ORDINANCE NO. 614

AN ORDINANCE OF THE CITY OF HAWARDEN AMENDING THE ZONING ORDINANCE TEXT TO ALLOW NONCONFORMING RESIDENTIAL USES TO HAVE UP TO TWO DETACHED ACCESSORY STRUCTURES LESS THAN 900 S.F. AND TO MAKE ALL RESIDENTIAL USES A SPECIAL EXCEPTION USE IN THE B-2 ZONING DISTRICT.

BE IT ORDAINED by the City Council of Hawarden, Iowa as follows:

Section 1. Amendment. Chapter 14.2 of the Hawarden Municipal Code is hereby amended by rezoning the areas as follows:

14.2 NON-CONFORMING USES OF LAND:

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D. Exceptions:

1. Any lot of record, in existence at the time of adoption or amendment of this ordinance which does not meet the minimum lot area requirements, but otherwise is a permitted use, may be utilized for the construction of a single family residential dwelling so long as the required setbacks are observed.
2. Any existing non-conforming single family use may be permitted to have up two detached accessory structures not to exceed 900 s.f. This shall be exclusive of non-building structures such as pools, trampolines, swing sets, etc. Additions to the main structure for accessory uses or the latter conversion of accessory structures to primary non-conforming uses shall not be permitted.

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8.1 PRINICPAL PERMITTTED USES:

A. Residential Uses

Single Family Residential
Duplex Residential

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8.2 SPECIAL EXCEPTION USES: The following use and structures may be permitted in the C-1 B-2 Commercial District subject to review and approval of the Board of Adjustment.

A. Residential Uses

Single Family Residential
Duplex Residential
Condominium Residential
Multiple Family Residential
Group Residential
Two-Family Residential

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Note: Underlined text is additions to the previous document presented, while strike thru text are deletions to the previous document presented. "*" Indicate that sections of City code that exist, but are not shown because they are not proposed to be changed.

Section 3. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

Section 4. Severability. If any section, provision, or part of this ordinance shall be adjudged to be 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 5. Effective Date. This ordinance shall be in effect after its final passage, approval, and publication as provided by law.

Passed and approved this 8th day of September, 2003.

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Ricard R. Porter, Mayor

ATTEST:

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Craig M. Coffey, City Administrator/Clerk

First Reading:	August 4, 2003
Second Reading:	August 18, 2003
Third Reading:	September 8, 2003

I hereby certify that the foregoing Ordinance No. 614 was published in the Hawarden Independent, a newspaper printed and published and has a circulation in the City of Hawarden, Iowa on the 11th of September, 2003.

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Craig Coffey, City Administrator/Clerk