HomeMy WebLinkAbout2002-11-18-Ordinance 2392_Site Plan, Horizontal Property RegimeORDINANCE NO.2392
AN ORDINANCE AMENDING CHAPTER 304,SECTION 304.7 OF THE MUNICIPAL
CODE OF THE CITY OF WAUKEE,SITE PLAN REQUIREMENTS OF THE CITY OF
WAUKEE,IOWA,PROVIDING FOR SITE PLAN APPROVAL PRIOR TO ISSUANCE OF A
BUILDING PERMIT,IS HEREBY AMENDED BY ADDING THERETO THE WORDS,''NO
SITE PLAN SHALL BE APPROVED FOR ANY HORIZONTAL PROPERTY REGIME UNTIL
THE DECLARATION AS TO THE HORIZONTAL PROPERTY REGIME REQUIRED BY
§499B.3,CODE OF IOWA,SHALL HAVE BEEN APPROVED BY THE CITY COUNCIL.NO
SUCH DECLARATION AS TO THE HORIZONTAL PROPERTY REGIME SHALL BE
RECORDED WITH THE COUNTY RECORDER UNTIL APPROVAL BY THE CITY
COUNCIL SHALL HAVE BEEN ENDORSED THEREON."
Section 1.Section 304.7,Waukee Municipal Code,Site Plan Requirements,City of
Waukee,Iowa,is hereby amended by adding thereto the following words,"No site plan shall be
approved for any horizontal property regime until the declaration as to the horizontal property
regime required by §499B.3,Code ofIowa,shall have been approved by the City Council.No such
declaration as to the horizontal property regime shall be recorded with the county recorder until
approval by the City Council shall have been endorsed thereon."Section 304.7 shall thereafter read
as follows:
§304.7.Building Permits -Application.No building perrnit shall be
issued for the construction of any structure that is subject to the provisions of this
ordinance,until a site plan has been submitted for review covering the land upon
which said structure is to be erected,and further,approved by the City Countil for
such development iu accordance with this ordinance.No site plan shall be approved
for any horizontal property regime until the declaration as to the horizontal property
regime required by §499B.3,Code of Iowa,shall have been approved by the City
Council.No such declaration as to the horizontal property regime shall be recorded
with the county recorder until approval by the City Council shall have been
endorsed thereon
Section 2.Repealer.All ordinances or parts of ordinances iu conflict with the provisions
of this ordinance are hereby repealed.
Section 3.Severability Clause.If any section,provision or part of this ordiuance shall be
adjudged iuvalid or unconstitutional,such adjudication shall not affect the validity of the ordiuance
as a whole or any section,provision,or part thereof not adjudged iuvalid or unconstitutional.
Section 4.Effective Date.This ordiuance shall be in effect upon its fmal passage,
approval and publication as provided by law.
Passed by the City Council of the City of Waukee,Iowa,this 18th day of November 2002,and
approved this 18th day of November 2002.
Mark D.Leslie,Mayor