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Supplement No. 24 - Code of Ordinances - February 2017STERLING CODIFIERS 3906 Schreiber Way Coeur d'Alene, ID 83815 (208) 665-7193 INSTRUCTION SHEET: DUBUQUE, Iowa Supplement No. 24/February, 2017 Includes Ordinances: 57-16, 58-16 and 1-17 REMOVE PAGE HEADED INSERT NEW PAGE HEADED VOLUME i Preface Preface TITLE 2: 2-6-7, 2-6-7: Terms: The term of office for and following page TITLE 3: 3-2-1, Chapter 2, Revitalization Areas 3-2-9, B. The Cathedral urban revitalization VOLUME II TITLE 16: 16-3-1, Chapter 3, Land Use General 16-3-7-1, specifically authorized within each INDEX: -P-, Public Ways And Property (cont.) -U-, Unified Development..., Land Use General 2-6-7, 2-6-7: Terms: The initial terms and following page 3-2-1, Chapter 2, Revitalization Areas 3-2-9, B. The Cathedral urban revitalization 16-3-1, Chapter 3, Land Use General 16-3-7-1, specifically authorized within each and following page -P-, Public Ways And Property (cont.) -U-, Unified Development..., Land Use General CLQ PREFACE This city code of the city of Dubuque, as supple- mented, contains ordinances up to and including ordinance 18-16, passed May 16, 2016. Ordi- nances of the city adopted after said ordinance supersede the provisions of this city code to the extent that they are in conflict or inconsistent therewith. Consult the city office in order to ascertain whether any particular provision of the code has been amended, superseded or repealed. Sterling Codifiers Coeur d'Alene, Idaho July 2016 City of Dubuque 2-6-7 2-6-10 2-6-7: TERMS: The term of office for commissioners is three (3) years or until such commissioner's successor is appointed and qualified. (Ord. 32-16, 7-5-2016) 2-6-8: VACANCIES: Vacancies must be filled in the same manner as original appointments. (Ord. 32-16, 7-5-2016) 2-6-9: OFFICERS/ORGANIZATION: The commissioners must choose annually a chairperson and vice chairperson, each to serve a term of one year. The chairperson must appoint a secretary, who need not be a member of the commission. The commissioners must fill a vacancy among the officers for the remainder of the officer's unexpired term. (Ord. 32-16, 7-5-2016) 2-6-10: MEETINGS: A. Regular Meetings: The commission must meet monthly. B. Special Meetings: Special meetings may be called by the chair- person or at the written request of a majority of the commissioners. C. Open Meetings: All meetings must be called and held in confor- mance with the Iowa open meetings law. D. Attendance: 1. In the event a commissioner has been absent for three (3) or more consecutive meetings of the commission, without being excused by the chairperson, such absence will be grounds for the commission to recommend to the city council that the position be declared vacant and a replacement appointed. 2. Attendance must be entered upon the minutes of all meetings. E. Minutes: A copy of the minutes of all regular and special meetings of the commission must be filed with the city council within ten (10) working days after each meeting, or by the next regularly scheduled city council meeting, whichever is later. F. Quorum: Five (5) commissioners constitute a quorum for the trans- action of business. The affirmative vote of a majority of the com- November 2016 City of Dubuque 2-6-10 2-6-13 missioners present and voting is necessary for the adoption of any motion or resolution. (Ord. 32-16, 7-5-2016) 2-6-11: COMPENSATION: Commissioners serve without compensa- tion, provided that they may receive reimbursement for neces- sary travel and other expenses while on official commission business within the limits established in the city administrative policies budget. (Ord. 32-16, 7-5-2016) 2-6-12: REMOVAL: Except as provided in subsection 2-6-10D1 of this chapter, the city council may remove any commissioner for good cause. (Ord. 32-16, 7-5-2016) 2-6-13: POWERS: The commission has the following powers, duties, and responsibilities: A. To review research and data in order to provide input on reidentifica- tion, prevention, and plans for potential economic, environmental, and social/cultural vulnerabilities. B. To review plans for long term prevention, preparedness, and recovery efforts. C. To review policy and program recommendations to the city council in order to influence resilient outcomes for the community. D. To provide comment to the city council on the allocation of budgeted city funding to achieve adopted resiliency goals. E. To educate and engage the public on commission priorities. F. To provide input on and review strategies to address identified vulnerabilities in collaboration with city staff, other city commissions and community partners. G. To review and make recommendations regarding sustainable Dubuque community grant allocations. H. To respect the policy making authority of the city council, the city manager's responsibilities to implement the goals and priorities the November 2016 City of Dubuque 2-6-13 2-6-13 council establishes (council manager form of government) and the responsibility of city staff to report to the city manager. I. To ensure coordination and communication with other commissions. (Ord. 32-16, 7-5-2016) November 2016 City of Dubuque 3-2-1 3-2-2 SECTION: 3-2- 1: 3-2- 2: 3-2- 3: 3-2- 4: 3-2- 5: 3-2- 6: 3-2- 7: 3-2- 8: 3-2- 9: 3-2-10: 3-2-11: 3-2-12: CHAPTER 2 REVITALIZATION AREAS Purpose Jackson Park West Eleventh Street Washington Street Upper Main Stout Place Langworthy Old Main Cathedral Kunkel And Associates Lange Estate Paragon Square 3-2-1: PURPOSE: The purpose of this chapter is to encourage the upgrading of neighborhoods by designating revitalization areas in the city in order that the provision of providing exemptions from taxation for qualified real estate assessed as residential properties in those areas is available for individual properties where improvements have been made and to authorize the issuance of revenue bonds for projects consis- tent with the revitalization plan for the designated revitalization area. (2007 Code § 43-31) 3-2-2: JACKSON PARK: A. The area hereinafter described is hereby designated as the Jackson Park urban revitalization area in accordance with the code of Iowa: Beginning at the intersection of Bluff Street and West Fourteenth Street; easterly along West Fourteenth Street to the alley between Iowa Street and Central Avenue; northerly along said alley to West Seventeenth Street; easterly along West Seventeenth Street to Heeb July 2016 City of Dubuque 3-2-2 3-2-3 Street; northerly along Heeb Street to the northerly line of City Lot 675; westerly along said line and along the northerly line of City Lot 674 to Main Street right-of-way; continuing westerly across said right-of-way and along the northerly line of Lot 1 of City Lot 673 to Madison Street; continuing westerly across Madison Street and along the northerly line of Lot 6 of 2 of City Lot 673 to the west line of said lot; southerly along the west line of said lot and along Lot 5 of 2 and Lot 2 of 4 of 2 of City Lot 673 to Dorgan Place; westerly along Dorgan Place to the southeasterly line of Lot 1 of 1A of Dorgan's Subdivision; southwesterly along said line and along the southeasterly line of Lot 1 of 1 of Dorgan's Subdivision to West Locust Street; continuing southwesterly across West Locust Street and across West Seventeenth Street to the westerly line of D.N. Cooley's Subdivision; first southerly, then southeasterly along said line to West Sixteenth Street; southerly along the east right-of-way line of Montrose Terrace to Pickett Street; easterly along Pickett Street to the east line of Lot 1 of 3 of City Lot 667; southerly along said line to the west line of Lot 2 of 1 of City Lot 667; southerly along said line to the south line of said lot; easterly along said line to Bluff Street; southerly along Bluff Street to West Fourteenth Street, the place of beginning. B. All of the properties located in such revitalization area shall be subject to the provisions of the Jackson Park urban revitalization plan as adopted and approved by the Dubuque city council on December 22, 1980. C. A property owner must apply for an exception by February 1 of the assessment year for which the exemption is first claimed, but not later than the year in which all the improvements are first assessed for taxation. Upon the request of the owner, the city council may provide by resolution that the owner may file an application no later than February 1 of the tenth assessment year. (2007 Code § 43-41) 3-2-3: WEST ELEVENTH STREET: A. The area hereinafter described is hereby designated as the West Eleventh Street urban revitalization area in accordance with the code of Iowa: Beginning at the intersection of Loras Boulevard and Alta Vista Street; southerly along Alta Vista Street to University Avenue; easterly along University Avenue and along West Ninth Street to Bluff Street; northerly along Bluff Street to West Tenth Street; July 2016 City of Dubuque 3-2-9 3-2-10 B. The Cathedral urban revitalization plan as attached to ordinance 87-02 is hereby adopted and approved and the properties within said described area shall be subject to the provisions of said plan. C. The Cathedral urban revitalization plan shall hereafter be on file in the city clerk's office, city hall, Dubuque, Iowa. (2007 Code § 43-48) 3-2-10: KUNKEL AND ASSOCIATES: A. Urban Revitalization Area: The area hereinafter described is hereby designated as the Kunkel And Associates urban revitalization area in accordance with the code of Iowa: Lot 6 Block 2 of Dubuque Technology Park in the City of Dubuque, Iowa, according to the recorded plat thereof. B. Plan Adopted: The Kunkel And Associates urban revitalization plan as attached hereto is hereby adopted and approved and the proper- ties within said described area shall be subject to the provisions of said plan. C. Plan On File: The Kunkel And Associates urban revitalization plan shall hereafter be on file in the city clerk's office, city hall, Dubuque, Iowa. D. Additional Requirements: In order to qualify for the tax abatement program established in the plan, the property owner must create ten (10) new full time jobs in the Kunkel And Associates urban revitaliza- tion area within five (5) years of approval of the property owner's application by the city council for tax abatement. If the property owner fails to create all such jobs within such five (5) year period, the property owner must provide a refund of all taxes abated to the county treasurer within sixty (60) days after the end of such five (5) year period for distribution to the governing bodies affected by the abatement of such taxes in the amount of the lost taxes of each such governing body. E. Certification: To assist city in monitoring the job creation requirement of subsection D of this section, a duly authorized officer of the prop- erty owner shall certify to city the number of full time equivalent jobs employed at the above described property on the fifth anniversary of the date of approval of the property owner's application for tax abatement. (Ord. 5-15, 1-20-2015) July 2016 City of Dubuque 3-2-11 3-2-12 3-2-11: LANGE ESTATE: The area hereinafter described is hereby designated as the Lange Estate urban revitalization area in accordance with the code of Iowa: Lot Two of Lange Estate in the County of Dubuque, IA, City of Dubuque, Iowa, according to the recorded plat thereof. (Ord. 12-16, 4-18-2016) 3-2-12: PARAGON SQUARE: The area hereinafter described is hereby designated as the Paragon Square urban revitalization area in accordance with the code of Iowa: 2887 Central Avenue - Lot 2 - I Paragon Square, Dubuque IA 2901 Central Avenue - Lot 1 - I Paragon Square Dubuque IA according to the recorded plat thereof. (Ord. 11-16, 4-18-2016) July 2016 City of Dubuque 16-3-1 16-3-1 SECTION: 16-3- 1: 16-3- 2: 16-3- 3: 16-3- 4: 16-3- 5: 16-3- 6: 16-3- 7: 16-3- 7-1: 16-3- 7-2: 16-3- 7-3: 16-3- 8: 16-3- 9: 16-3-10: 16-3-11: 16-3-12: 16-3-13: 16-3-14: 16-3-15: 16-3-16: 16-3-17: 16-3-18: 16-3-19: 16-3-20: 16-3-21: 16-3-21-1: 16-3-21-2: 16-3-21-3: CHAPTER 3 LAND USE GENERAL PROVISIONS Provisions Declared To Be Minimum Standards General Lot Size Requirements And Standards Application And Scope Of Regulations Reduction In Lot Area Prohibited Obstructions To Vision At Street Intersections Prohibited Yard Requirements Accessory Structures And Uses In Residential And Office Residential Districts Accessory Structures And Uses Permitted Bulk Regulations Residential Uses Prohibited Accessory Structures And Uses In All Other Zoning Districts Accessory Uses Subject To Site Plan Review Permitted Modifications Of Height Restrictions Reserved Fees Prohibited Uses Exemption From Regulation Off Street Parking And Loading Public Buildings And Uses Adjustment Of Front Yard Setbacks In R-1, R-2, R -2A, And R-3 Districts Limited Setback Waiver Temporary Uses Construction Promotion Activity Fences Located On Residential Lots Residential Districts Fences Located At Schools Or In Nonresidential Districts Barbed Wire And Electric Fences 16-3-1: PROVISIONS DECLARED TO BE MINIMUM STANDARDS: The provisions of this title are the minimum requirements for promoting the health, safety, sustainability, and general welfare of the community. (Ord. 52-09, 10-19-2009) City of Dubuque 16-3-2 16-3-4 16-3-2: GENERAL LOT SIZE REQUIREMENTS AND STANDARDS: No building shall be built upon a lot without the required minimum frontage along an improved private or public street built to minimum city street standards. No building shall be built upon a lot without a city approved driveway access to a public or private street or alley. (Ord. 52-09, 10-19-2009) 16-3-3: APPLICATION AND SCOPE OF REGULATIONS: A. No building, structure, or part thereof, shall hereafter be built, moved or altered, and no building, structure or land shall hereafter be used or occupied upon a lot which is smaller in area than the minimum lot area or minimum lot area per dwelling unit; narrower than the minimum lot width; or shallower than the minimum lot depth required in the zoning district in which the building, structure or land is located. B. No existing building or structure shall hereafter be built or altered so as to conflict or further conflict with this title. C. This title expresses bulk regulations in terms of maximum building or structure height, maximum lot coverage, and minimum front, side and rear yards. Unless permitted elsewhere in this title, no building, structure or part thereof, shall hereafter be built, moved or remodeled, and no building, structure or land shall hereafter be used, occupied or designed for use or occupancy so as to exceed the maximum building or structure height, or maximum lot coverage specified for the zoning district in which the building or structure is located. D. Within residential districts, only one principal permitted use or structure shall be located on a single zoning lot. In other districts, any number of structures or uses permitted by this title may be built, moved, altered, used or occupied, provided that the individual district regulations can be met. (Ord. 52-09, 10-19-2009) 16-3-4: REDUCTION IN LOT AREA PROHIBITED: No lot existing on the effective date hereof shall be reduced in dimension or area below the minimum requirements set forth herein. (Ord. 52-09, 10-19-2009) City of Dubuque 16-3-7-1 16-3-7-3 specifically authorized within each individual district of this title, and shall be subordinate to and on the same zoning lot with the principal structure or use in conjunction with which it is maintained. (Ord. 52-09, 10-19-2009) 16-3-7-2: BULK REGULATIONS: A. Location: No accessory use or structure permitted by this title may be located in a required front yard, except as otherwise specifically authorized. No accessory structure, equipment or material of any kind exceeding five feet (5') in height may be located in a required side yard. B. Accessory Use/Structure Coverage: The lot coverage of permitted accessory uses and/or structures and the principal structure it serves shall be calculated together for the purpose of complying with the specified lot coverage as a percent of lot area. The maximum lot coverage shall not be exceeded within the district in which it is located and in no case shall permitted accessory structures or uses exceed the lot coverage of the principal structure it serves, with a maximum of one thousand (1,000) aggregate square feet for all detached structures. C. Accessory Structure Height Limitations: No accessory structure permitted by this title shall exceed a height of fifteen feet (15') measured from average ground level. Satellite receiving dishes, wind energy conversion systems, and building mounted wind turbines shall comply with the bulk regulations of chapter 7 of this title. D. Side And Rear Yard Setbacks: Side yard setbacks for all permitted accessory structures or uses shall be the same as required for the principal permitted use in the bulk regulations section of the specific zoning district. Rear yard setbacks for all permitted accessory structures or uses shall be six feet (6') for all zoning districts. Side and rear yard setbacks for detached storage sheds no larger than one hundred twenty (120) square feet in area shall be three feet (3') for all zoning districts, provided such structure is located at least six feet (6') from the primary structure. (Ord. 52-09, 10-19-2009) 16-3-7-3: RESIDENTIAL USE PROHIBITED: No accessory structure may be used for residential dwelling purposes at any time, except as allowed in section 16-8-5 of this title. (Ord. 52-09, 10-19-2009) City of Dubuque 16-3-8 16-3-12 16-3-8: ACCESSORY STRUCTURES AND USES IN ALL OTHER ZONING DISTRICTS: In all other zoning districts, accessory structures and uses shall be permitted with or without conditions if the city planner deems the structure or use customarily incidental to and sub- ordinate to the principal structure or use it serves. Such structures and uses within nonresidential districts shall comply with the specific bulk regulations listed within the district in which it is located, except that gas and service stations shall be allowed pumps, pump islands and canopies in a required front yard subject to site plan review, and satellite receiving dishes shall comply with the requirements established in section 16-7-2-14 of this title and wind turbines (building mounted) shall comply with the requirements established in section 16-7-3-7 of this title. (Ord. 52-09, 10-19-2009) 16-3-9: ACCESSORY USES SUBJECT TO SITE PLAN REVIEW: The following accessory uses shall require site plan approval in accordance with chapter 12 of this title and, where applicable, compliance with additional supplemental land use regulations as established in chapter 7 of this title, prior to their establishment on the premises: Greenhouses over one hundred (100) square feet in area. Satellite receiving dishes. Swimming pools. Wind energy conversion systems. (Ord. 52-09, 10-19-2009) 16-3-10: PERMITTED MODIFICATIONS OF HEIGHT RESTRIC- TIONS: The following may exceed the prescribed height limit provided they are required for a use permitted in the district in which they are erected or constructed: chimneys, cooling towers, condensers, elevator bulkheads, belfries, stacks, ornamental towers, monuments, cupolas, domes, spires, stair towers, and other necessary mechanical appurtenances and their protective housing but not to include equipment penthouse that constitutes more than thirty percent (30%) of the roof area. (Ord. 52-09, 10-19-2009) 16-3-11: RESERVED: (Ord. 52-09, 10-19-2009) 16-3-12: FEES: Any application for action taken under this title shall be submitted along with the required fee, as established by City of Dubuque -P- -R- PUBLIC WAYS AND PROPERTY (cont.) Streets, Sidewalks And Other Public Places 10-1 Valet Drop Off Parking; Permit Requirements 10-8 Q R RABIES CONTROL (See Also ANIMAL CONTROL) 7-6C RAILROADS Maintenance Of Crossings, Rights Of Way 10-6-3 Parking Near Certain Streets Prohibited 10-6-5 Speed Restrictions 10-6-1 Unlawful Deposits 10-6-2 Use Of Certain Track As Team Track Restricted 10-6-4 RECKLESS DRIVING 9-7-321.277 RESIDENTIAL CODE International Residential Code Adopted 14-1 B-1 International Residential Code Amendments 14-1 B-2 RESIDENTIAL RELOCATION ASSISTANCE PROGRAM (See Also ECONOMIC DEVELOPMENT) 3-4D RESIDENTIAL ZONING DISTRICTS 16-5-2 — 16-5-6 RESILIENT COMMUNITY ADVISORY COMMISSION Commission Created 2-6-1 Compensation 2-6-11 Internal Organization And Rules 2-6-3 Meetings 2-6-10 Membership 2-6-5 Oath 2-6-6 Officers/Organization 2-6-9 Powers 2-6-13 Procedures For Operation 2-6-4 Purpose 2-6-2 Removal 2-6-12 Terms 2-6-7 Vacancies 2-6-8 RESOLUTIONS (See ORDINANCES AND RESOLUTIONS) REVENUE AND TAXATION Economic Development Industrial Projects 3-4A Residential Relocation Assistance Program 3-4D Speculative Shell Buildings Of Community Development Organizations And For Profit Entities 3-4C Hotel And Motel Tax 3-3 November 2016 City of Dubuque -R- -R- REVENUE AND TAXATION (cont.) Property Tax 3-1 Revitalization Areas 3-2 REVITALIZATION AREAS Cathedral 3-2-9 Jackson Park 3-2-2 Kunkel And Associates 3-2-10 Lange Estate 3-2-11 Langworthy 3-2-7 Old Main 3-2-8 Paragon Square 3-2-12 Purpose 3-2-1 Stout Place 3-2-6 Upper Main 3-2-5 Washington Street 3-2-4 West Eleventh Street 3-2-3 RIGHTS OF WAY Cable Right Of Way Regulations 11-2 Cable Communications 11-2A Open Video Systems 11-2B Cable Television 11-3 Cable Franchise Agreement 11-3A Cable Services Customer Service Standards 11-3E Rates And General Regulations 11-3D Electric Franchises 11-5 Interstate Power And Light Company 11-5A Maquoketa Valley Electric Cooperative 11-5B Gas Franchise 11-4 Nonfranchised Communications Systems Amendment To License 11-1-5 Application For License 11-1-3 Construction Of Chapter 11-1-16 Definitions 11-1-1 Failure To Secure, Renew Or Comply With License 11-1-11 Granting Of License 11-1-4 Hold Harmless; Insurance; Bond 11-1-10 License Fees 11-1-8 License Required 11-1-2 Notice; Appeal 11-1-15 Police Regulations 11-1-17 Regulations 11-1-6 Reimbursement For City Cost Associated With Construction Activities 11-1-9 Relocation Or Removal When Required By Public Needs 11-1-7 Transfers And Assignments 11-1-12 November 2016 City of Dubuque