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Waukee, IA Code of Ordinance
CODE OF ORDINANCE CITY OF WAUKEE, IOWA
SUPPLEMENT RECORD
CHAPTER 1 CODE OF ORDINANCES
CHAPTER 2 CHARTER
CHAPTER 3 BOUNDARIES
CHAPTER 4 MUNICIPAL INFRACTIONS
CHAPTER 5 OPERATING PROCEDURES
CHAPTER 6 CITY ELECTIONS
CHAPTER 7 FISCAL MANAGEMENT
CHAPTER 8 INDUSTRIAL PROPERTY TAX EXEMPTIONS
CHAPTER 9 URBAN RENEWAL
CHAPTER 15 MAYOR
CHAPTER 16 MAYOR PRO TEM
CHAPTER 17 CITY COUNCIL
CHAPTER 18 CITY CLERK
CHAPTER 19 FINANCE DIRECTOR
CHAPTER 20 CITY ATTORNEY
CHAPTER 21 CITY ADMINISTRATOR
CHAPTER 22 LIBRARY BOARD OF TRUSTEES
CHAPTER 23 BOARD OF APPEALS
CHAPTER 24 PARKS AND RECREATION BOARD
CHAPTER 25 PUBLIC ART ADVISORY COMMISSION
CHAPTER 26 PARK REGULATIONS
CHAPTER 27 SUGAR CREEK MUNICIPAL GOLF COURSE
CHAPTER 28 TRIUMPH PARK
CHAPTER 30 POLICE DEPARTMENT
CHAPTER 35 FIRE DEPARTMENT
CHAPTER 40 PUBLIC PEACE
CHAPTER 41 PUBLIC HEALTH AND SAFETY
CHAPTER 42 PUBLIC AND PRIVATE PROPERTY
CHAPTER 45 ALCOHOL CONSUMPTION AND INTOXICATION
CHAPTER 46 MINORS
CHAPTER 47 CAMPING
CHAPTER 50 NUISANCE ABATEMENT PROCEDURE
CHAPTER 51 JUNK AND JUNK VEHICLES
CHAPTER 52 NOISE CONTROL
CHAPTER 55 ANIMAL PROTECTION AND CONTROL
CHAPTER 56 DANGEROUS AND VICIOUS ANIMALS
CHAPTER 57 URBAN CHICKENS
CHAPTER 60 ADMINISTRATION OF TRAFFIC CODE
CHAPTER 61 TRAFFIC CONTROL DEVICES
CHAPTER 62 GENERAL TRAFFIC REGULATIONS
CHAPTER 63 SPEED REGULATIONS
CHAPTER 64 TURNING REGULATIONS
CHAPTER 65 STOP OR YIELD REQUIRED
CHAPTER 66 LOAD AND WEIGHT RESTRICTIONS
CHAPTER 67 PEDESTRIANS
CHAPTER 68 PARKING REGULATIONS
CHAPTER 70 TRAFFIC CODE ENFORCEMENT PROCEDURES
CHAPTER 75 ALL-TERRAIN VEHICLES AND SNOWMOBILES
CHAPTER 76 BICYCLE REGULATIONS
CHAPTER 77 SKATEBOARDS
CHAPTER 80 ABANDONED VEHICLES
CHAPTER 90 WATER SERVICE SYSTEM
CHAPTER 91 WATER METERS
CHAPTER 92 WATER RATES
CHAPTER 93 WATER WELL PROTECTION
CHAPTER 95 SANITARY SEWER SYSTEM
CHAPTER 96 BUILDING SEWERS AND CONNECTIONS
CHAPTER 97 ON-SITE WASTEWATER SYSTEMS
CHAPTER 98 SEWER SERVICE CHARGES
CHAPTER 99 CONNECTION FEE DISTRICTS
CHAPTER 100 STORMWATER MANAGEMENT UTILITY
CHAPTER 101 ILLICIT DISCHARGE TO STORM SEWER SYSTEM
CHAPTER 102 CONSTRUCTION SITE EROSION AND SEDIMENT CONTROL
CHAPTER 103 POST-CONSTRUCTION STORMWATER MANAGEMENT
CHAPTER 104 REGULATION OF INDUSTRIAL WASTEWATER, COMMERCIAL WASTEWATER AND HAULED WASTE
CHAPTER 105 SOLID WASTE CONTROL
CHAPTER 106 COLLECTION OF SOLID WASTE
CHAPTER 107 MANDATORY RECYCLING PROGRAMS
CHAPTER 110 NATURAL GAS SERVICE RATES AND CHARGES
CHAPTER 111 ELECTRIC ENERGY FRANCHISE
CHAPTER 112 CABLE TELEVISION FRANCHISE
CHAPTER 115 RIGHT-OF-WAY AND UTILITY INSTALLATION PERMIT REQUIREMENTS
CHAPTER 120 LIQUOR LICENSES AND WINE AND BEER PERMITS
CHAPTER 121 CIGARETTE AND TOBACCO PERMITS
CHAPTER 122 PEDDLERS AND SOLICITORS
CHAPTER 123 PAWNBROKERS
CHAPTER 124 MASSAGE THERAPY ESTABLISHMENT LICENSE
CHAPTER 135 STREET USE AND MAINTENANCE
CHAPTER 136 SIDEWALK REGULATIONS
CHAPTER 137 VACATION AND DISPOSAL OF STREETS
CHAPTER 138 NAMING OF STREETS
CHAPTER 140 CONTROLLED ACCESS FACILITIES
CHAPTER 145 MANUFACTURED AND MOBILE HOMES
CHAPTER 150 TREES
CHAPTER 151 TELECOMMUNICATION TOWERS
CHAPTER 155 BUILDING CODES AND REGULATIONS
CHAPTER 156 RESIDENTIAL RENTAL CODE
CHAPTER 160 SITE AND BUILDING DEVELOPMENT STANDARDS
CHAPTER 161 LANDSCAPE AND OPEN SPACE REQUIREMENTS
CHAPTER 165 ZONING REGULATIONS DEFINITIONS AND GENERAL REGULATIONS
CHAPTER 166 ZONING REGULATIONS ADMINISTRATION AND ENFORCEMENT
CHAPTER 167 ZONING REGULATIONS SIGNS
CHAPTER 168 ZONING REGULATIONS PARKING AND LOADING
CHAPTER 169 ZONING REGULATIONS DISTRICT REGULATIONS
CHAPTER 170 FLOODPLAIN MANAGEMENT
CHAPTER 175 SUBDIVISION REGULATIONS DEFINITIONS AND GENERAL PROVISIONS
CHAPTER 176 SUBDIVISION REGULATIONS PLATTING PROCEDURES
CHAPTER 177 SUBDIVISION REGULATIONS DESIGN STANDARDS
CHAPTER 178 SUBDIVISION REGULATIONS REQUIRED IMPROVEMENTS
CHAPTER 179 SUBDIVISION REGULATIONS DEVELOPMENT IMPACT ON COMMUNITY FACILITIES
170.09   APPOINTMENT AND DUTIES OF BOARD OF ADJUSTMENT.
1.   Appointment and Duties of Board of Adjustment. A Board of Adjustment is here by established which shall hear and decide (i) appeals and (ii) requests for variances to the provisions of the chapter, and shall take any other action which is required of the Board.
2.   Appeals. Where it is alleged there is any error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this chapter, the aggrieved party may appeal such action. The notice of appeal shall be filed with the Board of Adjustment and with the official from whom the appeal is taken and shall set forth the specific reason for the appeal. The official from whom the appeal is taken shall transmit to the Board of Adjustment all the documents constituting the record upon which the action appealed from was taken.
3.   Variance. The Board of Adjustment may authorize upon request in specific cases such variances from the terms of this chapter that will not be contrary to the public interest where, owning to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship. Variances granted must meet the following applicable standards.
   A.   Variances shall only be granted upon: (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of the variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local codes or ordinances.
   B.   Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood would result. Consideration of the effects of any development on flood levels shall be based upon the assumption that an equal degree of development would be allowed for similarly situated lands.
   C.   Variances shall only be granted upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
   D.   In cases where the variance involves a lower level of flood protection for structures than what is ordinarily required by this chapter, the applicant shall be notified in writing over the signature of the Administrator that: (i) the issuance of a variance will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and (ii) such construction increases risks to life and property.
   E.   All variances granted shall have the concurrence or approval of the Department of Natural Resources.
4.   Hearings and Decisions of the Board of Adjustment.
   A.   Hearings. Upon the filing with the Board of Adjustment of an appeal or a request for a variance the board shall hold a public hearing. The board shall fix a reasonable time for the hearing and give public notice thereof, as well as due notice to parties in interest. At the hearing, any party may appear in person or by agent or attorney and present written or oral evidence. The board may require the appellant or applicant to provide such information as is reasonably deemed necessary and may request the technical assistance and/or evaluation of a professional engineer or other expert person or agency, including the Department of Natural Resources.
   B.   Decisions. The board shall arrive at a decision on an appeal or variance within a reasonable time. In passing upon an appeal, the board may, so long as such action is in conformity with the provisions of this chapter, reverse or affirm, wholly or in part, or modify the order, requirement, decision, or determination appealed from, and it shall make its decision, in writing, setting forth the findings of fact and the reasons for its decision. In granting a variance, the board shall consider such factors as contained in this section and all other relevant sections of this chapter and may prescribe such conditions as contained in Section 170.09(4)(B)(2).
      (1)   Factors Upon Which the Decision of the Board of Adjustment Shall be Based. In passing upon applications for variances, the board shall consider all relevant factors specified in other section of this chapter and:
         a.   The danger to life and property due to increased flood heights or velocities caused by encroachments.
         b.   The danger that materials may be swept on to other land or downstream to the injury of others.
         c.   The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions.
         d.   The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
         e.   The importance of the services provided by the proposed facility to the City.
         f.   The requirements of the facility for a floodplain location.
         g.   The availability of alternative locations not subject to flooding for the proposed use.
         h.   The compatibility of the proposed use with existing development and development anticipated in the foreseeable future.
         i.   The relationship of the proposed use to the comprehensive plan and floodplain management program for the area.
         j.   The safety of access to the property in times of flood for ordinary and emergency vehicles.
         k.   The expected heights, velocity, duration, rate of rise, and sediment transport of the flood water expected at the site.
         l.   The cost of providing governmental service during and after flood conditions, including maintenance and repair of public utilities (sewer, gas, electrical, and water systems), facilities, streets, and bridges.
         m.   Such other factors which are relevant to the purpose of this chapter.
      (2)   Conditions Attached to Variances. Upon consideration of the factors listed above, the Board of Adjustment may attach such conditions to the granting of variances as it deems necessary to further the purpose of this chapter. Such conditions may include, but not necessarily be limited to:
         a.   Modification of waste disposal and water supply facilities.
         b.   Limitation of periods of use and operation.
         c.   Imposition of operational controls, sureties, and deed restrictions.
         d.   Requirements for construction of channel modifications, dikes, levees, and other protective measures, provided such are approved by the Department of Natural Resources and are deemed the only practical alternative to achieving the purpose of this chapter.
         e.   Floodproofing measures shall be designed consistent with the flood protection elevation for the particular area, flood velocities, duration, rate of rise, hydrostatic and hydrodynamic forces, and other factors associated with the regulatory flood. The Board of Adjustment shall require that the applicant submit a plan or document certified by a registered professional engineer that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area.
5.   Appeals to the Court. Any person or person, jointly or severally, aggrieved by any decision of the Board of Adjustment may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within 30 days after the filing of the decision in the office of the Board.