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HomeMy WebLinkAbout2903-07/11/1977 ORDINANCE NO. D AN ORDINANCE TO AMEND ORDINANCE NO. 2479, AS AMENDED, THE WATERLOO ZONING ORDINANCE BY REPEALING IN ITS ENTIRETY, PART XXVI, AMENDMENTS, SECTION 2A-55 AND ENACTING IN LIEU THEREOF A NEW PART XXVI, AMEND- MENTS, SECTION 2A-55. BE IT ORDAINED by the City Council of the City of Waterloo, Black Hawk County, Iowa: Section 1. That Part XXVI of Ordinance No. 2479, as amended shall be and the same is hereby repealed in its entirety and the following Part XXVI enacted in lieu thereof: PART XXVI r Amendments 2A-55 AMENDMENTS. The City Council, may from time to time, on its own motion or by petition, after public notice and hearings as provided by law, and after report by the Zoning Commission, amend, supplement, or change the boundaries or regulations herein or subsequently estab- lished, and such amendment shall not become effective except by the favorable vote of a majority of all the members of the City Council. Whenever any person, firm or corporation desires that any amendment, or change be made in this Ordinance as to any property in the City, and there shall be presented to the Council a petition requesting such change or amendment and clearly describing the property and its bound- aries as to which the change or amendment is desired, duly signed by the owners of fifty (50) percent of the area of all real estate inclu- ded within the boundaries of said tract as described in said petition. A plat shall be submitted showing the name and address of the owners of record as found in the County Assessor' s records of all property lying within two hundred fifty (250) feet of the boundaries of the proposed property to be rezoned., The Zoning Commission shall upon receipt of said petition and plat notify by mail all parties concerned as shown on said plat of a hearing to be held`by'sai omm . notice of hearing shall be mailed at least ten (10) days prior to the hearing and shall contain a description of the; proposed property to be rezoned and the present and proposed zoning classification. The Zoning Commission may upon the unanimous approval of members present at a regular meeting suspend the above hearing requirement and initi- ate the rezoning request. In case the proposed amendment, supplement or change be disapproved by the Zoning Commission, or a protest be presented duly signed by the owners of twenty (20) percent or more either of the area of the lots included in such proposed change, or of those immediately adja- cent in the rear thereof, extending the depth of one lot or not to exceed two hundred (200) feet therefrom, or of those directly opposite thereto, extending the depth of one lot or not to exceed two hundred (200) feet from the street frontage of such opposite lots, such amend- ment shall not become effective except by the favorable vote of at least three fourths of all the members of the Council. Whenever any petition for an amendment, supplement or change of the zoning or regu- lations herein contained or subsequently established shall have been denied by the City Council, then no neva petition covering the same property or the same 'property and additional property shall be filed with or considered by the City Council until six (6) months shall have elapsed from the date of the filing of the first petition. Before any action shall be taken as provided in this part, the party or parties proposing or recommending a change in the district regula- tions or district boundaries shall deposit with the City Treasurer the sum of seventy-five dollars ($75. 00) to cover the costs of this procedure and under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. BOOK 219 ➢ASE A r� Page 2 In the case of a request for Conditional Zoning the party or parties proposing or recommending such amendment shall deposit with the City Treasurer the sum of one hundred dollars ($100.00) to cover the costs of this procedure and under no conditionshall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Publication of the legal description of the property or properties zoned or rezoned shall constitute an official amendment to the Offi- cial Zoning Map; and, as such, said map or portion of said map need not be published. PASSED AND ADOPTED this 11th day of July , 19 77, by the City Council, and approved this 11th day of July 19 77 by, the, Mayor. Fro Tem, (s) Robert R. Wilharm k6bert A. wilharm , Mayor Pro Tem ATTEST: (s) Katherine Gibbs Katherine Gibbs, City Clerk Certificate ......,,atherine Gibbs City Clerk of the City of Waterloo, Iowa, do hereby certify I Katherine ........... that attached hereto is a true and complete copy of..................Ord inanc,e..................... No. .,.,,,,2903,,.,,,,, as passed and adopted by the Council of the City of Waterloo, Iowa, on the ......11..01.... day of......J.Uly...... 19.......Z7..... Witness My Hand and Seal of Office this .....12th day of .........July 1977,,,,,,.,,,,, .......... ` City Clerk • _ '" - Katherine Gibbs 1'788 INDEXED iQ btACX HAWK COUNTY; IOWA:SS COMPARED, 4WW for reoorc�_� 1 14r PAGED K at__ -0 - arra regWc�r3 In, book01 1`_�j of_Y� M.. Recorder ._ ��-...- --------- QWuty Bow, 219 P STR 137 s'zz WA ,e � I, ----Robert J .__McCo_y------------------------------ unty, SS Publisher of the Waterloo Crouricr a daily newspaper printed in the English m blished in Waterloo, Black Hawk County, Iowa do solemnly swear that Ordinance No . 2903 notice was published in the English language only zagwIzzli c once a---------------- for--------------- consecutive---------------------- commencing on the----------------day of --------------------------19------ >. in the issues of------------------July--14--1977---------------------------- r' ____________________of said newspaper, and that the annexed rate of advertising is the regular legal rate of said newspaper, and that the following is a correct bill for pub- lishing said notice. Printer's Bill t --------------------------------------------- -------------------------------------------- 1 Subscribed and sworn to before me this------15th----day of ---------------July----------------------A. D.r 19.77 ------------------------------------------------ ----------------------------------------- Notary Public Receivedof------------------------------------------------------------------- the ----- - - - ------------------- the sum of---------------------------------------------------------------- Dollars w in full for publication of the above notice. ----------------------------------------------------------------------------------------- Publishers CM1 .c. Y ORDINANCE NO. AN ORDINANCE TO AMEND ORDINANCE NO. 2479, AS AMENDED, THE WATERLOO ZONING ORDINANCE BY REPEALING IN ITS ENTIRETY, PART XXVI, AMENDMENTS, SECTION 2A-55 AND ENACTING IN LIEU THEREOF A NEW PART XXVI, AMEND- MENTS, SECTION 2A-55. BE IT ORDAINED by the City Council of the City of Waterloo, Black Hawk County, Iowa: 4 Section 1. That Part XXVI of Ordinance No. 2479, as amended shall be and the same is hereby repealed in its entirety and the following Part XXVI enacted in lieu thereof : PART XXVI Amendments 2A-55 AMENDMENTS. The City Council, may from time to time, on its own motion or by petition, after public notice and hearings as provided by law, and after report by the Zoning Commission, amend, supplement, or change the boundaries or regulations herein or subsequently estab- lished, and such amendment shall not become effective except by the favorable vote of a majority of all the members of the City Council. Whenever any person, firm or corporation desires that any amendment, or change be made in this Ordinance as to any property in the City, and there shall be presented to the Council a petition requesting such change or amendment and clearly describing the property and its bound- aries as to which the change or amendment is desired, duly signed by the owners of fifty (50) percent of the area of all real estate inclu- ded within the boundaries of said tract as described in said petition. A plat shall be submitted showing the name and address of the owners of record as found in the County Assessor' s records of all property lying within two hundred fifty (250) feet of the boundaries of the proposed property to be rezoned. The Zoning Commission shall upon receipt of said petition and plat notify by mail all parties concerned as shown on said plat of a hearing to be held by said Commission. The notice of hearing shall be mailed at least ten (10) days prior to the hearing and shall contain a description of the proposed property to be rezoned and the present and proposed zoning classification. The Zoning Commission may upon the unanimous approval of members present at a regular meeting suspend the above hearing requirement and initi- ate the rezoning request. In case the proposed amendment, supplement or change be disapproved by the Zoning Commission, or a protest be presented duly signed by the owners of twenty (20) percent or more either of the area of the lots included in such proposed change, or of those immediately adja- cent in the rear thereof, extending the depth of one lot or not to exceed two hundred (200) feet therefrom, or of those directly opposite thereto, extending the depth of one lot or not to exceed two hundred (200) feet from the street frontage of such opposite lots, such amend- ment shall not become effective except by the favorable vote of at least three fourths of all the members of the Council. Whenever any petition for an amendment, supplement or change of the zoning or regu- lations herein contained or subsequently established shall have been denied by the City Council, then no new petition covering the same property or the same property and additional property shall be filed with or considered by the City Council until six (6) months shall have elapsed from the date of the filing of the first petition. Before any action shall be taken as provided in this part, the party or parties proposing or recommending a change in the district regula- tions or district boundaries shall deposit with the City Treasurer the sum of seventy-five dollars ($75. 00) to cover the costs of this procedure and under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Page 2 In the case of a request for Conditional Zoning the party or parties proposing or recommending such amendment shall deposit with the City Treasurer the sum of one hundred dollars ($100. 00) to cover the costs of this procedure and under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Publication of the legal description of the property or properties zoned or rezoned shall constitute an official amendment to the Offi- cial Zoning Map; and, as such, said map or portion of said map need not be published. PASSED AND ADOPTED this I/,tj, day of , 19L, by the City Council, and approved this j,Z� day of f 19 , by the Mayor Pro Tem. Robert R. Wilharm, Mayor Pro Tem ATTEST: r, ,. � ; Katflerine Gibbs, City Clerk Z ri1 M z t= i � y rzo roHHC77d aozmU yzc� dz NHyy C � y [H= M cn :IE: HH Mill Hn o z rcld Fq HNA � a>pd 0 zn I-4NO- HH - oid MH zC7 z roH N oaz cnc� %0 ttl H H nz o 0 Ht' cC w OH CH ZM HZO NAV a xH n N In 1za a y �"n U)