HomeMy WebLinkAbout5692-04.03.2023Prepared by LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo,
IA 50703, (319) 291-4323.
ORDINANCE NO. 5692
AN ORDINANCE AMENDING THE CITY OF WATERLOO CODE OF
ORDINANCES BY REPEALING SECTION 5, EXCEPTIONS AND VARIANCES,
OF CHAPTER 5, NOISE CONTROL, TITLE 4, PUBLIC HEALTH AND SAFETY,
AND ENACTING IN LIEU THEREOF A NEW SECTION 5, EXCEPTIONS AND
VARIANCES, OF CHAPTER 5, NOISE CONTROL, TITLE 4, PUBLIC HEALTH
AND SAFETY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA
AS FOLLOWS:
Section 1. That Section 5, Exceptions and Variances, of Chapter 5, Noise Control, Title 4,
Public Health and Safety, and enacting in lieu thereof a new Section 5, Exceptions and Variances,
of Chapter 5, Noise Control, Title 4, Public Health and Safety hereby enacted as follows:
4-5-5: EXCEPTIONS AND VARIANCES:
A. The provisions of this chapter shall not apply to the emission of sound for the purpose of
alerting persons to the existence of an emergency, or the emission of sound in the performance of
emergency work.
B. The mayor, or the mayor's designee(s), shall have the authority, consistent with this section,
to grant special variances:
1. Any person seeking a special variance pursuant to this section shall file an application with the
mayor. The application shall contain information determined by the mayor. The application shall
also contain information which demonstrates that bringing the source of sound or activity for
which the special variance is sought into compliance with this chapter would constitute an
unreasonable hardship on the applicant, on the community, or on other persons. Any individual
who claims to be adversely affected by allowance of the special variance may file a statement with
the mayor containing information to support the claim. If the mayor finds that a sufficient
controversy exists regarding such application, a public hearing may be held with the city council.
2. In determining whether to grant or deny the application, the mayor shall balance the hardship
to the applicant, the community, and other persons of not granting the special variance against the
adverse impact on the health, safety and welfare of persons affected, the adverse impact on
property affected, and any other adverse impacts of granting the special variance. The police
department shall review the application to determine whether granting such special variance
creates an adverse impact on public safety. Applicants for special variances and persons contesting
special variances may be required to submit any information the city council may reasonably
require.
3. Special variances shall be granted by notice to the applicant containing all necessary
conditions, including a time limit on the permitted activity. The special variance shall not become
effective until all conditions are agreed to by the applicant. Noncompliance with any condition of
the special variance shall terminate it and subject the person holding it to those provisions of this
chapter regulating the source of sound or activity for which the special variance was granted.
4. Application for extension of time limits specified in special variances or for modification of
other substantial conditions shall be treated like applications for initial special variances under this
subsection B.
Ordinance No. 5692
Page 2
5. The mayor may issue guidelines defining the procedures to be followed in applying for a
special variance and the criteria to be considered in deciding whether to grant a special variance.
C. A person may appeal a decision of the mayor to deny an application by filing a
written appeal to the office of the city clerk within fourteen (14) days of the date of the decision.
An administrative fee of fifty dollars ($50.00) shall be paid at the time the appeal is filed. Failure
to file the appeal and pay the administrative fee shall constitute a waiver of the right to a hearing,
and the decision shall thereupon become final. If the written appeal and administrative fee are filed
in conformance with this section, a hearing shall be scheduled. the city clerk shall cause a notice
to be sent by ordinary mail to the applicant or licensee at the address noted in the application. Said
notice shall state that a hearing has been set before the city council not less than thirty (30) days
from the date of the notice. The notice shall include the reason and grounds for the hearing, the
date and time of the hearing, and the place where the hearing will be conducted.
D. The provisions of this chapter shall not apply to:
1. The unamplified human voice;
2. Interstate railway locomotives and cars;
3. All agricultural activities; and
4. Airports and aircraft. (Ord. 3094, 8-4-1980)
Section 2. This ordinance shall be in full force and effect from and after its passage and
publication as provided by law.
INTRODUCED: March 6, 2023
PASSED 1st CONSIDERATION: March 6, 2023
PASSED 2nd CONSIDERATION: March 20, 2023
PASSED 3rd CONSIDERATION: April 3, 2023
PASSED AND ADOPTED this 3rd day of April, 2023.
ATTEST:
Quentin Hart, Mayor
Kelley Felchle, City Clerk
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