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HomeMy WebLinkAboutA003 - proof of publication dated April 17, 1990 whom purchased, including a description Proof of Publication in The LEGAL NOTICE oil the relationship, including a descrip- tion 3077 between THE DAILY TRIBUNE ORDINANCE NO. the owner eof relationship, or applicant and the AN ORDINANCE TO AMEND THE MUNICI- person from whom the property was pur- �� PAL CODE OF THE CITY OF AMES, IO- chased, and any terms of financing be- WA, BY REPEALING SECTION 31.10 tween the seller and buyer. (f) If the THEREOF AND RE-ENACTING THAT SEC- property is income-producing, the annual TION FOR THE PURPOSE OF CORRECT- gross income from the property for the ING AN ERROR; REPEALING ALL ORDI- previous two years; itemized operating and NANCES IN CONFLICT HEREWITH TO maintenance expenses for the previous STATE OF IOWA,STORY COUNTY,Ss. THE EXTENT OF SUCH CONFLICT; PRO- two years; and depreciation deduction VIDING A PENALTY; AND SETTING AN and annual cash flow before and after debt EFFECTIVE DATE. service, if any, during the same period. I, Ve#e=Rn IT IS HEREBY ORDAINED, the the Munic- (9) Remaining balance on any mortgage Dennis Waller, BaR t On ipal Code of the City of Ames, Iowa, is or other financing secured by the proper- oath depose and say that I am president, i amended as follows: Section One. The ty and annual debt service, If any, for m of the THE DAILY Municipal Code of the city of Ames, Iowa the previous two years. (h) All apprais- TRIBUNE, a daily newspaper, printed at Ames, Story shall be and the same is hereby amended als obtained within the previous two years by repealing Section 31.10 thereof and by the owner or applicant in connection County,Iowa;that the annexed printed re-enacting said section to read as fol- with the purchase, financing, or owner- lows: "Sec. 31.10. CERTIFICATE OF ship of the property. (I) Any listing of APPROPRIATENESS. (1) Alteration of an the property for sale or rent, price asked n r cl l n a n c e + 0 7 7 exterior part of a building or a struc- and offers received, if any, within the ture. Alterations to existing structures previous two years. (j) Assessed value of that are contributing or compatible struc the property according to the most recent tures or to structures designated as assessments. (k) Real estate taxes for historic landmarks shall be permitted in the previous two years. (1) Form of the following Instances. (a) An architec- ownership or operation of the property, tural feature has deteriorated to the whether sole proprietorship, for profit or Point that it must be replaced. The not-for- profit corporation, limited architectural feature must be replicated partnership, joint venture, or other. was published in said newspaper for 1 In both design and material. (b) Archi- Determination of Economic Hardship. The tectural features were added which modi- Preservation Commission shall review all fied the original qualities of the archi- the evidence and information required of consecutive weeks, the first tectural style. The current property an applicant and make a determination and the last Of said publication was On the owner wishes to restore the structure to whether the denial of a Certificate of the original architectural style. (c) An Appropriateness has deprived, or will architectural feature can be added as long deprive, the owner of the property of 1 7 t Yl day Of Apr i 1 as the feature appropriate is the reasonable use of, or economic return on, architectural style of the structure, the property. After reviewing the evi- dence,Materials used shall duplicate materials the Commission may deny the 19 and design of the existing structure. In application, may issue a Certificate of L each instance exemptions may be granted Appropriateness for Demolition, or may to the requirements if an economic hard- table the application for a Certificate of 1r1M�'f/i'J� Z�-C!n/�KM/�!R/r�•f" ship can be shown based on the following Appropriateness for Demolition for a criteria; (d) Replication of an architec- period of time not to exceed 30 days. The Sworn to before roe and subscribed in my presence by tural feature will result in a conflict 30 clay period will permit an opportunity Verleon,Dennis Waller,BaFPtt. with the existing Municipal Code; (e) for other alternatives to be evaluated. Materials for replication are no longer If a suitable alternative is not presented available; and (f) Cost of replication is to the Commission within the 30 day peri- this 2 4 th day of Apr i 1 prohibitive. The requirements for altera- od, the Certificate of Appropriateness for tions apply to that portion of the struc- Demolition shall be issued. In no in- ture visible from the street right-of-way stance will the Commission approve a 1 9--9 and located between that right-of-way Certificate of Appropriateness for demoli- and an invisible plane that bisects the lion without approval of a redevelopment structure parallel to the right-of-way. Project and submittal by the applicant of ' - �'—�s =�� -Notary Public In the case of a lot adjacent to more than a bond or cash escrow to guarantee com- in and for the State of Iowa one street right-of-way, an invisible pletion of the approved project.plane is established that bisects the Relocation. Relocation of a historic structure and is parallel to each righL landmark or of an existing structure Fees,$ a1 . 74 of- way. The portion of the structure not within or into a historic district shall subject to the criteria for alterations be strictly prohibited except in the will be subject to the criteria for new following instances: (a) The structure is construction. All new construction made being relocated to its original site of to existing structures should be compati- construction. (b) Relocation of the ble with the original design of the struc- structure is an alternative to demolition ture. of the structure. (c) A structure to be moved within or Into the district Is of an architectural style identified In that district. The structure can be relocated NEW I Nray to a vacant parcel or to a parcel occupied by a noncontributing structure which will jQ I be removed. (5) Ordinary Maintenance Permitted; Public Safety. (a) Ordinary i Maintenance Permitted. Nothing in this „1�4xix Chapter shall be construed top event the I s , I ordinary maintenance or repair of any ALTUTATi exterior feature in a historic district or of any historic landmark which do not involve alterations or changes in the L�RNG'fc Lt�r -- exterior features of a building. For the --- purposes of this Ordinance, changes made 5TK 1:::fT A in the color of the exterior surfaces of a building are considered to be ordinary maintenance and repair. (b) Public Safe- ty. Nothing in this Chapter shall prevent the ion, (2) New Construction. New construction ton,co rest nstru ra demolition, or reconstructiondemo tion, ofters- any in the area must be representative of one interior or exterior feature which the of the architectural styles approved in City Building Official shall certify is the district or representative of the required for public safety because of an style of the designated landmark. The unsafe or dangerous conditiou, but any design for the structure must meet all the such action shall be, where possible, in design criteria listed for the architec- accordance with the design guidelines and tural style selected. Architectural design criteria set forth in Section 31.12 features not specifically listed in the (Standards for Review, Design Guide- design criteria may be proposed by the lines, Design Criteria)." Section Two. applicant. Those features should be Violation of the provisions of this ordl incorporated in a manner appropriate with nance shall constitute a municipal Infrac- the architectural style. Design criteria tion, punishable as set out in Section are established for each architectural 1.9, Ames Municipal Code. Section style identified in each historic dis- Three. All ordinances or parts of ordi- trict. (3) Demolition. Demolition of nances in conflict herewith are hereby existing structures that are contributing repealed to the extent of such conflict if or compatible structures or of a historic any. Section Four. This ordinance shall landmark shall be strictly prohibited be In full force and effect from and after except in the following Instance: The itpassage and publication as required by structure cannot be used for the original I.L.w intended purpose and/or no alternative Passed this loth day of April, 1990. reasonable use can be identified and the Nancy Dionigi, City Clerk property owner can show evidence that Larry R. Curtis, Mayor an economic hardship will be created if Published in The Daily Tribune April 17,the structure cannot be removed. To prove economic hardship, the applicant 1990. may submit where appropriate to the appli cant's proposal, the following information to be considered. (a) Estimate of the cost of the proposed demolition, and an estimate of any additional cost that would be incurred to comply with the recommen- dations of the Commission for changes necessary for the issuance of a Certifi- cate 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 appli- cant'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 demo- lition; after any changes recommended by the Commission; and after renovation of the existing property for continued use. (d) An estimate from an architect, devel- oper, real estate consultant, appraiser, or other real estate professional experi- enced 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 purchase, and the party from