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HomeMy WebLinkAbout~Master - Historic Preservation District Regulations , ' o ORDINANCE NO. 3328 AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY REPEALING CHAPTER 31 AS IT NOW EXISTS AND ENACTING A NEW CHAPTER 31 FOR THE PURPOSE OF REVISING HISTORIC PRESERVATION REGULATIONS TO ADDRESS PROBLEMS ENCOUNTERED IN THE IMPLEMENTATION OF HISTORIC DISTRICT REGULATIONS AND TO ENABLE THE CITY TO BE ELIGIBLE FOR DESIGNATION AS A CERTIFIED LOCAL GOVERNMENT;REPEALING ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT;AND ESTABLISHING AN EFFECTIVE DATE. BE IT ENACTED,by the City Council for the City of Ames,Iowa,that: Section One. The Municipal Code of the City of Ames,Iowa shall be and the same is hereby amended by repealing Chapter 31 as it now exists and enacting a new Chapter 31 as follows: "CHAPTER 31 HISTORIC PRESERVATION DISTRICTS Sec.31.1. PURPOSE. The purpose of this Chapter is to promote the educational,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. (Ord.No.3010, Sec. 1, 4-12-88) Sec.31.2. DEFINITIONS AND RULES OF CONSTRUCTION. For the purpose 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 features of a structure. (2) Baluster: A post or upright supporting a handrail. (3) Balustrade: A railing with supporting balusters. (4) Certificate of Appropriateness: A certificate issued by the Historic Preservation Commission authorizing an alteration,new construction,demolition,or relocation. (5) Commission: The Ames Historic Preservation Commission. (6) Compatible: Capable of existing together in harmony. (7) 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 represented in the district,but which complete the streetscape 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 represented is considered a compatible structure. To be considered compatible structures must be at least fifty(50)years old. (8) Consistent: That which is similar to,or nearly the same. (9) 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 1 , considered contributing structures must be at least fifty(50)years old. (10) Demolition: Any act that destroys in whole or in part the exterior of a building or structure in a historic district;or,destroys in whole or in part a designated historic landmark. (Ord.No. 3062,Sec. 1, 10-10-89) (11) Design Criteria: Standards for architectural elements characteristic of specific types of architecture for a particular designated historic district. (12) Design Guidelines: Regulations intended to preserve the historic and architectural character of the district. (13) District: Historic Preservation District. (14) Exterior Architectural Features: The exterior architectural character and general composition of a structure,including but not limited to the kind of texture of the building material and the type,design,and character of all windows,doors,light fixtures,signs,fences,gates and appurtenant elements. (15) Historic District: An area which includes or encompasses such historic sites, landmarks,buildings,structures,or objects as the Commission may determine to be appropriate for historical preservation. (16) Historic Landmark: Any building, structure, site, area or land of architectural, landscape architectural,historical,archaeological,or cultural importance or value,as may be designated for preservation by the City Council. (17) Historic Materials: Materials that are common to the period of significance for the architectural style of the structure. (18) Massing: The grouping of major architectural volumes. (19) Mullion: A vertical member that divides a window or separates one window from another. (20) Muntin Bar: A strip separating panes of glass in a sash. (21) New Construction: The erection of a new principal or accessory structure on a lot or property,or an addition to an existing structure. (22) Noncontributing Structures: Structures that are neither of an architectural style or time period representative of the preservation district. (23) Relocation: Any relocation of a structure on its site or to another site. (24) Repair: Any change that is not new construction,removal,or alteration.Repair may include patching,piecing-in,splicing,consolidating,or otherwise reinforcing or upgrading historic materials such as masonry, wood and architectural metals according to recognized preservation methods. Repairing also includes the limited replacement in kind, or with compatible substitute material,of extensively deteriorated or missing parts of features when there are surviving prototypes (for example:brackets,dentils,steps,or portions of slate or file roofing.) For the purpose of this ordinance,changes made in the color of the exterior surfaces of a building are considered to be ordinary maintenance and repair. (25) Sanborn Maps: The Sanborn Fire Insurance Maps. These maps were produced in the United States from 1867 to the 1950s. The maps show the size,shape and construction of buildings as well as street names and boundaries. (26) Sash: The portion of a window assembly that frames or holds the glass. In the case of operable windows the portion that moves. (Ord.No. 3010, Sec. 1,4-12-88, Ord.No. 3062,Sec. 1, 10-10-89) (27) Structure: For the purposes of this ordinance, a structure is defined as a fence, garage,or house. Sec.313. 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,with a positive interest in preservation,appointed by the mayor with the advice and consent 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 2 member to be appointed from among the residents of each designated historic district as the statutory district representative. At least two members of the Commission will, if feasible, be professionally trained in preservation-related fields,with at least one in history or architecture. (2) The term of office of the members of the Historic Preservation 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. (Ord.No.3010, Sec. 1, 4-12-88) See.31A. RESERVED. Sec.31.5.COMPENSATION OF COMMISSION. All members of the Historic Preservation Commission shall serve without compensation. (Ord.No.3010, Sec. 1, 4-12-88) 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 consideration. (4) To provide information to the owners of landmarks and property or structures within historic districts on preservation,renovation,rehabilitation,and reuse. (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,specifications,and other information as may be neces- sary to make decisions. (6) To make recommendations to the City Council on guidelines 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 proposed or designated landmarks and historic districts. (8) To testify before boards,commissions,and the City Council on any matter affecting historically and architecturally 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. (Ord.No. 3010, Sec. 1, 4-12-88) (11) Provide information regarding historic preservation to the City Council. (12) Promote and conduct educational and/or interpretive programs on historic properties within its jurisdiction. (13) To conduct studies for the identification and designation of historic districts, structures, and sites. City staff time and resources to conduct studies must be approved by City Council. (14) To make recommendations to the State Historic Preservation Officer regarding the listings of districts, structures,or sites to the National Register of Historic Places, and hold public hearings before making recommendations regarding National Register eligibility. 3 Sec.31.7. CRITERIA FOR CONSIDERATION FOR NOMINATION. (1) 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: (a) Properties are significant in national, state or local history,'architecture, archeology,and culture;and (b) Properties possess integrity of location, design, setting, materials, workmanship,feeling and association;and (c) Properties are associated with events that have been a significant contribution to the broad patterns of our history;or (d) Properties are associated with the lives of persons significant in our past; or (e) 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;or (f) Properties have yielded,or may be likely to yield,information important in prehistory or history;and (g) 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 re determined to be either contributing 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 (h) The contributing and compatible structures in the proposed district must be a minimum of 50 years old;and (i) The proposed district shall be less than 160 acres but more than 2 acres in size. (2) A building, structure, or site designated as a historic "landmark" shall meet the following criteria: (a) Properties are significant in national,state or local history, architecture, landscape architecture,archeology,and culture;and (b) Properties possess integrity of location, design, setting, materials, workmanship,feeling and association;and (c) Properties are associated with events that have been a significant contribution to the broad patterns of our history;or (d) Properties are associated with the lives of persons significant in our past; or (e) Properties embody the distinctive characteristics of a type,period,method of construction,represent the work of a master,possess high artistic values,represent a significant and distinguishable entity whose components may lack individual distinction;or (f) Properties have yielded,or may be likely to yield,information important in prehistory or history. (Ord.No. 3010,Sec. 1, 4-12-88; Ord.No. 3064,Sec. 2, 11-21-89) Sec.31.8. PROCEDURES FOR DESIGNATION OF A HISTORIC DISTRICT OR LANDMARK. (1) Designation of a historic district shall be proposed by an owner or owners of property within the area for which design 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: (a) A map showing Assessor's plat of the area, boundary and boundary description,legal description,and size of area in acres; (b) Photographs and/or other descriptive material; (c) List of all property owners and their addresses; (d) Narrative providing information concerning at least one of the following: 4 (i) Its association with events that have a significant contribution to the broad patterns of community history;or (ii) Its association with the lives of persons significant in the community history;or (iii) Its embodying of the distinctive characteristics of a type,period, method of new construction,etc. (e) Narrative providing information about events or persons that may have a significant relationship to the area and it past; (f) Provide documentation that indicates the structures in the proposed district are a minimum of 50 years old;and (g) Provide information which indicates that 66%of the structures in the area are contribution and/or compatible. (h) Design guidelines proposed as an aid to decisions on Certificates of Appropriateness required by Section 31.10. (i) A list ofthe names and addresses of property owners within two-hundred (200)feet of the subject property. (2) Designation of a historic landmark shall be proposed by any person or organization. Any such proposal shall be filed with the Planning and Housing Department upon the prescribed form and shall include the following data: (a) A map showing Assessor's plat of the area, boundary and boundary description,legal description,and size of area in acres or square feet; (b) Photographs and other descriptive material; (c) List of all property owners and their addresses; (d) Narrative providing information concerning at least one of the following: (i) Its association with events that have a significant contribution to the broad patterns of community history;or (ii) Its association with the lives of persons significant in the community history;or (iii) Its embodying of the distinctive characteristics of a type,period, method of new construction,etc. (e) Narrative providing information about events or persons that may have a significant relationship to the area and it past; (f) Design criteria proposed as an aid to decisions on Certificates of Appropriateness required by Section 31.10; (g) A list of the names and addresses of property owners within two-hundred (200)feet of the subject property. (Ord.No. 3010,Sec. 1,4-12-88; Ord.No. 3064,Sec. 2, 11-21-89) Sec.31.9. PUBLIC HEARINGS AND ENACTMENT PROCEDURES. (1) Oral and written testimony concerning the significance of the nominated historic district or landmark shall be taken at a public hearing before the Ames Historic Preservation Commission. The Planning and Housing Department shall notify,by certified mail,all property owners of a proposed landmark or within a proposed district a minimum of twenty days prior to the public hearing to be held by the said Preservation Commission. The Preservation Commission upon hearing the proposal will review and make recommendations to the City Council. (2) The City Council forwards the proposed landmark or historic district designation to the State Historical Department for review and recommendation. Within a reasonable time after receipt of the recommendation from the State Historical Department the Council shall make a final determination on the proposed landmark or district designation. Designation of such an area shall be by enactment of an ordinance to amend the official zoning map of the City to show such designated area in accordance with the hearing,notice and procedure requirement of Chapter 414,Code of Iowa. (Ord.No. 3010, Sec. 1,4-12-88, Ord.No. 3064,Sec. 2, 11-21-89) 5 Sec.31.10. CERTIFICATE OF APPROPRIATENESS- (1) Alteration of an exterior part of a building or a structure. 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 material. (b) Architectural features were added which modified the original qualities of the architectural style. The current property owner wishes to restore the structure to the original archi- tectural 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 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 alteration area apply to that portion of the structure and the property visible from the street right-of-way and located between that right-of-way and an invisible plane that bisects the structure,and extends to the property line,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 extends to the property line,parallel to each right-of-way. The portion of the structure and the property not subject to the criteria for the alteration area will be subject to the criteria for the new construction area. (Ord.No. 3112, 12-11-90) (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 landmark. 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. (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: 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 structure cannot be removed. To prove economic hardship,the applicant may submit where appropriate to the applicant'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 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 properly in its current 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 rehabili- tation or reuse of the existing structure on the property. (e) Amount paid for the property,the date of purchase, and the party from whom purchased,including a description of the relationship,if any,between the owner of record or 6 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 expenses 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 financing 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 property. (i) Any listing of the property for sale or rent,price asked and offers received, if any,within the previous two years. 6) 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 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 property. After reviewing the evidence,the Commission may deny the application,may issue a Certificate of Appropriateness 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 presented 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 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. (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 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. (b) Public Safety. Nothing in this Chapter shall prevent the construction, reconstruction,alteration,restoration,or demolition of any interior or exterior 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 Guidelines,Design Criteria). (6) Use of Substitute Materials. Substitute materials may be used as an acceptable alternative to the historic materials if. (a) The historic material on the structure is so deteriorated or damaged that it cannot be repaired; (b) The substitute material can be installed without irreversibly damaging or obscuring the architectural features and trim of the building;and, (c) The substitute material is similar to the historic material in size,design, 7 composition and texture,such as one type of wood replacing another. (Ord.No.3010, Sec. 1,4-12-88; Ord.No. 3064, Sec.2, 11-21-89; Ord.No. 3077,Sec. 1, 4-10-90) 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 accompanied by an application for a Certificate of Appropriateness. 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 Appropriateness for the following types of exterior alterations may be issued by staff of the Department of Planning and Housing, provided the proposed alterations meet the adopted Design Guidelines and Design Criteria: (i) Gutters and downspouts; (ii) Reroofing with like materials; (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) Installation or replacement of storm doors with new storm doors designed with large panels of glass of very simple design. (vii) Replacement of fifty percent(50%)or less of the siding/exterior surface areas,in excess of repair,with materials that are equivalent to the historic siding/exterior surface materials in size,design and texture; (viii) Replacement of windows with materials that are consistent with the historic window materials in size,design and texture; (ix) Replacement of chimneys'with materials that are consistent with the historic materials in size,design and texture; (x) Installation of dormers on the portion of the house located in the new construction area,consistent with the architectural style of the structures; (xi) Replacement of soffits with materials that are consistent with the historic materials in size,design and texture; (xii) Installation or replacement of storm windows with new storm windows that are consistent with the historic window materials in size,design and texture;and (xiii) Installation of skylights or attic fans in the new construction area so that they are inconspicuous from the public right-of-way and do not damage or obscure character- defining features. (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 Commission. (c) Unresolved Dispute. Any unresolved dispute as to administrative interpretation of MuniciQal 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 administrative approval within thirty(30) 8 days from the date of acceptance of the application, due to any unresolved dispute as to the administrative interpretation 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 Department of Planning and Housing to the applicant and the Building Official within seven(7)days following 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 Commission. The applicant may resubmit an amended application or reapply for a building or demolition permit that takes into consideration the recommendations of the Commission. (d) Subsequent Applications. 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. (4) Other Codes,Regulations,and Ordinances. In granting or denying a Certificate of Appropriateness, the Commission 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. (6) Effective Period of Approval for a Certificate of Appropriateness. The approval of any application for a Certificate of Appropriateness shall be effective for one(1)year from the date of approval by the Historic Preservation Commission,or by the Department of Planning and Housing(in the case of administrative approvals). Buildings permits shall be issued within the one (1) year approval period,and construction shall commence within one year of approval of the Certificate of Appropriateness. If work has not begun within 12 months and'there are no changes to that proposal, stall may approve a one(1)year extension. (Ord.No. 3010, Sec. 1, 4-12-88; Ord.No. 3109, 12-11-90) Sec.31.12. THE SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION The Secretary of the Interior's Standards for Rehabilitation from the U.S.Department of the Interior,National Park Service,shall be followed. The standards described below are to be applied to specific rehabilitation projects in a reasonable manner,taking into consideration economic and technical feasibility: (1) A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristic of the building and its site and environment. (2) The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided. (3) Each property shall be recognized as a physical record of its time,place and use. Changes that create a false sense of historic development, such as adding conjectural features or architectural elements from other buildings,shall not be undertaken. (4) Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved. (5) Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a historic property shall be preserved. (6) Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature,the new feature shall match the 9 old in design,color,textures,and other visual qualities and,where possible,materials. Replacement of missing features shall be substantiated by documentary,physical,or pictorial evidence. (7) Chemical or physical treatments,such as sandblasting,that cause damage to historic materials shall not be used The surface cleaning of structures,if appropriate,shall be undertaken using the gentlest means possible. (8) Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed,mitigation measures shall be undertaken. (9) New additions,exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. (10) New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future,the essential form and integrity of the historic property and its environment would be unimpaired. Sec.31.13. STANDARDS FOR REVIEW,DESIGN GUIDELINES,DESIGN CRITERIA. In considering an application for a Certificate of Appropriateness,the Commission shall be guided by the Design Guidelines,which shall pertain to all historic preservation districts and historic landmarks; and,by the Design Criteria,which shall apply only to the particular historic district or historic landmark for which they are enacted. Said regulations are as follows: (1) Chimneys,Alteration area. (a) Existing brick or stone chimneys shall be retained whenever possible. (b) New materials shall be consistent with the historic materials in size,design, composition,and texture. (c) Building and fire codes shall be met in regard to proper heights and other requirements. (d) Chimney construction shall be consistent with the architectural style. (2) Chimneys,New Construction Area. (a) Chimney construction shall be consistent with the architectural style. (b) New materials shall be compatible with the historic materials of the particular architectural style in size,design,and texture. (3) Dormers,Alteration Area. (a) Dormers shall be constructed of new materials consistent with the historic materials in size,design,composition,and texture. (b) Dormers shall be constructed in the same shape, style, and scale as any historic dormer on the building,or in the same shape,style,and scale of dormers on houses of the same architectural style. (c) Dormers are not typical on certain styles of historic architecture and adding them in this case shall not be permitted. (4) Dormers,New Construction Area. (a) Dormers shall be constructed of a design and scale that is consistent with the architectural style. (b) Dormers are not typical on certain styles of historic architecture and using dormers on new construction,in such cases,shall not be permitted. (c) New materials shall be compatible with the historic materials of the particular architectural style in size,design,and texture. (5) Exits,Second and Third Story,Alteration Area. (a) Historic second and third story exits shall be retained whenever possible. (b) New material shall be consistent with the historic materials in size,design, composition,and texture. (c) Exit stairs located on the exterior shall be consistent with the architectural styles. (d) The stairs shall be constructed in the most compact form. 10 (e) Exit stairs from upper level apartments shall be accommodated inside the existing building whenever possible. (f) The new construction of exit stairs in the alteration area is prohibited. (6) Exits,Second and Third Story,New Construction Area. (a) Exit stairs in the new construction area shall be accommodated inside the building whenever possible. (b) Exit stairs for newly constructed buildings shall be accommodated inside the building. (c) New construction shall be consistent with the architectural style. (d) New materials shall be compatible with the historic materials of the particular architectural style in size,design,and texture. (e) Exterior exit stairs shall be placed where least visible,set as far back as possible from any side facing the street and run parallel to and against the wall of the building. (7) Fences and Retaining Walls,Alteration Area. (a) Historic retaining walls and perimeter historic fences shall be retained whenever possible. (b) Alterations to existing retaining walls and perimeter fences shall be done with materials consistent with the historic materials in size,design,composition,and texture. (8) Fences and Retaining Walls,New Construction Area. (a) New construction shall be consistent with the architectural style. (b) New materials shall be compatible with the historic materials of the particular architectural style in size,design,and texture. (9) Foundation,Alteration Area. (a) Existing foundations shall be retained whenever possible. (b) New materials shall be consistent with the historic materials in size,design, composition,and texture. (c) Historic door and window openings and storm cellar entrances in the foundation shall be retained. (d) The adjacent grade at a foundation shall not be raised to cover any part of the foundation that was historically exposed. Minimal grade changes necessary to solve destructive drainage problems shall be permitted when no reasonable alternative exists. (e) Masonry and concrete foundations which were never painted shall not be painted. (f) Historic brick,stone,and rusticated masonry foundations shall not be coated with cement plaster or stucco where exposed above grade. (10) Foundation,New Construction Area. (a) New construction shall be consistent with the architectural style. (b) New materials shall be compatible with the historic materials in size,design, and texture. (c) Brick used on foundations for additions shall be either reclaimed old brick or new brick which matches in size,color,and texture as closely as possible the brick used on the building. (d) The amount of exposed foundation on additions shall match that of the existing building. (e) Foundations using modern materials shall be permitted if the materials are veneered on the exterior with the appropriate historical materials above grade. (f) Openings in the foundation shall be consistent with the architectural style of the building being added to. (g) The height of the exposed foundation shall be consistent with that of the particular architectural style. (11) Garages and Outbuildings,Alteration Area. (a) Historic garages and outbuildings shall be retained whenever possible. 11 (b) New materials shall be consistent with the historic materials in size,design, composition,and texture. (c) The placement,size,and shape of the historic windows in garages and other outbuildings shall be maintained. (d) Replacement of historic garage doors with compatible overhead doors shall be done with two single size doors rather than one double-wide type. (12) Garages and Outbuildings,New Construction Area. (a) New construction shall be consistent with the architectural style. (b) New materials shall be compatible with the historic materials of the particular architectural style of the principal structure in size,design and texture. (c) New garages or other outbuildings shall not exceed the height or bulk of the principal building. (d) Metal outbuildings are not permitted. (e) New outbuildings shall use window design and materials that follow that of the principal structure. (f) Aluminum or steel garage doors may be used as a substitute for wood. (g) Double garages shall have two single doors rather than one double wide door. (h) The roof form of a garage or other outbuilding shall be similar to the roof form of the principal structure. (i) A new outbuilding shall not attempt to mimic the house or look like a barn or other non-historic building. (13) Gutters and Downspouts,Alteration Area. (a) Built-in gutters and other historic drainage provisions such as wood gutters shall be retained whenever possible. (b) New materials shall be consistent with the historic materials in size,design, composition,and texture. (c) Downspouts and gutters may be added if they have not previously existed. (d) Metal gutters and downspouts shall be permitted when dealing with a building where a water removal system never existed or where repair of the historic system is not possible. (e) Half-round gutters and round downspouts or Roman ogee(K-style)gutters and downspouts shall be permitted. (f) Downspouts shall be run vertically. Diagonals crossing roof planes and walls shall not be permitted. (14) Gutters and Downspouts,New Construction Area. (a) New materials shall be compatible with the historic materials of the ,particular architectural style in size,design,and texture. (b) Downspouts shall be run vertically. Diagonals crossing roof planes and walls shall not be permitted. (c) Metal gutters and downspouts shall be permitted when dealing with a building where a water removal system never existed or where repair of the historic system is not possible. (15) Massing. (a) The height of new construction shall be consistent with the height of historic buildings of the same architectural style. (b) New construction shall be an appropriate height and massing when it is viewed in relation to historic buildings in the district. (c) Additions shall not exceed the height of the historic building and shall be compatible with the massing of the historic building. (d) The floor-to-floor heights of new construction shall be consistent with the floor-to-floor heights of historic buildings of the same basic architectural style. (e) Additions shall have a floor-to-floor height the same as the historic building. 12 (16) Moved Buildings. (a) Infill buildings shall be placed on a foundation exposed similarly to that of other buildings of the same architectural style. (b) Buildings moved into a district shall be consistent with the massing, architectural style,height,and materials of buildings in the district. (c) Historic porches, chimneys,or architectural features that were removed during the moving process shall be replaced when the building is at its new location. (17) Porches and Similar Exterior Entrance Features,Alteration Area. (a) Historic porches,verandas,patios or similar exterior entrance features shall be retained whenever possible. (b) Alterations to existing porches,verandas,patios or similar features shall be consistent with the architectural style of the dwelling. (c) New materials shall be consistent with the historic materials in size,design, composition,and texture. (d) Enclosing a porch shall be permitted only if consistent with the architectural style. (e) Second or third story sun porches or balconies,historic in design,shall be retained Doors leading out to these shall also be retained (f) Porch balustrades shall be constructed with materials of the same size, height,detailing,and baluster spacing consistent with the historic architectural style. Note: It will be necessary to obtain authorization from the city Building Official prior to constructing a balustrade which does not meet the minimum requirements, as specified by the Uniform Building Code. When the lower and historically correct height of a porch rail cannot be considered to be life threatening,the Historic Preservation Commission shall support the applicant's request for special consideration under Section 104(f)of the Building Code. (g) Handrails required on porch steps,if not of a historic design and materials, shall be a simple metal rail or similar to other balustrade elements on the porch. (h) When designing and constructing a new entrance feature or porch,if the historic entrance or porch is completely missing,the new one may be a restoration based on historical, pictorial,and physical documentation;or be a new design that ig compatible with the historic character of the building. (i) When designing enclosures for historic porches,required by the new use, in a manner that preserves the historic character of the building,this can include using large sheets of glass and recessing the enclosure wall behind existing scrollwork,posts,and balustrades. (18) Porches and Similar Exterior Entrance Features,New Construction Area. (a) A porch or similar entrance feature is required where it is necessary to meet the elements of the particular architectural style. (b) New materials shall be compatible with the historic materials of the particular architectural style in size,design and texture. (c) New construction shall be consistent with the architectural style. (d) Porches or similar entrance features shall have a connection to the interior by the use of windows and doors. (e) A porch or similar entrance feature is permitted on a particular structure if the porch is consistent with the architectural style of the structure. (f) When designing and constructing a new entrance feature or porch,if the historic entrance or porch is completely missing,the new one may be a restoration based on historical, pictorial,and physical documentation;or be a new design that is compatible with the historical character of the building. (g) When designing enclosures for historic porches,required by the new use, in a manner that preserves the historic character of the building,this can include using large sheets of glass and recessing the enclosure wall behind existing scrollwork,posts,and balustrades. (19) Roofs,Alteration Area. 13 (a) The historic roof shape and roof features, including eaves, shall be maintained. (b) Historic roofmg materials and roof features shall be retained whenever possible. . (c) Substitute materials shall be consistent with the historic materials in size, design,and texture. (d) Solar collectors shall not be permitted in the alteration area. (e) Skylights, roof windows, wind generators, and radio and television reception equipment and other mechanical equipment shall not be permitted in the alteration area. (20) Roofs,New Construction Area. (a) Roof pitch and roof shape shall be the same as that of historic structures, repeating basic roof forms consistent with architectural styles in the district. (b) New materials shall be compatible with the historic materials of the particular architectural style in size,design,and texture. (c) New construction shall be consistent with the architectural style. (d) Elements of solar design either active collectors,trombe walls,or passive collectors shall be kept to the back or a side away from the street and incorporated into the building design to result in site placement,massing,and roof forms which are consistent with the architectural styles in the district. (e) Solar collectors shall be mounted flush to the roof plane and at the same angle as the roof plane. (f) Mechanical systems and other devices which are roof mounted shall be designed in such a way that they are not visible from the street. (g) Additions shall have a roof pitch compatible with the building being added to. (h) The roofs of additions shall not interfere with the original roof form by changing its basic shape. (i) The roof of an addition shall not be higher than the main roof of the existing building. (21) Siding/Exterior Materials,Alteration Area. (a) The historic exterior siding material shall be retained whenever possible. (b) New materials shall be consistent with the historic materials in size,design, composition,and texture. (c) Resurfacing the facades of a building must be done with historic materials or substitute materials that comply with the stipulations of Section 31.10(6)(a),(b)and(c). (22) Siding/Exterior Materials,New Construction Area. (a) New materials shall be compatible with the historic materials of the particular architectural style in size,design,and texture. (b) New construction shall be consistent with the architectural style. (c) Resurfacing the facades of a building must be done with historic materials or substitute materials that comply with the stipulations of Section 31.10(6)(a),(b)and(c). (23) Site Features and Relationships. (a) The general historical setback pattern for the design of historic building fronts shall be incorporated into new construction of similar architectural styles. (b) Additions shall be placed on the sides or at the back of buildings,in the area subject to the criteria for'new construction'as defined by Section 3 1.10 of the Municipal Code. (24) Windows and Doors,Alteration Area. (a) Historic windows and doors shall be retained whenever possible. (b) New materials shall be consistent with the historic materials,in size,design, composition and texture. (c) New door and window openings shall follow the pattern of door and window openings of the historic architectural style. (d) The shape of historic window divisions shall not be changed. New muntin 14 bars and mullions shall duplicate the original in size and profile shape. (e) Replacement frame profiles shall be consistent with those of the historic frame profiles. (f) New metallic frames shall be baked enamel or painted. Combination aluminum,steel,or vinyl storms may used as a substitute for wood. (g) Historic stained glass windows shall be retained. In the case where the window must be replaced,the replacement shall be complementary in design and ornamentation to the historic window. (h) The addition of stained glass windows into openings which did not historically have stained glass is not permitted. (i) Historic door and window openings shall not be blocked down to accommodate stock sizes. 6) Plastic or metal shutters shall not be permitted. (k) Plastic,metal,or wood awnings shall not be permitted. (25) Windows and Doors,New Construction Area. (a) New materials shall be compatible with the historic materials of the particular architectural style in size,design,and texture. (b) New construction shall be consistent with the architectural style. (c) The windows and doors of new construction shall follow the rhythm (spacing pattern)and the size and shape of windows and door openings found in the walls of similar historic buildings. (d) Horizontal windows,small windows,and modern picture windows shall not be used when vertically oriented and larger windows are used on the historic structure. (e) Window trim elements shall be used in a manner similar to the architectural styles or in a simplified contemporary version of this. (f) Large areas of solid blank wall shall not be created on any highly visible elevations in the historic district. (g) The use of smoked,mirrored,or tinted glass is not permitted in the district. (h) Exposed metallic frames shall be baked enamel or painted. (i) Combination aluminum,steel,or vinyl storms may be used as a substitute for wood. (26) Design Criteria for the'Old Town'District. All new buildings in the"Old Town" Historic Preservation District shall be representative of one of the following architectural types and have the characteristics hereinafter set out with respect to such architectural types. Alterations and new construction pertaining to an existing building shall be of the same architectural type as said building. (a) Italianate Design Criteria. Building Height Two or three stories. Roof Type Low pitched hipped roof with widely overhanging eaves usually with decorative brackets beneath. Roof Pitch 8:12 or less Dormers None. Entry Off-centered door on front facade. Full or partial width porch. Simple,single story porch. Door with large glass panel in upper portion and applied trim below. Siding Stucco, brick, or narrow clapboard 2%" to 4" with corner boards 4"to 6". 15 Windows Double hung, tall and narrow with elaborated crowns, commonly arched or curved above. Trim 4"to 6". Solid/Void Ratio 20-35%void;solid/void ratio only includes the wall area above the foundation and below the roof. Plan/Footprint Usually a square or rectangular box shape. May have bays. (b) Queen Anne Design Criteria. Building Height Two to two and one half stories. Irregular shape with dominant front facing Roof Type gable. Hipped with lower cross gables. Gabled or cross-gabled. 12:12,towers very steep. Roof Pitch Wall dormers,Roof dormers.Gabled dormers. Dormers Partial or full-width, one-story porch usually Entry along front and one or both side walls. Door with decorative detailing and single large glass pane in upper portion. Off-centered door on front facade. Siding Avoid smooth walled appearance with patterned shingles, cutaway bay windows, and other devices. Narrow/medium clapboard 2'/2"to 6". Decorative siding shingles,especially in gables. Corner boards 4"to 6". Vertical emphasis. Double hung. Window Windows sash with single pane. Trim 4"to 6". 20-35%void;solid/void ratio only includes the Solid/Void Ratio wall area above the foundation and below the roof. Plan/Footprint Most rooms articulated from the exterior with jogs in exterior walls,bays or roof form changes. Irregular form or perimeter. (c) Colonial Revival Design Criteria. Building Height One and one half to two and one half stories. Gabled with ridgeboard parallel to street. Roof Type Gambrel roof. 16 Roof Pitch 8:12 Wall or roof dormers. Pitch consistent Dormers with roof. Accentuated front door with pediment. Door Entry centered or oft'centered on front facade. Door with panels and glass. Small entry porch with decorative pediment or arch. Medium clapboard 4"to 6"with 4"to 6"corner Siding boards. Stucco. Shingled. Symmetrically balanced door and window Windows patterns. Double hung with multi-pane sash, frequently in pairs. Trim 4"to 6". 20-35%void;solid/void ratio only includes area SolidNoid Ratio above the foundation and below the roof. Plan/Footprint Simple rectangular box with porch or entry having a separate roof. (d) Tudor Design Criteria. Building Height One and one half stories. Side-gabled with dominating front cross gable. Roof Type Wall dormers. Dormers Centered, arched door on front facade. Small, Entry partial width entry porch. Decorative half-timbering. Stucco. Decorative Siding chimney. Tall and narrow. Double hung with multi-pane Windows glazing and casement windows. Trim 4"to 6". 20-35%void;solid/void ratio only includes the SolidNoid Ratio wall area above the foundation and below the roof. Plan/Footprint L-shaped plan. (e) Prairie School/Craftsman/Bungalow Design Criteria Building Height One and one half to two and one half stories. 17 Roof Type Low pitched, hipped. Front gabled. Cross_ gabled. Side gabled. Gabled dormers. Hipped dormers. Shed Dormers dormers. One story porches or wings. Porch either full or Entry partial width. Massive square porch supports. Door on front facade with panels and glass. Centered door for Prairie School. Narrow clapboard 2%"to 4"with corner boards Siding 4"to 611. Shingled Stucco. Windows Double hung,grouped and/or banded. Trim 4" P to 6". Multi-paned upper sash. 20-35%void;solid/void ratio only includes the Solid/Void Ratio wall area above the foundation and below the roof. Prairie School--simple square or rectangular plan Plan/Footprint with one story wings or porch subordinate to principal two story mass. Craftsman/Bungalow- -rectangular or T-shaped with one story porch. (f) Hipped Cottage(Type I)Design Criteria Building Height One and one half to two stories. Roof Type Hipped. Roof Pitch Dormers Hipped or gabled front dormer. Optional side dormers. Entry Off-center entry on front facade. Porch shape varies from small entry porch to full width of front facade. Narrow clapboard 2%2"to 4". Corner boards 4" Siding to 6". Often with Prairie School/Craftsman and/or Colonial details. Windows Double hung. Trim 4"to 6". 20-35%void;solid/void ratio only includes the Solid/Void Ratio wall area above the foundation and below the roof. 18 Plan/Footprint Square or rectangular plan. (g) Gabled Cottage(Type 11)Design Criteria. Building Height One and one half to two and one half stories. Roof Type Gabled roof with ridgeboard perpendicular to street with wide overhang. Roof Pitch Dormers Shed,gabled or hipped dormers on side facades. Entry Centered or off centered door on front facade. Porch shape varies from full width of front facade to small entry porch. Siding Narrow clapboard 2 Y," to 4" is principle cladding with brick or stucco as secondary. May have Craftman detailing such as brackets, exposed rafter tails, window bands, fish-scale shingles. Windows Double hung. Trim 4"to 6". 20-35%void;solid/void ratio only includes the Solid/Void Ratio wall area above the foundation and below the roof. Plan/Footprint Rectangular plan. Two or three bay width. (h) Gabled-Ell Cottage(Type I11)Design Criteria. Building Height Two stories. Roof Type Intersecting gable roof. Hipped with intersecting gables. Roof Pitch Dormers Gabled dormers. Off center entry on front facade. Porch shape Entry ranges from small entry porch to wrapped porch across front and around corner. Siding Narrow clapboard 2%"to 4". Windows Double hung. Trim 4"to 6". 19 Solid/Void Ratio 20-35%void;solid/void ratio only includes the wall area above the foundation and below the roof. Plan/Footprint L or T shaped plan. (i) Colonial Cottage(Type IV)Design Criteria. Building Height One and one half to two stories. Roof Type Side gable with ridgeboard parallel to the street. Roof Pitch Dormers Gabled dormers. Entry Centered or off centered entry on front facade. Porch varies from full width to small entry porch. Siding Narrow clapboard 2%"to 4". Windows Double hung. Trim 4"to 6". Solid/Void Ratio 20-35%void;solid/void ratio only includes the wall area above the foundation and below the roof. Plan/Footprint Rectangular or T-shaped plan. (29) Design Criteria for the 1915 City Hall Landmark. (a) The 1915 City Hall Landmark is of the Classical Revival style of architecture. Details of design and dimensions of distinct architectural elements of the building, as shown on the building plans prepared by the architectural firm of Liebke,Nourse and Rasmussen shall be followed and conformed to for all alterations or new construction of additions to the building. The said building plans are on file in the City of Ames Department of Planning and Housing. (b) Substitute materials may be allowed if they are consistent with the historic materials in size, design and texture. Proposals for substitute materials must be expressed with specificity in the application for Certificate of Appropriateness. (c) All alterations and newly constructed additions shall conform to the following characteristics of the building: (i) Building Height: Two(2)stories,not including the basement. (ii) Roof Type: Nominally flat-no pitched roof will be allowed. (iii) Roof Pitch: not applicable. (iv) Dormers: None (v) Entry: Front facade- Centered on the front facade Limestone frame and cornice with dentils Recessed doors Double doors 7'6"tall Doors with glass-20"x 64"glass size 20 Transom with wood grill above double doors Limestone stairs and stoop with matching limestone buttresses on each side of the entry Treads of variable widths North Side Basement- Single panel wood door with a single light Side light Transom above door Iron railing for this entrance Fire Station Doors(North Side)- Two pairs of hinged,bifold,wood,three-panel doors or similar architectural feature Center row of door panels are glazed Six-light arched transom in each of two arched openings Fire Station Doors(South Side)- Sliding wood door or similar architectural feature Three-light(42"x 26")windows over four vertical wood panels Six-light rectangular transom above the door Fire Station Second Story Door(South Side)- An architectural feature similar to a six-light,single-panel,wood passage door (vi) Siding: City Hall Portion of the Building- Brick walls above a limestone basement Limestone cornice Square limestone ornaments between second story windows All windows recessed in two-story brick panels Recessed spandrel panels between first and second-story windows on the City Hall portion of the building Mitered brick window frames on the City Hall portion of the building Fire Station Portion of the Building- Keystone and impost blocks on the north fire station door arches Common bond brick without decorative detail No limestone cornice on the south and east sides (vii) Windows: City Hall Portion of the Building- Wood single or double casement windows with transoms above Retention of existing iron grates is preferred Fire Station Portion of the Building- Hollow metal double-hung windows with a divided light sash Retention of existing iron grates is preferred Basement- Wood double-hung windows on the City Hall portion of the building Hollow metal double-hung windows on the fire station portion of the building (viii) Roof Features: City Hall Portion of the Building- Stepped parapet with a limestone cap Fire Station Portion of the Building- Level parapet with a limestone cap on the north side Level parapet with a terra cotta cap on the south and east sides 21 Chimney with a limestone cap (ix) Solid/void Ratio: Maintain the solid/void ration established by the existing building (x) Plan/Footprints: Simple rectangular plan,with a slight offset on the fire station portion of the building (xi) Window Wells: Gray brick areaways with cement coping (Ord No.3222,Sec. 1, 3-23-93) (Ord.No.3010, Sec. 1,4-12-88,' Ord.No. 3062, Sec. 1, 10-10-89; Ord.No. 3064,Sec. 2, 11-21-89) Sec.31.14. 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. (Ord.No. 3010,Sec. 1, 4-12-88)[State Law Ref.§303.34(3) Code oflowa] Sec.31.15. 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. (Ord.No. 3010, Sec. 1, 4-12-88) See.31.16. 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. (Ord. No. 3010, Sec. 1,4-12-88)" Sects_ io_n Two. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict,if any. Sectio-- n Three. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this 13th day of June 19AAR. Sandra L.Ryan,City Clerk 0346 Curtis,Mayor 22