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Home My WebLink AboutA004 - Proof of publication dated January 11, 2019 Proof Of Publication In THE AMES TRIBUNE ----------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------- STATE OF IOWA, STORY COUNTY,ss. I, Scott Anderson, on oath depose and say that I am Publisher of THE AMES TRIBUNE, a daily newspaper, published at Ames, Story County, Iowa; that the annexed printed CITY OF AMES Ordinance No 4376 was published in said newspaper 1 time(s) on January 11, 2019 the last of said publication was on the 11th day of January, 2019 KIMBERLY NELSEN Commission Number 790054 bw� My Commission Expires May 19,2021 l tsM r�C� rj C�Cy'j Notary Public sworn to before me and subscribed in my presence by Scott Anderson nn this 11th day of January, 2019 1:-:] AMT: $90.48 AD #: 1197917 � 1ACCT: 33408 CITYY OF Legal Notice Legal Notice Legal Notice < j #1197917 ment bedrooms shall not be spe- initiated a change of use or re- ORDINANCE NO.4376 cially permitted. ceived approvals from the City for AN ORDINANCE TO AMEND THE The enlargement of a noncon- changes to use of the property or MUNICIPAL CODE OF THE CITY OF forming use that has the effect of property improvements. AMES, IOWA, BY REPEALING SEC. making a structure nonconform- NO Calculation of Period of TION 29.307(2)(a)(i)(a),(b), ing,shall not be specially permit- Abandonment. Any period of dis. (c)(ii)(iii)(iv)(v),(b),(c)(I)(ii)(a),(b), ted pursuant to Section 29.1503, continuance or cessation of use (c),(d)(iii)(vi) AND ENACTING A but rather shall be construed as a caused by government actions, NEW SECTION 29.307( request for a variance, subject to fire or natural calamities, and 2)(a)(i)(ii)(iii)(iv)(v)(vi),(b),(c),(d), the procedures of Section 29.1504. without any contributing cause by (e),(f),(g)(I)(iI) (d)Exterior or Interior Remodel- the owner of the nonconforming (a)(b)(c),(d)(iii)(vi),(3)(a)(i) ing or Improvements to Structure. use, shall not be considered in THEREOF, FOR THE PURPOSE OF Exterior or interior remodeling or calculating the length of discon. UPDATING NONCONFORMING USE improvements to a structure con- tinuance pursuant to this Section AND NONCONFORMING STRUC- taining a nonconforming use shall for up to 18 months from the date TURE STANDARDS REPEALING be permitted, provided that any of the event. ANY AND ALL ORDINANCES OR Proposed enlargement, expansion (3)Nonconforming Structures. PARTS OF ORDINANCES IN CON- or extension shall be subject to (a) Maintenance and Repair. FLICT TO THE EXTENT OF SUCH the provisions set forth in the Maintenance, remodeling and re- CONFLICT; AND ESTABLISHING AN above paragraph. An increase in pair of a nonconforming structure EFFECTIVE DATE. intensity is not permitted in con- shall be permitted without a var- junction with remodeling or other iance or a Special Use Permit,pro- BE IT ENACTED,by the City Coun- improvements to the structure. vided that such maintenance, re- cil for the City of Ames,Iowa,that: (e) Relocation of Structure. A modeling or repair does not in- Section One. The Municipal structure containing a noncon. crease the degree of nonconform- Code of the City of Ames, Iowa forming use shall not be moved ity. shall be and the same is hereby unless the use and structure will (i) Remodeling. An alteration amended as follows: comply with all of the regulations to a nonconforming structure is "Section 29307. that apply in the new location. classified as remodeling if,either NONCONFORMITIES. The Zoning Board of Adjustment the majority of the exterior walls (2)Nonconforming Uses. may authorize a structure con- or the roof is maintained through- (a) Movement, Alteration and taining a nonconforming use to be out construction. In the event only Enlargement.No increase of inten- moved to another location on the an element of the structure (e.g. sity of use is permitted except in same lot, provided that they de. one wall) is non-conforming the conjunction with the allowances termine that such a move will not remodeling of that feature must of subsection b and c.Increase of have the effect of increasing the maintain 50%or more of its struc- intensity means any of the follow- degree of nonconformity. tural support and wall assembly ing: (f) Change of a Nonconforming to be considered remodeling and I. increase to the amount of Use. Except as provided in this not rebuilding of the structure. floor area for a non-Household Section,a nonconforming use may Nothing within this definition is in- Living use, be changed only to a use that con. tended to restrict the adding or ii. an increase in the horizon- forms to the Ordinance. Once changing of window and door tal or vertical dimensions of a changed to a conforming use, no openings or changes to exterior non-Household use may revert to, or be re- siding and roof materials in rela- Living use (both indoor or out- established as a nonconforming tion to the percentage door), use. limitations." iii.a change in operation of a (g)Abandonment. Section Two.All ordinances, or non-Household Living use that re- (I) Effect of Abandonment. parts of ordinances, in conflict quires corresponding improve- Once abandoned, a nonconform. herewith are hereby repealed to ments to the site, ing use shall not be reestablished the extent of such conflict,if any. iv. an increase in the amount or resumed. Any subsequent use Section Three. This ordinance of building coverage for a manu- or occupancy of the structure or shall be In full force and effect factured home, single or two- lot must conform with the regula- from and after its passage and family dwelling as Household Liv- tions of the district in which it is publication as required by law. ing, located. Passed this 8th day of January, v. an increase in the number (ii)Evidence of Abandonment. 2019. of apartment dwelling units, SRO, A nonconforming use shall be pre- Diane R.Voss,City Clerk and other self-contained dwelling sumed abandoned when any of John A.Haila,Mayor units as Household Living,and the following has occurred: vi. an increase in the number a. The owner has in writing Published in the January 11, 2019 of bedrooms for an apartment or by public statement indicated Ames Tribune(1T) dwelling unit,SRO,and other self- intent to abandon the use; contained dwelling units as b. The building or structure Household Living. has been removed through the ap. (b)The building area,floor area, Plicable procedures for the con- or dimensions of a nonconforming demnation of unsafe structures; use may not be enlarged,expand- C. The owner has physically ed or extended to occupy parts of changed the building or structure another structure or portions of a or its permanent equipment in lot that it did not occupy on the such a way as to clearly indicate a effective date of this Ordinance, change in use or activity to some- unless the enlargement, expan- thing other than the nonconform- sion or extension complies with ing use;or all requirements for the zone, d.The use has been discon- does not create an additional non- tinued, vacant or inactive for a conformity, and is approved for a continuous period of at least one Special Use Permit by the Zoning year. Board of Adjustment, pursuant to (III) Notice. Upon the occur- the procedures of Section 29.1503, rence of any of the events descri- excluding 29.1503(4)(b)(vii) of the bed in Section 3(b) above, the Review Criteria General Stand. Zoning Enforcement Officer shall ards,and subject to subsection c. document such event and shall is- (c) Any building or structure sue a notice to the property own- containing a nonconforming use er by certified mail,return receipt may be enlarged up to 125%of the requested, stating that the Prop. floor area existing on the effective erty owner's intent to abandon date of this ordinance, provided the Nonconforming Use is pre- that the expanded building or sumed,and that the Nonconform- structure complies with all devel- ing Use will be terminated unless opment standards of the zone in the property owner submits an which it is located. An increase in Answer within 30 days of the date intensity of operations, dimen- the notice was issued. However, sions, dwelling units, or apart- no notice of abandonment is re- quired when a property owner has