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Windsor Heights Overview
Windsor Heights, IA Code of Ordinances
WINDSOR HEIGHTS, IA CODE OF ORDINANCES
ORDINANCES PENDING CODIFICATION
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 URBAN RENEWAL
CHAPTER 9 HOTEL-MOTEL TAX
CHAPTER 10 DEFERRED COMPENSATION FOR CITY EMPLOYEES
CHAPTER 11 URBAN REVITALIZATION
CHAPTER 15 MAYOR
CHAPTER 16 MAYOR PRO TEM
CHAPTER 17 CITY COUNCIL
CHAPTER 18 CITY CLERK
CHAPTER 19 FINANCE DIRECTOR/TREASURER
CHAPTER 20 CITY ATTORNEY
CHAPTER 21 CITY ADMINISTRATOR
CHAPTER 22 PUBLIC WORKS DIRECTOR
CHAPTER 23 PLANNING AND ZONING COMMISSION
CHAPTER 30 POLICE DEPARTMENT
CHAPTER 30.11 UNBIASED POLICING POLICY
CHAPTER 31 ALARM SYSTEMS
CHAPTER 35 FIRE DEPARTMENT
CHAPTER 36 HAZARDOUS SUBSTANCE SPILLS
CHAPTER 37 FIRE CODE
CHAPTER 40 PUBLIC OFFENSES
CHAPTER 50 NUISANCE ABATEMENT PROCEDURE
CHAPTER 51 DAMAGED OR INOPERABLE VEHICLES
CHAPTER 52 ABANDONED VEHICLES
CHAPTER 53 LITTER CONTROL
CHAPTER 54 NOISE POLLUTION
CHAPTER 55 ANIMAL PROTECTION AND CONTROL
CHAPTER 56 DANGEROUS DOGS
CHAPTER 57 ILLEGAL OR DANGEROUS ANIMALS
CHAPTER 60 TRAFFIC AND VEHICLES
CHAPTER 90 WATER SERVICE SYSTEM
CHAPTER 91 CROSS CONNECTION CONTROL
CHAPTER 95 SANITARY SEWER SYSTEM
CHAPTER 96 BUILDING SEWERS AND CONNECTIONS
CHAPTER 97 USE OF PUBLIC SEWERS
CHAPTER 98 ON-SITE WASTEWATER SYSTEMS
CHAPTER 100 REGULATION OF INDUSTRIAL WASTEWATER AND COMMERCIAL WASTEWATER
CHAPTER 101 STORM WATER DRAINAGE UTILITY
CHAPTER 102 ILLICIT DISCHARGE TO STORM SEWER SYSTEM
CHAPTER 105 SOLID WASTE CONTROL AND RECYCLING
CHAPTER 106 COLLECTION OF SOLID WASTE
CHAPTER 107 SOLID WASTE DISPOSAL
CHAPTER 110 NATURAL GAS FRANCHISE
CHAPTER 111 ELECTRIC FRANCHISE
CHAPTER 112 FRANCHISE FEES
CHAPTER 113 CABLE TELEVISION REGULATIONS
CHAPTER 120 LIQUOR LICENSES AND WINE AND BEER PERMITS
CHAPTER 121 CIGARETTE AND TOBACCO PERMITS
CHAPTER 122 PEDDLERS, SOLICITORS AND TRANSIENT MERCHANTS
CHAPTER 123 HOUSE MOVERS
CHAPTER 124 PAWNBROKERS
CHAPTER 125 ADULT ENTERTAINMENT FACILITIES
CHAPTER 126 PUBLIC DANCE HALLS
CHAPTER 135 EXCAVATIONS OF PUBLIC PROPERTY
CHAPTER 136 SIDEWALK REGULATIONS
CHAPTER 137 VACATION AND DISPOSAL OF STREETS
CHAPTER 138 STREET AND SIDEWALK GRADES
CHAPTER 139 NAMING OF STREETS
CHAPTER 140 DRIVEWAY REGULATIONS
CHAPTER 141 FIBER OPTIC CABLE LICENSE
CHAPTER 142 PARKLETS
CHAPTER 150 BUILDING NUMBERING
CHAPTER 151 TREES AND VEGETATION
CHAPTER 152 TEMPORARY STRUCTURES
CHAPTER 153 TEMPORARY SIGNS
CHAPTER 155 BUILDING CODES
CHAPTER 156 PROPERTY MAINTENANCE AND RENTAL HOUSING CODE
CHAPTER 157 STANDARD CONSTRUCTION SPECIFICATIONS
CHAPTER 158 MECHANICAL CODE
CHAPTER 159 PLUMBING CODE
CHAPTER 160 CONSTRUCTION SITE EROSION AND SEDIMENT CONTROL
CHAPTER 161 POST-CONSTRUCTION STORM WATER CONTROL
CHAPTER 162 FUEL GAS CODE
CHAPTER 163 DEMOLITION & RAZE PERMIT
CHAPTER 165 ZONING CODE - GENERAL PROVISIONS
CHAPTER 166 ZONING CODE - DEFINITIONS
CHAPTER 167 ZONING CODE - USE TYPES
CHAPTER 168 ZONING CODE - ZONING DISTRICT REGULATIONS
CHAPTER 169 ZONING CODE - OVERLAY DISTRICTS
CHAPTER 170 ZONING CODE - DEVELOPMENT AND DESIGN STANDARDS
CHAPTER 171 TEMPORARY USES AND STRUCTURES
CHAPTER 172 ZONING CODE - SUPPLEMENTAL SITE DEVELOPMENT REGULATIONS
CHAPTER 173 ZONING CODE - LANDSCAPING AND SCREENING STANDARDS
CHAPTER 174 ZONING CODE - OFF-STREET PARKING
CHAPTER 175 ZONING CODE - SIGN REGULATIONS
CHAPTER 176 ZONING CODE - NONCONFORMING DEVELOPMENT
CHAPTER 177 ZONING CODE - ADMINISTRATION AND PROCEDURES
CHAPTER 178 COMPREHENSIVE PLAN
CHAPTER 179 BOARD OF ADJUSTMENT
CHAPTER 180 CONDITIONAL USE PERMITS
CHAPTER 181 ADMINISTRATION AND ENFORCEMENT
CHAPTER 183 MOBILE FOOD UNITS
CHAPTER 185 FLOODPLAIN MANAGEMENT
142.07 PARKLET OPERATION AND CONDITIONS.
   1.   Depending on the nature of the permit requested and authorized, The parklet may be operated for the purpose of accommodating the public in general without charge or the patrons of the permittee, and may include providing open air dining and beverage service opportunities, provided, however, that nothing herein shall be construed as prohibiting the permittee from charging for the sale or service of food or beverage within the parklet license area for sales from the qualifying business.
   2.   Permittee shall preserve and protect all existing trees and plantings in the public right-of-way within the immediate vicinity of the parklet. Permittee shall be required to replace or mitigate entirely at permittee's expense, any damage to the public right-of-way or private property as a result of the parklet construction, installation, placement, operation, maintenance or removal.
   3.   General landscape maintenance attendant to the parklet should be performed on a regular basis at the permittee's sole cost and expense.
   4.   Awnings, umbrellas and other decorative material accessory to the parklet shall be fire retardant, pressure treated or manufactured of fire resistive material. Patio heaters or heat lamps shall be allowed on the parklet if pre-approved by the City's Fire Chief, or their designee.
   5.   Tables, chairs, umbrellas and any objects accessory to the parklet shall be maintained in a clean and attractive appearance, shall be in good state of repair at all times and shall be maintained in accordance with the approved maintenance plan and shall keep the landscaping and plants in a good, healthy and vibrant condition.
   6.   The parklet shall be maintained in a neat and orderly appearance at all times and the area shall be cleared of all debris on a periodic basis during the day, and again at the close of each business day in compliance with the approved maintenance plan.
   7.   No tables or chairs will be permitted within ten (10) feet of a pedestrian crosswalk. There must be a distance separation of no less than 2 feet separating the structure of the parklet and the adjacent travel lane.
   8.   The City may require the permittee to provide additional services beneath the parklet platform, including but not limited to pest abatement service and clearing of catch basin grates to allow proper storm drainage.
   9.   No portion of any object placed within the parklet boundary shall extend into an adjacent pedestrian sidewalk.
   10.   If the parklet includes planters, the planters must be placed within the parklet boundaries but must be secured to ensure that they do not move onto the adjacent unlevel sidewalk. No planters with wheels are to be permitted.
   11.   Tables, seating, umbrellas and any other items accessory to the parklet shall be of a quality, design and lasting materials, and workmanship both to ensure the safety and convenience of the users and to be compatible with the uses in the immediate vicinity of the parklet.
   12.   A permittee may sell and serve alcohol beverages in a parklet only if the permittee complies with all the requirements for obtaining an alcohol beverage license, and the parklet is listed on the alcohol beverage license application as being a part of the licensed premises. In such cases, alcohol may be served at the parklet under the following conditions:
      A.   The permittee has a valid and appropriate retail alcohol beverage license for the principal premises.
      B.   The retail alcohol beverage license premises description includes the parklet in the description of the licensed premises as an extended area.
      C.   The retail alcohol beverage license permits the sale of the type of alcohol beverages to be served in the parklet.
      D.   Alcohol beverages are sold and served by the licensee or licensee's employees and sold or served only to patrons seated at tables in the parklet.
      E.   Alcohol beverages are served by the licensee or the licensee's employees in compliance with alcohol beverage laws, ordinances and regulations.
      F.   Alcohol beverages may only be served at the parklet when food service is available through the licensed establishment.
      G.   The permittee shall be responsible for policing the parklet area to prevent underage persons from entering or remaining in the parklet, except when underage persons are allowed to be present on the licensed premises under applicable laws.
      H.   The area of the restaurant from which the alcohol beverages are dispensed shall be located indoors and shall not be located in the parklet area, unless pre-approved by Police Chief, City Administration and City Council.
      I.   At times of closing or during times when consumption of alcohol beverages is prohibited, permittee shall remove from the parklet area all containers used for or containing alcohol beverages. No container of alcohol beverages shall be present in the parklet between 12:00 a.m. and 8:00 a.m.
   13.   No smoking and/or use of tobacco of any kind shall be permitted within the parklet license area. The permittee shall purchase a minimum of two (2) "No Tobacco" signs for each entrance of the parklet.
   14.   No advertising signs or business identification signs shall be permitted within the parklet license area.
   15.   No food preparation, food or beverage station, refrigeration apparatus or equipment shall be allowed on the parklet unless authorized by the planning and zoning department as part of a special event.
   16.   No table or chair nor any other part of the parklet may be attached, chained, or in any manner affixed to any tree or city fixture, but may be affixed to the parklet structure.
   17.   If found necessary for the protection of health, safety and welfare of the public, the City Administrator or their designee may require the permittee to immediately remove or relocate all parts of the tables, chairs, umbrellas and equipment within the parklet license area. If the permittee fails to remove or relocate the tables, chairs and umbrellas as requested within a reasonable time as determined by the City Administrator, given the circumstances at hand, the city may remove or relocate same in emergency situations and the cost thereof shall be borne by the permittee.
   18.   Reflective elements are required at the outside corners of all parklets. Soft-hit posts are a standard solution deployed at the outside edges; however, the department will consider additional safety measures including bollards, reflective elements or other solutions incorporated into the parklet design if warranted.
   19.   For parklets in parallel parking spaces, a three-foot wheel stop or other appropriate "stops" such as planters must be installed one (1) foot from the curb at the edge of the front and back parking spaces. When parklets are installed adjacent to parallel parking spaces, wheel stops or other appropriate "stops" such as planters should be set back four (4) feet from the parklet improvements. For angled parking spaces adjacent to driveways, appropriate locations for wheel stops will be determined by the department. Wheel stops should be made of recycled rubber. Concrete wheel stops are discouraged.
   20.   Traffic safety devices, including but not limited to bollards may be required depending on existing conditions and site layout to properly protect the parklet and its patrons.
   21.   The permittee is responsible for the costs associated with removal of the parklet platform and accessories.
   22.   The city and its officers and employees shall not be responsible for parklet or parklet components relocated during emergencies.
   23.   Amplified or non-amplified music may be permitted within the parklet area, upon recommendation of the planning and zoning department and subject to the approval of the City Administrator, or their designee, as to the hours at which the music may be played, the volume settings, placement of speakers and any other facet of the projection of the music.
   24.   The permittee shall, at its sole cost and expense, remove the tables, chairs and umbrellas from the parklet area at the close of permittee's qualifying business each day, provided the tables, chairs and umbrellas are set back in the parklet license area by the opening of business (no later than 11:00 a.m.) the following day, except for inclement weather.
   25.   Parklets shall not be permitted in front of a fire hydrant, over a manhole, public utility valve or cover. A clearance of fifteen (15) feet shall separate parklets from fire hydrants.
   26.   Parklets shall be required to have soft-hit posts, wheel stops and barriers on all edges of the parklet platform.
   27.   The parklet shall be constructed and installed to conform to all applicable federal, state or county laws or regulations.
   28.   There shall be a minimum of two (2) feet wide clear path between the tables and/or seating within the parklet and any abutting sidewalks for pedestrians at all times.
   29.   The permittee shall keep on record with the department at all times, information on a contact person to be contacting during emergencies, such information on the contact person to include (i) name, (ii) mailing, (iii) e-mail address, (iv) telephone number both at work and residential.
   30.   The permittee shall have the continuing obligation of compliance with the Americans with Disabilities Act, as same may be amended from time to time.
   31.   The permittee shall, at its sole cost and expense, construct, operate, maintain and repair the parklet and parklet improvements and perform such acts and do such things as shall be lawfully required by any public body having jurisdiction over the parklet, parklet improvements and parklet license area will be installed, constructed, operated, used, maintained and repaired in order to comply with health and sanitary requirements, fire hazard requirements, zoning requirements, building code requirements, city engineering standards, environmental requirements and other similar regulatory requirements.