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1 Supplement No. 03 - Code of Ordinances - January 1979TABLE OF CONTENTS Page Officials of City at Time of Codification Preface y Ordinance Adopting Code ix CODE OF ORDINANCES Chapter 1. General Provisions 1 2. Administration 55 Art. I. In General 55 Art. II. City Council 58 Div. 1. Generally 58 Div. 2. Rules of Procedure 60 Art. III. Officers and Employees 65 Div. 1. Generally 65 Div. 2. Mayor 67 Div. 3. Manager 68 Div. 4. City Clerk 71 Div. 5. City Solicitor 74 Div. 6. City Treasurer 77 Div. 7. Director of Public Works 78 Art. IV. Civil Service Commission 78.1 Art. V. Emergency Succession 80 3. Advertising 133 Art. I. In General 133 Art. II. Billposters, Billposting and Distribut- ing 134 Art. III. Signs 136 Div. 1. Generally 136 Div. 2. Construction 140 Div. 3. Licenses, Permits and Bonds 143 4 Airport 197 Art. I. In General 197 Art. II. Commission 200 Art. III. Manager 201 Art. IV. Zoning Commission 202 Supp. No. 1 XV DUBUQUE CODE Chapter Page Art. V. Zoning Regulations 203 Div. 1. Generally __.__._ 203 Div. 2. Board of Adjustment 207 Div. 3. Zones .... 209 Div. 4. Height Limitations __ 210 Div. 5. Land and Non -Conforming Use Restrictions ____..__ 212 5. Alcoholic Beverages _.._____.. 263 Art. I. In General 263 Art. II. Liquor Control Licenses and Beer Per- mits 267 6. Amusements 327 Art. I. In General 327 Art. II. Billiard and Pool Halls 327 Div. 1. Generally 327 Div. 2. License __ 330 Art. III. Bowling Alleys 330 Art. IV. Circuses, Carnivals and Menageries 331 Art. V. Open Air Shows 333 Art. VI. Public Dances and Dance Halls 334 Art. VII. Shooting Galleries 338 Art. VIII. Theaters and Halls 338 Art. IX. Roller Skating Rinks 340 7. Animals and Fowl 393 Art. I. In General 393 Art. II. Dogs 396 Div. 1. Generally 396 Div. 2. License 399 Div. 3. Rabies Control 401 8. Auctions and Auctioneers 453 Art. I. In General 453 Art. II. Licenses and Permtis ___.: 454 9. Bicycles ___.._ 507 Art. I. In General _ _.. 507 Art. II. Registration 509 Supp. No. 1 xvi Chapter 4 AIRPORT* Art. I. In General, §§; 4-1--4-21 Art. II. Commission, §§ 4-22--4-33 Art. III. Manager, §§ 4-34-4-46 Art. IV. Zoning Commission, §§ 4-47-4-61 Art. V. Zoning Regulations, §§, 4-62-4-112 Div. 1. Generally, §§ 4-62-4-73 Div. 2. Board of Adjustment, §§ 4-74-4-85 Div. 3. Zones, §§ 4-86-4-95 Div. 4. Height Limitations, §§ 4-96-4-110 Div. 5. Land and Non -Conforming Use Restrictions, §§ 4-111, 4-112 ARTICLE I. IN GENERAL Sec. 4-1. Name. The airport located in Table Mound Township now the prop- erty of the city is hereby named "The Dubuque Municipal Airport." (Ord. No. 45-73, § 1, 8-20-73)1 Sec. 4-2. Limitations on use. Only aircraft and airmen licensed by the Federal Aviation Administration of the United States Department of Transpor- tation shall operate on or over the airport; provided, however, that this restriction shall not apply to public aircraft of the federal government or of a state, territory or possession, or of a political subdivision thereof, or to aircraft licensed by a foreign country with which the United States has a reciprocal agreement covering the operation of such licensed aircraft. (Ord. No. 45-73, § 2, 8-20-73) Sec. 4-3. Government regulations—Adopted. The Federal Air Regulations as established by the Federal Aviation Administration are hereby adopted by reference and made a part of this chapter except where they are in conflict *State law reference—Airports, I.C.A. Ch. 330. 197 § 4-3 DUBUQUE CODE § 4-7 with the regulations of the United States Air Force. (Ord. No. 45-73, § 4, 8-20-73) Sec. 4-4. Same—Conformance required.. -- No person shall navigate any aircraft over, land upon, or fly the same from, or service, maintain, or repair any aircraft upon the airport, or conduct any aircraft operations on or from the airport otherwise than in conformity with the re- quirements of the Federal Aviation Administration. (Ord. No. 45-73, § 3, 8-20-73) Sec. 4-5. Suspension of rules. Any of the traffic rules and regulations relating to the airport that are in conflict with or contrary to the rules and regulations of the United States Air Force shall be suspended during any tenancy of the United States Air Force, and such other, rules and regulations as the post commander may. pre- scribe shall be put intofulleffect by supplemental notices issued in the form of special field orders by the airport manager. These special field orders shall be effective and made a part of said rules and regulations. (Ord. No. 45-73, § 8, 8-20-73) Sec. 4-6. Permits -Aviation. No person shall use, the municipal airport as a base or terminal for the carrying on of commercial aviation, the carry- ing of passengers, freight, express, mail, or for student flying, communications or other commercial or private purpose, with- out first securing a permit from the airportmanager and paying the fees and charges prescribed for such privileges, uses, or services rendered. (Ord. No. 45-73, § 9, 8-20-73) Sec. 4-7. Same—Concessionaires. No person shall engage in the sale of refreshments or of any other commodity, gasoline, oil, or any other merchandise, or render any services for hire within the confines of the municipal airport without having first secured a permit from 19.8 § 4-7 AIRPORT § 4-10 the airport commission and paid, or made satisfactory arrange- ments to pay, such fees or other sums of money as may be fixed and determined by the airport commission for such privilege or concession. (Ord. No. 45-73, § 10, 8-20-73) Sec. 4-8. Registration required. The names, addresses, telephone numbers, and nature of business or occupation of all persons stationed or employed upon the city airport or receiving instruction thereon, or operating therefrom, shall be registered at the administration office of the airport, except United States officers or per- sonnel. (Ord. No. 45-73, § 11, 8-20-73)i Sec. 4-9. Waiver and indemnification of city. The permission granted by the airport commission to use the airport and its facilities, or to fly to, from or over the same, shall be at all times conditioned upon the assumption of full responsibility therefor by every person exercising or taking advantage of such permission. It shall be a further condition thereof that each person, as a consideration for the use of the airport and for its facilities, shall at all times release, hold harmless and indemnify the.. city, its officials and their agents and employees from any and all responsi- bility, liability, loss or damage resulting to any such person, or caused by or on his behalf and incident to the manner in which the airport is operated, constructed or maintained, or served from within or without, or used from without. The use of the airport by any person for any purpose, or the paying of fees therefor, or the taking off or landing of aircraft thereon shall be itself an acknowledgment that such person accepts such privileges on the condition herein set forth. Sec. 4-10. Violations; ejection of offenders. Any person operating or handling any aircraft in violation of the provisions of this chapter, the rules and regulations pro- mulgated hereunder or amendments thereto, or who, refuses to comply therewith shall be promptly removed and ejected from the airport by or under authority of the airport manager, and, upon the written order of the .airport manager, may be 199 § 4-10 DUBUQUE CODE §:4-24 denied the further use of the airport and its facilities for such length of time as may be required to insure the safety of the airport and the public and its interest therein. (Ord. No. 45-73, § 13, 8-20-73) Secs. 4-11-4-21. Reserved. ARTICLE II. COMMISSION* Sec. 4-22. Powers—Generally. The airport commission of the city shall have and exercise the powers to manage and control the municipal airport of the city, except that such commission shall not have the power to sell such airport. (Ord. No. 20-75, § 3, 6-16-75) Sec. 4-23. Same—Rule-making. The airport commission shall promulgate and put in force such rules and regulations as shall be deemed necessary and appropriate for the orderly operation, management, control and supervision of the municipal airport. A copy of such rules and regulations shall be filed with the airport manager together with any amendments thereto ; also, copies thereof shall be posted in two (2) conspicuous places in the adminis- tration building at the municipal airport. (Ord. No. 45-73, § 7, 8-20-73; Ord. No. 20-75, § 7, 6-16-75) Sec. 4-24. Same—Control of funds. All funds derived from taxation or otherwise for airport purposes shall be under the control of the airport commission of the city for the purposes of management, operation and control of the municipal airport and shall be deposited with the city treasurer to the credit of the airport commission and shall be disbursed only on the written warrant or order of the airport commission including the payment of all indebted- ness arising from the acquisition and construction of airports and the maintenance, operation and extension thereof. (Ord. No. 20-75, § 5, 6-16-75) *Cross reference—Administration, Ch. 2. 200. § 14-68 FIRE P'RE.VENT'ION AND PROTECTION § 14-71 (1) The name and address of the applicant; (2) The location of the service station; (3) The name and address of the owner of the premises on which the service station is located; (4) The name and address of the operator of the service station; (5) The amount of Class I flammable liquid storage pro- vided in such service station. (Ord. No. 31-52, § 4, 8-4-52), Sec. 14-69. Investigation; issuance. If, after an investigation by the chief, the city manager shall be reasonably satisfied that the premises are constructed and will be operated in conformity with good safety standards, he shall issue a license to the applicant for the operation of a service station. Compliance with the requirements of NFPA Bulletin No. 30-L (1951 Ed.), three (3) copies of which shall be kept on file in the office of the city manager for public inspection, shall be prima facie evidence of good safety stand- ards. (Ord. No. 31-52, § 5, 8-4-52) Sec. 14-70. Fee. Each applicant for a license required by this division shall pay a fee therefor of ten dollars ($10.00). (Ord. No. 31-51, § 3, 8-4-52; Ord. No. 27-71, § 1, 6-7-71) Sec. 14-71. Appeal upon denial. Any person aggrieved by the refusal of the city manager to issue the license required by this division may appeal to the city council within ten (10) days after receipt of notice of such refusal by filing written notice of such appeal with the city clerk. Upon hearing such appeal the city council may affirm, modify, or revoke the action of the city manager. (Ord. No. 31-52, § 6, 8-4-52) 857 § 14-72 DUBUQUE CODE § 14-74 Sec. 14-72. Revocation after owner's failure to correct article violations or hazardous conditions. Whenever it shall appear to the chief that any permit holder under this division has violated any of the provisions of this article or is creating a hazardous condition through the im- proper handling of flammable liquids, he may mail a written notice to the owner and operator, as shown on the application, pointing out the condition complained of and directing that the same be remedied. In the event the condition complained of is not remedied within five (5) days from the date of mail- ing such notice, the city manager may revoke the permit and no new permit shall thereafter be issued until the condition complained of has been corrected. (Ord. No. 31-52, § 11, 8- 4-52) Sec. 14-73. Appeal after revocation. In the event any permit holder under this division shall be aggrieved by the decision of the city manager to revoke his permit under the provisions of section 14-72 of this division, he may appeal to the city council within ten (10) days after receipt of notice of revocation by filing written notice of such appeal with the city clerk. Upon hearing such appeal the city council may affirm, modify or revoke the action of the city manager. (Ord. No. 31-52, § 12, 8-4-52) Sec. 14-74. Expiration; renewal. No person shall engage in the operation of any service station within the City of Dubuque, Iowa, without first secur- ing a license or permit therefor in compliance with the pro- visions of this ordinance, and pay a fee therefor in the amount of ten dollars ($10.00). The license required by this division shall expire on the thirtieth day of June following the issuance thereof and renewal fees fOr such license shall be due July first of each year for the ensuing year and shall become delinquent if unpaid by the tenth day of July of each year. (Ord. No. 31-52, § 3, 8-4-52 ; Ord. No. 27-71, § 1, 6-7-71) [The next page is 909] 858 Chapter 18 HEALTH AND SANITATION* Art. I. In General, §§ 18-1-18-15 Art. II. Ambulances, §§ 18-16-18-56 Div. 1. Generally, §§ 18-16-18-27 Div. 2. Licenses, §§ 18-28-18-51 Div. 3. City Operated Service,§§ 18-52-18-56 ARTICLE I. IN GENERAL Sec. 18-1. Board of health established. The city council is hereby established as the board of health in and for the City of Dubuque, Iowa. (Ord. No. 39-77, § 1, 6-15-77) Editor's note—Ord. No. 39-77, § 1, adopted June 15, 1977, amended the Code by adding provisions designated as § 2-9; for purposes of classifica- tion the editor has redesignated said provisions as § 18-1. Cross reference—City clerk to act as clerk of board of health, § 2-121. Secs. 18-2-18-15. Reserved. ARTICLE II. AMBULANCESt DIVISION 1. GENERALLY Sec. 18-16. Definitions. Unless otherwise specified, the following terms, when used in this article, shall have the meanings indicated: Ambulance means any privately or publicly owned motor or other vehicle that is specially designed or constructed, and *Cross references—Rabies control system for dogs, Ch. 7, Art. II, Div. 3; food and food handlers, Ch. 16; garbage, trash and refuse, Ch. 17; health officer's enforcement authority in regards to housing regulations, § 22-16; sanitation of food peddlers' vehicles, § 28-4; plumbing, Ch. 30; sewers and sewage disposal, Ch. 36, Art. II; water, Ch. 36, Art. IV; weeds, Ch. 37, Art. III. 'Cross references—Rat control in business buildings, § 24-78 et seq.; privileges of authorized emergency vehicles, § 25-167; duty of drivers upon approach of emergency vehicles, § 25-214. Supp. No. 2 1083 § 18-16 DUBUQUE CODE § 18-17 equipped, and is intended to be used for and is maintained or operated for the transportation of patients, except any such motor vehicle owned by, or operated under the direct control of, the United States. Attendant means a trained and/or qualified individual re- sponsible for the operation of an ambulance and the care of the patients whether or not the attendant also serves as driver. Attendant -driver means a person who is qualified as an attendant and a driver. Driver means an individual who drives an ambulance. Dual purpose patrol car means a vehicle, operated by a police or fire department, which is equipped as an ambulance, even though it is also used for patrol or other purposes. Health officer means the director of the city health depart- ment. License officer means the city clerk. Patient means an individual who is sick, injured, wounded, or otherwise incapacitated or helpless. Person means any person, firm, partnership, association, corporation, company, group of individuals acting together for a common purpose or organization of any kind, including any governmental agency other than the United States. (Ord. No. 9-74, § 1, 2-4-74) Cross reference—Rules of construction and definitions ,generally, § 1-2. Sec. 18-17. Standards—Generally. Each ambulance shall, at all times when in use as such : (1) Be suitable for the transportation of patients from the standpoint of health, sanitation and safety, and be maintained in suitable premises; (2) Contain equipment conforming with the standards, re- quirements and regulations provided for in this article, Supp. No. 2 1084 § 18-17 HEALTH AND SANITATION § 18-17 which equipment shall be in proper and good condition for such use; (3) Currently comply with all applicable laws and local ordi- nances relating to health, sanitation and safety; (4) Be equipped with such lights, sirens and special mark- ings to designate it as an ambulance as may be pre- scribed in reasonable regulations promulgated by the license officer; and Supp. No. 2 1084.1 Chapter 19 HEATING, AIR CONDITIONING AND VENTILATING Sec. 19-1. Code—Adopted. The Heating, Ventilating, Air -Conditioning and Refrigera- tion Code of Dubuque, Iowa, of 1962, hereafter referred to as the "Heating, Ventilating, Air -Conditioning and Refrigera- tion Code," and a true copy of which is attached hereto marked "Exhibit `A' " and by reference included herein, is hereby adopted by reference as a heating, ventilating, air-conditioning and refrigeration code for the city. (Ord. No. 9-62, § 1, 2-19-62) Cross references—Building code adopted, § 10-1; electrical code adopted, § 13-3; fire prevention and protection code adopted, § 14-1; plumbing code adopted, § 30-1. Sec. 19-2. Same—Amendments. The code adopted by section 19-1 of this chapter is amended as set out in this section. Section 1.8.4, Fees for Certificate of Registration is amend- ed to read as follows : The application fee for the initial certificate of registra- tion shall be one hundred dollars ($100.00) and shall be submitted with the application. No fees shall be refunded whether the certificate is issued or denied. The annual re- newal fee for such certificate of registration shall be five dollars ($5.00). (Ord. No. 3-77, Pt. 1, 2-7-77) Section 1.9.6, Examination Fee is amended to read as follows : The examination fee for a certificate of competency shall be ten dollars ($10.00) per person, for one or more classes of competency, when taken at one examination. The fee shall be paid before examination, and at the time of applica- tion; and there shall be no refund for any reason. Reexam- ination fees shall be as above for a first examination. The fee for an examination does not include the fee for an origi- nal certificate of competency. The fee for an original cer- Supp. No. 2 1149 § 19-2 DUBUQUE CODE § 19-2 tificate of competency shall be five dollars ($5.00) and shall be in addition to the examination fee. (Ord. No. 3-77, Pt. 1, 2-7-77) Section 1.9.13, Expiration and Renewal of Certificates of Competency is amended to read as follows : Certificates of competency may be renewed annually upon presentation of the receipt from the City of Dubuque treasurer for the renewal fee on or before January 15 of each year commencing with January 15 of the year follow- ing the year in which the certificate of competency was first issued. The date of such renewal shall be endorsed on the certificate. In the event the holder of any such cer- tificate of competency shall fail to renew the same in the manner herein provided, the certificate shall expire and a new one shall not be issued without making application for a new certificate, paying the fee therefor and submitting to examination as required in the first instance. The annual renewal fee for a certificate of competency shall be two dollars ($2.00). (Ord. No. 3-77, Pt. 1, 2-7-77) Section 1.10.2, Permit and Permit Fee Schedule is amended to read as follows : In accordance with section 1.10 of this code, a permit shall be required for each of the following: Permit Fee* Maximum Maximum Maximum Rated Rated Rated Btuh Input 400,000— 2,500,000 Item 1-399,000 2,499,000 and Over Boiler, steam or hot water: Hand -fired $10.00 $20.00 $30.00 Oil- or gas-fired 10.00 20.00 30.00 Furnace, warm air heating: Hand -fired 10.00 20.00 30.00 Oil- or gas-fired __. 10.00 20.00 30.00 *Editor's note—Ord. No. 3-77 as found on pp. 50-52 of the published council minutes for 1977 contains no explanation of the * found therein. Supp. No. 2 1150 § 191/2-9 HISTORICAL PRESERVATION § 191/2-9 (b) Upon the filing of such application, the building com- missioner shall immediately notify the historic preservation commission of the receipt of such application, and shall trans- mit it, together with accompanying plans and other informa- tion to the commission, unless it pertains solely to the interior of the structure. (c) The historic preservation commission shall meet within fourteen (14) days after notification by the building com- missioner of the filing, unless otherwise mutually agreed upon by the applicant and commission, and shall review the plans according to the duties and powers specified herein. In re- viewing the plans, the commission may confer with the appli- cant or his authorized representative. (d) The commission shall approve or disapprove such plans, and if [they are] approved, shall issue a certificate of appro- priateness, which is to be signed by the chairman, attached to the application for the regulated permit and immediately transmitted to the building commissioner. (e) If the commission disapproves of such plans, it shall state its reasons for doing so and shall transmit a record of such action and reasons therefor in writing to the building commissioner and to the applicant. The commission may pro- pose appropriate revisions of the applicant's plans if it dis- approved of the plans submitted. The applicant, if he so desires, may make modifications to his plans and shall have the right to resubmit his application at any time. (f) No regulated permit shall be issued authorizing a ma- terial change in use or appearance of a structure or site within an historic district until a certificate of appropriate- ness has been filed with the building commissioner. In the event the commission disapproves of a proposed plan, its notice of disapproval shall be binding upon the building com- missioner, and no permit shall be issued in such a case. The failure of the commission to act within forty-five (45) days from the date of an application filed with it, unless an extension is agreed upon mutually by the applicant and the commission, shall be deemed to constitute approval. In the Supp. No. 2 1179 § 19% -9 DUBUQUE CODE § 19%41 event, however, that the commission shall make a finding that the circumstances of a particular application require further time for additional study and information than can be ob- tained within the aforesaid period of forty-five (45) days, then in said event the commission shall have a period of up to ninety (90) days within which to act upon such an applica- tion. (g) After the certificate of appropriateness has been is- sued and the regulated permit granted to the applicant, the building commissioner shall from time to time inspect the construction, alteration, or repair approved by such certifi- cate and shall take such action as is necessary to enforce compliance with the approved plans. (h) Nothing in this chapter shall be construed to prevent ordinary maintenance or repair of any structure within an historic district where such maintenance or repair does not involve a material change of appearance, as herein defined. (Ord. No. 18-77,'§ 6, 4-4-77) Sec. 191/2-10. Appeals from commission decisions. Appeals from the decisions or actions of the historic pres- ervation commission may be taken to a court of appropriate jurisdiction in Dubuque County, Iowa. (Ord. No. 18-77, § 7, 4-4-77) Sec. 19%2-11. Violations, penalties; injunctive remedy author- ized. For every violation of any provisions of this Chapter, the owner, general agent, tenant, occupant or contractor of a structure or site involved shall be guilty of a misdemeanor punishable by a fine [of one hundred dollars ($100.00) or imprisonment] not exceeding thirty (30) days. Each week or portion thereof of a continued breach shall constitute a sep- arate, additional violation. In addition, the council shall have. such other remedies as are provided by law to enforce the provisions of this chapter, including but not limited to, in- junctive relief. (Ord. No. 18-77, § 8, 4-4-77) [The next page is 11991 Supp. No. 2 1180 § 25-141 MOTOR VEIHICLES AND 'T'RAFFIC §. 25_14.2 (2) To lend his temporary driver's permit, temporary in- struction permit, operator's license or chauffeur's li- cense to any other person or knowingly permit the use thereof by another. (3) To display or represent as one's own any temporary driver's permit, temporary instruction permit, opera- tor's license, or chauffeur's license not issued to him. (4) To fail or refuse to surrender to the department upon its lawful demand any temporary driver's permit, tem- porary instruction permit, operator's license or chauf- feur's license which has been suspended, revoked or cancelled. (5) To use a false or fictitious name in any application for a temporary driver's permit, temporary instructionper- mits, operator's license or chauffeur's license or to knowingly conceal a material fact or otherwise com- mit a fraud in any such application. (6) To permit any unlawful use of a temporary driver's permit, temporary instruction permit, operator's license or chauffeur's license issued to him. (Ord. No. 33-49, § 3.3, 9-6-49; Ord. No. 56-71, § 1, 10-20-71) State law reference—Similar provisions, I.C.A. § 321.216. Sec. 25-142. Driving while license denied, suspended or re- voked. Any person whose operator's or chauffeur's license or driv- ing privilege has been denied, canceled, suspended, or revoked who drives any motor vehicle upon the streets of this city while such license or privilege is denied, canceled, suspended, or revoked, is guilty of a misdemeanor and upon conviction shall, be punished by imprisonment for not less than two (2) or more than thirty (30) days. The sentence imposed under this section shall not be suspended by the court, notwithstand- ing the provisions of section 789A.1, Iowa Code, or any other provision of statute. (Ord. No. 33-49, § 3.4, 9-6-49) State law reference—Similar provisions, I.C.A. § 321.218. 1567' § 25-143 DUBUQUE. CODE: § 25447 Sec. 25-143. Permitting unauthorized minor to drive. No person shall cause or knowingly permit his child or ward under the age of eighteen (18) years. to drive a motor vehicle upon any street when such minor is not authorized according to law. (Ord. No. 33-49, § 3.5, 9-6-49) State law reference—Similar provisions, I.C.A. § 321.219. Sec. 25-144. Permitting unauthorized persons to drive. No person shall authorize or knowingly permit a motor vehicle owned by him or under his control to be driven upon any street by any person who is not authorizedby law. (Ord. No. 33-49, § 3.6, 9-6-49) State law reference—Similar provisions, I.C.A. § 321.220. Sec. 25-145. Employing unlicensed chauffeur. No person shall employ as a chauffeur of a motor vehicle any person not then licensed as provided by law. (Ord. No. 33-49, § 3.7, 9-6-49) State law reference—Similar provisions, I.C.A. § 321.221. Sec. 25-146. Restricted licenses. (a) The department of public safety may either issue a special restricted license or may set forth such restrictions upon the usual license form. (b) It is a misdemeanor for any person to operate a motor vehicle in any manner in violation of the restrictions imposed in a restricted license issued to him. (Ord. No. 33-49, § 3.11, 9-6-49 ; Ord. No. 36-68, § 1, 6-3-68) State law reference -Similar provisions, I.C.A. § 321.193. Sec. 25-147. Renting motor vehicle to unlicensed persons. No person shall rent a motor vehicle to any other person unless the latter person is then duly licensed according to the laws of the state, or in the case of a non-resident, then duly licensed under the laws of the state or county of his resi- dence except a non-resident whose home state or county does 1568 § 25 177 MOTOR TEHICLES; AND TRAFFIC § 25-181 Sec. 25-177. Signals required when turning. No person shall turna vehicle from a direct course upon a street unless and until such movement can be made with reasonable safety and then only after giving a clearly audible signal by sounding a horn if any pedestrian may be affected by such movement or after giving an appropriate signal ,in the manner hereinafter provided in the event any other vehicle may be affected by such movement. (Ord. No. 33-49, § 11.4, 96-49)1 State law reference—Similar provisions, I.C.A. § 321.314. Sec. 25-178. Turn signal to be continuous. A signal of intention to turn right or left shall be given continuously during not less than the last one hundred (100) feet traveled by the vehicle before turning. (Ord. No. 33-49, § 11.5, 9-6-49) State law reference—Similar provisions, I.C.A. § 321.315. Sec. 25-179. Signal required when stopping or decreasing speed suddenly. No person shall stop or suddenly decrease the speed of a ve- hicle without first giving an appropriate signal in the manner provided in this article to the driver of any vehicle immediate- ly to the rear when there is opportunity to give such signal. (Ord. No. 33-49, § 11.6, 9-6-49) State law reference—Similar provisions, I.C.A. § 321.316. Sec. 25-180. Signals to be by hand and arm or signal device. The signals required under the provisions of this article may be given either by means of the hand and arm as provided in section 25-181, or by a mechanical or electrical directional signal device or light of a type approved by the state depart- ment of public safety. (Ord, No. 33-49, § 11.7, 9-6-49) State law reference—Similar provisions, I.C.A. § 321.317. Sec. 25-181. Method of giving hand and arm signals. All signals required under this article which may be given by hand and arm shall, when so .given, be given from the left 1579 § 25481 DUBUQUE CODE •§ 25-185 side of a vehicle and the following manner and interpretation thereof is suggested: (1) Left turn. Hand and arm extended horizontally. (2) Right turn. Hand and arm extended upward. (3) Stop or decrease of speed. Hand and arm extended downward. (Ord. No. 33-49, § 11.8, 9-6-49) State law reference—Similar provisions, I.C.A. § 321.318. Sec. 25-182. Directional signal devices to be maintained in good working condition; to be self -illuminated. When a vehicle is equipped with a directionali signal device, such device shall at all times be maintained in good working condition. No directional signal device shall project a glaring or dazzling light. All directional signal devices shall be self illuminated when in use while other lamps on the vehicle are lighted. (Ord. No. 33-49, § 11.9, 9-6-49; Ord. No. 56-53, § 5, 7-15-53) Sec. 25-183. One-way streets. Upon those streets and parts of streets and in those alleys designated from time to time as one-way streets and sign- posted for one-way traffic, vehicles shall be driven only in the direction designated. (Ord. No. 33-49, § 10.6, 9-6-49) State law reference -Similar provisions, I.C.A. § 321.305. Sec. 25-184. Following too closely. The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due re- gard for the speed of such vehicles and the traffic upon and the condition of the street. (Ord. No. 33-49, § 8.3, 9-6-49) State law reference—Similar provisions, I.C.A. § 321.307. Sec. 25-185. Stop required in obedience to signal of train. (a) Whenever any person driving a vehicle approaches a railroad grade crossing and warning is given by automatic signal or crossing gates or a flagman or otherwise of the im- 1580 § 25-185 MOTOR VEHICLES AND .TRAFFIC § 25-188 mediate approach of a train, the driver of such vehicle shall stop within fifty (50) feet but not less than ten (10) feet from the nearest track of such railroad and shall not proceed until he can do so safely. (b) The driver of a vehicle shall stop and remain standing and not traverse such a grade crossing when a crossing gate is lowered or when a human flagman gives or continues to give a signal of the approach or passage of a train. (Ord. No. 33-49, § 13.1, 9-6-49) State law reference—Similar provisions, I.C.A. § 321.341. Sec. 25-186. Certain vehicles must stop at railroad crossings. (a) The driver of any motor vehicle carrying passengers for hire, or any school bus carrying any schoolchild, or of any vehicle carrying explosive substances or flammable liquids as a cargo or part of a cargo, before crossing at grade any track or tracks of a railroad, shall stop such vehicle within fifty (50) feet but not less than ten (10) feet from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching train and for signals indicating the approach of a train except as hereinafter provided, and shall not proceed until he can do so safely. (b) No stop need be made at any such crossing where a police officer or traffic -control signal directs traffic to pro- ceed. (Ord. No. 33-49, § 13.3, 9-6-49) State law reference—Similar provisions, I.C.A. § 321.343. Sec. 25-187. Manner of stopping busses. Busses shall draw up to the curb at the near side of the street intersections when loading or unloading passengers ex- cepting at intersections where spaces are otherwise desig- nated. (Ord. No. 33-49, § 13.2, 9-6-49) Sec. 25-188. School zones. (a) School zones are hereby established and shall embrace all the territory contiguous to and including streets for a .1581 § 25-18$ DUBUQUE1.00D'Fi § 25-195 distance of two hundred (200) feet in either direction from a school building or buildings. All vehicular traffic shall stop when approaching such zones in . obedience to movable stop signs placed in the streets at the limits of the same. (b) The city manager is authorized and directed to erect school -type traffic control signals at the entrance to each school zone in the city and at such other crossings or other in- tersections as the council may designate. (Ord. No. 33-49, §§ 13.4, 13.5, 9-6-49 ; Ord. No. 9-53, § 5, 5-12-53) Sec. 25-189. Operation of advertising vehicles. No person shall operate any vehicle upon the streets which, by loudspeakers or mechanical devices, is used to advertise events or the sale of goods, wares or merchandise. (Ord, No. 33-49, § 16.20, 9-6-49) Secs. 25-190-25-195. Reserved. DIVISION 2. OVERTAKING AND PASSING Sec. 25-196. Passing generally. The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions and special rules hereinafter stated: (1) Except on one-way streets, the' driver of a vehicle over- taking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle. (2) Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on an audible signal and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle. (3) Any driver of a vehicle that is overtaken by a faster moving vehicle who fails to heed the signal of the 1582 § 25-209 MOTOR VEHICLES AND TRAFFIC § 25-210 White Street, from the north line of East Fourth Street to the south line of East Twenty-second Street. Windsor Avenue, from the north property line of Rhom- berg Avenue to the south property line of Davis Avenue. (Ord. No. 33-49, § 12.3, 9-6-49; Ord. No. 45-59, § 3, 9-8-59; Ord. No. 41-77, § 1, 6-20-77; Ord. No. 52-77, § 1, 7-18-77) Editor's note—The street schedule set forth in § 25-209(b) is derived from Ord. No. 41-77, § 1, adopted June 20, 1977, as amended from time to time. Subsequent ordinances amending said street schedule by adding or revising the provisions thereof are indicated in the history note fol- lowing the provisions added or revised. A complete history note for § 25-209 appears at the end of the section. State law reference—Similar provisions, I.C.A. § 321.321. Sec. 25-210. Stop intersections. (a) The driver of a vehicle shall stop in obedience to a stop sign as required in this chapter at an intersection where a stop sign is erected at one or more entrances thereto al- though not a part of a through street and shall proceed cau- tiously, yielding to vehicles not so obliged to stop which are within the intersection or approaching so closely as to con- stitute a hazard, but may then proceed. (b) Those intersections designated are hereby declared to be "stop intersections" for all purposes of this section. Ve- hicles bound in the direction indicated must stop before en- tering the designated intersection. NORTHBOUND Fremont Avenue and Hartburg Place Grandview Avenue, North, and Clark Drive Kerrigan Road, east ramp, and Grandview Avenue Rockdale Road and Grandview Avenue Saunders Street and Lemon Street Woodland Drive and Key Way Drive SOUTHBOUND Twenty-first' Street, East, and White Street Berkley Street and Oak Crest Drive Fremont. Avenue and Simpson. Street Grandview Avenue, North, and Clarke Drive: Supp. No. 2 1590.1 § 25-210. DUBUQUE CODE § 25-210 Hawthorne Street and Front Street Key Way Drive and Southway (Ord. No. 77-77, § 1, 11-21- 77) Lincoln Avenue and Front Street Lowell Street and Woodworth Street Shields Street and Jones Street Windsor. Avenue and Davis Street Woodland Drive and Foothill Road NORTHBOUND AND SOUTHBOUND Seventeenth Street, East, and Washington Street Twenty-first Street, East, and Elm Street Twenty-first Street, East, and Washington Street Twenty-fourth Street, East, and Jackson Street Twenty-fourth Street, East, and Washington Street Twenty-fourth Street, East, and White Street Twenty-fifth Street, East, and White Street Twenty-sixth Street, East, and White Street Twenty-seventh Street, East, and White Street Twenty-eighth Street, East, and White Street Twenty-ninth Street, East, and White Street Thirtieth Street, East, and White Street Bunker. Hill Road and Clarke Drive Cherry Street and Finley Street Grandview Avenue, North, and Delhi Street Hillcrest Road and Key Way Drive Kaufmann Avenue and Crissy Drive Keystone Drive and Key Way Drive Key Way Drive and Woodland Drive Lincoln Avenue and Johnson Street Lincoln Avenue and Kniest Street Lincoln Avenue and Stafford Avenue Queen Street and Twenty-fourth Street Roosevelt Street and Lincoln Avenue Rosedale Street and Avoca Street Westway Street and Key Way Drive EASTBOUND Bluff Street and West Twelfth Street Fremont Avenue and Wartburg Place Supp. No. 2 1590.2 25-210 MOTOR VEHICLES AND TRAFFIC § 25-210 Front Street and Harbor Street Grandview Avenue, North, and Delhi Street Henion Street and Helena Street (Ord. No. 77-77, 11-21-77) James Street and Langworthy Avenue John F. Kennedy Road and University Avenue Key Way Drive and Keymont Street Key Way Drive and Westway Street St. Ambrose Street and Clarke Drive University Avenue and Asbury Road Woodworth Street and Lowell Street WESTBOUND Delhi Street and West Fifth Street Fremont Avenue and Kelly Lane Grandview Avenue, North, and Delhi Street James Street and Mazzuchelli Heights Madison Street and Clarke Drive St. Anne Drive and Ridge Road University Avenue and Asbury Road University Avenue and John F. Kennedy Road Windsor Avenue and Davis Street EASTBOUND AND WESTBOUND Atlantic Street and Custer Street Avoca Street and Green Street Elm Street and East Twenty-ninth Street Evergreen Street and Karen Street Fillmore Street and Adair Street Grandview Avenue, North, and Clarke Drive Hillcrest Road and Key Way Drive Jackson Street and East Twenty-fourth Street Key Way Drive and Keystone Drive Langworthy Avenue and Alpine Street Langworthy Avenue and Booth Street Langworthy Avenue and Nevada Street Lincoln Avenue and Fengler Street Maryville Drive and Maplewood Street Oakcrest Drive and Maplewood Street Supp. No. 2 1590.3 1, § 25-210 DUBUQUE CODE § 25-212 Pearl Street and Finley Street Pearl Street and Gilliam Street Randall Street and Bradley Street Rider Street and Bradley Street St. Ambrose Street and Rosedale Street Sheridan Street and Goethe Street Solon Street and Alpine Street Sycamore Street and East Fifteenth Street Theda Street and Crissy Drive Vizaleea Street and Keymont Walnut Street and West Eleventh Street Washington Street and East Thirteenth Street Washington Street and East Fifteenth Street Washington Street and East Sixteenth Street Washington Street and East Eighteenth Street Washington Street and East Nineteenth Street Washington Street and East Twenty-fifth Street Washington Street and East Twenty-ninth Street Woodland Drive and Key Way Drive (Ord. No. 33-49, § 12.4, 9-6-49 ; Ord. No. 63-77, § 1, 9-19-77 ; Ord. No. 77-77, § 1,.11-21-77) Editor's note—The street schedule set forth in § 25-210 (b) is derived from Ord. No. 63-77, § 1, adopted Sept. 19, 1977, as amended from time to time. Subsequent ordinances amending said street schedule by adding or revising the' provisions thereof are indicated in the history note follow- ing the provision added or revised. A complete history note for § 25-210 appears at the end of the section. State law reference—Similar provisions, I.C.A. § 321.322. Sec. 25-211. Stop signs to be erected at entrances to through streets and stop intersections; stop required. Stop signs shall be erected at entrances to through streets and at one or more entrances to stop intersections. Every driver of a vehicle shall stop at such sign or at a clearly marked stop line before entering an intersection, except when directed to proceed by a peace officer or traffic -control signal. (Ord. No. 33-49, § 12.5, 9-6-49) Sec. 25-212. Yield intersections. (a) The driver of a vehicle approaching a yield sign at a "yield" intersection shall slow down to a speed reasonable Supp. No. 2 1590.4 § 25-212 MOTOR VEHICLES AND TRAFFIC § 25-214 for the existing conditions or shall stop, if necessary, and shall yield the right-of-way to any pedestrian legally crossing the roadway and to any vehicle in the intersection or approaching so closely as to constitute a hazard. Said driver having so yielded may proceed with caution. (b) Those intersections designated as such from time to time are hereby declared "yield intersections" for all pur- poses of this section. (c) Yield signs shall be erected at the specified entrances to the yield intersectionsdesignated as such from time to time and shall be located as near as practical to the property line of the highway at the entrance at which the yield must be made, or at the nearest line of the crosswalk thereat, or, if none, at the nearest line of the roadway. (Ord. No. 33-49, §§ 12.9, 12.10, 9-6-49 ; Ord. No. 45-59, § 1, 9-8-59) State law reference—Similar provisions, I.C.A. § 321.322. Sec. 25-213. Entering street from private roadway. (a) The driver of a vehicle emerging from a private road- way, alley, driveway or building shall stop such vehicle im- mediately prior to driving on the sidewalk area and thereafter he shall proceed into the sidewalk area only when he can do so without danger to pedestrian traffic, and he shall yield the right-of-way to any vehicular traffic on the street into which his vehicle is entering. (b) The driver of a vehicle about to enter or cross a high- way from a private road or driveway shall stop such vehicle immediately prior to driving on such highway and shall yield the right-of-way to all vehicles approaching on such highway. (Ord. No. 33-49, § 12.6, 9-6-49) State law reference—Similar provisions, I.C.A. § 321.353. Sec. 25-214. Operation on approach of emergency vehicles. (a) Upon the immediate approach of an authorized emer- gency vehicle with any lamp or device displaying a red light or flashing red light from directly in front thereof, or when the driver is giving audible signal by siren, exhaust whistle, or Supp. No. 2 1590.5 § 25-214 DUBUQUE CODE § 25-220 bell, the driver of every other vehicle shall yield the right-of- way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the street clear of any intersections and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer. (b) This section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway. (Ord. No. 33-49, § 12.7, 9-6-49) Cross reference—Ambulances, Ch. 18, Art. II. State law reference—Similar provisions, I.C.A. § 321.324. Secs. 25-215-25-219. Reserved. DIVISION 4. SPEED Sec. 25-220. Limits generally. (a) Any person driving a motor vehicle on any street of this city shall drive the same at a careful and prudent speed not greater than or less than is reasonable and proper, having due regard to the traffic surface and width of the streets and of any other conditions then existing, and no person shall drive any vehicle at a speed greater than will permit such person to bring it to a stop within the assured clear distance ahead, such driver having the right to assume, however, that all persons using such streets will observe the law. (b) The following shall be lawful speed except as otherwise provided in subsection (c) of this section or elsewhere in this Code or other ordinance of the city, and any speed in excess thereof shall be unlawful. (-1) Twenty (20) miles per hour in any business district. (2) Twenty-five (25) miles per hour in any residence or school districts. (3) Forty (40) miles per hour for any motor vehicle draw- ing another vehicle in any district or on any street Supp. No. 2 1590.6 § 25-326 MOTOR VEHICLES AND TRAFFIC § 25-326 PARKING METER DISTRICT B Second Street, both sides, between Main and Locust Streets. Third Street, north side, between Iowa and Main Streets. Third Street, both sides, between Main and Locust Streets. Fourth Street, south side, between Central Avenue and Lo- cust Street. (Ord. No. 66-77, § 1, 9-19-77) Fourth Street, both sides, between White Street and Cen- tral Avenue. (Ord. No. 66-77, § 1, 9-19-77) Fifth Street, south side, between Central Avenue and Locust Street. Eighth Street, north side, between Bluff Street and Uni- versity Avenue. Eighth Street, south side, from Bluff Street west fora distance of approximately three hundred (300) feet. Tenth Street, north side, between Central Avenue and Iowa Street. Eleventh Street, both sides, between Central Avenue and Bluff Street. Twelfth Street, north side, between Central Avenue and Iowa Street. Twelfth Street, south side, between Iowa and Main Streets. Thirteenth Street, both sides, between Iowa and Main Streets. Sixteenth Street, both sides, one-half (1/2) block east and west of Central Avenue. Seventeenth Street, south side, one-half (1/2) block east and west of Central Avenue. Eighteenth Street, south side, one-half (1/2) ,block east of Central Avenue. Bluff Street, east side, between Fifth and Sixth Streets. Bluff Street, both sides, between Sixth and Seventh Streets. Supp. No. 2 161.2.1: § 25-326 DUBUQUE CODE § 25-326 Bluff Street, both sides, between Tenth and Eleventh Streets. Iowa Street, west side, between Fourth and Ninth Streets. (Ord. No. 64-77, § 1, 9-19-77) Iowa Street, west side, between Thirteenth Street and Loras Boulevard. Iowa Street, both sides, between Third and Fourth Streets. Iowa Street, both sides, between Tenth and Eleventh Streets. Iowa Street, both sides, between Twelfth and Thirteenth Streets. Locust Street, west side, between Fourth and Fifth Streets. Locust Street, both sides, between First and Second Streets. Locust Street, both sides, between Third and Fourth Streets. Locust Street, both sides, between Tenth and Twelfth Streets. Main Street, east side, from West First Street south for a distance of three hundred and sixty (360) feet. Main Street, west side, from West First Street south for adistance of two hundred and ten (210) feet. Main Street, both sides, between Fourth and Fifth Streets. Main Street, both sides, between Eleventh and Thirteenth Streets. PARKING METER DISTRICT C Second Street, both sides, between Iowa and Main Streets. Third Street, south side, between Iowa and Main Streets. Fourth Street, north side, from Iowa Street to Locust Street. (Ord. No. 65-77, § 1, 9-19-77) Fourth Street, both sides, from Locust Street to Bluff Street. (Ord. No. 65-77, § 1, 9-19-77) Supp: No. 2 1'612.2 § 25-326 MOTOR VEHICLES AND TRAFFIC § 25-326 Fifth Street, south side, between Central Avenue and Iowa Street. (Ord. No. 62-77, § 1, 9-19-77) Fifth Street, both sides, between Central Avenue and White Street. FifthStreet, both sides, between Iowa and Bluff Streets. (Ord. No. 62-77, § 1, 9-19-77) Sixth Street, both sides, between Central Avenue and White Street. Seventh Street, both sides, between Central Avenue and White Street. Eighth Street, south side, from a point three hundred (300) feet westerly of Bluff Street to University Ave- nue. Eighth Street, both sides, between Central Avenue and White Street. Ninth Street, both sides, between Central Avenue and White Street. Tenth Street, both sides, between Central Avenue and White Street. Eleventh Street, both sides, between Central Avenue and White Street. Twelfth Street, both sides, between Main and Bluff Streets. Thirteenth Street, both sides, between Central Avenue and White Street. Thirteenth Street, both sides, between Main and Locust Streets. Fifteenth Street, West, both sides, one-half (V2) block west of Central Avenue. Fifteenth Street, East, north side, one-half (1/2) block east of Central Avenue. Fifteenth Street, East, south side, from Central Avenue to White Street. Supp. No. 2 1612.3 § 25-326 DUBUQUE CODE § 25=327 Bluff Street, both sides, between Fourth and Fifth Streets. Bluff Street, both sides, between Eleventh and Twelfth Streets. Central Avenue, both sides, between Third and Fourth Streets. Iowa Street, both sides, between Second and Third Streets. Locust Street, both sides, between Twelfth Street and Loras Boulevard. Main Street, both sides, between Thirteenth Street and Loras Boulevard. White Street, west side, between Eleventh and Thirteenth Streets. White Street, west side, between East Fourteenth and East Fifteenth Streets. (Ord. No. 37-65, § 6, 10-4-65; Ord. No. 16-73, § 1, 4-2-73; Ord. No. 16-77, § 1, 4-4-77 ; Ord. No. 62-77, § 1, 9-19-77; Ord. No. 64-77, § 1, 9-19-77; Ord. No. 65-77, ,§ 1, 9-19-77; Ord. No. 66-77, § 1, 9-19-77) Editor's note—The street schedules for parking meter districts set forth in § 25-326 are derived from Ord. No. 16-77, § 1, adopted April 4, 1977, as amended from time to time. Subsequent ordinances amending said street schedules by adding or revising the provisions thereof are indi- cated in the history note following the provisions added or revised. A complete history note for § 25-326 appears at the end of the section. Sec. 25-327. Fee schedule. Subject to the limitations provided in this division, parking meters, when installed and properly operated, shall show legal parking upon and after deposit of United States coin in accordance with the following schedule: (1) In parking meter district A such meters shall show legal parking for fifteen (15) minutes upon deposit of each five -cent ($0.05) coin or thirty (30) minutes upon: deposit of one ten -cent ($0.10) coin, but not more than a total of sixty (60) minutes at any one time. Supp. No. 2 1612.4 § 25-327 MOTOR VEHICLES AND TRAFFIC § 25-328 (2) In parking meter district B such meters shall show legal parking for twenty (20) minutes upon deposit of each five -cent ($0.05) coin or forty (40) minutes upon the deposit of one ten -cent ($0.10) coin or one hour and forty (40) minutes upon the deposit of one twenty- five -cent ($0.25) coin, but not more than a total of one hundred and twenty (120) minutes at any one time. (3) In parking meter district C such meters shall show legal parking for thirty (30) minutes upon the deposit of each five -cent ($0.05) coin, or sixty (60) minutes upon the deposit of each ten -cent ($0.10) coin, or two (2) hours and thirty (30) minutes upon the deposit of each twenty-five cent ($0.25) coin, but not more than a total of ten (10) hours at any one time. (Ord. No. 37-65, § 7, 10-4-65 ; Ord. No. 16-73, § 1, 4-2-73 ; Ord. No. 29-77, § 1, 5-2-77) Sec. 25-328. Maximum parking times. Between the hours and on the days stated in section 25-325, regardless of whether the parking meter shows legal parking, no vehicle shall be parked in a parking meter space at any one time for longer than the following periods of time, within the following parking meter districts : (1) District A, not longer than one hour. (2) District B, not longer than two (2) hours. (3) District C, not longer than ten (10) hours. (Ord. No. 37-65, § 8, 10-4-65; Ord. No. 16-73, § 1, 4-2-73) Supp. No. 2 1612.5 § 1-101 AP'P'ENDIX A, --ZONING § 1-101 ing Commission and subsequent action of the City Council have been met; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: ARTICLE I. ESTABLISHMENT OF DISTRICTS; PROVISIONS FOR OFFICIAL ZONING MAP AND INTERPRETATION AND AMENDMENT THEREOF Section 1-101 Establishment of districts To effectuate the purposes of this Ordinance, the following districts are hereby established : 1-101.1 Residential Districts 1. R-1. Residential District 2. R-2 Residential District 3. R-3 Residential District 4. R-4 Residential District 5. R-5 Residential District 1-101.2 Office Districts 1. OR -1. Office -Residential District 2. [reserved for future use] 1-101.3 Special Purpose Districts 1. PUD Planned Unit Development District 2. I -D Institutional District 3. [reserved for future use] 1-101.4 Commercial Districts 1. C-1 Neighborhood Commercial District 2. C-2 Local Service Commercial District 3. C-3 Arterial Business Commercial District 4. C-4 General Commercial District 2471 § 1-101 DUBUQUE CODE § 1-102 5. C-5 Central Business District 6. C-6 Planned Commercial District 1-101.5 Industrial Districts 1. L -I Light Industrial District 2. H -I Heavy Industrial District 3. [reserved for future use] Section 1-102 'Official zoning map 1-102.1 Adoption of Official Zoning Map The City is hereby divided into districts as shown on the Official Zoning Map, which together with all ex- planatory matter thereon, is hereby adopted by ref- erence and declared to be a part of this ordinance. 1-102.2 Identification and Location of Official Zoning Map The Official Zoning Map shall be identified by the signature of the Mayor, attested by the City Clerk, and bearing the seal of the City of Dubuque, Iowa, under the following words : "This is to certify that this is the Official Zoning Map referred to in Article I of Ordinance No. 32-75 of the City of Dubuque, Iowa" together with the date of adoption of this ordinance. Such Official Zoning Map shall be located in the office of the Zoning Administrator. 1-102.3 Amendment of Official Zoning Map If, in accordance with the provisions of this ordinance and Chapter 414, Code of Iowa 1975, changes are made in district boundaries or other matter portrayed on the Official Zoning Map, such changes shall be en- tered on the Official Zoning Map promptly after the amendment has been approved by the City Council, with an entry on the Official Zoning Map as follows: "On (date), by official action of the City Council, the following changes were made in the Official Zoning Map: (brief description of change)," which entry shall 2472 §:3-1;03 APPENDIX A=ZONING § 3408 3-103.4. Lot Size Requirements Except as may be otherwise specifically provided in this ordinance: 1) No building, structure, or part thereof, shall here- after be built, moved or remodeled, and no build- ing,structure or land shall hereafter be used, oc- cupied or arranged or designed for use or occu- pancy of a zoning 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. No existing building or structure shall hereafter be remodeled so as to conflict, or further conflict, with the lot area per dwelling unit requirements for the zoning district in which the structure is located. 3-103.5 Bulk Regulations This ordinance expresses bulk regulations in terms of maximum building or structure height, maximum lot coverage, maximum floor area ratio, minimum set- backs, and minimum front, side and rear yards. 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: 1) So as to exceed the maximum building or structure height, maximum lot coverage percentage,' or maxi- mum floor area ratio specified for the zoning dis- trict in which the building or structure is located; or, So as to provide any setback or front, side, rear or transitional yard that is less than that specified forthe zoning district in which such building, structure or use of land is located or maintained. 2485 § 3-10a :DUBUQUE CODE § 3-104 3-103.6 Off -Street Parking and Loading No structure shall hereafter be . built or moved, and no structure or land shall hereafter be .used,. occupied or designed for use or occupancy unless the minimum off-street parking and off-street loading spaces re- quired by the provisions of this ordinance are pro- vided. No structure or use already established on. the effective date of tliis ordinance shall be enlarged, ex- panded or increased in use unless the minimum off- street parking and loading spaces which would be re- quired by the provisions `of this ordinance for such en- largement, expansion or. increase in use are provided. 3-103.7 Exemptions From the Regulations of This Ordi- nance, The following structures or uses are exempt from the regulations of this ordinance and shall be permitted in any district, 1) Poles, wires, . cables, conduits,' vaults, laterals, pipes, mains, valves, or any other similar equip- ment for transmission or distribution to customers of telephone or other communication services, elec- tricity, gas, steam or water, or the collection of sewage or surface water, operated or maintained by a public utility. Railroad tracks, signals, bridges and similar facili- ties and equipment located on a railroad ,right-of- way. Section 3-104 Limitations on the number of buildings, struc- tures, and uses on a zoning lot 3-104.1 Residential or Office Residential Districts Within any residential or office -residential district, not more than one (1) residential or office -residential building or other principal permitted use shall be lo- cated on a single zoning lot. In addition, no residential building :shall be located' on the same zoning lot with 2486 §;3-104 APPENDIX A—ZONING §, 3-105 any other use except permitted accessory uses. The pro- visions of this section shall not apply to any Planned Unit. Development (PUD) District, or to lots for which all yard, area, and other requirements of this ordinance are provided for each structure housing a principal permitted use as though such structure were located on an individual lot. 3-104.2 Non -Residential Districts In any district other than a residential or office -resi- dential district, any number of buildings, structures, or uses permitted by this ordinance may be established, constructed, or maintained on a single zoning lot, ex- cept that for any building used primarily for resi- dential purposes and located within a commercial or industrial district, the provisions of Section 3-104.1 shall apply. Section 3-105 Restrictions governing the allocation and dis- position of required yards and open space 3-105.1 All Required Yards To Be Open, Unoccupied Space All yards required by this ordinance shall be provided as open, unoccupied spaces extending from the natural ground level to the sky with no obstructions whatever except those permitted by Section 3-105.2. 3-105:2 Permitted Obstructions in Required Yards The following obstructions and no others may be per- mitted in a required yard : 1) Obstructions Permitted in All Yards: Awnings, shutters, and canopies ; chimneys projecting no more than twenty-four (24) inches into a required yard; • arbors and trellises; flag poles ; steps neces- sary for access to a building or lot from an ad- joining street or alley ; unroofed, open terraces not more than four (4) feet above the average grade :of adjoining ground ; fences, walls or hedges as provided in Section 3-1.05.3 vegetation. 2487 §'3-105 DUBUQUE CODE § 3405 Obstructions Permitted in Front Yards: Bay win- dows, oriels, or balconies projecting not more than five (5) feet into the required yard; overhanging eaves and gutters projecting not more than three (3) feet into the required yard; off-street parking of not more than two (2) vehicles, except as limited by Section 5-101.4. 3) Obstructions Permitted in Rear Yards: Accessory uses, buildings or structures as permitted by Sec- tion 5-101 of this ordinance; enclosed, attached or detached off-street parking spaces ; balconies, breezeways, and open, unroofed porches or ter- races; bay windows projecting not more than five (5) feet into the yard; overhanging eaves or gut- ters projecting not more than three (3) feet into the yard. 4) Obstructions Permitted in Side Yards: Overhang- ing eaves and gutters projecting not more than two (2) feet into the yard; open off-street parking, ex- cept as limited by Section 5-101.4. 3-105.3 Fences, Walls and Hedges A fence, wall, hedge or shrubbery not exceeding six (6) feet in height above the ground level may be erected or maintained upon any zoning lot, subject to the limita- tions .of Section 5-102.2, except that no fence, wall or hedge located within a front yard may exceed three (3) feet in height above the ground level. 3-105.4 Continuing Obligation of Property Owner To Main- tain Required Yards, Open Spaces, Lot Area, and Off -Street Parking Spaces The maintenance of any yard, open space, minimum lot area, or off-street parking space required by this ordi- nance shall be a continuing obligation of the owner of the property to which such requirements apply. No yard, open space, lot area, or off-street parking area required by this ordinance for any building, struc- 2:488 § 3405 APPENDIX A -ZONING § 4402 ture, or use shall, by virtue of change of ownership or any other reason be used to satisfy any yard, open space, lot area, or off-street parking area required for any other building, structure, or use, except as may be otherwise specifically provided herein. In addi- tion, no yard or lot existing at the effective date of this ordinance shall be reduced in dimension or area below the minimum requirements set forth herein for the district in which such yard or lot is located. Section 3-106 All lots and buildings to front on a public or approved private street All lots created after the effective date of this ordinance shall front upon a public street or an approved private street, and no building shall be hereafter erected or constructed ex- cept upon such a lot. ARTICLE IV. DISTRICT REGULATIONS Section 4-101 Application of district regulations Regulations for each district established by this ordinance shall be as set forth in this Article and in Article V of this ordinance entitled "Supplementary District Regulations". Section 4-102 AG—Agricultural district regulations 4-102.1 General Statement of Intent The AG Agricultural District is intended to conserve prime farm land for agricultural purposes and to serve as a "holding" zone to prevent the premature development of recently -annexed land areas for which themost appropriate future use has not yet been de- termined. In order to promote these purposes, the regulations for this district allow a very limited range of uses so that the present development character of the land may be maintained and future development options preserved pending comprehensive study and analysis of the area. 2489 § 4-102 DUBUQUE, CODE § 4-103 4.102.2 Principal Permitted Uses. 1) Agricultural use, including the raising of field crops and livestock, horticulture, forestry, animal husbandry, and similar farming activities. 2) Public or private parks, golf courses, or similar natural recreation areas. 3) All buildings, structures, or uses owned or operated by the City of Dubuque. 4) Railroads and public or quasi -public utility .sub- stations. 4-102.3 Permitted Accessory Uses and Structures Uses customarily incident to and on the same lot with any of the principal permitted uses enumerated in 4-102.2 of this Section, except uses specifically pro- hibited by 4-102.5 of this Section. A single family dwelling is a permissible accessory use, but only on a lot of 10 acres or more devoted primarily to agricul- tural use. 4-102.4 Conditional Uses None permitted in this District. 4-102.5 Prohibited Uses No commercial use of any type shall be permitted in the AG District except the sale of agricultural products grown on the premises. Section 4-103 General statement of intent for residential dis- tricts The residential districts and regulations provided for by this ordinance are intended to offer a variety of housing types and living environments meeting the needs and desires of present and future residents of the City. The residential dis- trict regulations are also intended to promote and protect to the greatest degree possible the qualities of tranquility, pri- vacy, stability, attractiveness, and spaciousness which are traditionally associated with the most desirable residential en - 2490 § 4-103 APPENDIX A -ZONING § 4-104 vironments. Only those uses deemed fully compatible with and supportive of these purposes are allowed by right in the residential districts. Certain other uses which are deemed generally compatible with the residential goals and which depend upon a residential atmosphere for their optimum performance may be allowed as conditional uses upon .a show- ing that proper conditions are met to reduce any potentially adverseimpacts of such uses upon the district or neighborhood concerned. It is further the express intent of this ordinance that no residential district should be considered inherently inferior or superior to another, but that each residential dis- trict should be judged equally in light of its particular pur- pose and the purposes of this ordinance. Section 4-104 R -1 -Residential district regulations 4404.1 General Statement of Intent The R-1 Residential District is intended to provide for homogeneous single-family residential neighborhoods particularly conducive to family life and associated leisure activities. It is contemplated that this designa- tion will be applied to both existing residential neigh- borhoods which have been developed in substantial con- formance with the regulations for this district and un- developed areas in the City which are deemed suitable for such development. It is further intended that the R-1 classification should generally be applied only to contiguous and discrete residential neighborhoods which are unpenetrated by arterial streets. When super- imposed with the PUD District designation, a higher range and intensity of uses may be permitted in the R-1 District than is otherwise permitted under this Section. The PUD District provisions and regulations may be superimposed upon the R-1 District in accord- ance with Section 4=110 of this Article, entitled "PUD District Regulations." 4-104.2 Principal Permitted Uses In. the R-1 Residential District no building, structure or landshall be used and no building or structure shall 2491 § 4404 DUBUQUE CODE § 4-104 be built or altered to be used in whole or in part, un- less otherwise specifically provided by this ordinance, except for the following purposes 1) Single family dwelling 2) Public Schools 3) Private and parochial schools for grades kinder- garten through the 12th grade, but only when ap- proved by and meeting all applicable standards, regulations and rules of the Iowa State Board of Public Instruction. 4) Farms, gardens, nurseries, and greenhouses. 5) Public or private parks, . golf courses, or similar natural recreation areas. 6) Churches, convents, and monasteries. 7) Nursery schools or day-care centers operated in a single-family dwelling by the owner or permanent occupant thereof and caring for or instructing no more than five (5) children on the premises at any time. Railroads and public or quasi -public utility sub- stations. 4-104.3 Accessory Uses and Buildings Accessory uses and buildings are permitted in the R-1 Residential District in accordance with the provisions and regulations of Article V of this ordinance entitled "Supplementary District Regulations". 4404.4 Conditional Uses The following Conditional Uses are permitted in the R-1 Residential District, but only in accordance with the provisions of Article VI of this ordinance govern- ing the issuance of Conditional Use Permits: 1) Nursery schools or day-care centers not meeting the requirements of Section 4-104.2, provided that '2492 § 4-104 APPENDIX A—ZONING § 4-104 such facilities shall provide not less than 50 square feet of indoor floor area (not including halls or bathrooms) and not less than 100 square feet of outdoor recreation space for each child. In addition, such facilities shall supply adequate off-street parking or other suitable plan for the loading and unloading of children so as to not obstruct public streets or create other traffic or safety hazards. 2) Nursing or convalescent homes. 3) Group homes on lots of no less than 1500 square feet per resident, provided that off-street parking is adequate to the expected need for such parking. 4) Off-street parking on lots not reasonably adapt- able for other uses permitted in the district, pro- vided that adequate screening is present and that a Site Plan is approved for any permanent im- provements, as provided in Section 5-103 of this ordinance. 5) Cemeteries, mausoleums, columbariums and chap- els. (Ord. No. 5-76, § 1, 2-23-76) 4-104.5 Prohibited Uses Excepting those uses which are otherwise specifically permitted by Section 4-104.2 (7), Section 4-104.4, or Article V of this ordinance entitled "Supplementary District Regulations", the following uses are prohibited in the R-1 Residential District: 1) Commercial use as defined in this ordinance. 4-104.6 Schedule of District Regulations Adopted Additional regulations for the R-1 Residential District shall be as set forth in the R-1 Schedule of District Regulations, hereby adopted by reference and declared to be a part of this ordinance, and in Article V of this ordinance, entitled "Supplementary District Regula- tions." Supp. No. 1 2493 § 4-109 APPENDIX A—ZONING § 4-109 with the provisions of Article VI of this ordinance governing the issuance of Conditional Use Permits : 1) Group homes 2) Private clubs 3) Specialty shops for gift items, handcrafts and clothing, antique shops, floral shops and art gal- leries in structures or areas which have been des- ignated by the Dubuque City Council as histori- cally or architecturally significant, after public hearing and consultation with appropriate author- ities and civic groups. Conditional Use Permits for such uses may be granted by the Board of Adjust- ment only on finding that the proposed use, type of merchandise to be sold, the number of persons or employees on the premises and other operational aspects of the proposal are compatible with the in- tended historical or architectual character of the area, and that business hours shall be limited to the hours between 9 a.m. and 9 p.m. (Ord. No. 1-77, § 1, 2-7-77) 4-109.5 Prohibited Uses The following uses are expressly prohibited in the OR -1 Office -Residential District: 1) Commercial uses as defined in this ordinance, ex- cept those uses specifically permitted by Section 4-109.2, Section 4-109.4, or Article V of this ordi- nance, entitled "Supplementary District Regula- tions". 2) (Reserved for future use). 4-109.6 Schedule of District Regulations Adopted Additional regulations for the 'OR -1 Office -Residential District shall be as set forth in the OR -1 Schedule of District Regulations, hereby adopted by reference and declared to be a part of this ordinance, and in Article V of this ordinance, entitled "Supplementary District Regulations". Supp. No. 2 2515 § 4410 APPENDIX A—ZONING § 4410 2) Duplexes 3) Townhouses of no more than four (4) dwelling units 4) Multiple family dwellings containing no more than four (4) dwelling units 4-110.4.3 R-3 Planned Unit Development: 1) Single family dwellings 2) Duplexes 3) Townhouses of no more than six (6) dwelling units 4) Multiple family dwellings containing no more than eight (8) dwelling units 4-110.4.4 R-4 Planned Unit Development: 1) Duplexes 2) Townhouses 3) Multiple family dwellings containing no more than twenty (20) dwelling units 4) Mobile homes 4-110.4.5 R-5 Planned Unit Development: 1) Multiple family dwellings 4-110,4.6 OR -1 Planned Unit Development: 1) Multiple family dwellings 2) Professional office uses 4-110.4.7 C-6 Planned Unit Development: 1) Any use permitted in the C-6 Planned Commercial District Section 4-110.5 Accessory Uses Permitted accessory uses, buildings and structures for the principal uses allowed by Section 4-110.4 shall be 2523 §§ 4-110 , DUBUQUE CODE § ,4-1.10 the same as those accessory uses, buildings and struc- tures allowed in conjunction with such principaluse by the applicable accessory use provisions of Article V of this ordinance, entitled "Supplementary District Regu- lations". Section 4-110.6 Conditional Uses No Conditional Uses are allowed in districts affixed with the Planned Unit Development designation, ex- cept that in an OR 1 -Planned Unit Development, the Board of, Adjustment may permit up to 10% of the floor' area of any principal building to be devoted to candy, magazine, or cigar stands; gift shops; flower shops; restaurants; or similar low -intensity commercial uses which the Board finds are customarily incident to office uses and which will primarily serve the con- venience of residents of the district. Section 4-110.7 Required Procedures for Planned Unit De- velopment District Designation 4-110.7.1 Application Procedure + for Planned Unit De- velopment Designation Who May Apply: An application for the Planned Unit Development District designation may be filed by any person having a legal or equitable owner- ship interest in the parcel for which the Planned Unit Development designation is sought. Joint application also may be made for the Planned Unit Development designation by the owners of adjoin- ing parcels of land. However, no Final Develop- ment Plan for a Planned Unit Development shall be approved by the City Council unless and until all the property included within the plan is shown to be held in single ownership or joint tenancy with right of survivorship. Pre -Application Conference Required: Prior to submission of a formal application for a Planned Unit Development designation, the applicant must =2524 §_ 4-11f) 4-110.10.3 Specific Planned Unit Development Standards 0 C\1 0 APPENDIX A -ZONING NOT APPLICABLE w Lokesialo 1111 oZ r cd 1.0 uv N 0 z ca o a> w o<0 ro o ca.i a w cla gEl 0 0 A 25,36 (1)-d CP 0, 0 0 CI E P,, 00 4-110 .a O 0 o� o � a>0cd • OA o�g °o 0orcj E a UNDERLYING ZONE R 1: R -Z . R -3 R-4 R-5 OR -1 Maximum Permitted Building Height (in feet) 25 -. -. 25 30 40 50 - 60 Res. 1.5 Minimum Number of Off -Street per D.U. Parking Spaces Required Per 2.0 2.0 1.5 1.5 1.5 Ofc. 1/400 Dwelling Unit sq. ft. floor area Dup.—Duplex w Apt. —Apartment SF —Single . Family TH —Townhouse aaoo annana § 4-11Q APPE'N'DIX A—ZONING §'441Q 4-110.12.5 Commission Action on. the Final Develop- ment Plan 4-110.12.5.1 Approval, Conditional Approval, or Disapproval With due diligence following submission of the completed application for Ficial Development Plan review, the Commission shall act to ap- prove, conditionally approve, or disapprove the Final Development Plan. The Commission shall approve the Final Development Plan whenever it determines that such plan is in conformance with the standards of Section 4-110.12.4. The Commission may in addition impose such additional conditions, limitations or requirements upon its approval of the Final Development Plan as it reasonably, considers necessary to insure full compliance with the standards of Section 4-110:12.4 and to ef- fectuate the purposes of the Planned Unit De- velopment District; The Commission shall dis- approve the Final Development Plan whenever it determines, that the plan as presented does not conform to the standards of Section 4410.- 12.4: The Commission shall transmit written notice of the action taken in regard to the Final Development Plan, to the applicant and to the City Council, specifying the conditions, limitations, . or requirements imposed upon its approval, if any, or the specific grounds for disapproval, if any. 4-110.12.5.2 Bonding Requirement As a condition to approval of any Final De- velopment Plan, the Commission with Council approval may require that the applicant fur- nish sufficient bond or other appropriate se- curity to insure 2543 4-110 DUBUQUE CODE § 4-110 1) the proper and timely installation and maintenance of all necessary improve- ments to be made on the property; or substantial compliance with the construc- tion schedule set forth in the Final De- velopment Plan ; or substantial compliance with the landscap- ing and planting schedule set forth in the Final Development Plan; or compliance with any other material pro- gram or aspect of the Final Development Plan which the Commission regards as in- dispensable to maintenance of the nature and character of the Planned Unit De- velopment. 4-110.12.5.3 Effect of Commission Action Approval or Conditional Approval: The effect of approval or conditional approval by the Commission of the Final Development Plan shall be to authorize theissuance of a building permit for the construction - of the Planned Unit Development in conformance to the Final Development Plan and . subject to any condi- tions, limitations or requirements attached thereto. Disapproval: If the Final Development Plan is disapproved by the Commission, no building permit may be issued for the property. The applicant may, however, within the three (3) months immediately following such dis- approval resubmit without prejudice an amended Final Development Plan for the pro- posed Planned Unit Development for consid- eration by : the Commission. If no amended Final Development Plan for the property is submitted within such three (3) month period, 2544 §4-110 APPENDIX A -ZONING § 4-11O which may be extended by the Commission for up to two (2) additional months upon a show- ing of good cause, approval of the Preliminary Development Plan and the tentative zoning re- classification of the property shall automati- cally lapse, and the property shall automati- cally revert to the zoning classification in effect prior to Council approval of the Pre- liminary Development Plan. 4-110.12.6 Substantial Conformance to Final Develop- ment Plan Required No construction may take place on the property for which a Final Development Plan has been ap- proved except in substantial conformance with the provisions of such plan and in conformance with all conditions, limitations or requirements attached thereto pursuant to the provisions of Section 4-110.12.5. Upon receiving the advice and recommendation of the City Development Planner, the Zoning Administrator may authorize minor changes in the location, siting, orexternal appear- ance of buildings, structures or improvements within the Planned Unit Development where such minor changes are necessary due to conditions not known at the time of Final Development Plan ap- proval. Such minor changes may not, however, permit violations of any of the provisions or stand- ards of the Planned Unit Development District or involve changes in the major functional or design elements of the Planned Unit Development. Changes or variations from the Final Development Plan other than minor changes as defined above may only be made by re -submission of an amended Final Development Plan and approval by the Com- mission. Time Limitation on Construction of the Planned Unit Development: Approval of a Final, Develop- ment Plan shall only be valid for a period of six 2545 § 4-110 DUBUQUE CODE § 4-112 (6) months, which period of validity may be ex- tended by the Commission for not more than six (6) additional months upon a showing of good cause. If construction of the Planned Unit De- velopment has not commenced within such period of validity, approval of the Final Development Plan and tentative reclassification of the property shall lapse, and the property shall automatically revert to the zoning classification it had prior to approval of the Preliminary Development Plan. Section 4-111 [Reserved for future addendum] Section 4-112 C-1 Commercial district regulations 4-112.1 General Statement of Intent The C-1 Commercial District is intended to provide for small clusters of commercial establishments pri- marily serving the daily needs of nearby residents. Commercial uses which by virtue of their size or type of service would tend to attract customers from a broader area than the local neighborhood are not per- mitted in this district. To assure proper vehicular access and avoid the pene- tration of residential areas by uses which may adverse- ly affect the residential environment, new C-1 Commer- cial Districts will generally be established only along largercollector streets or arterialstreets bordering dis- crete residential neighborhoods. In older areas of the City developed prior to the existence of zoning regula- tions, the C-1 Commercial District may be located with- in discrete residential neighborhoods, particularly in locations where a long history of commercial use and continued commercial viability is present. However, in both older and newer areas of the City, zoning policy will be directed towards gradually encouraging the centralization and functional coalescence of businesses within this district and discouraging the scattering throughout residential neighborhoods of C-1 Districts to accommodate a single use. 2546 § 4-112 APPENDIX A—ZONING § 4-112 4-112.2 Principal Permitted Uses In the C-1 Commercial District, no building, structure or land shall be used and no building or structure shall be built or altered to be used in whole or in part, un- less otherwise specifically provided by this ordinance, except for the following purposes: 1) Flower, nursery, or garden stores 2) Food stores 3) Barber shops and beauty shops 4) Drug stores, health care supply and similar retail convenience goods stores 5) Hardware stores 6) Parking lots containing spaces for not more than thirty (30) vehicles 7) Laundry or dry cleaning establishments 8) Bakeries not exceeding 3000 square feet in floor area 9) Repair shops for television, radio, or home ap- pliance repair. (Ord. No. 6-76, § 1, 2-23-76) 4-112.3 Accessory Uses and Structures Accessory uses and structures shall be permitted in the C-1 Commercial District only in accordance with the provisions and regulations of Article V of this ordi- nance, entitled "Supplementary District Regulations". 4-112.4 Conditional Uses The following Conditional Uses are permitted in the C-1 Commercial District, but only in accordance with the provisions of Article VI of this ordinance governing the issuance of Conditional Use Permits: 1) Taverns or bars 2) Indoor restaurants 3) Gas stations Supp. No. 1 2547 §. 4-112 DUBUQUE CODE § 4-112 4-112.5 Schedule of District Regulations Adopted Additional regulations for the C-1 Commercial District shall be as set forth in the C-1 Schedule of District Regulations, hereby adopted by reference and declared to be a part of this ordinance, and in Article V of this ordinance, entitled "Supplementary District Regula- tions". Supp. No. 1 2548 § 4-118 APPENDIX A—ZONING § 4-118 2) As an accessory use to a medical institution, and located entirely within a principal building, facili- ties for the compounding, dispensing, or sale of drugs or medicines, prosthetic devices, lotions and preparations, dental care supplies, eyewear, band- ages or dressings, and similar medical or health- related supplies. 3) As an accessory use to an educational institution and located entirely within a principal building, bookstores, or bars seating not more than seventy- five (75) persons at one time and located not closer than two hundred feet (200') from the nearest residential or office-residential district. 4) Cemeteries, mausoleums, columbariums and chap- els. No Conditional Use Permit for the Conditional Uses allowed by this Section shall be granted unless the Board of Adjustment finds that: 1) The proposed use is reasonably necessary for the benefit and convenience of institutional residents, affiliates, or temporary visitors, and will be of a size, location, and operation that significant pa- tronage by the general public will not be en- couraged; and 2) No signs or advertisement of any kind which are visible from a public street shall be allowed. (Ord. No. 5-76, § 1, 2-23-76) 4-118.6 Special Provisions and Procedures Governing the Expansion of Institutional Districts and Uses 4-118.6.1 Statement of Intent It is 'the intent of this Section to require proper preliminary planning by the institution and ap- propriate governmental review as a pre-requisite to the expansion or creation of any ID Institutional District. The Council finds that "such preliminary planning is necessary to insure that as existing institutions expand in size or intensity of use, or 2569 Supp. No. 1 § 4-118 DUBUQUE CODE § 4-118 as new institutions are formed, the probable im- pacts. of such growth on the surrounding com- munity and the public welfare can be anticipated and evaluated in advance. Certain provisions and procedures of the PUD Planned Unit Development District considered appropriate to accomplish these goals are adopted or referred to in this Section, and should be read in pari materia with the provisions of this Sec- tion. 4-118.6.2 Application and Scope The provisions of this Section shall apply to the following activities or developments: 1) The proposed creation through reclassification of any new ID Institutional District or re- quested expansion in territory of any existing Institutional District. 2) Any expansion in the aggregate gross floor area for all uses contained within an ID In- stitutional District which would result in ag- gregate gross floor area for such district of more than ten percent (10% ) above that ag- gregate gross floor area for the district exist- ing at the effective date of this ordinance. 4-118.6.3 Prior Preliminary Development Plan Approv- al Required --Procedures None of the activities listed in 4-118.6.2 of this Section shall be permitted unless such activity is in substantial conformance with a Preliminary De- velopment Plan filed and approved not less than two (2) months before commencement of the ac- tivity. Such Preliminary Development Plan shall be prepared and submitted in conformance with all relevant requirements and procedures of Sec- tions 4-110.7 and 4-110.8 of this ordinance, which are hereby adopted by reference. The Commission and Council shall act on the Preliminary Develop - 2570 Supp. No. 1 § 4-118 APPENDIX A—ZONING § 4-118 ment Plan as provided in Section 4-110.11 of this ordinance, the relevant provisions of which are hereby adopted by reference, with the following exceptions 1) The Preliminary Development Plan shall be judged according to the review standards of 4-118.6.4 of this Section rather than the usual PUD standards. 2) Approval of the Preliminary Development Plan shall be valid for a period of three (3) years. 3) A new or amended Preliminary Development Plan may be filed without cost at any time following Council disapproval. 4-118.6.4 Special Review Standards for Institutional District Preliminary Development Plans The Planning and Zoning Commission shall not approve the Preliminary Development Plan re- quired by •4-118.6.3 unless and until the Com- mission determines that such plan conforms to each of the following standards : 1) The Preliminary Development Plan is in sub- stantial conformance with adopted Compre- hensive Plans to guide the future growth and development of Dubuque. Expansions contemplated by the Plan are justifiable and reasonable in light of the pro- jected needs of the institution and the public welfare. 3) . The proposed additions or expansions are de- signed so as to be functionally integrated with the existing institutional facilities, with due regard to the maintenance of safe, efficient, and convenient vehicularand pedestrian traf- fic. 2571 § 4418 DUBUQUE CODE § 4418 The proposed additions or expansions of use are permitted in the district and are of a loca- tion, size, and nature such that they are not likely to interfere with the .appropriate use and enjoyment of property in abutting dis- tricts. The Preliminary Development Plan will not violate any provision or requirement of this ordinance. 4-118.6.5 Final Development Plan Requirements and Procedures At anytime within the three (3) years following approval of a Preliminary Development Plan, the institution may file with the Commission a Final Development Plan for the proposed additions or expansions in accordance with the relevant provi- sions and requirements of Section 4-110.12 of the PUD Planned Unit Development District Regula- tions of this ordinance, hereby adopted by refer- ence. The Commission will judge the Final De- velopment Plan for its conformance with the ap- proved ` Preliminary Development Plan, according to the criteria of Section 4-110.12.4.2. If the Com- mission approved the Final Development Plan as being in substantial conformance with the ap- proved Preliminary Development Plan, issuance of building permits shall be permitted as provided in 4-110.12.5. In reviewing the Final Development Plan, the Commission shall not consider the stand- ards of 4-110.12.4.3 ` or 4-110.12.4.4 regarding maintenance of open space, common property, pri- vate streets, and useable open space, except where the Commission determines that application of such standards is necessary to preserve the intent of the Institutional District. Following approval of the Final Development Plan, no construction may take place except in substan- 2572 § 4:118: APPENDIX A -ZONING § 4-118; tial conformance with such Plan, as provided un- der Section 4-110.12.6. 4-118.7 Prohibition on Commencement of Use by Parties Unassociated With the Principal Institution Within an existing ID Institutional District, no use otherwise permitted for this district may be commenced by and person (s) except 1) The principal institution or its agent, or 2) A person under contractual or other legally -bind- ing obligation to provide services to such institu- tion (e.g., the independent operator of a student cafeteria) ; or 3) The person or persons operating a doctors' clinic or other facility permitted under 4-118.3 of this Section. The purpose of this provision is to prohibit within an ID Institutional District the commencement of uses unrelated to the promotion of the primary educational, charitable, religious, or medical purpose of the institu- tion, by requiring purchasers of institutional land and/ or buildings to seek appropriate reclassification of the property prior to commencement of any use on the premises. 4-118.8 Schedule of District Regulations Adopted Additional regulations for the ID Institutional District shall be as set forth in the ID Schedule' of District Regulations, hereby adopted by reference and declared to be a part of this ordinance, and in Article V of this ordinance, entitled "Supplementary District Regula- tions". 2573 § 4.118 DUBUQUE CODE § 4.118 PRINCIPAL PERMITTED USES , j1 6' plus 2' per story over the first 2574 7.408 APPENDIX A—ZONING § 8401 conformity with this ordinance at the effective date of its passage. Records of Certificates To Be Kept: The Zoning Ad- ministrator shall maintain complete and accurate roe- ords of all Certificates of Zoning Compliance issued, and a copy shall be furnished upon request to any per- son. Temporary Certificates: A temporary Certificate of Zoning Compliance may be issued by the Zoning Ad- ministrator for a period not exceeding six (6) months to permit alterations or partial occupancy of a build- ing, provided that such temporary Certificate shall in- clude such conditions, limitations or safeguards as will protect the safety of occupants and the public. ARTICLE VIM AMENDMENTS AND ZONING RECLASSIFICATION; PROCEDURES AND POLICIES Section 8-101 General statement of intent The Council recognizes that the public welfare may from time to time require changes to be made in the text of this ordinance or in district boundaries. The Council finds, how- ever, that the maintenance of the comprehensive plan for the City depends in large measure upon the uniform and con- tinuing application of the provisions of this ordinance, and particularly the general zoning policies set forth in the various statements of intent contained herein. For these reasons the Council declares it to be the express policy of this ordinance that textual amendments or reclassifications of property should only be undertaken after a careful consideration of the Public necessity therefor and the relationship of such pro- posed change to the comprehensive plan. The Council intends in its own deliberations to give most serious attention to the recommendations and advice of the Planning Commission in these matters. This Article sets forth the procedures and policies to be followed where changes to the ordinance or districts are pro 2629 § 8-101 DUBUQUE CODE § 8-102 posed. The public hearing, and notice requirements contained herein are intended to promote the involvement of all in- terested persons in the amendment process. However, where the notice and hearing requirements of this Article are in excess of that required by State law, such requirements are intended to be directory only and not mandatory or jurisdic- tional, and a failure to meet such extra procedural require- ments shall not invalidate any action subsequently taken by the Council or Commission. Section 8-102 Ordinance amendment procedure 8-102.1 Commission Action Any person may propose amendments to the provi- sions of this ordinance by delivery of two (2) copies of the proposed amendment to the Planning Depart- ment. Such proposals shall be considered in regular session by the Planning Commission, which shall dili- gently act to set the proposal for public hearing as pro- vided in Section 8-104. Following the public hearing, the Commission shall act to approve or disapprove the proposed amendment. The affirmative vote of at least five (5) Commission members shall be required toi con- stitute approval of the proposal, and any lesser number of affirmative votes shall be considered disapproval of the amendment. The Commission's recommendation shall be forthwith transmitted to Council for its action. A failure by the Commission to act within sixty (60) days following receipt of the proposed amendment shall constitute Commission approval thereof. 8-102.2 Council Action: Following receipt of the Commission's recommenda- tion or expiration of the sixty (60) day limit for Corn - mission action, the Council shall act to hold its own public hearing on the proposed amendment, at which all interested parties shall have an opportunity to be heard. At least fifteen (15) days notice of the time and place of such hearing shall be published in a newspaper of general circulation in the City. 2630 § 8-103 APPENDIX A—ZONING § 8-103 1) Any request which would result in the expansion in area of existing zoning district by more than twenty per cent (20%) ; or 2) Any request which would result in the creation of a new district which would not be contiguous to any other similarly -classified property; or 3) Any request involving the reclassification of more than two (2) acres of property; or 4) Any request for a Planned Unit Development Dis- trict designation, as provided in Section 4-110. (Ord. No. 22-76, § 1, 6-21-76) 8-103.4 Commission Action,. Following the public hearing, or if no hearing is held, then at any time following receipt of the reclassifica- tion request, the Commission may act to recommend approval or disapproval of the request. The affirmative vote of at least five (5) Commission members shall be required to constitute approval of a substantial zoning reclassification request as defined in Section 8-103.3, and any lesser number of affirmative votes shall con- stitutea disapproval of the request. A failure of the Commission to consider a zoning reclassification re- quest within 60 days following receipt of the request shall constitute Commission approval thereof. A recom- mendation of the Commission shall forthwith be trans- mitted to the City Council for its action. (Ord. No. 22-76, § 1, 6-21-76) 8-103.5 Council Action. Following receipt of any recommendation of the Com- mission, or on finding that the Commission has not con- sidered the request within the sixty (60) day limita- tion, the City Council may initiate final action on the request. A Commission recommendation for denial of a request may be approved by the Council without public hearing. If the Commission recommends ap- Supp. No. 1 2633 § 8-103 DUBUQUE CODE § 8-104 proval of a request, the City Council shall act to hold its own public hearing on the requested reclassifica- tion, at which all interested parties shall have an op- portunity to be heard. At least fifteen (15) days notice of the time and place of such hearing shall be pub- lished in the newspaper of general circulation in the City. Following the public hearing, the Council shall act to adopt or reject the reclassification request. In cases where the Commission has recommended this disap- proval of the reclassification, the affirmative vote of at least three-fourths (3/4) of the Council shall be re- quired to enact the reclassification. Furthermore, in case of a protest against the reclassi- fication request signed by the owners of twenty per cent (20%) or more either of the area of the lots in- cluded in such request, or of those immediately adja- cent in the rear thereof extending the depth of one lot or not to exceed two hundred feet (200') therefrom or of those directly opposite thereto, extending the depth of one lot or not to exceed two hundred feet (200') from the street frontage of such opposite lots, such re- quests shall not be enacted except by the favorable vote of at least three-fourths (3/4) of the Council. (Ord. No. 22-76, § 1, 6.21-76) Section 8-104 Hearing and notice procedures; reclassification postings 8-104.1 Notice of Commission Hearings In the case of all public hearings to be held by the Planning Commission, notice of the time and place of such hearing shall be published in a newspaper of gen- eral circulation in the City at least ten (10) days, but not more than twenty (20) days prior to the date of the hearing. 8-104.2 Conduct of Council or Commission Hearings At all public hearings held by the Planning Commis- sion or City Council, all interested persons shall have Supp. No. 1 2634 Art. XI APPENDIX A -ZONING Art. XI. 11. Minor motor adjustments not involving_ removal of the head or crankcase or racing the motor; 12. Sales of cold drinks, packaged foods, tobacco, and simi- lar convenience goods for gas station customers, as accessory and incidental to principal operation; 13. Provision of road maps and other informational ma- terial to customers ; provision of restroom facilities. Uses permissible at a gas station do not include major me- chanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition, or other work involving noise, glare, fumes, smoke, or other characteristics to an extent greater than normally found in gas stations. A gas station is not a repair garage or body shop. Group home — any group of persons not meeting the defi- nition of a family and occupying a single dwelling unit, but not including a boarding or rooming house. Home occupation — a business operated as an accessory use to a residential dwelling unit and subject to the pro- visions of Article V of this ordinance. Loading space, off-street — space logically and conveniently located for bulk pickups and deliveries, scaled to delivery ve- hicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Required off- street loading space is not to be included as off-street parking space in computation of required off-street parking space. Lot — for purposes of this ordinance, a lot is a parcel of land of at least sufficient size to meet minimum zoning re- quirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street, or on an approved private street, and may consist of 1. A single lot of record ; 2. A portion of a lot of record; 2643 Art. XI DUBUQUE CODE Art. XY. 3. A combination of complete lots of record, of complete lots of record and portions of lots of record, or of por- tions of lots of record; 4. A parcel of land described by metes and bounds; pro- vided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this ordinance. Lot frontage — the front of a lot shall be construed to be the portion nearest the street. For the purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under Yards in this Arti- cle. Lot measurements — 1. Depth of a lot shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear. 2. Width of a lot shall be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard, provided however that width between side lot lines at their foremost points (where they intersect withthe street line) shall not be less than 80 per cent of the required lot width except in the case of lots on the turning circle of culs-de-sac, where the 80 per cent requirement shall not apply. Lot of record — a lot which is part of a subdivision re- corded in the office of the County Recorder, or a lot or parcel described by metes and bounds, the description of which has. been so recorded. Lot types — the diagram below illustrates terminology used in this ordinance with reference to corner lots, interior lots, reversed frontage lots and through lots 2644 CODE COMPARATIVE TABLE Section Ord. No. Date Section this Code 17 13-110 18 13-95(b) 19 13-85(a) 21 Rpld 13-82-13-95, 13-103-13-110 5-77 2- 7-77 1, 2 13-11,13-12 3 13-16 4 13-29-13-33 5 13-41,13-42, 13-44,13-45 6 13-66 7 13-53 8 13-51,13-52 9-11 13-55-13-57 12 13-54 13 13-58 14 13-69, 13-70 15 13-67 16 13-71 17 13-81 18 13-73 19 13-43,13-46 20 13-72 21 13-68 22, 23 13-19, 13-20 24 13-21-13-23 25 13-17 26 13-13 27 Rpld 13-1-13-17, 13-29-13-35, 13-47-13-51, 13-63-13-70 8-77 2-21-77 1 36-181 2 36-183 3 36-182 4, 5 36-184, 36-185 9-77 2-21-77 1-4 24-91 13-77 3-21-77 1 Adopting Ordinance, p. ix 14-77 4- 4-77 1 25-220 (b), (c) 15-77 4- 4-77 1 25-304 16-77 4- 4-77 1 25-326 18-77 4- 4-77 1-4 19% -1-191/2-4 5(a)—(d) 19%-6 (e), (f) 19%-8 Supp. No. 2 2975 DUBUQUE CODE Section Ord. No. Date Section this Code (g) 191-7 (h) 191/2 -5 6-8 191/2-9-19%41 21-77 4-18-77 1 27-37 2 27-55, 27-62 22-77, 4-18-77 1 21-1 2 21-23(a) 3, 4 21-27(5), (7) 5 21-64(2), (3) 6 21-65(4) 7 21-39 8 21-67 9 21-77 10 21-79 11 21-84 23-77 4-18-77 1 Rpld 25-269 24-77 4-18-77 1 Rpld 25-270 25-77 4-18-77 1 Rpld 25-272 26-77 5- 2-77 1 App. A, § 1-103 28-77 5- 2-77 1 25-307 29-77 5- 2-77 1 25-327 31-77 5-16-77 1 25-88 32-77 5-16-77 1 25-344-25-350 33-77 5-16-77 1 27-63 38-77 6- 6-77 1 Rpld 21-80 39-77 6-15-77 1 18-1 40-77 6-20-77 1 101/2-21-10% -40 41-77 6-20-77 1 25-209(b) 52-77, 7-18-77 1 25-209(b) 53-77. 7-18-77 1 25-162 60-77 9- 6-77 1 App. A, § 4-114.2 62-77 9-19-77 1 25-326 63-77 9-19-77 1 25-210(b) 64-77 9-19-77 1 25-326 65-77 9-19-77 1 25-326 66-77 . 9-19-77 1 25-326 73-77 11- 7-77 1 App. A, § 5-108 77-77 11-21-77 1 25-210(b) 79-77 12-19-77 1 21-41 2 21-48 3 21-56 4 21-64 Supp. No. 2 2976 CODE INDEX AIR CONDITIONING AND EQUIPMENT—Cont'd. Section Excessive noise 26444 Prohibited noises, noise regulatoins, etc. 26439 et seq. Noises. See that title AIR GUNS Concealed weapons Firearms and weapons. See that title 27-12 AIR RAIDS Emergency succession in office 2-199 et seq. Emergency succession. See that title AIRPORTS AND AIRCRAFT Airport commission Annual report 4-27 Annual tax levy, certification 4-26 Bond of members 4-25 Oath of members 4-25 Powers Control of funds 4-24 Generally 4-22 Rule-making power 4-23 Airport manager Duties 4-35 Emergency succession in office 2-199 et seq. Emergency succession. See that title Office created 4-34 Airport zoning Appeals 4-64 et seq. Board of adjustment. See within this title that sub- ject Conflicting regulations 4-67 Definitions 4-68 Enforcement 4-66 Height limitations Generally 4-96 Obstructions in non -instrument approach zones 4-97 Obstructions in turning zones 4-98 Projections above horizontal surfaces 4-99 Land and nonconforming use restrictions 4-111 et seq. Nonconforming use restrictions 4-112 Short title 4-62 Zories Generally 4-86 Height limitations 4-96 et seq. Non -instrument approach zones 4-87 Turning zones 4-88 3003 DUBUQUE CODE AIRPORTS AND AIRCRAFT—Cont'd. Section Board of adjustment Airport zoning. See also within this title that sub- ject Established, composition, term 4-74 Powers 4-76 Procedures 4-75 Required vote on decisions 4-78 Review of decisions 4-79 Scope of authority on appeals 4-77 Business, occupations, persons stationed or employed at airport Registration required 4-8 Commission. See hereinabove: Airport Commission Government regulations Adopted 4-3 Conformance 4-4 Land and nonconforming use restrictions 4-111 Airport zoning. See within this title that subject Limitations on use 4-2 Location of 4-1 Manager. See hereinabove: Airport Manager Name of 4-1 Noise restrictions 26-143(e) Noises. See that title Permits Aviation permits 4-6 Concessionaires 4-7 Registration required 4-8 Suspension of rules 4-5 Violations Ejection of offenders 4-11 W-a3-v-ev–a*d-iadeffka4#ae io-ia–of–eity– 4-9 Zoning commission Composition 4-48 Established 4-47 Powers and duties 4-50 Terms of office 4-49 Zoning regulations. See within this title: Airport Zon- ing ALCOHOLIC BEVERAGES Beer brand signs prohibited 5-5 Beer permits. See hereinbelow: Liquor Control Licenses and Beer Permits Consumption in public places 5-6 Definitions 5-2 3004 CODE INDEX FIRE PREVENTION—Cont'd. Section Fire alarm system Damaging, interfering with 14-10 Fire hydrant caps, removing 14-11 Gasoline service stations and tank trucks 14-46 et seq. Gasoline service stations and tank trucks. See also that title Heating, air conditioning and ventilating 19-1 et seq. Heating, air conditioning and ventilating. See that title New materials 14-6 Smoking, carrying lighted objects Specified places restricted 14-9 Special conditions 14-8 Violations, penalties 14-13 FIRE SALES Going -out -of -business sales regulations 24-60 et seq. Going -out -of -business sales. See that title FIRE SPRINKLER SERVICE Water usage 36-162 Water and sewers. See that title FIRE ZONES Described 10-3 FIREARMS AND WEAPONS Concealed weapons, carrying 26-12 Discharging firearms 26-13 Hunting with a bow and arrow 26-7 Parks, discharging in 27-50 Parks and recreation. See that title Shooting gallery licenses 6-114 et seq. Shooting galleries. See that title Toy pistols, etc. Sale and use of 26-14 Use of bows, arrows, slingshots, other missle-throw- ing devices 26-7 FIRES, CONFLAGRATIONS, ETC. Emergency location for city government 2-5 False reports 26=6 Setting fires on pavement 33-10 Streets and sidewalks. See that title Starting in parks 27-57 FIREWORKS Discharging in parks 27-50 Parks and recreation. See that title 3037 DUBUQUE CODE FIRMS Section Person defined re 1-2. FISCAL YEAR Designated ____ 2-3 FLOOD AREAS Designation 15-16 Entry Permits 15-18 Restricted 15-17 Posting 1546 Vacation of dwelling 15-19 FLORA PARK Regulated 27-74 Public parks. See: Parks and Recreation FLOUR Weighing _ 24-105 FLOWERS Damaging, defacing 26-17 FOOD AND FOOD SERVICES Central market restrictions 24-33 et seq. Food service establishment permits Fees 16-16 Market restrictions 24-33 et seq. Milk and milk products _ 16-28 et seq. Milk and milk products. See that title Peddlers' restrictions 28-1 et seq. Peddlers, canvassers and solicitors. See that title Slaughterhouses and meat -packing plants 16-48 et seq. Slaughterhouses and meat -packing plants. See that title United States Public Health Service Food Service Sanitation Ordinance and Code Adopted __ . 164 Amendments 16-3 Definitions 16-2 FOOTBALL GAMES Municipal athletic field regulations 27-86 et seq. Parks and recreation. See that title FOREST PRESERVE E. B. Lyons Forest Preserve and Nature Center 27-73 FORFEITURES Fines, forfeitures and penalties. See that title 3038 CODE INDEX OFFICERS AND EMPLOYEES—Cont'd. Section Mayor 2.8.1et seq. Mayor. See that title Municipal funds, deposits of 2-73 Municipal parking garage operators, 25-296 Traffic. See that title Pensions and retirements Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code Personnel records 2485 Civil service commission. See that title Plumbing inspectors 30-24 et seq. Plumbing. See that title Powers and duties of manager 2-107 Representation, duties of solicitor 2-149 Transfer of records and property to successor 2-74 ONE-WAY STREETS Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code OPEN AIR SHOWS Definitions 6-75 Exemptions 6-78 Licenses Exemptions . 6-78 Fees 6-77 Required 6-76 Theaters and halls in general 6-128 et seq. Theaters and halls. See that title OPENING BOXES Prohibited noise, noise regulations, etc. 26-139 et seq. Noises. See that title ORDERTAKERS Peddlers' regulations 28-1 et seq. Peddlers, canvassers and solicitors. See that title ORDINANCES Annual appropriation ordinance 2-24 Code of ordinances 1-1 et seq. Code of ordinances. See that title ORGANIZED LABOR Assembling for purpose of intimidation 26-31 3063 DUBUQUECODE OUTDOOR ADVERTISING Section Advertising regulations in general 34 et seq. Advertising. See that title OUTDOOR BURNING Garbage and trash 17-1 OUTDOOR LIGHTING Electrical requirements 13-14 OUTDOOR THEATERS Open air shows 6-75 et seq. Open air shows. See that title P PALMISTRY Fortunetellers' license requirements 24-4'6 et seq. PARADES Circus parades 6-63 PARK SUPERINTENDENT Emergency succession in office 2499 et seq. Emergency succession. See that title PARKING Motor vehicle parking in general 25-256 et seq. Traffic. See that title PARKING METERS Regulation 25-321 et seq. Traffic. See that title PARKINGS Display of advertising material on 3-1 PARKS AND RECREATION Municipal athletic field Application for use 27-87 Changes, alterations restricted 27-91 City's right to cancel applications, refund fees 27-90 Concession rights 27-9'5 Custodians' right of access 27-94 Refund of fees, when 27-89, 27-90 Rental fees, exemptions 27-88 Substitution of later period for original applications 27-89 Supervision and management 27-86 Use for unlawful purposes 27-93 User's duty to restore field after use 27-92 Petrakis Park. See within this title: Municipal Athletic Field 3064 CODE INDEX SUBDIVISIONS—Cont'd. Section Preliminary plats Drafting requirements 34-30 Effect, duration of approval 34-28 Exemption from filing 34-29 Information required to be shown 34-31 Power of commission to approve or disapprove 34-27 Purpose 34-25 Submission to commission 34-26 Schools. See hereinabove: Parks, Playgrounds and Schools Septic tank installation Permit issuance restrictions 34-18 Short title 34-1 Standards and specifications 34-57 et seq. Streets, alleys and easements Adjoining street systems 34-72 Alleys 34-71 Cul-de-sac 34-70 Easements 34-74 Street alignment 34-68 Street grades 34-69 Street intersections 34-67 Street names 34-73 Street widths 34-66 SUBPOENAS Writs, warrants and other processes. See that title SUBVERSIVE ACTS Emergency location for city government 2-5 SUCCESSION IN OFFICE Emergency succession in office 2-199 et seq. Emergency succession. See that title SUITS AND PLEAS City solicitor in general 2-141 et seq. City solicitor. See that title SUNDAY Time computed re 1-2 SUNKEN WATERCRAFT Removal 26-123 SURETY Bonds, approval 2-4 3085 DUBUQUE, CODE SURVEYS; MAPS AND PLATS Section Fire zones described 10-3 Grade stakes, etc., removal 26-16 Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code Planning and zoning commission powers 29-20 Planning and zoning commission. See that title Precincts described 12-20 et seq. Subdivisions 34-1 et seq. Subdivisions. See that title SWEAR OR SWORN. See: Oath, Affirmation, Swear or or Sworn SWIMMING POOLS Construction 10-36 Definitions 10-33 Fencing requirements __ 10-37 Location 10-38 Permits Fees 10-35 Required - 10-34 SWINE Animals at large, etc. __.. 7-2 Animals in general. See: Animals and Fowl T TABLE MOUND TOWNSHIP Airport located in, name of 4-1 Airports and aircraft. See that title TANK TRUCKS Gasoline service stations and tank trucks .. 14-46 et seq. Gasoline service stations, etc. See that title TAXATION Agricultural lands Partial exemption for 35-2 Assessment of property 35-1 City assessor Appointment 35-16 City treasurer 2-159 et seq. City treasurer. See that title General special assessment fund 2-6 Finances in general. See: Finances 3086 CODE INDEX ZONING (Appendix A)—Cont'd. Section Building permits General building permit required 7-103 Issuance during zoning reconsideration 10-4 Buildings. See also that title Fronting on a public or approved private street re- quired 3-106 Limitations on number 3-104 Bulk and yard regulations Conformance to 1-103.1 Bulk plant service stations 14-48 Gasoline service stations and tank trucks. See that title Bulk regulations Applicability and scope 3-103.5 C-1 Commercial district Requirements 4-112 C-2 Local service commercial district Requirements 4-113 C-3 Arterial business commercial district Requirements 4-114 C-4 General commercial district Requirements 4-115 C-5 Central business district Requirements 4-116 C-6 Planned commercial district Requirements 4-117 Certificate of zoning compliance i 7-103 Collection of fees 10-102 Commercial and industrial districts Off-street parking and loading space requirements ____ 5-104 Residential dwelling permitted in 5-106 Commission Planning and zoning commission 29-16 et seq. Planning and zoning commission. See that title Conditional use permits Requirements and procedure 6-106 Conditional uses Application and scope 3-102.2 District requirements. See herein specific districts Temporary uses permitted as conditional uses in any district 5-107 Definitions Art. XI Districts Application of regulations 1-103, 4-101 District regulations 4-101 et seq. Establishment, designation 1-101 Stipp. No. 2 3117 DUBUQUE CODE ZONING (Appendix A)—Cont'd. Section Temporary uses permitted as conditional uses in any district 5-107 Exemptions from provisions 3-103.7 Fee schedule 10-101 et seq. Fences, walls and hedges 3-105.3 General provisions 3-101 et seq. Construction 3-101 Provisions. See within this title that subject General statement of intent. See herein specific dis- tricts H -I Heavy industrial district Requirements 4-120 Historic districts 191h -6 et seq. Historical preservation. See that title ID Institutional district Requirements 4-118 Intent. See herein specific districts L -I Light industrial district Requirements 4-119 Licenses Construed 3-102.5 Liquor and beer premise locations 5-27 Lot size requirements 3-103.4 Lots All lots to front on a public or approved private street 3-106 Reduction of required lots and yards prohibited 1-103.4 Yards and open spaces. See within this title that subject Map Official zoning map 1-102 Minimum requirements 3-102.1 Nonconformities Amortization provisions 2-109 Extension or enlargement 2-102 General statement of intent 2-101 Limitation on repairs and maintenance 2-107 Nonconforming lots of record 2-103 Nonconforming structures 2-105 Nonconforming uses of land, etc. 2-104 Nonconforming uses of structures, etc. 2-106 Uses under conditional use permit provisions not nonconforming 2-108 Nonresidential districts Limitations 3-104.2 Occupancy permits 7-103 Supp. No. 2 3118 CODE INDEX ZONING (Appendix A)—Cont'd. Section Official zoning map 1-102 Off-street parking and loading Applicability and scope 3-103.6 Application of district regulations 1-103.3 Commercial and industrial district requirements 5-104 Continuing obligation of property owner to main- tain 3-105.4 Open spaces. See hereinbelow: Yards and Open Spaces OR -1 Office -residential district regulations Enumerated 4-109 Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code Parking Off-street parking and loading. See hereinabove that subject Permits Conditional use permits. See hereinabove that sub- ject Planned unit development district regulations 4-110 Principal permitted uses. See also herein specific dis- tricts Application and scope 3-103.1 Private agreements 3-102.3 Provisions Adopting and repeal of 12-101 et seq. Amendments and zoning reclassification 8-101 et seq. Application and scope of regulations 3-103 Cumulative 3-102.6 Effective date of ordinance provisions 12-101 Exemptions from regulations 3-107.7 Minimum requirements 3-102.1 Overlapping or contradictory regulations 3-102.2 Repeal of conflicting ordinances 12-102 Rules governing interpretation 3-102 Separability 3-102.7 Violations and penalties 9-101 et seq. Words and phrases construed 3-101 Public or approved private street All lots and buildings to front on 3-106 R-1—Residential district regulations Enumerated 4-104 R-2—Residential district regulations Enumerated 4-105 R -3 --Residential district regulations Enumerated 4-106 Supp. No. 2 3119 DUBUQUE CODE ZONING (Appendix A)—Cont'd. Section R -4 -Residential district regulations Enumerated 4407 R -5 --Residential district regulations Enumerated 4-108 Residential districts General statement of intent for 4-103 Residential dwellings Permitted in commercial districts 5-106 Residential or office residential districts Limitations 3404.1 Schedule of fees Site plan review provisions Sign regulations Enumerated 5-105 Structures. Seewithin this title: Buildings Supplementary district regulations Accessory use provisions 5-101 General provisions 5-102 Site plan review provisions 5-103 Swimming pool locations 10-38 Theaters Adult entertainment establishments. See within this title that subject Unlawful uses 3-102.4 Use regulations Conformance of buildings, structures, etc., to 1-103.1 District uses. See herein specific districts Variances Procedure and standards governing 6-107, Violations and penalties 9-101 et seq. Yards, and open spaces All required yards to be open, unoccupied space 3-105.1 Application of district regula-tions. 1-103.3 Conformance to bulk yard regulations required 1-103.2 Continuing obligation of property owner to maintain 3-105.4 Fences, walls and hedges 3-105.3 Permitted obstructions in required yards __ ___ __________ 3-105.2 Reduction of required lots and yards prohibited 1-103.4 Restrictions governing allocation and disposition 3-105 Zoning -administrator 7-102 Schedule of fees, collection of fees, etc. - 10-101 et seq. Zoning commission Planning and zoning commission 29-16 et seq. Planning and zoning commission. See that title Zoning lot Limitations on uses on a zoning lot 3-104 Zoning map.See hereinabove: Official Zoning Map Supp. No. 2 10-101 et seq. 5-103 31-2p