HomeMy WebLinkAbout2005-04-04-Ordinance 2511_C-2 Zoning District, Dwelling UnitsORDINANCE NO.2511
AN ORDINANCE TO AMEND CHAPTER 301,WAUKEE MUNICIPAL CODE,
ZONING ORDINANCE OF THE CITY OF W AUKEE,IOWA,BY AMENDING SECTION
30I.l9(A),CENTRAL BUSINESS DISTRICT,PRINCIPAL PERMITTED USES,BY
REPLACING SUB-SUBSECTION '2'WHICH READS "OWNER OCCUPIED DWELLING
UNITS IN EXISTING STRUCTURES.'OWNER'SHALL INCLUDE FAMILY OF OWNER
WITHIN THE SECOND DEGREE OF CONSANGUINITY OR AFFINITY"WITH
LANGUAGE THAT READS "DWELLING UNITS -PROVIDED THAT THE RESIDENTIAL
PORTION DOES NOT EXCEED 50%OF THE GROSS FLOOR AREA OF THE MAIN
FLOOR OR ANY STOREFRONT PORTION (ENTRANCES EXCLUDED);"AND BY
REMOVING SUBSECTION '3'WHICH READS "DWELLING UNITS OCCUPIED BY A
MANAGER OR MANAGERS IN RESPONSIBLE CHARGE,FOR ADEQUATE
CONSIDERATION,OF THE ENTIRE BUSINESS OR BUSINESSES HOUSED IN THE
SAME STRUCTURE OWNED BY THE OWNER OF THE BUSINESS OR BUSINESSES;"
AND BY REMOVING SUB-SUBSECTION '4'WHICH READS "COMBINATION OF
ABOVE USES."
BE IT ORDAINED by the Council of the City of Waukee:
Section 1.Chapter 301,Waukee Municipal Code,Zoning Ordinance of the City of
Waukee,Section 301.19(A)is hereby amended by replacing sub-subsection '2'which reads
"Owner occupied dwelling units in existing structures,'Owner'shall include family of Owner
within the second degree of consanguinity or affinity"with language that reads "Dwelling units -
provided that the residential portion does not exceed 50%of the gross floor area of the main
floor or any storefront portion (entrances excluded);"and by removing subsection '3'which
reads "Dwelling units occupied by a manager or managers in responsible charge,for adequate
consideration,of the entire business or businesses housed in the same structure owned by the
Owner of the business or businesses;"and by removing sub-subsection '4'which reads
"Combination of above uses;"so that Section 301.19(A)read as follows:
A.Principal Permitted Uses.
1.Any use permitted in the "C-1A"District,provided that the bulk
regulations of the "C-IA"District shall not apply to such use.
2.Dwelling units -provided that the residential portion does not exceed 50%
of the gross floor area of the main floor or any storefront portion
(entrances excluded).
Section 2.Repealer.All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are hereby repealed.
Section 3.Severability Clause.If any section,provision or pall of this ordinance shall be
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adjudged invalid or unconstitutional,such adjudication shall not affect the validity of the ordinance
as a whole or any section,provision,or part thereof not adjudged invalid or unconstitutional.
Section 4.Effective Date.This ordinance shall be in effect upon its final passage,
approval and publication as provided by law.
Passed by the City Council of the City of Waukee,Iowa,tins 4th day of April 2005,and approved
this 4th day of April 2005.
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