HomeMy WebLinkAboutOrdinance No. 5692*** Proof of Publication ***
State of Iowa
Black Hawk County
Waterloo, City of - Legals
Accounts Payable
715 MULBERRY ST.
WATERLOO IA 50703
ORDER NUMBER 223570
The undersigned, being duly sworn, on oath, do depose and say that I
am an authorized employee of the Waterloo Cedar Falls Courier, that
The Waterloo Cedar Falls Courier is a weekly newspaper regularly
published and printed in the English language in the City of Waterloo,
Black Hawk County, Iowa, and has a general circulation in the said city
and county; and that I personally know that the notice, a true copy of
which is hereto affixed, was published in the Waterloo Cedar Falls
Courier on the following days, to -wit:
Section: Legals
Category: 950 Legal Notice
PUBLISHED ON: 05/01/2023
TOTAL AD COST:
FILED ON:
97.29
5/1/2023
That the issues of said paper containing said notice were duly
circulated in the regular manner.
✓(- .12 I YZ U _
Notary Public in hcyfor Said Ctounty
0
a1A�S ANNE FOX
Commission Number 807163
My Commission Expires
October 24, 2023
***
Proof of Publication ***
ORDINANCE NO. 5692
AN ORDINANCE AMENDING THE CITY
OF WATERLOO CODE OF ORDINAN-
CES 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 VAR-
IANCES, OF CHAPTER 5, NOISE
CONTROL, TITLE 4, PUBLIC HEALTH
AND SAFETY.
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF WATER-
LOO, IOWA AS FOLLOWS:
Section I. 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 perfomnarce of
emergency work.
B. The mayor, or the mayor's desig-
nee(s), shall have the authority, consis-
tent 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 applica-
tion 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 hard-
ship 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. 11 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 Informa-
tion 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 condi-
tion 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 condi-
tions shall be treated like applications for
initial special variances under this sub-
section B.
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 gran) 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 conlorn-
ance 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 stale
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
*** Proof of Publication ***
ru.
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.
PASSED AND ADOPTED by this Council
this 3rd day of April 2023.
Quentin Hatt, Mayor
ATTEST: Kelley t elchle. Cit Clerk