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HomeMy WebLinkAbout~Master - Relating to Certificates of Appropriateness of Historical Districts, Landmarks ORDINANCE NO. 3109 AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY REPEALING SECTION 31.11 AS IT NOW EXISTS AND ENACTING A NEW SECTION 31.11 FOR THE PURPOSE OF REVISING PROCEDURES FOR CERTIFICATES OF APPROPRIATENESS PERTAINING TO HISTORIC DISTRICTS OR LANDMARKS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; ESTABLISHING A PENALTY AND SETTING AN EFFECTIVE DATE. BE IT ORDAINED, by the City Council for the City of Ames, Iowa: Section One. The Municipal Code of the City of Ames, Iowa is hereby amended by repealing Section 31.11 as it now exists and enacting a new Section 31.11 as follows: "Sec. 31.11. APPLICATION FOR A CERTIFICATE OF APPROPRIATENESS. (1) Certificate of Appropriateness. Any act of alteration, demolition, new construction, or relocation as defined herein shall require 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 landmark or of a property within a designated historic district shall be accompa- nied by an application for a Certificate of Appro- priateness. The Building Official shall not issue the building or demolition permit until a Certificate of Appropriateness has been issued. (2) Administrative Approval Process. (a) Types of Alterations. A Certificate of Appropriate- ness for the following types of exterior alterations may be issued by staff of the Department of Plan- ning and Housing, provided the proposed altera- tions meet the adopted Design Guidelines and De- sign Criteria: (i) Gutters and downspouts; (ii) Reroofing with cedar shakes or asphalt shin- gles; (iii) Installation or replacement of rubber or other composition materials for flat roofs; (iv) Removal of nonoriginal siding materials to expose original siding materials; (v) Installation or replacement of soffit vents; and (vi) Replacement of storm doors with new storm doors designed with large panels of glass of very simple design. (b) Administrative Approval Procedure. Upon receipt of a fully completed application for a Certificate of Appropriateness, the application materials will be reviewed by staff of the Department of Planning and Housing. The application for a Certificate of Appropriateness may be: (i) Approved as presented; (ii) Approved with modifications; (iii) Denied; or (iv) Referred to the Historic Preservation Commis- sion. (c) Unresolved Dispute. Any unresolved dispute as to administrative interpretation of Municipal Code requirements will automatically require the entire application to be processed in accordance with the Historic Preservation Commission review procedure specified by Chapter 31 of the Municipal Code. Applications which have not received final adminis- trative approval within thirty (30) days from the date of acceptance of the application, due to any unresolved dispute as to the administrative inter- pretation of the Municipal Code shall be submitted in their entirety to the Historic Preservation Commission. (3) Determination by the Historic Preservation Commission. (a) Applications. The Commission shall review the application for a Certificate of Appropriateness and issue or deny the application, except as provided for in Section 31.11(2) . (b) Approval/Denial. Written notice of the approval or denial of the application for a Certificate of Appropriateness shall be provided by the Depart- ment of Planning and Housing to the applicant and the Building Official within seven (7) days follow- ing the determination and shall be accompanied by a Certificate of Appropriateness in the case of an approval. (c) 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 Commission shall make recommendations to the applicant concerning 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 Commis- sion. The applicant may resubmit an amend- ed application or reapply for a building or demoli- tion permit that takes into consideration the recom- mendations of the Commission. (d) Subsequent Applications. All structures that have once obtained a Certificate of Appropriateness shall be required to obtain a Certificate of Appropriate- ness for all subsequent alterations, new construc- tion, or demolition. (4) Other Codes, Regulations, and Ordinances. In granting or denying a Certificate of Appropriateness, the Com- mission shall not have the power to override housing codes, zoning regulations, or any other Ordinances of the City. (5) Building Permit. Upon issuance of a Certificate of Appropriateness, the applicant may apply for a building permit, if required." Section Two. Violation of the provisions of this ordinance shall con- stitute 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 shall be 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 llth day of December 1990. Nanc Dionigi ity Clerk eryu is, Mayor 0141