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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
161.07 WAIVERS.
   Every applicant shall provide for storm water management as required by this chapter, unless a written request is filed to waive implementation of BMPs, in whole or in part, and such waiver is granted. Requests to waive implementation of BMPs in whole or in part shall be submitted to City for approval.
   1.   A waiver of BMPs required by this chapter may be granted provided that at least one of the following conditions is established by applicant based on authoritative written evidence satisfactory to City:
      A.   The proposed development is not likely to impair attainment of the objectives of this chapter.
      B.   Alternative minimum requirements for on-site management of storm water have been established in a storm water management final plan that has been approved by City and fully implemented.
      C.   Provisions are made to manage storm water by an off-site facility within the same watershed and that has been approved by the City. The off-site facility is required to be in place, to be designed and adequately sized to provide a level of storm water control that is equal to or greater than that which would be afforded by on-site practices, and there is, in the City’s sole judgment, a responsible entity legally obligated to monitor the performance of and maintain the efficiency of storm water BMPs in accordance with a written and recorded maintenance agreement.
      D.   In instances where one of the above conditions is established, the applicant must further establish by authoritative written evidence satisfactory to City that the partial waiver will not result in any of the following impacts to downstream waterways:
         (1)   Deterioration of existing culverts, bridges, dams, and other structures; or
         (2)   Degradation of biological functions or habitat; or
         (3)   Accelerated stream bank or streambed erosion or siltation; or
         (4)   Increased threat of flood damage to public health, life, property.
   2.   If the City finds that a waiver is appropriate because implementation of no on-site storm water BMPs is feasible due to the natural or existing physical characteristics of a site, or that one of the conditions specified in Subsection 1 above cannot be established to a certainty, or that any one or more of the impacts to downstream waterways specified above cannot be entirely averted, the applicant shall execute a binding written agreement to accomplish one or more of the following mitigation measures selected by City:
      A.   The purchase and donation of privately owned lands, or the grant of an easement to be dedicated for preservation and/or reconstruction of native ecosystems of lands strategically located in the watershed consistent with the purposes of this chapter, of a sufficient quantity to enable City or others to achieve City storm water requirements with respect to a number of cubic feet of annual storm water equivalent to the estimated number of cubic feet of annual storm water that will not achieve City storm water requirements as a consequence of the waiver.
      B.   The creation of one or more storm water BMPs on previously developed properties, public or private, that currently lack storm water BMPs, having a capacity to achieve City storm water requirements with respect to a number of cubic feet of annual storm water equivalent to the estimated number of cubic feet of annual storm water that will not achieve City storm water requirements as a consequence of the waiver.
      C.   Monetary contributions (fee in lieu) to fund storm water management activities such as research and studies (e.g., regional wetland delineation studies, stream monitoring studies for water quality and macroinvertebrates, stream flow monitoring, threatened and endangered species studies, hydrologic studies, monitoring of storm water BMPs, and stream corridor stabilization practices). The monetary contribution required shall be in accordance with a fee schedule (unless the developer and the storm water authority agree on a greater alternate contribution) established by City, based on the estimated cost savings to the developer resulting from the waiver and the estimated future costs to City to achieve City storm water requirements with respect to a number of cubic feet of annual storm water equivalent to the estimated number of cubic feet of annual storm water that will not achieve City storm water requirements as a consequence of the waiver. All of the monetary contributions shall be credited to an appropriate capital improvements program project, and shall be made by the developer prior to the issuance of any building permit for the development.
      D.   Dedication of land or granting of an easement by the applicant of a value equivalent to the cost to City of the construction of an off-site storm water management facility sufficient to achieve City storm water requirements with respect to a number of cubic feet of annual storm water equivalent to the estimated number of cubic feet of annual storm water that will not achieve City storm water requirements as a consequence of the waiver. The agreement shall be entered into by the applicant and City prior to the recording of plats or, if no record plat is required, prior to the issuance of the building permit.
      E.   Factors that may generate waivers:
         (1)   Shallow bedrock.
         (2)   High groundwater.
         (3)   Hotspots or contaminated soils.
         (4)   City owned construction that was designed prior to 2019.