings, elevations, specifi-
cations, and other information as may be necessary to
make decisions.
(6) To make recommendations to the City Council on guide-
lines for the alteration, new construction, demolition, or
relocation of landmarks or property and structures
within a historic district.
(7) To review proposed zoning amendments that affect pro-
posed or designated landmarks and historic districts.
(8) To testify before boards, commissions, and the City
Council on any matter affecting historically and architec-
turally significant property, structures, and areas.
(9) . To periodically review the Zoning Ordinance and to
recommend to the Planning and Zoning Commission and
the City Council any amendments appropriate for the
protection and continued use of landmarks or property
and structures within historic districts.
(10) To undertake any other action or activity necessary or
appropriate to the implementation of the purpose of this
ordinance as directed by City Council.
Sec. 31.7 CRITERIA FOR CONSIDERATION FOR NOMINATION
Before an area, which contains contiguous parcels of
diverse ownership, can be designated as a historic district,
as evidenced by information provided by the proponents of
the district, it must satisfy the following criteria:
(1) Properties are significant in national, state or local
history, architecture, archaeology, and culture; and
(2) Properties possess integrity of location, design, setting,
materials, workmanship, feeling and association; and
(3) Properties are associated with events that have been a
significant contribution to the broad patterns of our
history; or
(4) Properties are associated with the lives of persons
significant in our past; or
(5) Properties embody the distinctive characteristics of a
type, period, method of new construction, represent the
work of a master, possess high artistic values, represent
a significant and distinguishable entity whose components
may lack individual distinction; and
PAGE ..
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I (6) Properties have yielded, or may be likely to information important in prehistory or history; and Held,
(7) A minimum of 66% of the principal structures in the
proposed district are contributing and/or compatible
structures from a historical architecture standpoint. Of
the structures that are determined to be either contri-
buting or compatible, a minimum of one (1) structure or
10% of those structures, whichever is greater, shall be
contributing from a historical architecture standpoint;
and
(8) The contributing and compatible structures in the pro-
posed district must be a minimum of 50 years old; and
(9) The proposed district shall be less than 160 acres but
more than 2 acres in size.
Sec. 31.8 PROCEDURES FOR DESIGNATION OF A HISTORIC
DISTRICT
Designation of a historic district shall be proposed by an
owner or owners of property within the area for which desig-
nation is requested. Any such proposal shall be filed with
the Planning and Housing Department upon the prescribed
form and shall include the following data:
(1) A map showing Assessor's plat of the area, boundary
and boundary description, legal description, and size of
area in acres;
(2) Photographs and/or other descriptive material;
(3) List of all property owners and their addresses;
(4) Narrative providing information concerning at least one
of the following:
(a) Its association with events that have a significant
contribution to the broad patterns of community
history; or
(b) Its association with the lives of persons significant
in the community history; or
(c) Its embodying of the distinctive characteristics of a
type, period, method of new construction, etc.
(5) Narrative providing information about events or
persons
that may have a significant relationship to the area and
its past;
(6) Provide documentation that indicates the structures in
the proposed district are a minimum of 50 years old; and
GOOK 160 PAGE_Z�L_
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(7) Provide information which indicates that 66$structures in the area are contributin of the
/ coma
structures from a historic or architectural standpoint able
Sec. 31.9 PUBLIC HEARING
Oral and written testimony concerning the sign the nominated historic district shall be taken at aance of
public
hearing. The Planning and Housing Department shall notify,
by registered mail, all property owners in a proposed district
a minimum of twenty days prior to the Public Hearing to be
held by the Preservation Commission. The Preservation
Commission upon hearing the proposal will review and make
recommendations to the Planning and Zoning Commission. The
Planning and Zoning Commission reviews and makes recommen-
dations to the City Council.
The City Council forwards the proposed historic district
designations to the State Historical Department for their
review and recommendation. Pursuant to receipt of the
recommendation, from the State Historical Department, the
Council will make the final determination of district designa-
tion. An area shall be so designated by enactment of an
ordinance to amend the official zoning map of the City to
show such designated area.
Sec. 31.10 CERTIFICATE OF APPROP
RIATENESS
S
One of the primary functions of the Commission is to
review applications for Certificates of Appropriateness. The
following shall not be done in a designated historic district
without a Certificate of Appropriateness from Preservation commission. the Historic
(1) Alteration of an exterior part of a building or a struc-
ture.
Alterations to existing structures that are contributing
or compatible structures shall be permitted in the follow-
ing instances.
(a) An architectural feature! has deteriorated to the
Point that it must be replaced. The architectural
feature must be replicated in both design and
material.
(b) Architectural features were added which modified
the original qualities of the architectural style.
The current property owner wishes to restore the
j structure to the original architectural style.
1 (c) An architectural feature can be added as longas
the feature is appropriate to the architectural style
of the structure. Materials used shall duplicate
materials and design of the existing structure.
6 BOOK PAGE
In each instance, exemptions may be granted to the
requirements if an economic hardship can be shown
based on the following criteria;
(d) Replication of an architectural feature will result in
a conflict with the existing Municipal Code;
(e) Materials for replication are no longer available; and
(f) Cost of replication is prohibitive.
The :requirements for alterations apply to that portion of
the structure visible from the street right-of-way and
located between that right-of-way and an invisible plane
that bisects the structure parallel to the right-of-way.
In the case of a lot adjacent to more than one street
right--of-way, an invisible plane is established that
bisects the structure and is parallel to each right-of-
way. The portion of the structure not subject to the
criteria for alterations will be subject to the criteria for
new construction. All new construction made to existing
structures should be compatible with the original design
of the structure.
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(2) New Construction.
New construction in the area must be representative of
one of the architectural styles approved in the district.
The design for the structure must meet all the design
criteria listed for the architectural style selected.
Architectural features not specifically listed in the
design criteria may be proposed by the applicant.
Those features should be incorporated in a manner
appropriate with the architectural style. Design criteria
are established for each architectural style identified in
each historic district.
7 It SAGE%
(3) Demolition.
Demolition of existing structures that are contributing or
compatible structures shall be strictly prohibited except
In the following instance:
The structure cannot be used for the original intended
Purpose and/or no alternative reasonable use can be
identified and the property owner can show evidence
that an economic hardship will be created if the struc-
ture cannot be removed. To prove economic hardship,
the applicant may submit where appropriate to the appli-
cant's proposal, the following information to be consid-
ered. ,
a. Estimate of the cost of the proposed demolition, and
an estimate of any additional cost that would be
incurred to comply with the recommendations of the
Commission for changes necessary for the issuance
of a Certificate of Appropriateness.
b• A report from a licensed engineer or architect with
experience in rehabilitation as to the structural
soundness of the structures or structures on the
property and their suitability for rehabilitation.
(This shall be required only when the applicant's
proposal is based on an argument of structural
soundness.)
c. Estimated market value of the property in its cur-
rent condition; after completion of demolition; after
any changes recommended by the Commission; and
after renovation of the existing property for contin-
ued use.
d. An estimate from an architect, developer, real
estate consultant, appraiser, or other real estate
professional experienced in rehabilitation as to the
economic feasibility of rehabilitation or reuse of the
existing structure on the property.
e• Amount paid for the property, the date of pur-
chase, and the party from whom purchased, includ-
ing' a description of the relationship, including a
description of the relationship, if any, between the
owner of record or applicant and the person from
Whom the property was purchased, and any terms
of financing between the seller and buyer.
f. If the property is income-producin
g, the annual
gross income from the property for the previous
two
years; itemized operating and maintenance
expenses for the previous two years; and deprecia-
tion deduction and annual cash flow before and
after debt service, if any, during the same period.
8
9. Remaining balance on any mortgage or other financ-
ing secured by the property and annual debt
service, if any, for the previous two years.
h• All appraisals obtained within the previous two
years by the owner or applicant in connection with
the
purchase, financing, or ownership of the prop-
erty.
i. .Any listing of the property for sale or rent
-asked and offers received, if an , wi
Price
previous two years. Ythin the
j• Assessed value of the property according to the
most recent assessments.
k. Real estate taxes for the previous two years.
1. Form of ownership or operation of the property,
Whether sole proprietorship, for-profit or not-for-
profit corporation, limited partnership, joint ven-
ture, or other.
Determination of Economic Hardship. The Preservation
Commission shall review all the evidence and information
required of an applicant and make a determination
whether the denial of a Certificate of Appropriateness
has deprived, or will deprive, the owner of the property
of reasonable use of, or economic return on, the proper-
tY• Alfter reviewing the evidence, the Commission may
deny the application, may issue a Certificate of Appro-
priateness for Demolition, or may table the application
for a Certificate of Appropriateness for Demolition for a
period of time not to exceed 30 days. The 30 day
period will permit an opportunity for other alternatives
to be evaluated. If a suitable alternative is not pre-
sented to the Commission within the 30 day period, the
Certificate of Appropriateness for Demolition shall be
issued.
In no instance will the Commission approve a Certificate
of Appropriateness for demolition without approval of a
redevelopment project and submittal by the applicant of a
bond or cash escrow to guarantee completion of the
approved project.
(4) Relocation. Relocation of an existing structure within or
into a historic district shall be strictly prohibited except
in the following instances:
(a) The structure is being relocated to its original site
of construction.
(b) Relocation of the structure is an alternative to
demolition of the structure.
9 PAGE.A�
(c) A structure to be moved within or into the district
is of an architectural style identified in that dis-
trict. The structure can be relocated to a vacant
parcel or to a parcel occupied by a noncontributing
structure which will be removed.
Sec. 31.11. APPLICATION FOR A CERTIFICATE OF
APPROPRIATENESS
(1) Any act of alteration, demolition, new construction, or
relocation as defined herein shall required a Certificate
of Appropriateness. Furthermore, every application for
a building permit or a demolition permit, including the
accompanying plans and specifications, affecting the
exterior architectural appearance of a designated land-
mark or of a property within a designated historic
district shall be accompanied by an Application for a
Certificate of Appropriateness. Said materials shall be
forwarded by the Building Official to the Department of
Planning & Housing within two (2) working days follow-
ing receipt of the application materials by the Building
Official. The Building Official shall not issue the build-
ing or demolition permit until a Certificate of Appro-
priateness has been issued by the Commission.
(2) Determination by Historical Commission -- The Commis-
sion shall review the application for a Certificate of
Appropriateness and issue or deny the Application.
Written notice of the approval or denial of the application
for a Certificate of Appropriateness shall be provided by
the Department of Planning & Housing to the applicant
and the Building Official within seven (7) days following
the determination and shall be accompanied by a Certifi-
cate of Appropriateness in the case of an approval. All
structures that have once obtained a Certificate of
Appropriateness shall be required to obtain a Certificate
of Appropriateness for all subsequent alterations, new
construction or demolition.
(3) Denial of a Certificate of Appropriateness -- A denial of
a Certificate of Appropriateness shall be accompanied by
a statement of the reasons for the denial. The Commis-
sion shall make recommendations to the applicant con-
cerning changes, if any, in the proposed action that
would cause the Commission to reconsider its denial and
shall confer with the applicant and attempt to resolve as
quickly as possible the differences between the owner
and the Commission. The applicant may resubmit an
amended application or reapply for a building or demoli-
tion permit that takes into consideration the recommenda-
tions of the Commission.
(4) In granting or denying a certificate of appropriateness,
the commission shall not have the power to override
housing codes, zoning regulations or any other ordinanc-
es of the city.
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J66-PAGE "` -
Sec. 31.1:1 STANDARDS FOR REVIEW
In considering an application for a Certificate of Appro-
priateness, the Commission shall be guided by the design
guidelines established by the City Council for the appropriate
Historic District. Those guidelines are referenced and made a
part hereof. Said guidelines may be modified from time to
time.
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 applicable 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 infraction 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 relief."
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::bo adjudged invalid or unconstitutional, such adjudication shall not
affl�g :n t „validity of the chapter as a whole or any section, provision
�= � aortpareth6�reof not adjudged invalid or unconstitutional.
�" "I ����� section Four. This ordinance shall be in full fo
alalter its passage and roe and effect from
publication as required by law.
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Arlo ted thus 12 h
�., day of A ri 8
Nano
3r; *I?ia s, City Clerk Paul oodland, Mayor
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10 FILED CO( '' 10*A
/ RECORD
FOR
R 2 p 1988
f AM AP VW
OF IOWA SUSgN Mimi y�l??P
COUNTY OF STORY gy , Recorder
CITY OF AMES
Deputy
I , Nancy Gibbons, duly appointed, qualified and acting City Clerk of the City of
Ames, Iowa, do hereby certify that the attached document is a true and exact
COPY of Ordinance No. 3010 adopted by the Ames City Council at a meeting held on
the 12th day of April, 1988.
IN WITNESS WHEREOF, I have hereunto set my
hand and affixed the corporate seal of the
City of Ames , Iowa, this 19th day of April ,
1988.
f
n c✓� i Nancy G ons: Ames sty erK
(SEA_)
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