Chamberlain, L.L.C. v. City of Ames

STREIT, Justice.

An Ames developer planned to build an apartment complex with loft space that could be used for sleeping or storage. Uncertain whether the lofts were permissible under the Ames Municipal Code, the developer requested an interpretation of the code from the city’s building official, who concluded the lofts were permissible. When the building was completed, the city denied the developer’s application for a certificate of occupancy because it found the lofts violated the ceiling height requirements for habitable space. The developer appealed to the city’s board of appeals which…