HomeMy WebLinkAbout~Master - Adopting the International Building Code and the International Residential Code ORDINANCE NO. 3780
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF
AMES,IOWA,BY REPEALING CHAPTER 5 OF THE MUNICIPAL CODE
AS IT NOW EXISTS AND ENACTING A NEW CHAPTER 5 FOR THE
PURPOSE OF ADOPTING THE INTERNATIONAL BUILDING CODE
AND THE INTERNATIONAL RESIDENTIAL CODE;REPEALING ANY
AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
TO THE EXTENT OF SUCH CONFLICT;PROVIDING A PENALTY;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 5 as it now exists and enacting a new Chapter 5 as follows:
"CHAPTER 5
BUILDINGS,SIGNS,AND HOUSE MOVING
DIVISION I
ADOPTION AND APPLICABILITY
Sec. 5.101. ADOPTION OF INTERNATIONAL BUILDING CODE, INTERNATIONAL
RESIDENTIAL CODE.
The International Building Code,2003 Edition,(IBC),except chapters,27,28,29,and 32;
and the International Residential Code, 2003 Edition, (IRC) Chapters 1-10 and 23 only, with
appendices G,H,and J of the 2003 Edition International Residential Code,are hereby adopted and
designated,together with and subject to the additions,deletions and modification hereinafter stated,
plus the ordinances pertaining to plumbing,electrical and mechanical matters,as the Building Code
of the City. Copies of the said IBC and IRC shall be kept on file in the office of the City Clerk.
(Ord.No.2696, 1-16-79;Ord.No.2891,3-27-84;Ord.No.3194,9-24-92;Ord.No.3217,3-23-93;
Ord. No. 3378, 4-9-96; Ord.No. 3477, 3-12-98) [State Law Ref. Iowa Code Sec. 103.A121
Sec.5.102. APPLICATION TO EXISTING BUILDINGS&STRUCTURES.
Section 102.6 of the IBC and Section R102.7 of the IRC are amended by adding:
Those buildings in existence at the time of the adoption of this code which were not legal
may also have their use continued except when such continued use will create a potential hazard. If
continued use is judged to be a potential hazard, by the Building Official, the problem shall be
corrected to comply with the current code.
Buildings which have been granted retroactive conversion permits shall be treated as
buildings in existence whose use or occupancy was legal at the time of adoption of this code.
(Ord.No. 3194, 9-24-92; Ord. No. 3378, 4-9-96)
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DIVISION II
BOARD OF APPEALS
Sec.5.201. BOARD OF APPEALS.
Section 112 of the IBC and Section R112 of the IRC are deleted and replaced by the following:
Board of Appeals Established,Appointment.
(1) There is hereby established a Board to be called the Board of Appeals(herein called
'the Board'),which shall consist of five(5)members. The Board shall be composed of one architect,
one consulting engineer,one general contractor,one home builder and one member of the construction
business trade. Board Members shall be appointed by the Mayor with the approval of the City
Council. This Board also shall act as the Housing Appeals Board and as the Fire Code Appeals Board.
The members of the Board shall serve without compensation. When acting as the Fire Code Appeals
Board,the Fire Chief may designate an individual knowledgeable in fire safety to render professional
advice to the Board on matters related to the Fire Code.
(Ord. No. 3217,Sec. 2, 3-23-93; Ord.No. 3481, Sec. 2, 4-14-98)
(2) Term of Office. The term of office of such Board shall be two(2)years;except
that when the Board shall first be created,the home builder and general contractor members shall be
appointed for one year terms. Vacancies shall be filled for any unexpired term in the same manner
as original appointments. If a member fails to regularly attend meetings,the member may be removed
by action of the City Council but only after the member has been given reasonable notice that his or
her failure to regularly attend meetings may subj ect the member to removal from the Board. Members
may only serve two consecutive terms.
(Ord.No. 3217, Sec. 2, 3-23-93)
(3) Quorum. The presence of three(3)voting members shall be necessary to constitute
a quorum. The concurring vote of three (3) members of the Board shall be required to vary the
application of any provision of this Code or to modify any order of the Building Official. No Board
member shall act in any case in which he has a personal interest.
(Ord.No. 3217,Sec. 2, 3-23-93)
(4) Records of Board Proceedings. A record of all proceedings of the Board shall be
kept which shall set forth the issues or requests submitted to the Board,the reasons for the Board's
Decisions,the vote of each member,the absence of a member,and any failure of a member to vote.
(Ord. No. 3217,Sec. 2, 3-23-93)
(5) Procedure. The Board may adopt such procedural rules and regulations as are
necessary to carry into effect the provisions of this chapter.
(6) Appeals; Time Limits.
(a) Whenever the Building Official shall reject or refuse to approve the mode
or manner of construction proposed to be followed,or materials to be used in the erection or alteration
of a building or structure,or when it is claimed that the provisions of this Code do not apply,or that
an equally good or more desirable form of construction can be employed in any specific case,or when
it is claimed that the true intent and meaning of this Code or any of the regulations thereunder have
been misconstrued or wrongly interpreted,the owner of such building or structure,or the authorized
agent of the owner,may appeal from the decision of the Building Official to the Board. Notice of
appeal shall be made in writing and filed within ten(10)days after the decision is rendered by the
Building Official. In case of delay,for good cause,an extension of time to file may be granted by the
Building Official. An administrative fee may accompany such notice of appeal,which may be made
on a form provided by the Building Official. The amount of such fee shall be as set by resolution of
the City Council.
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(b) In case of a building or structure which, in the opinion of the Building
Official,is unsafe or dangerous,the Building Official may,in his order,limit the time for such appeal
to a shorter period.
(c) Initiating work, or progressing with that portion of work, which is the
particular issue on appeal,or progressing with work which would cover the matter on appeal,may
void such appeal,and may result in the Building Official's order being affirmed by the Board.
(7) Board Decisions; Scope of Authority.
(a) The Board shall meet within thirty(30)days after notice of appeal is filed.
The Board shall conduct a hearing in order to determine the suitability of alternative methods and
materials of construction and to provide for reasonable interpretations of this code.
In considering alternative materials and methods of construction, the Board may
approve any alternate if it finds that the proposed design is satisfactory and that the material,method
or work offered is,for the purpose intended,at least the equivalent of that prescribed in this code in
quality,strength,effectiveness,fire resistance,durability and safety. Also,the Board shall require that
sufficient evidence or proof be submitted to substantiate any claim that may be made regarding the
use of alternates. The Board shall have no authority to waive the requirements of this code without
first providing for an alternate that meets the standards of this section.
In considering interpretations of the Code,the Board shall follow the intent,spirit
and purpose of the code. The Board shall have no authority relative to interpretation of the procedural
provisions of this chapter.
(b) A decision of the Board to vary the application of any provision of this
Code or to modify an order of the Building Official shall specify in what manner such variation or
modification is made,the conditions upon which it is made,and the reasons therefor.
(8) Board Decisions; Procedure.
(a) Every decision of the Board shall be final, subject,however,to the right
that any aggrieved party may have to judicial review. The decision shall be in writing,promptly filed
in the office of the Building Official,and shall be open to the public for inspection. A true and correct
copy of the decision shall be promptly sent by mail or otherwise delivered to the appellant. Any
copies shall be publicly posted in the office of the Building Official for two(2)weeks after the filing
thereof.
(b) The Board shall reach a decision without unreasonable or unnecessary
delay.
(c) The Building Official shall take immediate action to comply with the
written decision of the Board.
(9) Code Amendments
(a) Authority-The Board of Appeals shall review and make recommendation
on any and all proposed changes to this code. Recommendations shall be forwarded to the City
Council for final action.
(b) Philosophy - It shall be the philosophy of the City that the local code
should follow as closely as possible the national standards as established by the International Building
Code and the International Residential Code.
(c) Procedure for Amendment
(i) Any proposed change to this chapter shall be brought to the board
of appeal for public hearing and recommendation to the City Council for final action.
(ii) Written notification of proposed changes shall be given to
individuals registered with the City prior to the public hearing before the board.
(Ord.No. 2254, Sec, 1, 7-2-68; Ord. No. 3194, Sec. 1, 9-24-92; Ord.No. 3378, 4-9-96)
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DIVISION III
REGISTRATION AND PERMITS
Sec.5.301. REGISTRATION.
Section 105 of the IBC and Section R105 of the IRC are deleted and replaced by the following:
(1) Registration Required. It shall be unlawful for any person,firm,or corporation
to erect,construct,enlarge,alter,repair,move,improve,remove,convert,or demolish any building
or structure in the City,or cause the same to be done unless such person,fmn,or corporation has been
validly registered with the City to perform such work. Such person,firm or corporation shall be herein
termed Registrant. In extending the rights and privileges of such registration, the City makes no
statement of the technical competency of those so registered.
(a) Exemption for Homeowner. No such registration procedure shall be
required for alteration or repair work to be performed on a residential structure when the person
performing the alteration or repair work is the owner of the structure,and has his legal residence there.
The homeowner shall be automatically termed a Registrant for the purposes of such a project.
Notwithstanding such relief from registration,all requirements for permits for the work shall remain
in force.
(Ord.No. 3194, Sec. 1, 9-24-92)
(b) Exemption for Non-Permit Work. When the types of work fall under the
"exempted work"provisions of Section 5.106 of this Code,the registration requirement is waived.
(Ord. No. 3217, Sec. 3, 3-23-93)
(2) Information to be Provided: An applicant for registration under this section shall
provide to the Building Official the following information:
(a) The complete name,complete mailing address,street address and telephone
number of the firm or corporation.
(b) The name,position and private mailing address of a manager or general
agent of the firm or of each officer of a corporation and the registered agent for service of legal
process on the corporation.
(c) The name, position and private mailing address of a person who is
authorized to bind the firm in legal agreements.
(d) If the registration is to be as an individual only, the name and mailing
address, street address and telephone number of the individual.
(e) The State Division of Labor registration number.
(f) Other pertinent information deemed necessary by the Building Official.
Every Registrant shall provide accurate information on the registration application. The
Building Contractor,if an individual,or the principal manager of the Building Contractor,shall come
into the inspection office to register in person each year. Any changes in that information shall be
reported to the office of the Building Official within ten (10) days from the date the information
previously supplied has become inaccurate for any reason.
(Ord. No. 3217, Sec. 3, 3-23-93)
(3) Insurance Required. Every Registrant shall carry Contractor's Commercial
General Liability insurance in not less than$500,000.00 combined single limit,and shall provide proof
of coverage to the Building Official before registration.
(a) State Registration-proof of state registration is required at the time of
registration with the City. EXEMPTION: When registrant is the property owner,proof of general
liability insurance coverage of$500,000 is required in lieu of contractors commercial liability
coverage and no state registration number is required."
(Ord.No. 3217, Sec. 3, 3-23-93)
(4) Building Official Shall Respond. Upon receipt of an application for registration,
the Building Official shall act promptly to issue the registration or to declare why the registration
should not be issued. The Building Official shall so respond not later than two weeks following
receipt of the application.
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(5) Expiration and Renewal of Registration. Registration shall expire annually on
January 1,and may be reactivated so long as the registration information remains accurate and proof
of continued liability coverage is submitted.
(6) Transfer of Registration Prohibited. No Registrant shall allow his/her
registration,by name or other identification,to be transferred,assigned,or used in any manner directly
or indirectly,or for any purpose,by any person,firm or corporation,other than the one to whom it was
issued by the Building Official.
(7) Registration Suspended. The Building Code Board of Appeals shall have the
authority to suspend any registration issued under this section for any of the following acts by the
Registrant:
(a) Continued work after the issuance of a Stop Order.
(b) Initiating work in violation of the Board's decision or prior to the Board's
decision.
(c) Causing or permitting the unauthorized or prohibited use of a valid
registration,by Registrant or another, such as to allow the rights and privileges of registration to be
applied to one not duly registered.
(d) Judgment entry of two (2) violations of any of the provisions of the
Building Code committed within a period of twelve(12)consecutive months.
Such suspension of registration shall be for a time not to exceed six (6) months. After
expiration of such period of time as the Board shall have designated, and after payment of any
outstanding penalties,costs,fees and completion of proof of compliance,and routine renewal fee,if
it has become due in the interim,the suspended registration shall again become valid and effective.
(8) Registration Revoked. The Building Code Board of Appeals shall have the
authority to revoke any registration issued under this section for:
(a) Judgment entry of a violation constituting the practice of any fraud or
deceit in securing a registration for Registrant or another;or,fraud or deceit in securing a permit.
(b) Judgment entry of three (3) violations of the Building Code committed
within a period of twelve months.
Such revocation of registration by the Board shall be full and final cancellation of such
registration, made effective on the date of the Board's decision. Any Registrant so judged by the
Board shall not be allowed in the future to be registered again in the city.
(9) Suspension or Revocation Hearing. In considering allegations under this section
regarding suspension or revocation of a registration,the Board of Appeals shall proceed upon sworn
information furnished it by an official of the City, or by any person. Such information shall be in
writing and shall be duly verified by the person familiar with the allegations made. The Board shall
issue an order setting the matter for hearing at a specified time and place, and the Secretary of the
Board, with the advice of the City Attorney, shall cause a copy of the Board's order, and of the
allegations,to be served upon the Registrant either by registered mail or personally, at least fifteen
(15)days before the date set for the hearing. The Registrant may appear in person or by counsel at
the time and place named in the order and present a defense to the Board. The City Attorney shall
provide counsel for the Board. If the Registrant fails or refuses to appear,the Board may nevertheless
proceed to hear and determine the charge.
(Ord. No. 3194, Sec. 1, 9-24-92; Ord. No. 3217, Sec. 4, 3-23-93; Ord. No. 3378, 4-9-96)
See.5.302. PERMITS.
(1) Permits Required. It shall be unlawful for any person to erect,construct,enlarge,
alter,repair,move, improve,remove, convert,or demolish any building or structure in the City, or
cause the same to be done, without first obtaining a separate building permit for same from the
Building Official.
Exempted Work. A building permit shall not be required for the following:
(a) One-story detached accessory structures used as tool and storage sheds,
playhouses and similar uses,provided the floor areas do not exceed 120 square feet.
(b) Fences not over six(6)feet high.
(c) Oil derricks.
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(d) Movable cases,counters and partitions not over 5 feet 9 inches high.
(e) Retaining walls which are not over 4 feet in height measured from the
bottom of the footing to the top of the wall,unless supporting a surcharge or impounding Class I,II
or III-A liquids.
(f) Water tanks supported directly upon grade if the capacity does not exceed
5000 gallons and the ratio of height to diameter or width does not exceed two to one.
(g) Platforms,walks and driveways not more than 12 inches above grade and
not over any basement or story below.
(h) Painting,papering and similar finish work.
(i) Temporary motion picture,television and theater stage sets and scenery.
0) Windows awnings supported by an exterior wall of Group R,Division 3,
and Group U Occupancies when projecting not more than 54 inches.
(k) Prefabricated swimming pools accessory to a Group R, Division 3
Occupancy in which the pool walls are entirely above the adjacent grade and if the capacity does not
exceed 5000 gallons.
(1) The exteriors of buildings, such as roof covering replacement, siding,
doors,windows and miscellaneous maintenance items.
(Ord. No. 3217, Sec. S, 3-23-93)
(m) Repair-the reconstruction or renewal of any part of an existing building
for the purpose of its maintenance.
(Ord.No. 3217, Sec. S, 3-23-93)
Separate plumbing, electrical and mechanical permits will be required for the above
exempted items, unless otherwise exempted by the provisions of the plumbing, mechanical or
electrical code.
Exemption from the permit requirements of this code shall not be deemed to grant
authorization for any work to be done in any manner in violation of the provisions of this code or any
other laws or ordinances of this jurisdiction.
(2) Application for Permit. A permit shall be issued only to a Registrant as provided
above,and only after the requirements defined in this Section have been accomplished. To obtain a
permit,the applicant shall first file an application therefore in writing on a form furnished for that
purpose. Every such application shall:
(a) Identify and describe the work to be covered by the permit for which
application is made.
(b) Describe the land on which the proposed work is to be done,by house and
street address, or similar description that will readily identify and definitely locate the proposed
building or work.
(Ord.No. 3378, 4-9-96)
(c) Indicate the use or occupancy for which the proposed work is intended.
(d) Be accompanied by plans and specifications as required in Section 5.105(3)
of this Code.
(e) State the valuation of the proposed work.
(f) Be signed by the applicant(Registrant),or his authorized agent,who may
be required to submit evidence to indicate such authority.
(g) Give such other technical information and data about the project as
reasonably may be required by the Building Official.
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(3) Plans and Specifications.
(a) With each application for a building permit as required by the Building
Official for enforcement of any provisions of the Code,two(2)sets of plans and specifications shall
be submitted. Included in the plans shall be a site plan with minimum scale of one inch equals twenty
feet. Plans for one and two-family dwellings and garages need not be prepared by an architect or
engineer unless specifically requested by the Building Official and need not include plans for
electrical,mechanical and plumbing. Plans for all other structures shall include electrical,mechanical
and plumbing plans, and shall be prepared and stamped by an architect or engineer registered to
practice in the State of Iowa. The Building Official may waive the requirements for engineer or
architecturally approved plans for the following building types:
(i) Detached residential buildings containing twelve or fewer family
dwelling units of not more than three stories and outbuildings in connection with the buildings.
(ii) Buildings used primarily for agriculture purposes including grain
elevators and feed mills.
(iii) Nonstructural alterations to existing buildings which do not
change the use of a building.
a. From any other use to a place of assembly of people or
public gathering.
b. From any other use to a place of residence not exempted
by subsection 1.
C. From an industrial or warehouse use to a commercial or
office use not exempted by subsection 4.
(Ord.No. 3217, Sec. 6, 3-23-93)
(iv) Warehouses and commercial buildings not more than one story
in height, and not exceeding ten thousand square feet in gross floor area; commercial buildings no
more than two stories in height and not exceeding six thousand square feet in gross floor area and light
industrial buildings.
(Ord.No. 3378, 4-9-96)
(v) Factory built buildings which are not more than two stories in
height and not exceeding twenty thousand square feet in gross floor area or which are certified by a
professional engineer registered under chapter 542B,Code of Iowa.
(Ord.No. 3378, 4-9-96)
(vi) Churches and accessory buildings,whether attached or separate,
not more than two stories in height and not exceeding two thousand square feet in gross floor area.
(Ord.No. 3378, 4-9-96)
(b) Plans and specifications shall be drawn to scale upon substantial material
or cloth and shall be of sufficient clarity to indicate the nature and extent of the work proposed,and
shall include that level of detail necessary to demonstrate that the plans and specifications conform
to the provisions of this Code and all relevant laws,ordinances,rules and regulations. The first sheet
of each set of plans shall give the house and street address of the work and the name and address of
the owner and person who prepared them. Plans shall include a plot plan showing the location of the
proposed building and of every existing building on the property. In lieu of detailed specifications,
the Building official may approve references on the plans to a specific section or part of this Code or
other ordinances or laws.
(c) Computations, stress diagrams, and other data sufficient to show the
correctness of the plans shall be submitted when required by the building official. Plans for buildings
more than two(2) stories in height of other than Group R-3 and U occupancies shall indicate how
required structural and fire-restrictive integrity will be maintained where a penetration will be made
for electrical,mechanical,plumbing,and communications conduits and pipes,and similar systems.
(Ord. No. 3378, 4-9-96)
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(4) Building Permits Issued.
(a) The application,plans,and specifications filed by an applicant for a permit
shall be reviewed by the Building Official. Such plans may be reviewed by other departments of the
City to check compliance with the laws and ordinances under their jurisdiction. If the Building
Official fmds that the work described in an application for permit and the plans filed therewith
conforms to the requirements of the Code and other pertinent laws and ordinances, the Building
Official may issue a permit therefore to the applicant;however, except by specific approval of the
Municipal Engineer,a permit shall not be issued in a development where the construction of streets,
drainage,water,sewer and other such facilities have not been accepted by the City,or completed to
the satisfaction of the Municipal Engineer.
(b) When the Building Official issues a permit,the construction documents
shall be stamped "Released for Construction". The Building Official shall retain one set of
construction documents so reviewed. The other set shall be returned to the applicant,shall be kept
at the work site, and shall be open to inspection by the Building Official or his or her authorized
representative. Failure to maintain City stamped construction documents on site may result in
inspections not being performed.
Plans and specifications shall not be changed,modified,or altered without authorization from
the Building Official, and all work shall be done in accordance with the plans. One set of plans,
specifications,and computations shall be retained by the City of Ames.
The Building Official may issue a permit for the construction of part of a building or structure
before the entire plans and specifications for the whole building or structure have been submitted or
approved,provided adequate information and detailed statements have been filed complying with all
pertinent requirements of this Code.
(5) Validity of Permit.
The issuance of a permit or approval of plans and specifications shall not be construed to be
a permit for or approval of any violation of any of the provisions of this Code. No permit appearing
to give authority to violate or cancel the provisions of this Code shall be valid,except insofar as the
work or use which it authorizes is lawful.
The issuance of a permit based upon plans and specifications shall not prevent the Building
Official from thereafter requiring the correction of errors in said plans and specifications or from
preventing building operations being carried on thereunder when in violation of this Code or of any
other ordinance of the City.
(6) Expiration of Permit.
Every permit issued by the Building Official under the provisions of this Code shall expire
by limitation of time and become null and void if the building or work authorized by such permit is
not commenced within 180 days from the date of such permit or if the building or work authorized
by such permit is suspended or discontinued for a period of 60 days at any time after the work is
commenced. Before such work can be recommenced,a new permit shall be first obtained so to do,
and the fee therefore shall be one-half the amount required for a new permit for such work,provided
no changes have been made or will be made in the original plans and specifications for such work;and
provided further that such suspension or abandonment has not exceeded one year.
(Ord.No. 3378, 4-9-96)
(7) Suspension or Revocation of Permit.
The Building Official may,in writing,suspend or revoke a permit issued under provisions
of this Code whenever the permit is issued in error or on the basis of incorrect information supplied,
or in violation of any ordinance or regulation or any of the provisions of this Code or of any other
ordinance of the City. The Building Official may deny building inspections or new permits to a
contractor whose credit account with the City of Ames is in excess of 30 days overdue.
(Ord.No. 3194, Sec. 1, 9-24-92)
(8) Placement of Permit
The Building Permit or copy shall be kept on the site of the work until the completion of the
project.
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DIVISION IV
FEES AND INSPECTIONS
Sec.5.401. FEES.
Section 108 of the IBC and section R108 of the IRC are deleted and replaced by the following:
(1) Building Permit Fees. A fee structure shall be established by Resolution of the
City Council and shall be charged accordingly.
(2) Expiration of Application and Plan Review. An application for which no permit
is issued within one hundred eighty(180)days following the date of application may be voided due
to limitation of time, and plans submitted for review may thereafter be returned to the applicant or
destroyed by the Building Official. The Building Official may extend the time for action one hundred
eighty(180)days on the application due to circumstances beyond the control of the applicant which
have prevented action from being taken. An expired application may only be reactivated by the filing
of a new application, including plans and fees. Fees paid prior to expiration, in excess of the plan
review fee,may be refunded by the Building Official,on receiving the applicant's written request not
later than ninety(90)days after expiration. An applicant's written request for voluntary withdrawal
of the application shall be deemed to be expiration of the application.
(3) Refunds. There shall be no refund of building permit fees except:
(a) When the permit has been issued and no part of the work has commenced,
there shall be a refund reduced by the amount of the plan review fee.
(b) When a permit has been issued and part of work has commenced,the fee
may be refunded on a proportional basis.
(c) When the permit has been issued through error on the part of the City,and
it is found that the work applied for cannot be allowed,a refund shall be made in full.
(d) When an error has been made in fee calculation.
(Ord. No. 3194,Sec. 1, 9-24-92)
Sec.5.402. INSPECTIONS.
Section 109 of the IBC and Section R109 of the IRC are deleted and replaced by the following:
(1) General. All construction or work for which a permit is required shall be subject
to inspection by the Building Official, and certain types of construction may have continuous
inspection by special inspectors,as specified in Subsection 5.108(6).
A survey of the lot may be required by the Building Official to verify compliance of the
structure with approved plans. It shall be the duty of the permittee to cause the work to be accessible
and exposed for inspection purposes.
(Ord.No. 3378, 4-9-96)
(2) Approvals Required. No work shall be done on any part of the building or
structure beyond the point indicated in each successive inspection without first obtaining the written
approval of the Building Official. Such written approval shall be given only after an inspection shall
have been made of each successive step in the construction as indicated by each of the Required
Inspections. An "approved tag", usually placed near the front entrance, shall constitute written
approval.
There shall be a final inspection and approval,prior to occupancy, on all buildings when
completed and ready for occupancy.
(3) Required Inspections. Reinforcing steel or structural framework of any part of any
building or structure shall not be covered or concealed without first obtaining the approval of the
Building Official.
The Building Official,upon notification from the permit holder or his agent,shall make the
following inspections and shall either approve that portion of the construction as completed or shall
notify the permit holder or his agent wherein the same fails to comply with this Code.
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(a) Foundation Inspection. To be made after trenches are excavated and
forms erected and when all materials for the foundation are delivered on the job. Where concrete from
a central mixing plant(commonly termed"transit mixed")is to be used,materials need not be on the
job.
(b) Foundation Wall Inspection:
(i) Concrete-cast in place-to be made when forms erected and all
steel in place and all materials on the job. Where concrete from a central mixing plant is to be used,
concrete need not be on the job.
(ii) Masonry-to be made when block is in place as per code,and all
steel is in place and all materials on the job. Where grout from a central mixing plant is to be used,
grout need not be on the job.
(iii) Wood-to be made when wood is erected and skin is in place and
all materials are on the job.
(Ord. No. 3315, Sec. 1, 12-20-94)
(c) Frame Inspection. To be made after the roof,all framing,fire-blocking,
and bracing are in place and all pipes,chimneys,and vents are complete,and electrical,plumbing and
mechanical rough inspections have been made.
(d) Final Inspection. To be made after building is completed and ready for
occupancy. Plumbing,mechanical and electrical finals will be called prior to or in conjunction with
a final inspection.
(4) Other Inspections. In addition to the required inspections specified above,the
Building Official may make or require any other inspections of any construction work to ascertain
compliance with the provisions of this Code and other laws which are enforced by the City.
For the purpose of determining continued compliance with this Code,the Building Official may cause
any structure to be reinspected.
(5) Reinspections. A reinspection fee may be assessed for each inspection or
reinspection when such portion of work for which inspection is called is not complete, or when
corrections called for are not made,or for failure to provide access on the date for which inspection
is requested.
This subsection is not to be interpreted as requiring reinspection fees the first time a job is
rejected for failure to comply with the requirements of this code,but as controlling the practice of
calling for inspections before the job is ready for such inspection or reinspection. Reinspection fees
shall be paid in accordance with fees established by City Council.
(Ord. No. 3378, 4-9-96)
(6) Special Inspections.
(a) General. In addition to the inspections to be made as specified in
subsections 5.402(3)and(4),the Building Official may require the owner or his agent to employ a
special inspector who shall be present during construction on all the types of work set forth in Sec.
1704 of the IBC.
(Ord. No. 3378, 4-9-96)
(b) Special Inspector. The special inspector shall be a qualified person
approved by the Building Official.
The special inspector shall furnish continuous inspection on the construction work requiring
his/her employment. He shall report to the Building Official in writing,noting all Code violations,
corrections,and other information as required.
(c) Periodic Special Inspection. Inspections as described in this section may
be made on a periodic rather than continual basis,provided the periodic schedule is specified and
approved by the Building Official.
Exception. The Building Official may waive the requirement for the employment of a
special inspector if he finds that the construction or work is such that the construction or work is
conventional in nature.
(Ord.No. 3194, Sec. 1, 9-24-92)(Ord. No. 3217, Sec. 7, 3-23-93)
10
DIVISIONV
ABATEMENT OF DANGEROUS BUILDINGS
Sec.5.501. ABATEMENT OF DANGEROUS BUILDINGS
(1) Dangerous Building Defined. For the purpose of this code, any building or
structure which has any or all of the conditions or defects hereinafter described shall be deemed to be
a dangerous building,provided that such conditions or defects exist to the extent that the life,health,
property or safety of the public or its occupants are endangered:
(a) Whenever any door,aisle,passageway,stairway or other means of exit is
not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in
case of fire or panic.
(b) Whenever the walking surface of any aisle,passageway,stairway or other
means of exit is so warped,worn,loose,torn or otherwise unsafe as to not provide safe and adequate
means of exit in case of fire or panic.
(c) Whenever the stress in any materials,member or portion thereof,due to
all dead and live loads,is more than one and one half times the working stress or stresses allowed in
the Building Code for new buildings of similar structure,purpose or location.
(d) Whenever anyportionthereofhas been damaged by fire,earthquake,wind,
flood or by any other cause, to such an extent that the structural strength or stability thereof is
materially less than it was before such catastrophe and is less than the minimum requirements of the
Building Code for new buildings of similar structure,purpose or location.
(e) Whenever any portion or member or appurtenance thereof is likely to fail,
or to become detached or dislodged,or to collapse and thereby injure persons or damage property.
(f) Whenever any portion of a building, or any member, appurtenance or
ornamentation on the exterior thereof is not of sufficient strength or stability,or is not so anchored,
attached or fastened in place so as to be capable of resisting a wind pressure of one half of that
specified in the Building Code for new buildings of similar structure, purpose or location without
exceeding the working stresses permitted in the Building Code for such buildings.
(g) Whenever any portion thereof has wracked,warped,buckled or settled to
such an extent that walls or other structural portions have materially less resistance to winds or
earthquakes than is required in the case of similar new construction.
(h) Whenever the building or structure,or any portion thereof,because of(i)
dilapidation,deterioration or decay;(ii)faulty construction;(iii)the removal,movement or instability
of any portion of the ground necessary for the purpose of supporting such building; (iv) the
deterioration, decay or inadequacy of its foundation; or(v)any other cause, is likely to partially or
completely collapse.
(i) Whenever,for any reason,the building or structure,or any portion thereof,
is manifestly unsafe for the purpose for which it is being used.
0) Whenever the exterior walls or other vertical structural members list,lean
or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside
the middle one third of the base.
(k) Whenever the building or structure,exclusive of the foundation,shows 33
percent or more damage or deterioration of its supporting member or members,or 50 percent damage
or deterioration of its nonsupporting members,enclosing or outside walls or coverings.
(1) Whenever the building or structure has been so damaged by fire, wind,
earthquake or flood, or has become so dilapidated or deteriorated as to become (i) an attractive
nuisance to children; (ii) a harbor for vagrants, criminals or immoral persons; or as to (iii) enable
persons to resort thereto for the purpose of committing unlawful or immoral acts.
(m) Whenever any building or structure has been constructed, exists or is
maintained in violation of any specific requirement or prohibition applicable to such building or
structure provided by the building regulations of this city, as specified in the Building Code or
Housing Code,or of any law or ordinance of this state or city relating to the condition, location or
structure of buildings.
11
(n) Whenever any building or structure which, whether or not erected in
accordance with all applicable laws and ordinances,has in any nonsupporting part,member or portion
less than 50 percent, or in any supporting part, member or portion less than 66 percent of the (i)
strength, (ii) fire-resisting qualities or characteristics, or (iii) weather-resisting qualities or
characteristics required by law in the case of a newly constructed building of like area,height and
occupancy in the same location.
(o) Whenever a building or structure,used or intended to be used for dwelling
purposes,because of inadequate maintenance, dilapidation, decay, damage, faulty construction or
arrangement,inadequate light, air or sanitation facilities, or otherwise, is determined by the health
officer to be unsanitary, unfit for human habitation or in such a condition that is likely to cause
sickness or disease.
(p) Whenever any building or structure,because of obsolescence,dilapidated
condition,deterioration,damage,inadequate exits,lack of sufficient fire-resistive construction,faulty
electric wiring,gas connections or heating apparatus,or other cause,is determined by the fire marshal
to be a fire hazard.
(q) Whenever any building or structure is in such a condition as to constitute
a public nuisance known to the common law or in equity jurisprudence.
(r) Whenever any portion of a building or structure remains on a site after the
demolition or destruction of the building or structure or whenever any building or structure is
abandoned for a period in excess of six months so as to constitute such building or portion thereof an
attractive nuisance or hazard to the public.
(2) Enforcement.
(a) Administration. The Building Official,City Sanitarian,Fire Inspector,
or their designees are authorized to conduct inspections and take any other actions to carry out and
enforce the provisions of this chapter relating to dangerous buildings.
(b) Abatement. All buildings or portions thereof which are,on inspection,
determined to be dangerous,as provided in subsection(1), above, are hereby declared to be public
nuisances and shall be abated by repair,rehabilitation,vacation/securing against entry,demolition or
removal in accordance with procedures set forth herein.
(c) Notice and Order. When the Building Official or other inspector has
determined that a building is dangerous,the Building Official shall give a notice of that determination
and order of abatement directed to the owner of record,by certified mail,and shall post a copy of the
notice conspicuously on the property.
(i) Contents of Abatement Order. The order shall identify the
problems found and set forth a plan of abatement for the dangerous building. The Building Official
may include in the plan the requirement that the owner furnish to the Building Official an engineering
report,structural study or other professionally credentialed evidence for the purpose of determining
an appropriate plan of abatement.
The order shall set a date for commencement and completion of the plan.
(d) Failure to Obey Abatement Order. If any order of the Building Official
has not been complied with,the building official may cause the person to be prosecuted or institute
actions to abate the building as a public nuisance by securing against entry,repair or demolition.
(e) Appeals.
(i) The owner may take an appeal to the Board of Appeals where it
is alleged that the Building Official erred in the determination that a building is dangerous or where
the Building Official rejects or refuses to approve the mode or manner of construction,or material to
be used in the repair or abatement of a dangerous building.
(ii) Hearing. A hearing under the dangerous building provision of this
code will be held in accordance with normal Board hearing procedures.
(iii) Standards. In determining whether a building is dangerous,the
Board shall consider whether a building or structure has any or all of the conditions set forth in Sec.
5.131(1) of this chapter to the extent that the life, health, property or safety of the public or its
occupants are endangered.
12
In considering alternative materials and methods of construction,the Board may approve any
alternate if it fmds that the proposed design is satisfactory and that the material, method or work
offered is,for the purpose intended,at least the equivalent of that prescribed in this code in quality,
strength, effectiveness, fire resistance, durability and safety. Also, the Board shall require that
sufficient evidence or proof be submitted to substantiate any claim that may be made regarding the
use of alternates.
(iv) Failure to Obey Order. When a decision or order of the Board of
Appeals becomes final, and is not complied with, the building official may cause the person to be
prosecuted or institute actions to abate the building as a public nuisance by securing against entry,
repair or demolition.
(v) Recovery of Cost. Estimate of the cost of the proposed work
needed to abate the nuisance shall be obtained and presented to the Board. Should the decision of the
building official not be appealed or be upheld by the board and funds be necessary to repair or
demolish a structure, this request shall be presented to the City Council. Said cost then may be
assessed in accordance with Iowa law. This shall not prevent action from being taken during
emergency situations with City Manager approval. This shall be done in accordance with Iowa law
and established procedures.
(f) Violations. It shall be unlawful for any person,firm or corporation to erect,
construct,enlarge,alter,repair,move,improve,remove,convert or demolish;equip,use,occupy or
maintain any building or structure;cause or permit the same to be done in violation of this section.
(Ord. No. 3194,Sec. 1, 9-24-92)
DIVISION VI
AMENDMENTS,DELETIONS AND ADDITIONS
Sec.5.602. EXITS AND EMERGENCY ESCAPES.
Section 1025 of the IBC and Section R310 of the IRC are amended by adding these paragraphs:
The following provisions only apply to structures constructed prior to April 1, 1993:
As it is the purpose and policy of the City to correct those existing uses which are dangerous to life
and judged to be potential hazards,every sleeping room in a basement shall have at least one operable
window or door approved for emergency escape or rescue which shall open directly onto a public
street,public alley,yard or exit court. The units shall be operable from the inside to provide a full,
clear opening without use of separate tools.
EXCEPTION: Only those dwelling units which were granted a retroactive conversion permit that
provided for an exception to this provision for certain rooms shall not be required to install operable
windows or doors for emergency escape or rescue in those rooms.
(Ord.No. 3194, Sec. 1, 9-24-92; Ord. No. 3217,Sec. 8, 3-23-93; Ord. No. 3378, 4-9-96)
Sec.5.603. HABITATION OF BASEMENTS.
Section R305 of the IRC is amended by adding:
Exception: Basements within single family dwellings constructed prior to April 1, 1993 may be
converted to habitable space without meeting the ceiling height requirements of Section R305 IRC
if the ceiling is not less than seven feet in height,not including ductwork which does not exceed 25%
of a room. However,the building official may grant additional relief given the addition of increased
fire safety features,including,but not limited to,increased fire rating of materials,proximity of egress
windows,fire and smoke detection.
(Ord. No. 3194, Sec. 1, 9-24-92; Ord.No. 3378, 4-9-96)
13
See.5.604 SPRINKLERS.
Chapter 9,Section 903.2.7 of the IBC not withstanding,the requirement for installation of
a fire sprinkler system for a 3-plex and above maybe phased in during a 6 month period following the
adoption of the IBC. Permits applied for during this phase in period may choose to sprinkle the
structure,or build the structure under the requirements of the 1997 UBC. It is not allowed to use any
of the-IBC-code unless the building is sprinklered.
(Ord. No. 3194, Sec. 1, 9-24-92; Ord. No. 3378, 4-9-96)
Sec.5.605.ELEVATORS.
Chapter 30 of the IBC is amended by adding:
Elevators and their components shall comply with the provisions promulgated by the Iowa
State Labor Commissioner and of Chapter 30,IBC,
(Ord. No. 3194, Sec. 1, 9-24-92; Ord. No. 3378, 4-9-96)
Sec.5.606. FOUNDATION ANCHORAGE.
Section R403.1.6 of the IRC notwithstanding,anchor bolts shall be placed every four feet on
center.
(Ord.No. 3194,Sec. 1,9-24-92;Ord.No. 3217,Sec. 10, 3-23-93; Ord.No. 3316,Sec. 1, 12-20-94;
Ord.No. 3477,Sec. 1, 3-12-98)
Sec.5.607. LANDINGS AT DOORS.
Section R311.4.3 of the IRC is amended by changing the exception to read as follows:Where
a stairway of three or fewer risers is located on the exterior side of a door,other than the requried exit
door,a landing is not required for the exterior side of the door.
Sec.5.608. FOOTINGS.
The provisions of Section R403.1.4.1 of the IRC: Frost protection are amended so that
Exception 1 thereof states:
Exception: 1. A detached one-story wood or metal frame building not used for human occupancy
and not over 720 square feet in floor area may be constructed with walls supported on a concrete slab
with thickened perimeter edge to allow''/z"diameter anchor bolts to be embedded a minimum of 7"
when approved by the Building Official,or administrative authority having jurisdiction.
Section 1805.2.1 IBC is amended so that the Exception states: Freestanding accessory structures with
an area of 720 sq feet or less shall not be required to be frost protected.
(Ord.No. 3194,Sec. 1, 9-24-92;Ord.No. 3217,Sec. 10, 3-23-93; Ord. No. 3378, 4-9-96;Ord.No.
3477, Sec. 1, 3-12-98)
14
Sec.5.609. FOUNDATION,STUD BEARING WALLS.
Section 1805 of the IBC and Chapter 4 of the IRC are amended to allow for foundations and
footings of buildings with Type V wood framed construction of three stories or less to be designed,
at a minimum,to meet the specifications of the following table.
Number of Thickness of Width Thickness Minimum Depth of
Floors Foundation Walls of of Footing Foundation Below
Supported (inches) Footing (inches) Natural Surface of
by the (inches) Ground or Finish
Foundations Grade(Whichever is
* Lower)(inches)
Concrete Unit
Masonry
1 8 8 16 8 42
2 8 8 16 8 42
3 10 12 18 12 42
*Foundations may support a roof in addition to the stipulated number of floors. Foundations
supporting roofs only shall be as required for supporting one floor.
All other structures shall have footings and foundations engineered to meet the requirements
of Section 1805 of the IBC,and Chapter 4 of the IRC.
All buildings shall have perimeter footings to 42"below grade, and such footings shall be
designed to withstand all forces placed upon them as per Section 1805 of the IBC and Chapter 4 of
the IRC or engineering to show equivalency.
Trench footings are allowed as a continuous 8" single pass trench for a single story wood
frame structure with spans not exceeding 16 feet. The trench must be 42"deep and have at least two
(2) horizontal rods fixed in place and tied into the existing structure. Soil bearing pressure to be
minimum of 2000 psi.
(Ord.No.3194,Sec.1,9-24-92;Ord.No.3217, 3-23-93;Ord.No.3378,4-9-96;Ord.No.3477,Sec.
1, 3-12-98; Ord.No. 3479, Sec. 1, 3-31-98)
Sec.5.610. STAIRWAY HANDRAIL
Section R311.5.6.2 of the IRC is amended by adding exception#3 to read as follows:
3. Handrails need not be continuous within a single dwelling unit if approved by the
Building Official.
(Ord. No. 3194, Sec. 1, 9-24-92; Ord. No. 3217,Sec. 10, 3-23-93; Ord.No. 3322, Sec. 1, 3-28-95)
Sec.5.611. FIRE MARSHALL'S RULES.
Chapter 9 of the IBC is amended to add a new section 912 to read as follows:
912. Fire Extinguishers. The rules of the State Fire Marshall which require the installation of
approved type fire extinguishers and which have been promulgated under the authority of Iowa Code
Section 100.35 as set out at Iowa Administrative Code 661-Chapter 5, are hereby adopted as a part
of this ordinance and by this reference are made applicable as if set out fully herein.
(Ord.No. 3194, Sec. 1, 9-24-92; Ord.No. 3378, 4-9-96)
See.5.612. ELEVATORS.
Section 3001 IBC is amended to add a new paragraph to read as follows:
The rules of the Iowa Division of Labor Services shall also apply.
(Ord.No. 3194, Sec. 1, 9-24-92; Ord. No. 3378, 4-9-96)
15
Sec.5.613. FACTORY BUILT STRUCTURES.
The State of Iowa regulations pertaining to the manufacture and installation of factory built
structures promulgated as Section 103A.9 Code of Iowa, 1989, and Part 661, Sections 16.610(1)--
16.699 inclusive,Iowa Administrative Code,are by this reference adopted as part of the City of Ames
Building Code to be applied and enforced as such.
(Ord.No. 3194, Sec. 1,9-24-92)
Sec.5.614. STAIR GEOMETRY
Section R311.5.3.1 and Section R311.5.3.2 of the IRC are amended to include the following
statement: The new required stair geometry shall pertain only to permits applied for after one year
from the date of adoption of the International Residential Code.
Sec.5.615. GROUND SNOW LOADS.
Section 1608.2 of the IBC is amended by adding the following statement:The ground snow
load in the City of Ames,Iowa,shall be thirty(30)pounds per square foot(psf).
Sec.5.616. REFERENCED CODES.
Sections 101.4.1, 101.4.2, 101.4.3, 101.4.4, 101.4.5, 101.4.7 of the IBC are deleted
(Ord.No. 3194,Sec. 1, 9-24-92; Ord.No. 3378, 4-9-96)
16
DIVISION VII
SIGNS
Sec.5.701. SHORT TITLE; SCOPE;PURPOSE.
This chapter may hereafter be known and cited as the "sign regulations."
The provisions of this chapter shall govern the construction, repair, erection, alteration,
location,and maintenance ofprivately owned outdoor signs and outdoor advertising and identification
devices of every kind,together with their appurtenant and auxiliary devices.
The sign regulations are found and declared to be necessary and proper to the following purposes:
(1) Protecting property values within the City of Ames.
(2) To prevent the occurrence of urban blight and slum conditions.
(3) To protect the general public from damage and injury which may be caused by the
faulty and unregulated use of signs.
(4) To prevent any unreasonable appropriation of the public domain,its open spaces,
streets,and ways to private use.
(5) To restore,preserve,and promote aesthetic character in the City of Ames.
(Ord.No. 2578, Sec. 2, 12-21-76; Ord.No. 3194, Sec. 1, 9-24-92)
Sec.5.702. DEFINITIONS.
(1) Awning sign: Any sign affixed directly on or attached to an awning.
(2) Canopy sign: Any sign mounted on or supported by a canopy.
(3) Ground signs: Any sign supported by one or more uprights or braces placed upon
or set into the ground.
(4) Illuminated sign: Any sign which has characters,letters,figures,designs or outline
illuminated by electric lights or luminous tubes as a part of the sign proper.
(5) Marquee signs: Any sign mounted on or supported by a marquee.
(6) Off premises: Signs not located at the site of that which is advertised or identified.
(7) On premises: Signs located at the site of that which is advertised or identified.
(8) Projecting sign: Any sign other than a wall sign which is attached to a building
and extends beyond the line of said building.
(9) Roof sign: Any sign erected,constructed and maintained wholly upon or over the
roof of any building.
(10) Sign: Any advertising device or surface out-of-doors,on or off premises, which
conveys information or identification.
(11) Sign structure: An element or assemblage of elements which supports or is capable
of supporting a sign. A sign structure may be free-standing,attached to a building,an integral part
of the building,or combination thereof.
(12) Structural member: A component part of a structural system required to carry the
primary supportive stresses of the building to the ground,as opposed to members carrying little or no
supportive stress other than their own weight,and functioning as an in-fill or nonstructural enclosure.
(13) Temporary and/or portable signs: Any sign, banner, pennant, valance, to be
displayed for a limited time only,or any sign set upon the ground unsecured. A portable sign shall
be defined as any sign set upon or affixed to any device or ground with wheels or skids or framing so
as to afford portability by persons or auxiliary devices.
(14) Wall sign: A sign,impressed or painted on,or attached to a wall with the exposed
face of the sign in a plane approximately parallel to the plane of the wall.
(Ord.No. 2578, Sec. 2, 12-21-76)
(15) Subdivision Development Sign: A temporary sign identifying a new or developing
residential housing subdivision by name.
(Ord. No. 3053, Sec. 1, 6-27-89)
17
(16) Developer: The legal or beneficial owner or owners of a lot or of any land included
in a proposed development including the holder of an option or contract to purchase,or other persons
having enforceable proprietary interests in such land.
(Ord.No. 3053,Sec. 1, 6-27-89)
(17) Residential Subdivision Entrance Sign: A freestanding,on premise,permanent,
ground sign designating the name of a residential subdivision.
(Ord.No. 3255, Sec. 1, 1-11-94)
(18) Freestanding Sign: Any sign supported by structures or supports that are placed
on,or anchored in,the ground and that are independent from any building or other structure.
(Ord.No. 3255, Sec. 1, 1-11-94)
(19) Sign Height: The vertical distance between finished grade of the ground nearest
the sign structure and the uppermost point of the sign structure for residential subdivision entrance
signs.
(Ord. No. 3194, 9-24-92; Ord.No. 3255, Sec. 1, 1-11-94)
Sec.5.703. MEASUREMENT STANDARDS.
If a sign has two(2)or more faces,the area of all faces shall be included in determining the
total area of the sign: Except that if two sign faces are placed back to back,and are at no point more
than thirty(30)inches from one another,the area of the sign shall be taken as the area of one face if
the two faces are of equal area,or as the area of the larger face if the two(2)faces are of unequal area.
(Ord. No. 2578, Sec. 2, 12-21-76; Ord. No. 3194,Sec. 1, 9-24-92)
Sec.5.704. PERMITS,FEE REQUIRED.
(1) It shall be unlawful for any person to erect,alter structurally or relocate within the
City of Ames any sign as herein defined without first obtaining a permit from the building official.
The City Manager shall establish and charge reasonable fees to cover costs related to issuance of
permits. All electrically illuminated signs shall be subject to the provisions of all electrical codes
adopted by the City of Ames.
(2) The City Council shall,from time to time,set a reasonable fee for sign permits.
(Ord.No. 2578, Sec. 2, 12-21-76; Ord.No. 3194, Sec. 1, 9-24-92)
Sec.5.705. SIGN ERECTORS,REGISTRATION REQUIRED.
Persons erecting or installing signs for which permits are required shall be registered in
accordance with Section 5.103, except business owners may receive permits for signs placed on
property that they own or lease.
(Ord. No. 3194, Sec. 1, 9-24-92)
Sec.5.706. APPLICATIONS FOR PERMITS.
Applications for permits shall be made upon blanks provided by the building official and
shall contain or have attached thereto the following information:
(1) The name,address and telephone number of the applicant.
(2) The location of building,structure,or lot where the sign is to be located.
(3) Position of signs in relation to nearby buildings or structures.
(4) Two(2)blueprints or ink drawings of the plans and specifications and method of
construction and attachment to the building or on the ground.
(5) Written consent of the owner of the building,structure,or land to which or on which
the sign is to be erected. The lease between landlord and tenant will constitute written consent.
(6) The name of the person,firm,corporation,or association which is registered with
the City of Ames to do the work of installing or erecting the sign.
(7) Such other information as the building official shall require to show full compliance
with this and all other laws and ordinances of the City of Ames which may be applicable,including
the intended duration of temporary signs.
(Ord. No. 2578, Sec. 2, 12-21-76; Ord. No. 3194, Sec. 1, 9-24-92)
18
Sec.5.707. ILLUMINATED SIGNS; APPROVED BY ELECTRICAL INSPECTOR,
BUILDING OFFICIAL.
The application for a permit for erection of a sign in which electrical wiring and connections
are to be used shall be submitted to the electrical inspector. The electrical inspector shall examine the
plans and specifications with respect to all wiring and connections to determine if the same
specifications comply with applicable electrical codes prior to submission of the application to the
building official for final approval or disapproval.
(Ord.No. 2578, Sec. 2, 12-21-76; Ord.No. 3194,Sec. 1, 9-24-92)
Sec.5.708. PERMIT ISSUED IF APPLICATION IN ORDER.
It shall be the duty of the building official upon the filing of an application for a permit to
examine such plans and specifications and other data and the premises upon which it is proposed to
erect the sign,and if it shall appear that the provisions of the sign regulations and all other laws and
ordinances of the City of Ames are complied with, he shall then issue the permit. If the work
authorized by such permit is not completed in six(6)months from the date of its issuance,such permit
shall become null and void.
In addition,where the permit is for a subdivision development sign,the sign permit shall be
renewed annually until such time as the sign must be removed. Removal is subject to approval by the
City Building Official.
(Ord.No. 2578, Sec. 2, 12-21-76; Ord.No. 3053, Sec, 1, 6-27-89; Ord. No. 3194,Sec. 1, 9-24-92)
Sec.5.709. INSPECTION.
The building official or designees may inspect signs subject to the provisions of the sign
regulations for the purpose of determining whether the same is in compliance with the sign
regulations.
(Ord.No. 2578,Sec. 2, 12-21-76; Ord. No. 3194, Sec. 1, 9-24-92)
Sec.5.710. PERMIT REVOCATION.
If the building official shall fmd that any sign subject to the sign regulations is unsafe or
insecure or is a menace to the public or has been constructed or erected or is being maintained in
violation of the provisions of the sign regulations,the building official shall give written notice thereof
to the person in possession and control of the premises on which the sign is located. If such person
fails to remove or alter the sign so as to comply with the provisions of the sign regulations within
thirty(30)days of such notice,such person commits a municipal infraction. If a sign is an immediate
hazard,the building official may cause it to be removed immediately. A permit for a sign is a license
revocable at any time by the city council for the City of Ames subsequent to notice to the perm ittee
and an opportunity for the permittee to be heard by said city council.
(Ord.No. 2578, Sec. 2, 12-21-76; Ord.No. 3003, Sec. 7, 2-23-88; Ord.No. 3194, Sec. 1, 9-24-92)
Sec.5.711. CONSTRUCTION.
All signs shall be constructed in such a manner and installed with such materials so as to be
considered safe and substantial by the building official. The division of permits and inspections may
require a copy of stress sheets and calculations showing the structures as designed for dead load and
wind velocity in the amount required by the building code adopted by the City of Ames.
(Ord.No. 2578, Sec. 2, 12-21-76; Ord.No. 3194,Sec. 1, 9-24-92)
Sec.5.712. MAINTENANCE PROVISIONS.
Signs shall be maintained so as to be structurally sound and in a safe condition,and shall be
kept in a state of undeteriorated appearance by means of painting, sealing or coating and repair or
replacement of damaged parts,panels or lights.
(Ord.No. 2578, Sec. 2, 12-21-76; Ord.No. 3194, Sec. 1, 9-24-92)
19
Sec.5.713. REMOVAL OF CERTAIN SIGNS.
Any sign now or hereafter existing,which for a period of six(6)months no longer advertises
a bona fide business conducted, or a product sold, or a service offered, shall be taken down and
removed by the owner or owners of the building or premises upon which it is located within thirty(30)
days of written notice from the building official.
(Ord. No. 2578, Sec. 2, 12-21-76; Ord. No. 3194, Sec. 1, 9-24-92)
Sec.5.714. PROHIBITIONS.
No person shall have or permit on any premises:
(1) Any permanent sign which consists of or incorporates pennants, twirler lights,
pinwheels,whirligigs or other displays or devices which are designed to be activated by atmospheric
conditions so as to attract or distract the attention of the public by virtue of their movements.
(2) A ground sign which extends to any degree over public property.
(3) Any signs which employ flashing, blinking or rotating lights, except electronic
message signs that conform to Section 5.231 and are located in a commercial or industrial zoning
district.
(Ord. No. 3468, Sec. 1, 10-28-97)
(4) Any off premises sign nearer than three hundred(300)feet radius to any other off
premises sign.
(Ord.No. 3463, Sec. 1, 10-14-97)
(5) Any off premises sign shall not exceed three hundred(300)square feet or contain
more than two(2)surfaces back to back.
(6) Any off premises sign in the following zoning districts in the City of Ames: RL,
RM,RH,RLP,FS-RL,FS-RM,F-VR,and H-M.
(Ord. No. 3753, 1-13-04)
(7) Signs attached to or placed upon rocks,fences,trees or utility poles.
(Ord. No. 2578, Sec. 2, 12-21-76; Ord. No. 3194, Sec. 1, 9-24-92)
Sec.5.715. EXEMPTIONS FROM PERMITS.
The following signs shall not require a permit;however, such signs shall be subject to the
sign regulations:
(1) Nonelectrical real estate signs not exceeding six (6) square feet in area, which
advertise the sale,rental,or lease of the premises upon which said signs are located only.
(2) Nonelectrical signs,including bulletin boards,which are not over sixteen(16)square
feet in area for public, educational, charitable, fraternal or religious institutions when the same are
located on the premises of such institution.
(3) Nonelectrical signs denoting only the name and profession/business of an occupant
in a commercial building,public institutional building,or dwelling house and not exceeding two(2)
square feet in area.
(4) A nonelectrical single sign denoting the architect, engineer or contractor when
placed upon work under construction and not exceeding thirty-two(32)square feet in area.
(5) Nonelectrical memorial signs or tablets,names of buildings, and date of erection
when cut into any masonry surface or when constructed of bronze or other noncombustible materials.
(6) Publicly owned street name signs, traffic control signs, legal notices, railroad
crossing signs,danger and temporary warning or emergency signs;and,emblems,names,logo,and
symbols on motor vehicles and equipment being used for purposes other than the display of signs or
advertising devices.
(7) Nonelectrical public service signs which give only directions"in and out"or signs
which provide only information about directing people to ancillary facilities such as parking,entrance,
etc.
(8) A nonelectrical temporary sign supporting a candidacy for office or urging action
on any other matter on the ballot of a primary,general or special election,or city election.
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(9) A nonelectrical temporary or portable sign.
(Ord. No. 2578, Sec. 2, 12-21-76; Ord. No. 3194, Sec. 1, 9-24-92)
Sec.5.716. OBSTRUCTION--DOORS,WINDOWS,OR FIRE ESCAPES.
No person shall erect,locate or maintain any sign so as to prevent free ingress to or egress
from any door,window, or fire escape. No person shall attach any sign of any kind to a stand pipe
or fire escape.
(Ord. No. 2578,Sec. 2, 12-21-76, Ord. No. 3194, Sec. 1, 9-24-92)
Sec.5.717. SIGNS NOT TO CONSTITUTE TRAFFIC HAZARDS.
No person shall erect any sign at the intersection of any street in such a manner as to obstruct
free and clear vision of such intersection,or at any location where by reason of the position,shape or
color it may interfere with,obstruct the view of or be confused with any authorized traffic sign,signal
or device.
(Ord.No. 2578,Sec.2, 12-21-76; Ord. No. 3194, Sec. 1, 9-24-92)
Sec.5.718. REFLECTOR LIGHTS.
Lighting shall be permitted on signs provided,however,the reflectors shall be provided with
proper lenses, concentrating the illumination on the area of the sign so as to prevent glare upon the
street or adjacent property.
(Ord.No. 2578, Sec. 2, 12-21-76; Ord. No. 3194, Sec. 1, 9-24-92)
Sec.5.719. SPOTLIGHTS AND FLOODLIGHTS.
It shall be unlawful for any person to have any sign which is wholly or partially illuminated
by floodlights or spotlights that interferes with the vision of pedestrian or vehicular traffic.
(Ord.No. 2578, Sec. 2, 12-21-76; Ord. No. 3194, Sec. 1, 9-24-92)
Sec.5.720. BEACON-TYPE LIGHTS PROHIBITED.
It shall be unlawful for a person to operate any device,or to permit a site under their use and
control to be the location of any device that is being operated, to produce a beacon-type beam of
electric light, whether portable or fixed, (except common battery powered hand held lights), the
primary purpose of which is to cast a concentrated beam of light generally skyward during any time
between sunset and sunrise as a means of attracting attention to a location rather than to illuminate any
place, person or thing; except this section shall not apply to lights used in connection with the
operation of the Ames Municipal Airport.
(Ord.No. 3424, Sec. 1, 3-25-97)
Sec.5.721. ON PREMISES SIGNAGE.
For all signs subject to the sign regulations,in agricultural,commercial and industrial zoning
districts in the City of Ames except in the H-M District,there may be three(3)square feet of signage
for each foot of street frontage. Signs in the Planned Zoning districts are as permitted on the approved
site plan. Where any side of a building abuts on an alley,only painted on wall signs shall be permitted
on the side abutting the alley. Such sign shall be calculated as part of total permissible signage.
For all signs subject to the sign regulations in residential zoning districts in the City of Ames,only the
following signs are permitted:
(1) Real estate signs not exceeding six(6)square feet in area,which advertise the sale,
rental,or lease of the premises upon which said signs are located only.
(2) Signs,including bulletin boards,which are not over sixteen(16)square feet in area
for public,educational,charitable,fraternal or religious institutions when the same are located on the
premises of such institution.
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(3) Signs denoting only the name and professionibusiness of an occupant in a
commercial building,public institutional building,or dwelling house and not exceeding two(2)square
feet in area.
(4) Single sign denoting the architect,engineer or contractor when placed upon work
under construction and not exceeding thirty-two(32)square feet in area.
(5) Memorial signs or tablets,names of buildings,and date of erection when cut into
any masonry surface or when constructed of bronze or other noncombustible materials.
(6) Publicly owned street name signs, traffic control signs, legal notices, railroad
crossing signs,danger and temporary warning or emergency signs;and emblems,names,logos,and
symbols on motor vehicles and equipment being used for purposes other than the display of signs or
advertising devices.
(7) Public service signs which give only directions"in and out"or signs which provide
only information about directing people to ancillary facilities such as parking,entrance,etc.
(8) Temporary Sign supporting a candidacy for office or urging action on any matter
on the ballot of a primary,general or special election,or city election.
(9) Temporary or portable sign.
(10) Subdivision Development Signs. One subdivision development sign may be
permitted per preliminary plat or Conceptual Development Plan for subdivisions of 2 acres or more
in area. This sign shall not exceed 96 sq.ft. in area and 12 ft. in height. It shall be located in the
subdivision it identifies and no closer than 25 ft.from any property line,no closer than 100'from any
pre-existing residence and only on lots abutting collector or arterial streets. The sign shall be the sole
use of the property on which it is located. The sign shall identify the name of the subdivision exactly
as it is set out on the preliminary plat or conceptual development plan approved by the City and may
include the names of the subdivision developers,a map of the area covered by the subdivision and a
description of amenities in it. The sign shall not be installed until utility construction has begun in the
subdivision and the sign shall be removed once building permits have been issued for 50%of the lots
in the subdivision.
(11) Residential Subdivision Entrance Signs. The regulations described in this section
apply to subdivision entrance signs in residential subdivisions. The location,number, size,height,
materials,maintenance,and message regulations for subdivision identification signs are as follows:
(a) Signs located on private property shall be no closer to the traveled part of
a street than the right-of-way line.
Signs shall not be allowed in the street visibility triangle, as such is
described by Section 29.28.
(b) It shall be unlawful to erect a subdivision entrance sign on public property,
and the Council shall grant no encroachment permits for such signs.
(c) Subdivision entrance signs shall not be permitted off-premise.
(d) Two signs shall be permitted at each subdivision entrance.
Double-faced signs shall be counted as two signs.
(e) The size of the message area(subdivision name and address)of the sign
shall not exceed 20 square feet.
The size of the sign structure in comparison to the size of the message area shall not
exceed a ratio of 7 to 1,unless approved as part of a Planned Unit Development.
(f) Signs shall not exceed six(6)feet in height.
(g) Materials used in the construction of subdivision entrance signs shall be
low maintenance materials and may include: metal,wood,brick,stone,and concrete.
(h) Maintenance of signs,illumination devices,and landscaping shall be the
responsibility of the property owner. Signs which,by reason of deterioration,may become unsafe or
unsightly,shall be repaired or removed by the property owner upon written notice of the City. Signs
which by reason of deterioration become unsafe or unsightly, may be removed by the City upon
written notice of the City.
(Ord. No. 3299,Sec. 1, 9-27-94)
(i) The message on a subdivision entrance sign shall include only the name
and address of the subdivision.
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(j) Signs may be illuminated internally or by reflected light subject to the
following:
(i) The light source shall not be directly visible and shall be arranged
to reflect away from adjoining premises;
(ii) The light source shall not be placed so to cause confusion or
hazard to traffic,or to conflict with traffic control signs or lights;
(iii) No illumination involving movement,by reason of the lighting
arrangement,the lighting source,or other devices shall be permitted. This includes blinking,flashing,
rotating,and message changing;and
(iv) The Property Owner's Association shall be responsible for the
costs associated with providing electricity to the light source.
(k) Landscaping shall be incorporated at the base of each subdivision entrance
sign which enhances the site and the surrounding area. Plant materials shall not obstruct the visibility
of moving vehicles or interfere with the maintenance of adjacent public property. Approval of a
landscape plan for each residential subdivision entrance sign by the Director of Planning and Housing
is required.
(Ord.No. 3255,Sec. 2, 1-11-94, Ord. No. 3753, 1-13-04S)
(Ord. No. 2578, Sec. 2, 12-21-76; Ord.No. 2594,Sec. 1, 4-19-77; Ord. No. 3053, Sec. 3, 6-27-89;
Ord.No. 3194, Sec. 1, 9-24-92)"
Sec.5.722. GROUND SIGNS.
All ground signs subject to sign regulations shall meet the following requirements:
(1) All letters, figures, characters or representations in cut out or irregular form
maintained in conjunction with or attached to or superimposed upon any ground sign shall be safely
and securely built or attached to the sign's structure.
(2) Signs and location:
(a) It shall be unlawful to erect or permit any ground sign of a height greater
than fifty(50)feet; except,at points within 1,500 feet of the edge of any part of the right-of-way for
Interstate Highway 35 a ground sign may have a height not to exceed 100 feet measured from the base
of the sign support to the top of the sign.
(Ord. No. 3448,Sec. 1, 7-22-97)
(b) Off premises ground signs will be permitted to have a maximum of three
hundred(300)square feet of sign surface on a side.
(c) No ground sign shall be erected or permitted nearer the street than the
property line;provided,however,such placement is not in conflict with special building line setbacks
as established from time to time by city council. No part of said sign shall be permitted to overhang
the public domain.
(d) The minimum distance between on premises ground signs on any one
business location shall be fifty(50)feet.
(3) The premises surrounding all ground signs shall be maintained by the owner thereof
in a sanitary and uncluttered condition,free and clear of all obnoxious substances,rubbish,litter,and
weeds.
(Ord. No. 2578, Sec. 2, 12-21-76; Ord.No. 3194, Sec. 1, 9-24-92)
Sec.5.723. WALL SIGNS.
Wall signs subject to the sign regulations shall meet the following location requirements:
(1) Limitation on placement. No wall sign shall cover wholly or partially any wall
opening or project beyond the ends or tops of the wall to which it is attached.
(2) Proj ection over public property. No wall sign shall be erected on public right of way
without approval of the City Council.
23
(3) Size Regulations. The size regulations of Section 5.220 notwithstanding,there shall be
allowed,with respect to each building,subject to applicable zoning regulations,one permanent wall
sign that is not larger than sixty-four(64)square feet,or which does not occupy more than ten percent
(10%)of the area of the wall to which it is affixed,whichever is smaller, for each of the building's
sides that parallel a public street,if the wall sign is not internally lighted.
(Ord.No. 3623, 7-10-01)
(Ord.No. 2578, Sec.2, 12-21-76; Ord. No. 3194, Sec. 1, 9-24-92)
Sec.5.724. ROOF SIGN.
(1) Materials. The uprights, supports, and braces thereof shall be constructed of
materials as set forth in the uniform building code adopted by the City of Ames.
(2) Location.
(a) Height limitations. No roof sign shall have its highest point extend more
than twenty(20)feet above the roof level.
(b) Setback from roof edge. No roof sign shall be erected or maintained with
a face thereof nearer than five(5)feet to the outside wall toward the sign faces.
(c) Prohibited obstructions. No roof sign shall be placed on the roof of any
building or structure in such manner as to prevent free passage from one part of said roof to another
part thereof,or interfere with openings on said roof.
(3) Bracing,anchorage and supports. Every roof sign shall be thoroughly secured
to the building by iron or other metal anchors,bolts,supports,rods,or braces. The sign supports shall
be anchored into the basic building structure,roof joists,or roof girders. The bearing points of such
sign may bear on masonry walls or intermediate steel columns in the building or shall be supported
or anchored to the structural members of the building.
(4) Off premises. Off premises roof signs shall not be permitted.
(Ord.No. 2578, Sec. 2, 12-21-76; Ord.No. 3194,Sec. 1, 9-24-92)
Sec.5.725. PROJECTING SIGNS.
All projecting signs subject to the sign regulations shall meet the following requirements:
(1) Support. All bracing systems shall be designed and constructed to transfer lateral
forces to the foundations. For signs on buildings, the dead and lateral loads shall be transmitted
through the structural members of the building to the ground in such manner as not to overstress any
of the elements thereof.
(2) Limitations on glass. The lettering or advertising design to be illuminated on
projecting signs maybe composed of glass or other transparent or semitransparent material. Any glass
forming a part of any sign shall be safety glass or wire glass.
(3) Movable parts to be secured. Any movable parts of a projecting sign such as a
cover of a service opening shall be securely fastened by safety chains or hinges.
(4) Height limitations. The top line of the projecting sign shall not be higher than the
roof or parapet line of the building to which attached,except that when the roof line is less than fifteen
(15)feet in height,the sign may extend three(3)feet above;but under no circumstances shall the top
line of a projecting sign be permitted at a height of more than fifty(50)feet above ground level.
(5) Thickness limitations. The distance measured between the principal faces of any
projecting sign shall not exceed eighteen(18)inches.
(6) Location. The bottom line of every projecting sign shall be placed at least ten(10)
feet above any sidewalk over which it is erected. No projecting signs shall be erected in an alleyway.
No projecting signs shall project across or over any portion of public right of way.
(Ord.No. 2578, Sec. 2, 12-21-76; Ord.No. 3194, Sec. 1, 9-24-92)
Sec.5.726. TEMPORARY AND/OR PORTABLE SIGNS.
Temporary and/or portable signs subject to the sign regulations shall meet the following
requirements:
(1) A banner shall not exceed one hundred (100) square feet in area. All other
temporary and/or portable signs shall not exceed thirty-two(32)square feet in area.
24
(2) Except for those temporary signs and banners affixed to city light and utility poles
with the permission of the city,no temporary or portable sign shall be displayed longer than ninety
(90)consecutive days without removal or replacement.
(Ord.No. 3430, Sec.2, 5-13-97)
(Ord.No. 2578, Sec. 2, 12-21-76; Ord.No. 2785, Sec. 2, 9-21-81; Ord.No. 3194, Sec. 1, 9-24-92;
Ord.No. 3291, Sec. 1, 8-23-94)
Sec.5.727. MARQUEE SIGNS.
Marquee signs subject to the sign regulations shall meet the following provisions:
(1) Signs attached to or placed upon the roof of a marquee shall be completely within
the border line of the marquee's outer edge.
(2) Signs hung from a marquee shall be completely within the border line of the
marquee's outer edge and in no instance shall the bottom of said sign be lower than seven and one-half
(71/2) feet above the sidewalk. No hanging or suspended sign shall exceed eighteen(18)inches in
height overall. They may overhang the public right of way only by permission of the City Council.
(Ord. No. 2578, Sec. 2, 12-21-76, Ord.No. 3194, Sec. 1, 9-24-92)
Sec.5.728. AWNING AND CANOPY SIGNS.
No portion of an awning or canopy may be lower than seven and one-half(7'/2)feet above
a sidewalk. They may overhang public right of way only by permission of the City Council.
(Ord.No. 2578, Sec. 2, 12-21-76; Ord. No. 3194,Sec. 1, 9-24-92; Ord.No. 3772, 6-22-04)
Sec.5.729. NONCONFORMING SIGNS.
Signs in existence on December 21,1976,when these sign regulations became effective,may
continue in existence subject to Sections 5.209, 5.210, 5.212, and 5.213 and also subject to the
following:
(1) A sign shall not be altered structurally or moved unless it be made to comply with
the provisions of this chapter, except that the changing of the movable parts of an existing sign that
is designed for such changes,or the repainting or reposting of display matter shall not be deemed a
structural alteration.
(2) The lawful use of a sign existing on the effective date of these regulations,although
such sign does not conform to the provisions hereof,may continue;but if such nonconforming use is
discontinued for a period of six(6)months, any future use of such sign shall be in conformity with
the provisions of this chapter.
(3) No sign which has been damaged by fire,wind,explosion,or other act of God to
the extent that fifty (50) per cent or more of the sign is destroyed, shall be restored except in
conformity with the regulations of this chapter. Any sign which has been damaged to an extent less
than fifty(50)per cent,may be restored to its condition which existed as a nonconforming use prior
to its damage.
(Ord.No. 2578, Sec. 2, 12-21-76; Ord.No. 3194,Sec. 1, 9-24-92)
Sec.5.730. SIGN APPEALS.
(1) The Board of Appeals established by this chapter shall have jurisdiction, and its
appeal procedures shall apply when it is claimed that the regulations of this chapter pertaining to signs
have been incorrectly interpreted, or an equally good or better form of construction, method of
installation or type of material can be used.
(2) A sign is also subject to the zoning regulations. Appeals and applications for
variances and exception to zoning regulations applicable to a sign or signs shall be the exclusive
jurisdiction of the Zoning Board of Adjustment.
(Ord. No. 2578, Sec. 2, 12-21-76; Ord. No. 3194, Sec. 1, 9-24-92; Ord.No. 3477, Sec. 1, 3-12-98)
Sec.5.731. ELECTRONIC MESSAGE SIGNS.
Signs which display a message by means of electronically induced changes in points of
illumination,herein called electronic message signs,shall conform to the following:
25
(1)Not more than one electronic message sign shall be installed on or in relation to the same
building.
(2) An electronic message sign shall not have more than two sides on which messages can
be displayed by electronic means.
(3) No electronic message sign shall have a continuously running message or messages. That
is, each display of a message shall have a clearly discernable beginning and ending indicated by a
blank or dark time on the message display device or screen,which blank or dark time shall be not less
than three tenths(0.3)of a second in duration.
(4) The minimum time for display of a message shall be four(4)seconds,except for time and
temperature displays.
(5) A message that requires sequential changes in the image displayed on the message display
device shall be displayed in its entirety in not more than eight seconds.
(Ord.No. 3468,Sec.2, 10-28-97)
Sec.5.732. CERTAIN MOVABLE MARQUEE SIGNS PROHIBITED.
The use of a certain device, as hereinafter described, for the outdoor display of messages at
locations such that the device is visible to motorists traveling on the city streets,is prohibited. The
prohibited device is described as:
(1) not constructed or installed as a permanent structure but merely set upon the ground,
(2) consisting of a framework surrounding a vertical surface that is intended for the display
of messages by such means that the message displayed can be changed by adding, removing or
rearranging items that can be affixed to the framed vertical surface of the device again and again.
(Ord. #3506, Sec. 1, 11-24-98)
DIVISION VIII
MOVING STRUCTURES
Sec.5.801. STRUCTURE DEFINED.
The term"structure"as used in this division means any house,building,or other structure
eight(8)feet or more in width,which is to be moved from one location to another upon,along,across,
over,or near any street,avenue,alley,highway,sidewalk,or other public ground of the city.
(Code 1956, Sec. 46-1; Ord. No. 3194,Sec. 1, 9-24-92)
Sec.5.802. "HOUSE MOVER"DEFINED.
The term"house mover"as used in this chapter means a person who has been issued a valid
license to move structures.
(Code 1956, Sec. 46-2; Ord. No. 3194,Sec. 1, 9-24-92)
Sec.5.803. LICENSE REQUIRED.
No person shall engage in the business of moving structures within the city without first
obtaining a license therefore,as hereinafter provided.
(Code 1956, Sec. 46-3; Ord.No. 3194, Sec. 1, 9-24-92)
Sec.5.804. APPLICATION FOR LICENSE REQUIRED.
Any person, intending to carry on the business of house mover in the city shall file in the
office of the city manager an application in writing upon forms furnished by the city,and among other
things such application shall state:
(1) The name and address of the applicant.
(2) The person who will have charge of work done,qualifications and experience as such,
and that the person has knowledge of the provisions of this Code and the city ordinances relating
thereto.
(3) The applicant agrees to reimburse the city or others for all costs incurred in the moving
of structures under the provisions of the license and permit issued therefore.
(Code 1956, Sec. 46-4; Ord. No. 3194, Sec. 1, 9-24-92)
26
Sec.5.805. BOND.
The applicant must,before the license shall be issued, file with the city clerk a corporate
surety bond executed to the city in the amount of two thousand,five hundred dollars($2,500.00)with
sureties approved by the city clerk,conditioned that all work done under such license shall be done
in a good,competent manner and in accordance with the ordinances of the city relating thereto and
that the applicant or a surety will pay to the city or any person injured all damages for injuries to
persons or property caused by the negligence,fault or mismanagement of said applicant,or due to any
other cause,in doing any work under said license or any permit issued for such work,and will pay to
the city any cost or expense incurred in repairing or restoring any pavement,curbs,sidewalks,electric
facilities or other public works injured and of restoring such works to its previous condition.
(Code 1956,Sec. 46-5; Ord.No. 3194, Sec. 1, 9-24-92)
Sec.5.806. INSURANCE REQUIRED.
Applicant shall procure and maintain,for the duration of the license period,insurance against
claims for injuries to persons or damages to property which may arise from or in connection with the
function for which the license is issued.
Applicant shall furnish the City of Ames with certificates of insurance evidencing the
following coverages:
(1) Comprehensive General Liability with limits of no less than$1,000,000 combined single
limits per occurrence for bodily injury,personal injury and property damage.
(2) Automobile Liability with limits of no less than$1,000,000 combined single limits per
occurrence for bodily injury,personal injury and property damage.
(3) Worker's Compensation and Employee's Liability as required by the laws of the State
of Iowa.
The certificate must be on file in the office of the City Clerk,City of Ames before a license
shall be issued.
(Code 1956, Sec. 46-6; Ord. No. 3043, Sec. 1, 4-11-89; Ord.No. 3194, Sec. 1, 9-24-92)
Sec.5.807. ISSUANCE OF LICENSE.
Upon approval of the application for a license, the filing and approval of the bond and
certificate of insurance set forth herein, and the payment of the license fee,the city clerk shall issue
a license to the applicant as a house mover.
(Code 1956, Sec. 46-7; Ord. No. 3194,Sec. 1, 9-24-92)
Sec.5.808. LICENSE FEE;EXPIRATION; TRANSFERABILITY.
A fee for a license as a house mover shall be set by the city clerk to cover costs of
administration and issuance. The license shall expire on the first day of January next ensuing after
issuance therefore. The license shall not be transferable.
(Code 1956, Sec. 46-8; Ord.No. 3194, Sec. 1, 9-24-92)
Sec.5.809. REVOCATION OF LICENSE.
Any licensed house mover who shall, in any application for a permit,make any untrue or
false statements,or who shall be guilty of a violation of this chapter,or who shall be guilty of acts of
negligence in the conduct of the business,shall upon such fording have the license revoked by the city
council.
(Code 1956, Sec. 46-17; Ord. No. 3194, Sec. 1, 9-24-92)
Sec.5.810. PERMIT REQUIRED.
No person shall move any structure upon,across or over any street,avenue,alley,highway,
sidewalk or public ground of the city, or raise, lower or move any structure within twenty(20)feet
of any public sidewalk, without first obtaining a permit therefore from the city manager as herein
provided.
(Code 1956, Sec. 46-9; Ord.No. 3194, Sec. 1, 9-24-92)
Sec.5.811. APPLICATION FOR PERMIT.
All applications for a permit as herein required shall be in writing on forms furnished by the
city,filed in the office of the city manager,and among other things,shall state:
(1) The name and license number of the house mover.
27
(2) The present and proposed location of the structure to be moved together with the name
and address of the owner thereof.
(3) The building permit number as issued for the structure in the proposed location.
(4) A description of the structure to be moved,with the size,maximum height when loaded
and ready to be moved and the maximum width of the structure in the direction of travel.
(5) The route over which the structure is to be moved.
(6) The day and hour of the day when the structure will first be moved into the limits of the
public way and the approximate length of time the structure will be within said limits.
(7) Whether any,and what electric lines,telephone or telegraph wire,cables or guys will
have to be cut or moved or will be interfered with and the locations thereof.
(8) What railway tracks,if any,will be crossed,their location,and the day and approximate
hour when such crossing will be made.
(9) Whether any street structures will be removed or interfered with,including sidewalks,
curbing,fire hydrants,and street signs and signals.
(10)What shade trees,if any,will require trimming and the location of the property and name
of property owner thereof and whether consent for such trimming has been obtained from such
owners.
(11)A description of the type of moving equipment to be used.
(12)Said application shall state that all work will be done in strict accordance with the
provisions of this chapter and under the direction and supervision of the city manager.
(Code 1956, Sec. 46-10; Ord.No. 3194, Sec. 1, 9-24-92)
Sec.5.812. PERMITS TO UNLICENSED APPLICANTS AUTHORIZED.
The city manager may issue moving permits for structures to persons,whether licensed or
not,when the maximum width of such structure along the line of travel does not exceed fourteen(14)
feet, and when they may be moved on rubber tired vehicles or trucks in such a manner as will not
substantially interfere with traffic, damage any street structure or trees,require the removal of any
electric,telephone or telegraph wires,or damage any street pavements or sidewalks. Before issuing
such a permit the city manager shall designate the route to be followed and the date and time when
such moving shall take place,and shall supervise the operation of moving thereof.
(Code 1956, Sec. 46-13; Ord.No. 3194, Sec. 1, 9-24-92)
Sec.5.813. PERMIT FEES.
The City Council shall establish and charge reasonable fees to cover the costs of issuing
house moving permits. Additionally,the city manager may charge the house mover for the costs of
special services rendered by police units,utility or street crews or any special city expense caused by
the moving of a house or building.
(Code 1956, Sec. 46-19; Ord.No. 3194, Sec. 1, 9-24-92)
Sec.5.814. COMPLIANCE WITH BUILDING,ZONING,OTHER ORDINANCES.
No moving permit shall be issued unless the structure,if moved to a new location in the city,
will comply with the zoning,building code and all other ordinances of the city.
(Code 1956, Sec. 46-11; Ord. No. 3194, Sec. 1, 9-24-92)
Sec.5.815. OBSTRUCTING STREETS REGULATED.
No moving permit shall be issued to move any structure over the paved streets,avenues or
highways of the city when the maximum width of such structure in the direction of travel shall occupy
more than two(2) feet less than the total width of paving between curbs, and no structure shall be
allowed to obstruct the free passage of any street,avenue or highway for a greater length of time than
set forth in the permit issued therefore,except in case of unavoidable delay and through no fault or
negligence on the part of the permit holder,the city manager may grant such extension of time as is
reasonable.
(Code 1956, Sec. 46-12; Ord. No. 3194, Sec. 1, 9-24-92)
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Sec. 5.816. MOVING OVER RAILWAY TRACKS.
No permit shall be issued for the moving of any structure across the tracks of any railway or
street railway until the mover thereof shall have given the superintendent of such railway or street
railway companies not less than twenty-four(24)hours notice before such crossing of the tracks is to
be made and satisfactory arrangements for such crossing have been made and the city manager
advised in detail of such arrangements.
(Code 1956, Sec. 46-14; Ord. No. 3194, Sec. 1, 9-24-92)
Sec.5.817. CONSENT TO MOVE WIRES,CABLES REQUIRED.
No permit shall be issued for the moving of any structure which requires the removal of
electric,telephone or telegraph wires or cables until not less than twenty-four(24)hours notice has
been given of the time and place such removal is desired and the consent of the electric department
of the city and/or the telephone or telegraph company has been secured for such removal and the city
manager advised of such satisfactory arrangements.
(Code 1956, Sec. 46-15; Ord.No. 3194, Sec. 1, 9-24-92)
Sec.5.818. ISSUANCE,CONTENTS OF PERMITS;DENIAL.
When an application has been made for a moving permit as provided herein and is approved
by the city manager,the city manager shall, after being presented with a receipt for payment of the
permit fee by the house mover to the city clerk,issue to the applicant a permit,in duplicate,numbered
in consecutive order, one copy being furnished the applicant and a record thereof retained in the
manager's office. Such permit shall contain the name and address of the person to whom issued,the
route to be followed,and the time of starting and completing the moving operation within public ways,
an abstract of the information and agreements contained in the application, and such regulations,
conditions, and instructions as the city manager may deem necessary to protect public and private
property and secure compliance with the provisions of this chapter. Such permit shall not take effect,
and the work shall not be commenced until the time therein stated and shall at all times be under the
supervision and control of the city manager or the manager's designee. The city manager may deny
an application for a permit when it is necessary to protect public or private property;or public safety;
or to secure compliance with this Code or the laws of the State of Iowa.
(Code 1956,Sec. 46-16; Ord. No. 2163, Sec. 2, 10-18-66; Ord.No. 3194, Sec. 1, 9-24-92)
Sec.5.819. AUTHORITY TO REQUIRE PLANKING OF STREETS.
When in the judgment of the city manager it is necessary to protect streets or street
improvements,the city manager may require the house mover to properly and adequately plank such
streets and all rollers,trucks or other devices used in conveying and moving same shall run upon and
rest upon such planks at all times.
(Code 1956, Sec. 46-18; Ord. No. 3194, Sec. 1, 9-24-92)
DIVISION IX
MISCELLANEOUS
Sec.5.901. SWIMMING POOLS.
Section 3109.4 of the IBC,and Appendix G of the IRC are deleted and replaced by the following:
(1) Every outdoor swimming pool shall be completely surrounded by a fence or wall not less
than four feet in height,which shall be so constructed as not to have openings,holes,or gaps larger
than four inches(4")in any dimension except for doors and gates;and,if a picket fence is erected or
maintained, the horizontal spacing between pickets shall not exceed four inches (4"). A dwelling
house,or accessory building,may be used as part of such enclosure.
(2) All gates or doors opening through such enclosure shall be equipped with a self-closing
and self-latching device for keeping the gate or door securely closed at all times when not in actual
use,except that the door of any dwelling or accessory building which forms a part of the enclosure
need not be so equipped.
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(3) This requirement shall be applicable to all new swimming pools hereafter constructed,
other than indoor pools,and shall apply to all existing pools which have a depth of twenty-four inches
(24") or more of water at any point. No person in possession of land within the City, whether as
owner,purchaser,lessee,tenant,or a licensee,upon which is situated a swimming pool having a depth
of twenty-four inches(24")or more of water at any point shall fail to provide and maintain such fence
or wall as herein provided.
(4) The Building Code Board of Appeals may make modifications in individual cases,upon
a showing of good cause with respect to the height, nature of location of the fence, wall gates or
latches,or the necessity therefore,provided the protection as sought hereunder is not reduced thereby.
Said Board may permit other protection devices or structures to be used so long as the degree of
protection afforded by the substitute devices or structures is not less than the protection afforded by
the substitute fence,gates and latch described herein.
(5) The term swimming pool,as used herein,shall mean a body of water in an artificial or
semi-artificial receptacle or other container located outdoors,used or intended to be used for public,
semi-public or private swimming by adults or children, or both adults and children, operated and
maintained by any person,whether he be an owner,lessee,operator,licensee or concessionaire,and
shall include swimming pools used or intended to be used solely by the owner or friends invited to use
it without payment of any fee.
(Ord.No. 3194, Sec. 1, 9-24-92)
DIVISION X.
PENALTIES
Sec.5.1001. PENALTIES FOR OFFENSES PERTAINING TO BUILDINGS, SIGNS,AND
HOUSE MOVING.
A violation of any provisions of Chapter 5,Buildings, Signs and House Moving,shall be a
municipal infraction punishable by a penalty of$500 for a person's first violation thereof, and a
penalty of$750 for each repeat violation.(Ord.No.3194,Sec.1,9-24-92;Ord.No.3497,Sec.4,8-25-
98)"
Section Two. Violation of the provisions of this ordinance shall constitute a simple misdemeanor punishable as set out
by law.
Section Two. Violation of the provisions of this ordinance shall constitute a municipal infraction punishable as set out
in Section 1.9 of this 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 27th day of July 12004
Diane R.Voss,City Clerk Ted Tedesco,Mayor
0740
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