HomeMy WebLinkAbout1998-03-16-Ordinance 2241_Land Subdivision Regulations, Duplex LotsORDINANCE NO.224l
AN ORDINANCE TO AMEND SECTION 30l.l2,WAUKEE MUNICIPAL CODE,BY ADDING
PARAGRAPH (H)AS FOLLOWS TO PERMIT DIVISION OF DUPLEX LOTS TO PROVIDE INDIVIDUAL
OWNERSHIP OF UNITS;AND PROVIDING CONDITIONS FOR SUCH DIVISION.
Section 1.
amended by adding
Amendment.
paragraph H
Section 301.12/Waukee Municipal Code is hereby
as follows:
A.Where a side-by-side residential duplex dwelling is legally
conat.ruct.ed ,and the plat in which such dwelling is located is
properly recorded,providing the dwelling has met zoning regulations
at the time is was constructed,Lncpect.ed,and certificate of
occupancy issued;the lot may thereafter be divided to provide
individual ownership of the duplex units by the following procedure:
(1)A Plat showing the as-built location of the duplex structure
on the lot shall be filed with the City.
(2)The plat of survey shall provide a reference to this code
section and indicate the purpose for which the plat is prepared.
(3)The plat shall locate the new ownership division line along
the common wall of the structure,and provide individual legal
descriptions for each new parcel.
(4)If the proposed division is approved by the City,following
review by the County Auditor and Recorder,a deed may be recorded
thereafter affecting the lot division,and each lot may be in
separate ownership.
(5)A copy of the recorded deeds and plat of survey shall be
filed with the City.
B.In the event that a duplex or part thereof is removed or
destroyed,the City may require that the duplex unit be reproduced
or reconstructed as before,but the newly created lots may not
otherwise be considered buildable lots unless the proposed
construction meets the zoning setback and bulk requirements for the
zoning district in which it is then located.
C.The following requirements would have to be met by each unit
of the duplex divided as herein provided:
(l)Lots will comply with the zoning and/or deed restrictions.
(2)Buildings whose ownership is divided are required to be and
remain of the same exterior finish/including siding,roofing /
windows,paint color (or vinyl),garage doorsi and colors would be
kept the same,including the building roof which would be replaced
all at one time when required,and of the same color and pattern.
(3)Exterior storage buildings of like structure and construction
of the original edifice will be allowed with a maximum size of 12
feet by 12 feet,painted and finished the same as original,on a
permanent slab or foundation.
(4)Rear yard fencing in compliance with the Code of Ordinances of
Waukee is permitted.
(5)water and sewer services shall be entirely separate.Common
electrical and gas lines may serve all units,but each unit shall
be separately metered.
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.
its final passage,approval
This ordinance shall be in effect upon
and publication as provided by law.
Passed by the Council this 16th day of March/1998,and approved
this 16th day of March,1998.
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Jr.
MAY 0 R
Attest:
Kurt A.Rueckel,Clerk
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