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Home My WebLink About~Master - Renacting Portion of Ordinance on Historical Landmarks ... .. ..........•..t:>t):)1)t).•/h7.ZHt;•.....:.I`tl)•:I)s)gp+•<.ryi)1?()e)a.,:•�.H,•.: H.•:Hvii17):'it)5717t)c)fri2RFEi7iiti4dii775E)7H!E117i1:Hiaxii,t), ,.......,..)i/, ORDINANCE NO. 3077 AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY REPEALING SECTION 31.10 THEREOF AND RE-ENACTING THAT SECTION FOR THE PUR- POSE OF CORRECTING AN ERROR; REPEALING ALL ORDI- NANCES IN CONFLICT HEREWITH TO THE EXTENT OF SUCH CONFLICT; PROVIDING A PENALTY; AND SETTING AN EF- FECTIVE DATE. IT IS HEREBY ORDAINED, the the Municipal Code of the City of Ames, Iowa, is amended as follows: Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by repealing Section 31.10 thereof and re-enacting said section to read as follows: "Sec. 31.10. CERTIFICATE OF APPROPRIATENESS. (1) Alteration of an exterior part of a building or a struc- ture. Alterations to existing structures that are contributing or compatible structures or to structures designated as historic landmarks shall be permitted in the following 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 ma- terial. (b) Architectural features were added which modified the original qualities of the architectural style. The current property owner wishes to restore the struc- ture to the original architectural style. (c) An architectural feature can be added as long as the feature is appropriate to the architectural style of the structure. Materials used shall duplicate materials and design of the existing structure. In each instance exemptions may be granted to the re- quirements 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 origi- nal design of the structure. eOtuN5TwT1OH T 09 ALTef'AT1014 (2) New Construction. New construction in the area must be representative of one of the architectural styles approved in the district or representative of the style of the designated land- mark. The design for the structure must meet all the design criteria listed for the architectural style se- lected. Architectural features not specifically listed in the design criteria may be proposed by the applicant. Those features should be incorporated in a manner appro- priate with the architectural style. Design criteria are established for each architectural style identified in each historic district. (3) Demolition. Demolition of existing structures that are contributing or compatible structures or of a historic landmark shall be strictly prohibited except in the following instance: 2 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 continued 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-producing, the annual gross income from the property for the previous two years; itemized operating and maintenance ex- penses for the previous two years; and depreciation deduction and annual cash flow before and after debt service, if any, during the same period. (g) Remaining balance on any mortgage or other financ- ing secured by the property and annual debt ser- vice, if any, for the previous two years. 3 (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, price asked and offers received, if any, within the previ- ous two years. (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 venture, or other. Determination of Economic Hardship. The Preservation Commission shall review all the evidence and information required of an applicant and make a determination wheth- er 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. After 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 peri- od will permit an opportunity for other alternatives to be evaluated. If a suitable alternative is not presented to the Commission within the 30 day period, the Certifi- cate 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 ap- proved project. (4) Relocation. Relocation of a historic landmark or 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. 4 (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 to a vacant parcel or to a parcel occupied by a noncontributing structure which will be removed. (5) Ordinary Maintenance Permitted; Public Safety. (a) Ordinary Maintenance Permitted. Nothing in this Chapter shall be construed to prevent the ordinary maintenance or repair of any exterior feature in a historic district or of any historic landmark which do not involve alterations or changes in the exteri- or 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. (b) Public Safety. Nothing in this Chapter shall pre- vent the construction, reconstruction, alteration, restoration, or demolition of any interior or exte- rior feature which the City Building Official shall certify is required for public safety because of an unsafe or dangerous condition, but any such action shall be, where possible, in accordance with the design guidelines and design criteria set forth in Section 31.12 (Standards for Review, Design Guide- lines, Design Criteria)." Section Two. Violation of the provisions of this ordinance shall constitute a municipal infraction, punishable as set out in Section 1.9, Ames Municipal Code. Section Three. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict if any. Section Four. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this loth day of April 1990. Nancy Dioni `, City Clerk 12 Larry R. urtis, Mayor 01 5