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HomeMy WebLinkAbout2004-02-02-Ordinance 2460_Site Plan, ComplianceORDINANCE NO.2460 IANORDINANCETOAMENDSECTION304.11,WAUKEE MUNICIPAL CODE, CHAPTER 304,SITE PLAN REQUIREMENTS OF THE CITY OF WAUKEE,IOWA,BY ADDING SECTION 304.1l(B)TO PROVIDE FOR CONTINUED COMPLIANCE WITH REGULATIONS SET FORTH IN CHAPTER 304 WHEN IMPROVING OR MAINTAINING BUILDINGS OR SITE FEATURES;AND TO ENSURE THAT EXISTING NON- COMPLIANCE OF BUILDINGS OR SITE FEATURES DECREASES OR REMAINS THE SAME;AND PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT THEREWITH BE IT ORDAINED by the Council of the City of Waukee: Section 1.Section 304.11,Waukee Municipal Code,Site Plan Requirements of the City of Waukee is hereby modified by the addition of Section 304.1 I (B),which reads as follows: §304.11 Applicability to Existing Development "B.Non-compliance with Regulations Set Forth in Chapter 304. Any improvement or maintenance to any structure or site feature must not cause the site or building to become non-compliant with the regulations set forth in this Chapter.If the site or building is already non-compliant,the change to the building or site proposed by the owner must not cause them to become more non-compliant.For example,a building approved with a given amount of brick,glass or concrete panels may not replace these materials with EIFS,vinyl or metal siding.City Council,after receiving a recommendation from the Plarming and Zoning Commission,may determine said material when used as a primary element does not distract from the physical appearance ofthe building." Section 2.Repealer.All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.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 part of this ordinance shall be 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 ofthe City of Waukee,Iowa,this 2nd day of February 2004,and approved this 2nd day of February 2004 I Mark 1.Arentsen.j ity Administrafcr/Clerk