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1 Supplement No. 17 - Code of Ordinances -i� TABLE OF CONTENTS—Cont'd. Chapter Page Art. IV. Gambling 1677 Art. V. Model Glue 1678 Art. VI. Reserved 1679 Art. VII. Noises 1680 Div. 1. Generally 1680 Div. 2. Variance Permits 1693 Art. VIII. Drug Paraphernalia 1695 27. Parks and Recreation 1745 Art. I. In General 1745 Art. II. Administration 1746 Div. 1. Generally 1746 Div. 2. Park and Recreation Commis- sion 1746 Div. 3. Director of Parks and Recrea- tion 1750 Art. III. Use Regulations 1750 Art. IV. Specific Parks 1758 28. Peddlers and Transient Merchants 1809 Art. I. In General 1809 Art. II. License 1811 29. Planning 1865 Art. I. In General 1865 Art. II. Planning and Zoning Commission 1865 Art. III. Development Planner 1869 30. Plumbing 1919 31. Police 1983 Art. I. In General 1983 Art. II. Burglary and Robbery Alarm Per- mits 1984 32. Railroads 2033 33. Streets, Sidewalks and Public Places 2087 Art. I. In General 2087 Art. II. Curbs and Driveways 2091 Div. 1. Generally 2091 Div. 2. Permit 2092 Supp. No. 14 xxi DUBUQUE CODE Chapter Page Art. III. Excavations 2094 Div. 1. Generally 2094 Div. 2. Permit 2096 Art. IV. Snow and Ice Removal 2097 Div. 1. Generally 2097 Div. 2. Sidewalks 2098 Art. V. Sidewalk Repairs 2099 34. Subdivision Regulations 2149 Art. I. In General 2149 Art. II. Plats 2151 Div. 1. Generally 2151 Div. 2. Preliminary 2152 Div. 3. Final 2155 Art. III. Standards and Specifications 2159 Div. 1. Generally 2159 Div. 2. Streets, Alleys and Easements . 2160 Div. 3. Blocks 2162 Div. 4. Lots 2162 Div. 5. Parks, Playgrounds and Schools 2163 35. Taxation 2213 Art. I. In General 2213 Art. II. Property Taxes 2213 Div. 1. Generally 2213 Div. 2. Exemptions 2214 Art. III. Hotel and Motel Tax 2217 36. Utilities 2253 Art. I. In General 2253 Art. II. Sewers and Sewage Disposal 2255 Div. 1. Generally 2255 Div. 2. Discharge Regulations 2261 Supp. No. 14 TABLE OF CONTENTS—Cont'd. Chapter Page Div. 3. Private Disposal Systems 2269 Div. 3A. Private Haulers 2274 Div. 4. Rates 2275 Art. III. Reserved 2280 Art. IV. Water 2280 Div. 1. Generally 2280 Div. 2. Connections 2290 Div. 3. Meters 2298 Div. 4. Rates 2301 Art. V. Cable Television 2306 Div. 1. Community Tele -Programming Commission 2306 Div. 2. Cable Regulatory Commission 2309 Div. 3. Rates 2312 37. Vegetation 2355 Art. I. In General 2355 Art. II. Trees 2355 Div. 1. Generally 2355 Div. 2. Tree Trimmers 2355 Div. 3. Dutch Elm Disease 2357 Art. III. Weeds 2359 38. Vehicles for Hire and Public Transportation 2411 Art. I. In General 2411 Art. II. Taxicabs 2411 Div. 1. Generally 2411 Div. 2. Permits and Licenses 2414.1 Art. III. Transit System 2419 Div. 1. Generally 2419 Div. 2. Transit Authority 2419 Div. 3. Transit Manager 2423 Appendix A. Zoning 2469 Art. I. Establishment of Districts; Provisions for Official Zoning Map and Interpre- tation and Amendment Thereof 2471 Art. II. Nonconforming Lots, Uses of Land, Uses of Structures and Premises, and Characteristics of Use: Amorti- zation Provisions 2474.1 Supp. No. 15 DUBUQUE CODE Page Art. III. General Provisions 2481 Art. IV. District Regulations 2489 Art. V. Supplementary District Regulations 2581 Art. VI. Board of Adjustment: Powers and Duties: Variances: Conditional Uses 2614.2 Art. VII. Administration and Enforcement; Required Permits and Certificates . 2624.1 Art. VIII. Amendments and Zoning Reclas- sification; Procedures and Policies 2629 Art. IX. Violations and Penalties 2635 Art. X. Schedule of Fees 2636 Art. XI. Definitions 2638 Art. XII. Adoption and Repeal of Conflicting Ordinances 2650 Appendix B. Cable Services Delivery Franchise 2763 Code Comparative Table 2951 Code Index 3001 Supp. No. 15 xxiv § 7-24 ANIMALS AND FOWL § 7-32 Sec. 7-24. Disposition of unredeemed dogs or cats. (a) If the owner of a licensed dog or cat impounded pursuant to this article does not claim such animal within five (5) days after notice provided for in this article has been mailed, the license shall automatically be revoked and the animal disposed of as directed by the health officer. (b) Any unlicensed dog or cat not claimed by the owner within three (3) days after it has been seized or impounded shall be dis- posed of as directed by the health officer. (Ord. No. 11-82, § 1, 3-11-82) Secs. 7-25-7-30. Reserved. DIVISION 2. LICENSE Sec. 7-31. Office designated. The city clerk is designated as the official agent of the city for the purpose of issuing city dog and cat licenses and collecting fees therefor. The city manager shall have authority to enter into agreements with other governmental agencies, a corporation or an individual as a collection agent for the efficient collection of license fees and the issuance of city dog and cat licenses. (Ord. No. 11-82, § 1, 3-11-82) Sec. 7-32. Application. The owner or other person responsible for the procurement of and payment for a license required by this division shall make application for a license at the office of the city clerk on forms provided by the city manager. The forms shall give the name and address of the owner, the sex and description of the dog or cat, and if known, its breed and age. In the event of a change of ownership, the license holder shall notify the city manager of such change. (Ord. No. 11-82, § 1, 3-11-82) Supp. No. 13 399 § 7-33 DUBUQUE CODE § 7-36 Sec. 7-33. Dogs—License fee. (a) Effective April 1, 1982, the license fee per calendar year, or fraction thereof, for a dog license shall be five dollars ($5.00) for each neutered dog and ten dollars ($10.00) for each dog not neutered. (b) The applicant or licensee shall furnish written proof from a licensed veterinarian that surgical procedures have been performed that render either male or female dogs incapable of reproduction. (c) The head of the family shall be liable for payment of the license fee of any dog owned, harbored or kept by any member of the family. (Ord. No. 11-82, § 1, 3-11-82) Sec. 7-34. Same—Expiration; renewal; delinquent fee. Effective April 1, 1982, all dog licenses issued under this division shall expire on December thirty-first of the year in which issued and shall become delinquent on March thirty-first of the year due. A penalty of five dollars ($5.00) shall be added to the required license fee for each delinquent dog license. (Ord. No. 11-82, § 1, 3-11-82) Sec. 7-35. Cats—License fee. (a) Effective July 1, 1982, the annual cat license fee per year, or fraction thereof, shall be two dollars ($2.00) for each neutered cat either male or female and four dollars ($4.00) for each male or female cat not neutered. (b) The applicant or licensee shall furnish written proof from a licensed veterinarian that surgical procedures have been performed that render either male or female cats incapable of reproduction. (c) The head of the family shall be liable for payment of the license fee of any cat owned, harbored or kept by any member of the family. (Ord. No. 11-82, § 1, 3-11-82) Sec. 7-36. Same—Expiration; renewal; delinquent fees. Effective July 1, 1982, all cat licenses issued under this division shall expire on June thirtieth of the year following and shall become delinquent on September thirtieth of the year due. A penalty fee of five dollars ($5.00) shall be added to the required license fee for each delinquent cat license. (Ord. No. 11-82, § 1, 3-11-82) Supp. No. 13 400 § 13-33 ELECTRICITY § 13-44 and they shall have no financial interest in any concern engaged in such business in the city at any time while holding office. (b) This section shall not be construed to in any way prevent the electrical inspector or his assistants from performing such services for the city as may be required by the manager or city council. (Ord. No. 5-77, § 4, 2-7-77) Secs. 13-34-13-40. Reserved. DIVISION 4. ELECTRICAL APPEAL BOARD* Sec. 13-41. Created. There is hereby created an electrical appeal board. (Ord. No. 5-77, § 5, 2-7-77) Sec. 13-42. Appointment; composition; qualifications. The board created by this article shall consist of five (5) members. The members shall be appointed by the city council. All members shall be residents of the city: One member shall be a representative of the public; one member shall be a registered journeyman electrician; one member shall be a registered electrical contractor; one member shall be a maintenance electrician; one member shall represent business. (Ord. No. 5-77, § 5, 2-7-77) Sec. 13-43. Election of officers. The board shall elect a chairman and a secretary annually. (Ord. No. 5-77, § 19, 2-7-77) Sec. 13-44. Terms of office. (a) The term of each member shall be four (4) years; provided, however, that the original appointments to the board shall be made as follows: Two (2) members shall be *Cross reference—Administration generally, Ch. 2. Supp. No. 6 777 § 13-44 DUBUQUE CODE § 13-46 appointed to serve for a period of three (3) years; three (3) members shall be appointed to serve for a period of four (4) years. (b) All appointments made after November 19, 1979, shall be for a period of three (3) years or until their successors are duly appointed. (Ord. No. 5-77, § 5, 2-7-77; Ord. No. 82-79, § 1, 12-17-79) Sec. 13-45. Compensation. Necessary and actual expenses shall be allowed to members of the board, but no other compensation shall be paid to them. (Ord. No. 5-77, § 5, 2-7-77) Sec. 13-46. Meetings. (a) Space; facilities. The council shall provide suitable space in which the board may hold meetings and conduct hearings and shall provide the board with necessary equipment and facilities and pay the expense thereof. (b) Frequency. The board shall hold its first meeting not more than thirty (30) days after the effective date of this article. Thereafter, the board shall meet at such times as may be necessary for the proper performance of its duties, but in any case not less than twice a year. (c) Quorum. A quorum of the board shall consist of a majority of its members. (d) Attendance of board members. Members of the electrical appeals board shall attend at least two-thirds (2/3) of all regularly scheduled meetings within any 12 -month period. If any member does not attend such prescribed number of meetings, it shall constitute grounds for the board to recommend to the city council that said member be replaced. Attendance of all members shall be entered on the minutes. (e) Access of public. All meetings shall be held in conformance with the provisions of the Iowa Open Meetings Law. Supp. No. 6 778 § 13-95 ELECTRICITY § 13-105 (b) It is prohibited for a person, firm or corporation holding a registration to transfer it or allow the use of it, directly or indirectly, by any other person, firm or corporation. (Ord. No. 4-77, §§ 7, 18, 2-7-77) Sec. 13-96. Suspension; revocation of registration. Any registration issued under this article may, after hearing, be suspended or revoked by the electrical examin- ing board, if the person, firm or corporation holding such registration willfully, or by reason of incompetence, repeatedly violates any statute of the state, or any ordinance or rule or regulation of the city relating to the installation, maintenance, alteration or repair of electric wiring, devices, appliances and equipment. (Ord. No. 4-77, § 7, 2-7-77) Secs. 13-97-13-102. Reserved. DIVISION 2. EXAMINING BOARD Sec. 13-103. Created. There is hereby created a board of electrical examiners. (Ord. No. 4-77, § 9, 2-7-77) Sec. 13-104. Composition. The board created by this division shall consist of five (5) members. All members of the board shall be residents of the city. One member shall be a representative of the public; one member shall be a registered journeyman electrician; one member shall be a registered electrical contractor; one member shall be a maintenance electrician; one member shall be an electrical engineer. (Ord. No. 4-77, § 9, 2-7-77) Sec. 13-105. Appointment. The city council shall appoint the five (5) members of the board created by this division. (Ord. No. 4-77, § 9, 2-7-77) Supp. No. 6 793 § 13-106 DUBUQUE CODE § 13-110 Sec. 13-106. Terms. (a) The term of each member of the board created by this division shall be four (4) years; provided, however, that the original appointments to the board shall be made as follows: two (2) members for three (3) years; three (3) members for four (4) years. (b) All appointments made after November 19, 1979 shall be for a period of three (3) years or until a successor is duly appointed. (Ord. No. 4-77, § 9, 2-7-77; Ord. No. 78-79, § 1, 12-17-79) Sec. 13-107. Chairman. The board created by this division shall elect annually one of its members as chairman, who shall preside at all meetings of the board. (Ord. No. 4-77, § 9, 2-7-77) Sec. 13-108. Secretary. The electrical inspector shall serve as secretary to the board created by this division and keep minutes and records of all proceedings and shall record the names and addresses of all persons examined by the board, the result of the examination, and the kind of registration issued to each, if any, and the date thereof. (Ord. No. 4-77, § 9, 2-7-77) Sec. 13-109. Quorum. Three (3) members of the board created by this division shall constitute a quorum for the transaction of business. (Ord. No. 4-77, § 9, 2-7-77) Sec. 13-110. Appeal from actions. In the event any person shall feel aggrieved by any action of the examining board, he may appeal from such action to the city council by filing written notice of his appeal within ten (10) days from the date of the action taken by the board. The council shall give five (5) days' written notice by certified mail of the date, time, and place of hearing to the appealing party and the examining board. All interested Supp. No. 6 794 § 14-9 FIRE PREVENTION AND PROTECTION § 14-25 objects is prohibited by, or under the authority of this sec- tion, shall conspicuously display upon the premises signs reading "Smoking Prohibited. by Law" in such number and in such location and of such size as the fire chief may find reasonable and necessary. (e) No person shall smoke in any properly placarded place. nor shall any person remove any placard required to be erected by or under the authority of this section. (Ord. No. 36-55, §§ 1-5, 6-27-5; Ord, No. 15-75, § 1, 5-19-75) Secs. 14-10-14-13. Reserved. Editor's note—Sections 14-10-14-13, relative to interfering with alarm sys- tems; removing hydrant caps; conflict of chapter with other ordinances; and violations and penalties, were repealed by Ord. No. 34-82, § 1, adopted July 6, 1982. The repealed provisions derived from Ord. No. 78, § § 35 and 36 and Ord. No. 37-64, §§ 7 and 9, adopted Dec. 28, 1964. Secs. 14-14-14-24. Reserved. ARTICLE II. FIRE DEPARTMENT* DIVISION 1. GENERALLY Sec. 14-25. Service outside city restricted. (a) No fire service shall be rendered outside the limits of the city by the fire fighting equipment and firemen of the city except on the following terms and conditions, to wit: (1) To protect property of the city located outside of the corporate limits of the city. (2) Fire protection shall be only to those places located in the county, outside of and within two (2) miles by *Cross references—Vehicles following fire apparatus restricted, § 25- 154; crossing of fire hoses restricted, § 25-155; privileges of authorized emergency vehicles, § 25-167; interference with firemen, § 26-5; police, Ch. 31. Supp. No. 15 847 § 14-25 FIRE PREVENTION AND PROTECTION (3) § 14-25 highway of the city limits which do not create an extraordinary hazard to the personnel or equipment of the city fire department, where city water mains are in the immediate proximity of the premises, or a sup- ply of water is available in the proper location and in such quantities at all times as in the judgment of the fire chief of the city shall be sufficient to fight a fire on said premises for not less than one hour. The judg- ment of the fire chief shall be conclusive as to what constitutes an extraordinary hazard hereunder. Anyone desiring the fire protection above referred to shall make application to the fire chief of the city and at the commencement thereof pay to the city annually one hundred dollars ($100.00) plus an amount equal to the amount that would have been assessed against the real property and the contents thereof upon fire levies, which fire levies are for the fire maintenance, fire equipment, fire pension, and fire retirement funds, the same as if said property were located in the city. The city assessor shall fix the valuation of such prop- erty for the purpose of this section. (4) Only such apparatus and personnel to be used at any fire shall be furnished under this section as, in the sole judgment of the chief of the fire department, can be spared at any time. No protection shall be given if two (2) or more engines are out of service for any reason or are engaged at fires within the city. No such pro- tection shall be given in inclement weather such as severe snows or rain storms, or when the roads are in a bad condition, and the sole judgment of the fire chief shall be final as to the state of the storms and condi- tion of the roads. (5) The city shall furnish only such fire protection as herein stated, and the city shall in no manner be respon- sible for any damages by fire or otherwise because of the failure to answer calls, delay in response to calls, and failure of any equipment, or any other damage caused by the equipment, the lack thereof, the use thereof or firemen. 849 § 14-25 DUBUQUE CODE § 14-33 (6) Each and every person desiring fire protection as pro- vided in this section shall sign an agreement to abide by all of the terms and conditions of this section. The chief of the fire department is hereby authorized to send fire trucks and other equipment and personnel of the fire department to fires outside of the city in accordance with the terms of this section, and only when he is satisfied that the owners of the property requesting such service have complied with all of the terms and conditions of this section. (b) Fire fighting equipment and firemen responding to calls for fire fighting outside of the city under the terms of this section shall be considered within the jurisdiction of the city. (c) Fire fighting equipment and firemen responding to calls for fire fighting outside of the city under the terms of this section shall have the same governmental immunity as when operating within the corporate limits of the city. (Ord. No. 3-50, §§ 1-3, 3-6-50) (7) Secs. 14-26-14-31. Reserved. DIVISION 2. BUREAU OF FIRE PREVENTION Sec. 14-32. Established; supervision. A bureau of fire prevention in the fire department of the city is hereby established which shall be operated under the supervision of the chief of the fire department. (Ord. No. 37-64, § 2, 12-28-64) Sec. 14-33. Officers; personnel. (a) The chief of the fire department shall be the chief of the bureau of fire prevention. (b) The city fire marshal shall be an officer of the fire department and shall be chief inspector of the bureau of fire prevention and shall be appointed by the chief of the fire department. 850 § 18-52 HEALTH AND SANITATION § 18-52 DIVISION 3. CITY -OPERATED SERVICE Sec. 18-52. Rates—Established. There is hereby established the following schedule of rates and charges for city ambulance service: (1) For transporting one (1) person from any point within the city limits to any hospital, doctor's office, nursing home, home for the aged, convalescent home or any other point within the city, effective July 1, 1980, sixty-five dollars ($65.00) per trip. (2) For transporting one (1) person from any hospital, doctor's office, nursing home, convalescent home, home for the aged, or any other point [within the city to any point located] within the city, effective July 1, 1980, sixty-five dollars ($65.00) per trip. (3) For transporting one (1) person from any point outside of the city to any hospital or doctor's office within the city, effective July 1, 1980, sixty-five dollars ($65.00) plus a twenty -four -dollar ($24.00) surcharge, plus one dollar ($1.00) per load mile, per trip. The said surcharge shall not be applicable to residents of the city. (4) For transporting one (1) person from any hospital or doctor's office within the city to any point outside of the city, effective July 1, 1980, sixty-five dollars ($65.00), plus a twenty -four -dollar ($24.00) surcharge, plus one dollar ($1.00) per load mile, per trip. The said surcharge shall not be applicable to residents of the city. (5) In addition to the above charges, there may be imposed a further charge of ten dollars ($10.00) per hour, or fraction thereof, for delays in excess of ten (10) minutes, not caused by the ambulance driver. (Ord. No. 10-74, § 1, 2-4-74; Ord. No. 16-80, § 1, 3-11-80) Supp. No. 7 1097 § 18-53 DUBUQUE CODE § 18-56 Sec. 18-53. Same—Computation of mileage. For the purpose of the schedule of rates and charges set out in section 18-52, effective July 1, 1980, load mileage shall include the entire distance traveled by the ambulance in providing the service from the point of transporting one (1) person to any point within the city. (Ord. No. 10-74, § 1, 2-4-74; Ord. No. 16-80, § 1, 3-11-80) Sec. 18-54. Same—City manager's authority to adjust. The city manager of the city is hereby authorized and empowered, in his discretion, to make adjustments in the rates and charges to be fixed for city ambulance service in such cases where the need for such ambulance service is required to repeatedly transport a person of limited financial means. The city manager shall have the authority to require proof of the financial status of a person seeking the benefits of this section for such service. (Ord. No. 10-74, § 5, 2-4-74) Sec. 18-55. Service area limited. The city ambulance service may make calls or provide ambu- lance service only to points in Iowa within the county or to points in Illinois or Wisconsin within five (5) miles of the city. (Ord. No. 10-74, § 3, 2-4-74) Sec. 18-56. Service outside city. The city manager is hereby authorized and empowered to enter into agreements with any authorized officials or govern- ing body to provide emergency ambulance service to any point in the States of Wisconsin or Illinois within five (5) miles of the city, or to any point in the county, which agreement shall be reduced in writing and signed before any such service is rendered and shall provide that such official or governing body shall guarantee the payment of the fees established in section 18-52 of this division. All service authorized by the county officers shall be billed directly to the county sheriff's office. All service authorized by the county welfare office shall be billed to the county welfare office. All service author- ized by the East Dubuque police department shall be billed to Supp. No. 7 1098 § 18-56 HEALTH AND SANITATION § 18-56 the East Dubuque police department. All other calls made in this county, Jo Daviess County or Grant County must be pay- able in advance. (Ord. No. 10-74, § 4, 2-4-74) Supp. No. 7 1099 [The next page is 1149] § 19 1/2 -6.1 HISTORICAL PRESERVATION § 19%-6.1 all of Lots 12 through 16, inclusive; and all of Lots 12A through 16A, inclusive; all being in Paulina Langworthy's Addition. The west 15 feet of Lot 4; all of Lot 5, and Lot 6; all being in McCoy Subdivision. All of Lots 1 through 6, inclusive, of Lot 2 and Lot 3; all of Lot 4; and all of Lots 5 through 8, inclusive, excepting the northerly 12 feet of all of them; all being in Mrs. L. A. Langworthy's Addition. All of Lots 1 through 12, inclusive; all of Lots 17 through 21, inclusive; and all of Lots 49 through 53, inclusive; all being in Julia Langworthy's Addition. Lots 1 through 4, inclusive; Lot 1 of Lot 6; Lots 28 through 32, inclusive; Lot 1 of Lot 1 of Lot 1 of Lot 33; and Lot 1 and Lot 2 of Lot 2 of Lot 33; all being in T. S. Nairn's Dubuque Addition. These properties are all located in the southwest quarter of the northwest quarter of Section 25, Township 89 North, Range 2 East of the fifth principal meridian, in the City of Dubuque, Iowa. Said described district [shall] be designated the Langworthy Historic Preservation District. (b) Review standards adopted. The properties within said described district shall be subject to the United States Department of Housing and Urban Development's 1977 Guidelines for Rehabilitating Old Buildings as adopted by the historic preservation commission for said commission's review procedure that precedes the issuance of a certificate of appropriateness pursuant to section 191/2-8(b). (Ord. No. 47-79, §§ 1, 2, 8-6-79; Ord. No. 9-80, § 2, 3-3-80; Ord. No. 27-80, § 2, 4-7-80) Editor's note—Ord. No. 47-79, §§ 1, 2, adopted Aug. 6, 1979, did not expressly amend this Code; hence, codification as § 191/2-6.1 -6.1 is at the discretion of the editor. Supp. No. 14 1179 § 191/2-6.2 DUBUQUE CODE § 19'/a-7 Sec. 191/2-6.2. Old Main Historic District. (a) Designated. The properties hereinafter described are hereby designated as a historic preservation district, according to the provisions of this chapter, to wit: All of city Lots 1 thru 12 inclusive; and all of city Lots 69 thru 80 inclusive. These properties are all located in the north- east half of Section 25, Township 89 North, Range 2 East, of the fifth principal meridian, in the City of Dubuque, Iowa. (b) Review standards adopted. The properties within said de- scribed district shall be subject to the U.S. Department of Hous- ing and Urban Development's "1977 Guidelines for Rehabilitat- ing Old Buildings" as adopted by the historic preservation commission for said commission's review procedure that precedes the issu- ance of a certificate of appropriateness pursuant to section 191/2-8(b). (Ord. No. 14-82, §§ 1, 2, 3-15-82) Editor's note—Ord. No. 14-82, §§ 1, 2, enacted March 15, 1982, did not ex- pressly amend the Code. Inclusion as § 191/2-6.2 was at the editor's discretion. Sec. 191/4-7. Demolition of structures in historic dis- tricts. Demolition of structures erected within historic districts and deemed by the commission to be of a particular architectural or historical significance shall be prohibited unless, upon application, the commission finds that the prohibition of demolition prevents the owner of the property from earning any reasonable return on the property. In the event that the structure is found to be of unique value, the commission may, notwithstanding the showing of an absence of a reasonable return, deny permission to demolish; provided, however, that a denial of permission to demolish shall prohibit demolition for no more than four (4) months from the date of application for a permit to demolish, unless at the expiration of four (4) months, adjustments have been made which allow for such a return. During this time the commission shall endeavor to formulate, with the owner, an economically feasible plan for Supp. No. 14 1180 § 25-210 MOTOR VEHICLES AND TRAFFIC § 25-210 EASTBOUND Bluff Street and West Twelfth Street Chavenelle Road at north-west arterial (Ord. No. 56-82, § 1, 10-18-82) Crescent Ridge and Cedar Cross Road (Ord. No. 29-79, § 1, 5-30-79) Curtis Street and Bryant Street (Ord. No. 36-79, § 1, 6-18-79) Fremont Avenue and Wartburg Place Front Street and Harbor Street Grandview Avenue, North, and Delhi Street Henion Street and Helena Street (Ord. No. 77-77, § 1, 11-21-77) James Street and Langworthy Avenue John F. Kennedy Road and University Avenue Kennedy Court and Peru Road (Ord. No. 29-79, § 1, 5-30-79) Key Way Drive and Keymont Street Key Way Drive and Westway Street (Ord. No. 38-78, § 1, 6-19-78) Louise Street and Peru Road. (Ord. No. 29-79, § 1, 5-30-79) MarJo Quarry Road and Inland Drive (Ord. No. 29-79, § 1, 5-30-79) Miller Road and Kelly Lane (Ord. No. 29-79, § 1, 5-30-79) Simpson Street and Fremont Avenue (Ord. No. 59-79, § 1, 10-1-79) Starlight Drive and Cedar Cross Road (Ord. No. 29-79, § 1, 5-30-79) University Avenue and Ashbury Road Woodworth Street and Lowell Street Supp. No.16 1590.5 § 25-210 DUBUQUE CODE § 25-210 WESTBOUND Andrew Court and Boyer Street (Ord. No. 26-78, § 1, 5-1-78) Chavenelle Road at Radford Road (Ord. No. 56-82, § 1, 10-18-82) Delhi Street and West Fifth Street Fremont Avenue and Kelly Lane Grandview Avenue, North, and Delhi Street Hawkeye Drive and Peru Road (Ord. No. 29-79, § 1, 5-30-79) James Street and Mazzuchelli Heights Liberty Street and Peru Road (Ord. No. 29-79, § 1, 5-30-79) Madison Street and Clarke Drive St. Anne Drive and Ridge Road Salem Street and Peru Road (OM. No. 29-79, § 1, 5-30-79) Sheridan Road and Peru Road (Ord. No. 29-79, § 1, 5-30-79) Starlight Drive and Crescent Ridge (Ord. No. 29-79, § 1, 5-30-79) Toledo Street and Peru Road (Ord. No. 29-79, § 1, 5-30-79) University Avenue and Ashbury Road University Avenue and John F. Kennedy Road Valley Drive and Peru Road (Ord. No. 29-79, § 1, 5-30-79) Walker Street and Peru Road (Ord. No. 29-79, § 1, 5-30-79) EASTBOUND AND WESTBOUND Twelfth Street, East, and Elm Street (Ord. No. 16-82, § 2, 4-7-82) Atlantic Street and Custer Street Supp. No. 16 1590.6 § 25-210 MOTOR VEHICLES AND TRAFFIC § 25-210 Avoca Street and Green Street Davis Street and Windsor Avenue (Ord. No. 10-79, § 1, 1-16-79) 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 (Ord. No. 38-78, § 1, 6-19-78) Langworthy Avenue and Alpine Street Langworthy Avenue and Booth Street Langworthy Avenue and Nevada Street Lincoln Avenue and Fengler Street Lincoln Avenue and Kniest Street (Ord. No. 51-82, § 1, 9-7-82) Maryville Drive and Scenic View Drive (Ord. No. 10-79, § 1, 1-16-79) Oakcrest Drive and Maplewood Court (Ord. No. 10-79, § 1, 1-16-79) 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 Drive and Crissy Drive (Ord. No. 10-79, § 1, 1-16-79) Supp. No. 16 1590.7 § 25-210 DUBUQUE CODE § 25-211 Vizalea Street and Keymont Street 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. 38-78, § 1, 6-19-78) (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; Ord. No. 26-78, § 1, 5-1-78; Ord. No. 38-78, § 1, 6-19-78; Ord. No. 9-79, § 1, 1-16-79; Ord. No. 10-79, § 1, 1-16-79; Ord. No. 11-79, § 1, 1-16-79; Ord. No. 22-79, § 1, 4-2-79; Ord. No. 29-79, § 1, 5-30-79; Ord. No. 36-79, § 1, 6-18-79; Ord. No. 59-79, § 1, 10-1-79; Ord. No. 24-80, § 1, 5 19-80; Ord. No: 9-81, § 1, 1-19-81; Ord. No. 5-81, § 1, 1-19-81; Ord. No. 16-82, §§ 1, 2, 4-7-82; Ord. No. 51-82, § 1, 9-7-82; Ord. No. 56-82, § 1, 10-18-82) 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 following 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, 9-6-59) Supp. No. 16 1590.8 § 25-325 MOTOR VEHICLES AND TRAFFIC § 25-326 any motor vehicle registered in such person's name or operated or controlled by such person to be upon any street within a parking meter space adjacent to a parking meter while such meter is displaying a signal indicating that the motor vehicle occupying such parking space has been parked beyond the period prescribed for such parking spaces. (b) Such parking meter shall be operated to show legal parking in such parking meter zones between the hours of 9:00 a.m. and 6:00 p.m. on Tuesday, Wednesday, Thursday and Saturday of each week and between the hours of 9:00 a.m. and 9:00 p.m. on Monday and Friday of each week, and each day of each week during the period commonly called "Christmas Shopping Days," which period commences on December first and extends to December twenty-third inclusive, of each year, except at such spaces designated from time to time in which the parking meter shall be operated to show legal parking during the hours of 9:00 a.m. and 6:00 p.m. on Monday, Tuesday, Wednesday, Thursday, Friday and Saturday of each week. (c) The provisions of this division shall not apply on holidays, and the term "holiday" shall include the following days only: the first day of January, Memorial Day, the Fourth of July, the first Monday in September, Thanksgiv- ing Day and the twenty-fifth day of December. (Ord. No. 33-49, § 16.6, 9-6-49; Ord. No. 47-50, § 1, 12-4-50; Ord. No. 44-64, § 1, 12-28-64; Ord. No. 37-65, §§ 5, 5(a), 10-4-65; Ord. No. 38-65, § 1, 10-4-65; Ord. No. 33-72, § 1, 6-12-72) Sec. 25-326. Districts. There are hereby established three (3) parking meter districts in the city, to be known as parking meter districts A, B and C, to be composed of streets and/or portions thereof as follows: PARKING METER DISTRICT A First Street, both sides, between Main and Locust Streets. Sixth Street, both sides, between Locust and Bluff Streets. Supp. No. 7 1611 § 25-326 DUBUQUE CODE § 25-326 Seventh Street, both sides, between Central Avenue and Iowa Street. Seventh Street, both sides, between Locust and Bluff Streets. Eighth Avenue, north side, from Central Avenue to alley, west. Eighth Avenue, south side, between Locust and Bluff Streets. Eighth Avenue, south side, from White Street east for a distance of sixty-six (66) feet. Ninth Street, north side, between Iowa and Locust Streets. Ninth Street, south side, between Locust and Bluff Streets. Tenth Street, both sides, between Iowa and Locust Streets. Twelfth Street, south side, between Central Avenue and White Street. (Ord. No. 63-79, § 2, 10-15-79) Thirteenth Street, both sides, between Central Avenue and Iowa Street. Bluff Street, west side, between Seventh and Locust Streets. Central Avenue, both sides, between Fourth and Eighteenth Streets. Central Avenue, east side, between Eighteenth and Nineteenth Streets. Iowa Street, both sides, between Eleventh and Twelfth Streets. Iowa Street, east side, from Thirteenth Street to Loras Boulevard. Locust Street, west side, between Fourth and Eighth Streets. (Ord. No. 63-78, § 1, 11-6-78) Locust Street, both sides, between Ninth and Tenth Streets. (Ord. No. 63-78, § 1, 11-6-78) Supp. No. 7 1612 § 25-326 MOTOR VEHICLES AND TRAFFIC § 25-326 Main Street, both sides, between First and Fourth Streets. Main Street, east side, between Ninth and Tenth Streets. Main Street, both sides, between Tenth and Eleventh Streets. 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, north side, between Locust and Bluff Streets. (Ord. No. 64-78, § 1, 11-6-78) Fourth Street, south side, between Central Avenue and Locust Street. (Ord. No. 66-77, § 1, 9-19-77; Ord. No. 64-78, § 1, 11-6-78) Fourth Street, both sides, between White Street and Central Avenue. (Ord. No. 66-77, § 1, 9-19-77; Ord. No. 64-78, § 1, 11-6-78) Fifth Street, south side, between Central Avenue and Locust Street. Eighth Street, north side, between Bluff Street and University Avenue. Eighth Street, south side, from Bluff Street west for a distance of approximately three hundred (300) feet. Ninth Street, East, north side, from Central Avenue to White Street. (Ord. No. 35-78, § 1, 6-5-78) Tenth Street, north side, between Central Avenue and Iowa Street. Eleventh Street, both sides, between Central Avenue and Bluff Street. Twelfth Street, south side, between Central Avenue and Main Street. (Ord. No. 63-79, § 1, 10-15-79) Supp. No. 6 1612.1 § 25-326 DUBUQUE CODE § 25-326 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. Bluff Street, both sides, between Tenth and Eleventh Streets. Iowa Street, both sides, between Third and Fourth Streets. (Ord. No. 36-78, § 1, 6-5-78) Iowa Street, west side, between Fourth and Tenth Streets. (Ord. No. 65-77, § 1, 9-19-77; Ord. No. 36-78, § 1, 6-5-78) Iowa Street, both sides, between Tenth and Eleventh Streets. (Ord. No. 36-78, § 1, 6-5-78) Iowa Street, both sides, between Twelfth and Thirteenth Streets. (Ord. No. 36-78, § 1, 6-5-78) Iowa Street, west side, between Thirteenth Street and Loras Boulevard. (Ord. No. 36-78, § 1, 6-5-78) 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. Supp. No. 6 1612.2 § 25-326 MOTOR VEHICLES AND TRAFFIC § 25-326 Main Street, west side, from West First Street south for a distance 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; Ord. No. 64-78, § 1, 11-6-78) 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. Fifth Street, 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 Avenue. Eighth Street, both sides, between Central Avenue and White Street. Ninth Street, East, south side, between Central Avenue and White Street. (Ord. No. 35-78, § 1, 6-5-78) Tenth Street, both sides, between Central Avenue and White Street. Eleventh Street, both sides, between Central Avenue and White Street. Supp. No. 6 1612.3 § 25-326 DUBUQUE CODE § 25-326 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, East, north side, one-half (1/2) block east of central Avenue. Fifteenth Street, East, south side, from Central Avenue to White Street. Fifteenth Street, West, both sides, one-half (%2) block west of Central Avenue. 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; Ord. No. 63-78, § 1, 11-6-78; Ord. No. 64-78, § 1, 11-6-78; Ord. No. 63-79, §§ 1, 2, 10-15-79) Supp. No. 6 1612.4 Chapter 31 POLICE* Art. I. In General, §§ 31-1-31-3 Art. II. Burglary and Robbery Alarm Permits, §§ 31-4-31-12 ARTICLE I. IN GENERAL Sec. 31-1. Impersonating an officer. If any private citizen, within the corporate limits of this city, adopts or wears on any street or in any public place, the uniform or insignia worn by the police force of the city, or if any person not a member of the police force, or peace officer represents himself as, or assumes to be, a police or peace officer, he shall be guilty of impersonating an officer. (Ord. No. 29-81, § 1, 6-1-81) Sec. 31-2. Using a police whistle. If any person, within the corporate limits of the city, except police and peace officers, uses or sounds any police whistle or other device used by the police department, he shall be guilty of a misdemeanor. (Ord. No. 29-81, § 1, 6-1-81) Sec. 31-3. Refusing admittance to officers. If any person, within the corporate limits of this city, refuses to admit the mayor, chief of police, or any member of the police force into any place which they may lawfully enter for the purposes of ascertaining whether a nuisance exists or a crime has been committed, or resists, obstructs, •Editor's note—Ord. No. 29-81, § 1, enacted June 1, 1981, repealed Ch. 31, §§ 31-1-31-3 and, in place thereof, added a new Ch. 31, §§ 31-1-31-12. Formerly, said chapter derived from Ord. No. 78, §§ 28-30. Cross references—General penalty for code violation, § 1-8; adminis- tration, Ch. 2; supervisory and enforcement authority of employed police officers at public dances, § 6-98; fire department, Ch. 14, Art. II; offenses and miscellaneous provisions, Ch. 26; interference with police, § 26-5. Supp. No. 10 1983 § 31-3 DUBUQUE CODE § 31-4 or attempts to resist or obstruct such officer while attempting to enter any such place, he shall be guilty of a misdemeanor. (Ord. No. 29-81, § 1, 6-1-81) ARTICLE II. BURGLARY AND ROBBERY ALARM PERMITS* Sec. 31-4. Definitions. [As used in this article, the following terms shall have the meanings respectively ascribed to them:] Alarm: An alarm is an electromechanical system designed to provide a signal upon detection of smoke, fire, unlawful intrusion or other unusual condition or to be activated by a person to report a crime or other unusual circumstance. Except for the provisions of subsection 31-12(b) herein, this article is not applicable to alarms utilized solely for the purpose of reporting smoke or fire. Dialer: A dialer is a device connected to a telephone line and providing for the transmission of pre-programmed signals of alarm to another location by calling a telephone number. Direct alarm: A direct alarm provides a signal to the police communications center. False alarm signal: A false alarm signal is a signal brought to the attention of the police department and initiating a response when there is no direct or indirect evidence of a crime committed or attempted. Local alarm: A local alarm provides a signal on the premises in which the alarm is installed. Person: A person is any individual, partnership, corpora- tion or other entity. Remote alarm: A remote alarm provides a signal to another location but is not a direct alarm. *Cross references—Licenses and miscellaneous business regulations, Ch. 24; offenses, Ch. 26. Supp. No. 10 1984 § 31-9 POLICE § 31-11 false alarm providing there have been at least four (4) false alarms within the most recent twelve-month period. (d) The service charge may be waived by the chief of police in the case of development of alarm conditions not reasonably attributable to the subscriber or the subscriber's equipment. The police department will not serve as intervenor in the case of disputes arising between the subscriber and any other person re- garding the delivery of service, the quality of the alarm system equipment, or the maintenance thereof. (e) Alarm signals received during the first two (2) weeks after the issue date for a permit for a new installation will not be counted for the purposes of sections 31-8 and 31-9. Nothing herein authorizes any person to deliberately cause an alarm signal to be initiated without advance permission from the police depart- ment. (Ord. No. 29-81, § 1, 6-1-81) Sec. 31-10. Duties of the chief of police. (a) The chief of police shall maintain a current file of all alarm systems for which permits have been issued. (b) The chief of police will cause written notice to be sent to the alarm subscriber for each false alarm signal resulting in police response. (Ord. No. 29-81, § 1, 6-1-81) Sec. 31-11. Assistance provided. Within its capability, the police department will provide technical assistance or advice to any person wishing to install an alarm system or improve an existing system. Nothing in this article shall be interpreted as requiring or assuring any specific response by the police. (Ord. No. 29-81, § 1, 6-1-81) Supp. No. 10 1987 § 31-12 DUBUQUE CODE § 31-12 Sec. 31-12. Prohibited acts. (a) No person shall install, cause to be installed, or have on his premises an operable direct or remote alarm system without having first obtained the proper permit. This section becomes effective ninety (90) days after the effective date of this article. (b) No person shall install or have on his premises an alarm system which has an automatic dialing device programmed to call a police department or fire department number. (c) No person shall install or have on his premises an alarm system which has been installed after the effective date of this article when such system has an audible signal unless the system includes a timing device to stop the audible signal within fifteen (15) minutes. (d) No person shall deliberately cause a false alarm signal to be initiated without first receiving permission from the police department to conduct a test. (Ord. No. 29-81, § 1, 6-1-81) Supp. No. 10 1988 [The next page is 2033] § 34-2 SUBDIVISION REGULATIONS § 34-17 of ownership or building development, including all changes in street lines or lot lines. (Ord. No. 65-57, Art. I, 12-20-57) Cross reference—Rules of construction and definitions generally, § 1-2. Sec. 34-3. Purpose. The purpose of these regulations is to aid and to control the subdivision of land in the interest of coordinated develop- ment of the city ; to establish a consistent policy upon plats submitted to the commission and the city council ; and to enable them to ascertain whether the same conforms to the applicable statutes and ordinances. These regulations are es- tablished as the minimum requirements to effect the purpose. (Ord. No. 65-57, Art. II, § 1, 12-20-57) Sec. 34-4. Applicability of chapter. The regulations set out in this chapter shall apply to all land to be subdivided within the city, and within one mile of the limits of the city, except to land divided into two (2) par- cels and no part of which is dedicated to public use. (Ord. No. 65-57, Art. II, § 1, 12-20-57) Sec. 34-5. Conformance to city plan. All lands proposed for subdivision shall conform in develop- ment to the intent and spirit of the city plan, insofar as prac- tical, in the location of streets, alleys, boulevards, parks, and other public places and facilities ; and shall not conflict or in- terfere with the rights-of-way or extensions of streets shown thereon or already established. (Ord. No. 65.57, Art. II, § 1, 12-20-57) Secs. 34-6-34-16. Reserved. ARTICLE II. PLATS DIVISION 1. GENERALLY Sec. 34-17. Recording required. Whenever any person shall subdivide any tract of land with- in the limits of the city or within one mile of the limits of the Supp. No. 10 2151 § 34-17 DUBUQUE CODE § 34-25 city, into three (3) or more parcels, he shall record a plat thereof in the office of the county recorder, which plat shall first have been prepared and approved in conformity with the provisions of this article. (Ord. No. 65-57, Art. II, § 1, 12-20- 57) Sec. 34-18. Issuance of permits restricted. (a) Building or repair. The building commissioner shall not issue building or repair permits for any structure on a lot in a subdivision, the plat of which was recorded after November 20, 1956 in violation of this chapter. (b) Septic tank installation. The city health officer shall not issue a permit for the installation of a septic tank upon any lot in a subdivision for which a plat has been recorded after November 20, 1956, in violation of this chapter. (Ord. No. 65-57, Art. V, §§ 1, 2, 12-20-57) Sec. 34-19. Application fee for subdivision plat re- view required. No plat for any subdivision or resubdivision shall be considered filed for review, unless and until said plat is accompanied by a fee, as follows: (1) Preliminary plats—Fifty dollars ($50.00), plus one dollar ($1.00) per lot. (2) Final plats—Forty dollars ($40.00), plus one dollar ($1.00) per lot. (Ord. No. 34-81, § 1, 6-15-81) Secs. 34-20-34-24. Reserved. DIVISION 2. PRELIMINARY Sec. 34-25. Purpose. The preliminary plat shall inform the commission of the intentions of the subdivider in the layout of the subdivision and of the specific problems connected therewith, and to pro- vide the basis of an examination of the design of the sub- division and of the conformance of the plat to the city plan Supp. No. 10 2152 § 36-53 UTILITIES § 36-54 (c) Domestic type sewage. Only domestic type sewage may be discharged at the waste water treatment plant, unless approval has been given by the city manager for other types of sewage. (d) Industrial sewage. No industrial sewage may be discharged at the waste water treatment plant without prior agreement with the city manager. (e) Municipal sludge other than from city. No municipal sludge or sewage, other than from the City of Dubuque system, may be discharged at the waste water treatment plant without prior agreement with the City Manager. (f) Fee per load. A fee of ten dollars ($10.00) per load shall be charged for sewage discharged at the waste water treatment plant. (Ord. No. 70-80, § 1, 12-8-80) DIVISION 4. RATES Sec. 36-54. Definitions. The following words and terms as used in this division, shall be deemed to mean and be construed as follows: Contributor refers to any person responsible for the pro- duction of domestic, commercial or industrial waste which is directly or indirectly discharged into the city's sanitary sewer system. Sewage service ciwirge refers to any and all rates, charges, fees or rentals levied against and payable by the contributors, including special contracts or agreements which have been or may be negotiated by and between the city, commercial estab- lishments, industries, manufacturing plants or corporations for the purpose of collecting rates, charges, fees or rentals. Sewage treatment plant refers to any and all units of the municipal sewage treatment system owned and operated by the city, including the interceptor sewer system, the pumping stations delivering sewage to the plan and the outfall sewer system. Supp. No. 8 2275 § 36-54 DUBUQUE CODE § 36-56 Water department refers to the city water department. (Ord. No. 35-57, § 2, 4-15-57) Cross reference—Rules of construction and definitions generally, § 1-2. Sec. 36-55. Purpose. It is hereby determined and declared to be necessary and conducive to the protection of the public health, safety, wel- fare and convenience of the city to levy and collect just and equitable charges, rates or rentals upon all lots, parcels of real estate and buildings that are connected directly or indirectly with the sanitary sewage system of the city, the proceeds of such charges or rentals so derived to be used for the purpose of constructing, operating, maintaining and repairing such sew- age treatment plant. (Ord. No. 35-57, § 1, 4-15-57) Sec. 36-56. Established. Contributors whose property lies within the corporate limits of the city, except as otherwise provided in this division, shall pay to the city, through its collection agent at its office at the same time payment for water service is made, a sewer service charge computed on water consump- tion on the following rates: (a) Basic charges: The sewage rates and charges shall be based on the quantity of water used on or in the property or premises, as the same is measured by the water meter there in use, except as otherwise provided in this division. Water meters will be read monthly (or a period equalling once every month), bimonthly (or a period equalling once every two (2) months). Payment for the sewage service charge shall be paid to the city's collection agent at the same time payment is made for water service. (b) Schedule of rates: Monthly rates per each 100 cubic feet Bimonthly rates per each 100 cubic feet .. Supp. No. 8 2276 $1.15 1.15 § 36-56 UTILITIES § 36-56 (c) Service charge: (1) When a parcel of real estate, property or building, discharging sanitary sewage, industrial wastes, water or other approved waste, either directly or indirectly into the city's sanitary sewer system, is not a user of water supplied by the city water department and the water used thereon or therein is not measured by a water meter or is measured by a water meter not acceptable to the city, the amount of water used shall be determined by the city in such manner as the city manager may elect in order to establish the rate of charge as provided in this division, or the owner or other interested parties at his expense, may install and maintain a meter acceptable to the city for said purpose. (2) When a parcel of real estate, property or building, discharging sanitary sewage, industrial wastes, water or other approved waste, either directly or indirectly into the city's sanitary sewer system, is a user of water supplied by the city water department, and in addition uses water from another source which is not measured by a water meter or is measured by a water meter not acceptable to the city, the amount of water used shall be determined by the city in such a manner as the city manager may elect in order to establish the rate of charge as provided in this division, or the owner or other interested parties at his expense may install and maintain a meter acceptable to the city for said purpose. (3) When a parcel of real estate, property or building, discharging sanitary sewage, industrial wastes, water or other approved waste either directly or indirectly into the city's sanitary sewer system, is not a user of water supplied by the city water department, the amount of sanitary sewage, industrial wastes, water or other approved waste Supp. No. 8 2277 § 36-56 DUBUQUE CODE § 36-56 discharged into the sanitary sewer system shall be determined by the city in such a manner as the city manager may elect in order to establish the rate of charge as provided in this division, or the owner or other interested parties at his expense, may install and maintain a sewage meter acceptable to the city for said purpose. (4) The city council may, in its discretion, upon application, permit connection to the city sanitary sewer system of properties located outside the corporation limits upon such terms and conditions as it may establish; provided, however, that such terms shall not be more favorable to such property than the rates herein established for city users. (5) In order that the rates and charges may be modestly and equitably adjusted to the service rendered, the city shall have the right to base its charges not only on volume, but also on the strength and character of the sewage and wastes deposited in the system by the contributor. The city shall have the right to measure and determine the strength and content of all sewage and wastes discharged either directly or indirectly into the city's sanitary sewage system, in such manner and by such methods as it may deem practicable in the light of the conditions and circumstances of the case in order to determine the proper charge. Extra charges will be applicable and negotiated with discharges on an individual contract basis when concentration of the sewage exceeds three hundred (300) milligrams per liter of biochemical oxygen demand, three hundred fifty (350) milli- grams per liter of suspended solids or two (2) per cent or more of the flow rate into the sewage treatment plant. (6) The rates and charges may be billed the tenant or tenants occupying the properties served, unless otherwise requested in writing by the owners, but Supp. No. 8 2278 § 36-56 UTILITIES § 36-56 such billing shall in no way relieve the owner from liability in the event payment is not made as required in this division. (7) Where the quantity of water consumed is such that the minimum water service is charged, the minimum sewer service charge, according to the size of the meter, shall be as follows: Monthly Rates Meter (inches) 5/8 3/4 1 11/4 11/a 2 3 4 6 8 Meter (inches) 5/8 3/4 1 11/4 11/2 2 Minimum Charge $ 2.30 9.20 14.95 24.15 29.90 52.90 121.90 193.20 423.20 718.75 Bimonthly Rates Minimum Charge $ 4.60 18.40 29.90 48.30 59.50 105.80 Allowance (cubic feet) 200 800 1,300 2,100 2,600 4,600 10,600 16,800 36,800 62,500 Allowance (cubic feet) 400 1,600. 2,600 4,200 5,200 9,200 (Ord. No. 35-57, § 4, 4-15-57; Ord. No. 65-68, §§ 2, 3, 10-28-68; Ord. No. 48-76, §§ 1-4, 10-4-76; Ord. No. 26-79, § 1, 5-7-79; Ord. No. 19-80, § 1, 3-11-80; Ord. No. 60-80, § 1, 9-2-80) Supp. No. 8 2278.1 § 36-152 UTILITIES § 36-161 Sec. 36-152. Check valves. Every hot water system should have a check valve installed between such system and the water meter. Wherever a check valve is installed, there shall also be installed on the hot water distributing system a suitable relief valve to protect the sys- tem from excessive pressure from hot water or steam. (Ord. No. 5-59, § 33, 2-9-59) Sec. 36-153. Accuracy; testing. (a) Where the accuracy of a meter is questioned, it shall be removed by the city water department at the request of the consumer and shall be tested in his presence, in the shop of the city water department by means of the apparatus provided for that purpose. Both parties to the test must accept the findings thus made. (b) If the meter is found to register satisfactorily, the water actually flowing through it, a charge as established by the city manager, after official publication, will be made to pay the cost of conducting the test. If the meter is found to register unsatisfactorily, the water flowing through it, no charge will be made for the test and a proportional reduction will be made from the previous bill. (c) A water meter shall be considered to register satisfac- torily when it registers within two (2) per cent of accuracy. (Ord. No. 5-59, § 34, 2-9-59; Ord. No. 20-81, § 6, 5-4-81) Sec. 36-154. When read. Meters on domestic services or small users of water shall be read bi-monthly. Meters on commercial services or large users of water shall be read monthly. (Ord. No. 5-59, § 35, 2-9-59) Secs. 36-155--36-160. Reserved. DIVISION 4. RATES Sec. 36-161. Residential, commercial and industrial uses. (a) Commencing with all billings on April 1, 1981, the rates to be charged for water for residential, commercial, industrial and other uses and purposes by any person, firm Supp. No. 10 2301 § 36-161 DUBUQUE CODE § 36-161 or corporation supplied water within the city shall be fixed and determined as follows: (1) Water rates for users within the city, whose meters are read monthly, shall be as follows: Consumption Charge per (cubic feet) Hundred Cubic Feet First 3,000 $1.02 Next 12,000 0.81 Next 35,000 0.71 Next 50,000 0.62 Over 100,000 0.55 The minimum monthly charge according to size of meters shall be as follows: Meter Size Minimum Allowance (inches) Charge (cubic feet) 5/8 $ 2.04 200 3/4 8.16 800 1 13.26 1,300 1'/4 21.42 2,100 1'/2 26.52 2,600 2 43.56 4,600 3 92.16 10,600 4 140.58 16,800 6 282.58 36,800 8 453.80 62,500 (2) Water rates for users within the city, whose meters are read bimonthly, shall be as follows: Consumption Charge per (cubic feet) Hundred Cubic Feet First 6,000 $ 1.02 Next 24,000 0.81 Next 70,000 0.71 Consumption Charge per (cubic feet) Hundred Cubic Feet Next 100,000 0.62 Over 200,000 0.55 Supp. No. 10 2302 § 36-161 UTILITIES § 36-161 The minimum meters shall be Size of Meter (inches) 5/8 5/4 1 11/4 11/2 2 bimonthly charge according to size of as follows: Minimum Charge $ 4.08 16.32 26.52 42.84 53.04 87.12 Allowance (cubic feet) 400 1,600 2,600 4,200 5,200 9,200 (b) Commencing with all billings on and after April 1, 1981, the rates to be charged for water supplied by the city water department to residential, commercial, industrial and other uses and purposes by any person, firm or corporation, outside the corporation limits of the city shall be the same rates provided in subsection (a) hereof, plus an additional fifty (50) per cent to the rates listed in said subsection. (c) For all meters in service, bills will be issued monthly. When a meter is not read monthly, for any reason, bills will be issued on estimated consumption. For estimated billings, either on alternate months or when readings are not obtainable for any reason, consumption will be predicated on monthly average of past usage for the meter. For estimated bills issued for an account in which historical data is not available, billing will be predicated on the minimum charge and related consumption identified in the Code of Ordinances for the size of the meter in service for the particular account. (d) If requested by the customer, a remote reading device may be installed and billed on an installment contract over a maximum of a six-month period. (e) The proper adjustment from estimated readings will be made when an actual meter reading is obtained. The adjustment will be reflected on the customer's next regular bill. (Ord. No. 64-68, §§ 1, 2, 10-28-68; Ord. No. 15-76, §§ 1, 2, 5-3-76; Ord. No. 33-76, §§ 1, 2, 7-6-76; Ord. No. 18-80, § 1, 3-11-80; Ord. No. 13-81, § 1, 3-10-81; Ord. No. 20-81, § 7, 5-4-81) Supp. No. 10 2303 § 36-162 DUBUQUE CODE § 36-168 Sec. 36-162. Fire sprinkler service. Customers who have fire sprinkler service shall be billed for this service on a monthly basis. This monthly charge will be included on the customer's regular monthly bill for which charges are fixed and determined as follows: Number of Heads Monthly Charges Up to 200 (minimum monthly charge) $ 8.33 200-300 10.00 300-400 11.67 400-600 13.33 600-800 15.00 800-1000 16.67 1000-1200 18.33 1200-1400 20.00 1400-1600 21.67 1600-1800 23.33 1800-2000 25.00 2000-2200 26.67 2200-2400 28.33 2400-2600 30.00 2600-2800 31.67 2800-3000 33.33 3000-3500 35.00 Over 3500 (for each additional 500 heads or fraction thereof) 1.67 (Ord. No. 64-68, § 3, 10-28-68; Ord. No. 15-76, § 3, 5-3-76; Ord. No. 20-81, § 8, 5-4-81) Sec. 36-163. Construction use. (a) When a temporary water service is desired for con- struction work, application shall be made to the superintendent of the water department. A deposit equal to the actual cost of the meter and fittings shall be paid in advance. The applicant shall guarantee payment of such water service charges and return said meter in good condition. (b) The applicant shall thereupon install a suitable meter, furnished by the water department, and shall pay for all Supp. No. 10 2304 APPENDIX A ZONING* Art. I. Establishment of Districts; Provisions for Official Zoning Map and Interpretation and Amendment There- of, § 1-101-1-103 Art. II. Non -Conforming Lots, Uses of Land, Uses of Structures and Premises, and Characteristics of Use: Amortization Pro- visions, §§ 2-101-2-108 Art. III. General Provisions, §§ 3-101-3-106 Art. IV. District Regulations, §§ 4-101-4-121 Art. V. Supplementary District Regulations, §§ 5-101-5-108 Art. VI. Board of Adjustment: Powers and Duties: Variances: Condi- tional Uses, §§ 6-101-6-108 Art. VII. Administration and Enforcement; Required Permits and Cer- tificates, §§ 7-101-7-103 Art. VIII. Amendments and Zoning Reclassification; Procedures and Policies, §§ 8-101-8-104 Art. IX. Violations and Penalties, §§ 9-101-9-103 Art. X. Schedule of Fees, §§ 10-101, 10-102 Art. XI. Definitions Art. XII. Adoption and Repeal of Conflicting Ordinances, §§ 12-101, 12-102 ORDINANCE NO. 32-75 AN ORDINANCE ESTABLISHING COMPREHENSIVE ZON- ING FOR THE CITY OF DUBUQUE, IOWA, AND PRO- VIDING FOR THE ADMINISTRATION, ENFORCEMENT AND AMENDMENT THEREOF, IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 414, CODE OF IOWA 1975, AND FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH: *Editor's note—Appendix A sets out the Zoning Ordinance, being Ordinance No. 32-75 as the same was enacted by the city on August 4, 1975. Due to the statutory requirements relative to the enactment and amendment of such an ordinance, incorporation thereof into a Code of Ordinances is not deemed advisable, hence its inclusion as an appendix hereto for the benefit and convenience of the user of this Code. Cross references—Buildings and building regulations, Ch. 10; commu- nity development, Ch. 111/2 ; electrical regulations, Ch. 13; fire prevention and protection, Ch. 14; flood damage control, Ch. 15; heating, air conditioning and ventilating, Ch. 19; historical preservation, Ch. 191/2 ; housing regulations, Ch. 20; planning, Ch. 29; plumbing, Ch. 30; -streets, sidewalks and public places, Ch. 33; subdivision regulations, Ch. 34. Supp. No. 7 2469 DUBUQUE CODE WHEREAS, Chapter 414 of the Code of Iowa 1975 em- powers the City of Dubuque, Iowa to enact a zoning ordinance and to provide for its administration, enforcement, and amend- ment ; and WHEREAS, the City Council deems it necessary for the pur- pose of promoting the health, safety, morals and general wel- fare of the city to enact such an ordinance ; and WHEREAS, the City Council pursuant to the provisions of Chapter 414 of the Code of Iowa 1975 has appointed a Zoning Commission to recommend the boundaries of the original districts and appropriate regulations to be enforced therein ; and WHEREAS, the Zoning Commission has divided the City into districts of such number, shape and area as are deemed best suited to carry out the purposes of this ordinance and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, flood, panic, and other dangers ; to promote health and the general welfare, to provide adequate light and air, to prevent the overcrowding of land ; to avoid undue concentration of population, to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements ; and WHEREAS, the Zoning Commission has given reasonable consideration, among other things, to the character of the area of the district and the peculiar suitability of such area for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City ; and WHEREAS, the Zoning Commission has made a preliminary report and held public hearings thereon, and has thereafter submitted its final report to the City Council ; and WHEREAS, the City Council has given due public notice of hearings relating to zoning districts, regulations, and re- strictions, and hasheld such public hearings ; and WHEREAS, all requirements of Chapter 414 Code of Iowa 1975 with regard to the preparation of the report of the Zon- Supp. No. 7 2470 § 1-103 APPENDIX A—ZONING § 2-102 sified in an AG Agricultural District, and shall remain in that classification pending request for reclassifica- tion in accordance with the provisions of Section 8-102 of this ordinance. (Ord. No. 26-77, § 1, 5-2-77) ARTICLE II. NON -CONFORMING LOTS, USES OF LAND, USES OF STRUCTURES AND PREMISES, AND CHARACTERISTICS OF USE : AMORTIZATION PROVISIONS Section 2-101 General statement of intent Within the districts established by this ordinance or amend- ments that may later be adopted there exist 1. lots; 2. structures; 3. uses of land and structures ; 4. characteristics of uses, which were lawful before this ordinance was passed or amend- ed, but which would be prohibited, regulated, or restricted under the terms of this ordinance or future amendment. It is the intent of this ordinance to discourage the continuance of such nonconformities and, in some cases, to require their removal within a reasonable period of time. It is further the intent of this ordinance that existing non -conformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited else- where in the same district. Section 2-102 Extension or enlargement of non -conformities in general Non -conforming uses are declared by this ordinance to be incompatible with permitted uses in the district involved. A non -conforming use of a structure, a non -conforming use of land, or a non -conforming use of structures and land in com- bination shall not be extended or enlarged after passage of this ordinance by attachment on a building or premises of Supp. No. 2 2474.1 § 2-102 DUBUQUE CODE § 2-102 additional signs intended to be seen from off the premises, or by the addition of other uses, of a nature which would be prohibited generally in the district involved. To avoid undue hardship, nothing in this ordinance shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this ordinance and upon which actual building construction has been carried on diligently. Actual construc- tion is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Supp. No. 2 2474.2 § 2-103 APPENDIX A -ZONING § 2-104 Section 2-103 Non -conforming lots of record In any district in which single family dwellings are permit- ted, a single family dwelling and customary accessory build- ings may be erected on any single lot of record at the effective date of adoption or amendment of this ordinance, notwith- standing limitations imposed by other provisions of this ordinance. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. These provisions shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than those applying to the area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this ordinance, and if all or part of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purpose of this ordinance, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area re- quirements established by this ordinance, nor shall any divi- sion of any parcel be made which creates a lot with width or area below the requirements stated in this ordinance. Section 2-104 Non -conforming uses of land (or land with minor structures only) Where at the time of passage of this ordinance, lawful use of land exists which would not be permitted by the regulations imposed by this ordinance, and where such use involves no in- dividual structure with a replacement cost exceeding one thousand dollars ($1,000), the use may be continued so long as it remains otherwise lawful, subject to any applicable pro- visions of Section 2-109 of this Article, provided that: 2-104.1 No such non -conforming use shall be enlarged or increased nor extended to occupy a greater area of land 2475 § 2-104 DUBUQUE CODE § 2-105 than was occupied at the effective date of adoption or amendment of this ordinance ; and 2-104.2 No such non -conforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of this ordinance ; and 2-104.3 If any such non -conforming use of land ceases for any reason for a period of more than 30 days, any subsequent use of such land shall conform to the regulations specified by this ordinance for the district in which such land is located, except as otherwise pro- vided under Section 2-106.3 of this Article; and 2-104.4 No additional structure shall be erected in connec- tion with such non -conforming use of land. Section 2-105 Non -conforming structures Where a lawful structure exists at the effective date of adoption or amendment of this ordinance that could not be built under the terms of this ordinance by reason of restric- tions on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to any applicable provisions of Section 2-109 of this Article, provided that: 2-105.1 No such non -conforming structure may be repaired, reconstructed, enlarged or altered in a way which in- creases its non -conformity, but any structure or portion thereof may be altered to decrease its non -conformity. 2-105.2 Should such non -conforming structure or non -con- forming portion of structure be destroyed by any means to an extent of more than fifty per cent (50%) of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this ordinance, except as may be allowed by Section 2-105.3. 2476 § 2-105 APPENDIX A -ZONING § 2-105 2-105.3 Repair and reconstruction of certain non -conform- ing residential structures permitted 2-105.3.1 Statement of intent The provisions of this ordinance are intended to preserve property values, avoid hardships to prop- erty owners, and promote the conservation of cer- tain pre-existing, non -conforming residential dwell- ing units built on unusually narrow lots by allow- ing the total reconstruction of such structures when they are substantially destroyed by accident or act of God. The limited exemption from district regulations authorized by this Section should be narrowly construed, and nothing in this Section should be interpreted as authorizing any change in an existing or hereafter reconstructed structure which would increase in any manner or degree such structure's non -conformity with the provisions of this ordinance. 2-105.3.2 Reconstruction of certain non -conforming residential structures permitted, subject to conditions In the event of destruction town extent exceeding fifty per cent (50% ) of its replacement value, any single family dwelling, duplex, townhouse, or mul- tiple family dwelling containing not more than four (4) dwelling units may be reconstructed to its former condition and dimensions without regard to the yard, bulk or lot requirements of this ordi- nance, but only provided that: 1) Such destruction was caused by an accident or act of God occurring after the effective date of this ordinance; and 2) The structure is a permitted structure in the district in which it is located and was in ex- istence prior to the effective date of this ordi- nance; and 2477 § 2-105 DUBUQUE CODE § 2-106 3) The lot on which the destroyed dwelling is lo- cated is not of continuous frontage with any other lot held in the same ownership ; and 4) The lot on which the destroyed structure is located has a frontage of not more than forty (40) feet; and 5) The reconstructed structure does not increase its prior non -conformity in any manner or degree with regard to the number or size of dwelling units, required yards or lot area, required off-street parking spaces, or other provisions of this ordinance. The burden of proof shall be upon any person seeking to rely on these provisions to demonstrate to the Zoning Administrator that the reconstructed structure will not further increase its non- conformity with this ordinance. Section 2-106 Non -conforming uses of structures or of struc- tures and premises in combination If lawful use involving individual structures with replace- ment cost of one thousand dollars ($1,000) or more, or of structure and premises in combination, exists at the effective date of adoption or amendment of this ordinance, that would not be allowed in the district under the terms of this ordi- nance, the lawful use may be continued so long as it remains otherwise lawful, subject to any applicable provisions of Section 2-109 of this Article, and provided that: 2-106.1 No existing structure devoted to a use not permitted by the ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located; 2-106.2 Any non -conforming use may be extended through- out any parts of a building which were manifestly ar- ranged or designed for such use at the time of adoption 2478 § 2-106 APPENDIX A -ZONING § 2-106 or amendment of this ordinance but no such use shall be extended to occupy any land outside such building; 2-106.3 A Conditional -Use Permit may be obtained to allow any non -conforming use of a structure or of a structure and premises to be changed to another non -conforming use, but only in accordance with the applicable pro- visions of Article VI of this ordinance. 2-106.4 Any structure, or structure and land in combina- tion, in or on which a non -conforming use is superseded by a permitted use, shall thereafter conform to the reg- ulations for the district, and the non -conforming use may not thereafter be resumed. 2-106.5 When a non -conforming use of a structure, or struc- ture and premises in combination is discontinued or abandoned for six consecutive months or for 18 months during any three-year period (except when government action impedes access to the premises), the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regu- lations of the district in which it is located, except as otherwise provided under Section 2-106.3 of this Arti- cle. 2-1ff6.6 Where non -conforming use status applies to a struc- ture and premises in combination, removal or destruc- tion of the structure shall eliminate the non -conforming status of the land. Destruction for the purposes of this subsection is defined as damage to an extent of more than 50 percent of the replacement cost at the time of destruction ; 2-106.7 Any lawful use of a structure, or of a structure and premises in combination made non -conforming by the adoption or amendment of this ordinance may be con- tinued as herein prescribed, and such non -conforming status shall not be grounds for denial of any permit, license, or other official authorization necessary for continuance of such non -conforming use. Any lawful non -conforming business use shall be deemed to be 2479 § 2-106 DUBUQUE CODE § 2-109 within a business district for the purpose of issuance of required permits or licenses. Nothing in this pro- vision shall be interpreted to permit the establishment of any non -conforming use not in lawful existence on the date of adoption or amendment of this ordinance. Section 2-107 Limitation on repairs and maintenance of struc- tures or portions of structures containing non- conforming uses On any structure or portion of a structure which contains a non -conforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring, or plumbing, to an extent not exceeding ten (10) percent of the current replacement cost of the structure or portion of the structure containing a non -conforming use as the case may be. If a structure or portion of a structure containing a non- conforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by any duly authorized official to be unsafe or unlawful by reason of physi- cal condition, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the dis- trict in which it is located. Section 2-108 Uses under conditional use permit provisions not non -conforming uses Any use which is permitted as a Conditional Use in a dis- trict under the terms of this ordinance (other than a change through Board of Adjustment action from a non -conforming use to another non -conforming use not generally permitted in the district) shall not be deemed a non -conforming use in such district, but shall without further action be considered a conforming use. Section 2-109 Amortization provisions [Reserved for future use] 2480 § 8-104 APPENDIX A -ZONING § 9-101 days nor more than twenty (20) days prior to the public hearing announced therein. Only one posting shall be required in any event, and posting by the Council shall not be required where the Commission has posted the property previously. 8-104.4 Mail Notice Required to Nearby Property Owners in Reclassification Requests It is the intent of this Section to require that a reason- able effort be made to notify by mail those property owners whose property is being considered for reclassi- fication and those adjacent owners of property within two hundred feet (200') therefrom, prior to the first public hearing at which the reclassification request will be considered. Where the Commission has acted to set a public hearing on a reclassification request, the Com- mission shall take reasonable steps to give notice of the time, place, and subject of the hearing by certified mail to all property owners within two hundred feet (200') of the property for which reclassification is re- quested, and to the owner (s) of the property included in such request. Where no Commission hearing is held the Council .shall be responsible for mailing such no- tice. Only one mailing shall be required in any event, and mail notice by the Council shall not be required where the Commission has set its own public hearing on the request. In all cases, however, the notice shall be mailed not less than ten (10) days prior to the public hearing announced therein. ARTICLE IX. VIOLATIONS AND PENALTIES Section 9-101 Violations punished as misdemeanors; penalties Any person who violates, disobeys, omits, neglects, or re- fuses to comply with any provisions of this ordinance, or who erects, alters, repairs or maintains any use, building or struc- ture in violation of any requirement, provision, or regulation of this ordinance, or who fails to perform any act or duty re- quired by this ordinance, or who violates any lawful order 2635 § 9-101 DUBUQUE CODE § 10-101 issued by the Zoning Administrator, or who violates any con- dition, limitation, safeguard or requirement established in connection with any building permit, variance, or Conditional Use Permit, or other permit shall be guilty of a misdemeanor, and shall be fined not more than $100, or imprisoned for not more than thirty (30) days, and in addition shall pay all costs and expenses involved in the case. Section 9-102 Separate offenses declared for each day of violation Each day or portion thereof during which a violation of this ordinance is committed, maintained, or continued shall con- stitute a separate offense. Section 9-103 Accessories to violations punishable as princi- pals The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains a violation of this ordinance may each be found guilty of a separate offense and punished as provided herein. ARTICLE X. SCHEDULE OF FEES Section 10-101 Schedule adopted Fees for the administrative review functions and other matters set forth in this ordinance shall be as provided in Table 10-101, "Schedule of Fees", hereby adopted by reference and declared to be a part of this ordinance. Table 10-101 Schedule of Fees FUNCTION 1. Site Plan Review No fee 2. Application for Certificate of Zoning Compliance No fee 3. Requests for Amendment to this ordinance [See Sec- tion 8-102 of this ordi- nance]. No fee 2636 FEE. § 10401 APPENDIX A—ZONING FUNCTION 4. Planned Unit Development Procedures (including re- quested expansions of C-6 or ID Districts subject to PUD procedures: a. Preliminary Develop- ment Review b. Final Development Plan Review 5. Requests for Reclassifica- tion of Property : a. Any reclassification re- quest made by a disin- terested Commission or Council member to cor- rect an alleged error or mistake b. All other substantial re- classification request's as defined in Section 8-103.3 c. All other reclassifica- tion requests not cover- ed in a or b above 6. Application for Variance 7. Appeals to the Board of Adjustment from the le- sion of an administrative official No fee 8. Application for Condition al Use Permit $50.00 9. Application for Temporary Sign Certificate $10.00 (Ord. No. 1-76, § 1, 1-26-76; Ord. No. 23-76, § 1, 6-21-76; Ord. No. 33-81, § 1, 6-15-81; Ord. No. 43-82, § 6, 8-9-82) § 10-101 FEE $50.00 plus $10.00 for each acre or portion thereof, not to exceed $150.00 $50.00, plus $1.00 per lot No fee $50.00 plus $10.00 for each acre or portion thereof, not to exceed $150.00 plus notice costs. $40.00 plus notice costs $40.00 Supp. No. 15 2637 § 10-102 DUBUQUE CODE Art. XI Section 10-102 Collection of fees Except as otherwise specifically provided herein, the Zoning Administrator shall collect and maintain all fees required under this ordinance, and shall keep a separate account of the same which shall be expended as Council directs to defray the costs of administration and enforcement of this ordi- nance. ARTICLE XI. DEFINITIONS The following definitions of words or phrases shall be used in the interpretation and construction of this ordinance, un- less the context clearly requires otherwise: Accessory — incidental and subordinate to another use or structure on the same lot. Accessory use or structure — a use or structure which is permitted on the same lot with, and is of a nature custo- marily incidental and subordinate to, a principal use or struc- ture. Arterial street — a public street classified as an arterial street on the most recent Functional Street Classification Map in the City Engineer's Office. Building — any structure whether temporary or permanent, designed, built, or used as a shelter or roofed enclosure for persons, animals or property, and entirely separated on all sides from any other structure. This definition shall be con- strued broadly and shall include tents, trailers, vehicles, awn- ings or any other structures used as a building. Building height — the vertical distance from the mean ele- vation of the finished lot grade at the front of a building to the highest point of the under side of the ceiling beams, in the case of a flat roof ; to the deck line of a mansard roof ; and to the mean level of the under side of the rafters between the eaves and the ridge of a gable, hip or gambrel roof. Boarding house — any building or portion thereof, con- taining a single dwelling unit, wherein meals or lodging, or Supp. No. 15 2638 Art. XI APPENDIX A—ZONING Art. XI both, are provided for direct or indirect compensation to not less than three (3) and not more than ten (10) unrelated persons. Supp. No. 15 2638.1 CODE COMPARATIVE TABLE Section Ord. No. Date Section this Code 6 App. A, § 4-109.4(1) 7 App. A, § 4-109.6 3-82 2- 1-82 1 2-81 7-82 2-22-82 1 38-68(a) 2 38-68(a), (b) 3 Rpld 38-69-38-71 Added 38-69,38-70 5 Rnbd 38-72-38-76 as 38-71-38-75 8-82 2-22-82 1 24-27 10-82 3- 8-82 1 91/2 -32(a) 2 9 1/2 -32(c) 3 9'/2-32(e)(4) 4 9'/2 -32(g) 11-82 3-11-82 1 Rpld 7-16-7-24, 7-31-7-38, 7-45-7-50 Added 7-16-7-24, 7-31-7-41, 7-45-7-50 12-82 3-11-82 1 16-36 13-82 3-11-82 1 Rpld 14-70,14-74 Added 14-70 14-82 3-15-82 1, 2 19'/2-6.2 15-82 4- 7-82 1 25-209(b) 16-82 4- 7-82 1, 2 25-210(b) 17-82 4- 7-82 1 25-212(bX4) 18-82 4- 7-82 1 25-257(d) 20-82 4-12-82 1 36-183(w) 21-82 4-12-82 1 17-1 2 17-3-17-5 22-82 4-12-82 1 Rpld 27-86-27-95 23-82 5- 3-82 1 27-49 2 27-74 3 Rpld 27-101, 27-102, 27-106, 27-107 Added 27-67(a) 24-82 5- 3-82 1 38-74(a) 26-82 5-17-82 1 5-8 27-82 5-17-82 1 Rpld 27-1, 27-21-27-24, 27-34, 27-77-27-84 Added 27-16-27-27, 27-33, 27-34, Supp. No. 16 27-46 2985 Ord. No. DUBUQUE CODE Section Date Section this Code 28-82 6- 7-82 1 App. A, § 4-113.3 29-82 6- 7-82 1 2-9 31-82 7- 6-82 1 Rpld 27-26 32-82 7- 6-82 1 27-49(c) 33-82 7- 6-82 1 Rpld 32-5 34-82 7- 6-82 1 Rpld 14-10-14-13 35-82 7- 6-82 1 Rpld 14-46-14-61 Added 14-46-14-49 36-82 7- 6-82 1 Rpld 14-67-14-74 Added 14-55-14-58 37-82 7- 6-82 1 2-69 38-82 8- 2-82 1 App. A, § 4-121 41-82 8- 2-82 1 Rpld 24-98-24-111 Added 24-98-24-101 42-82 8- 2-82 1 Rpld 24-33, 24-34 Added 24-33 43-82 8- 9-82 1 App. A, § 5-104.4(m) 2 App. A, § 5-105.5(a) 3 App. A, § 5-105.11 4, 5 App. A, § 5-105.2 (table) 6 App. A, § 10-101(9) 45-82 8-16-82 1 Rpld 6-17-6-20, 6-22, 6-29 Added 6-29 46-82 8-16-82 1 36-183(i)(1) 51-82 9- 7-82 1 25-210(b) 52-82 9-13-82 2 25-183(3), (4) 53-82 10- 4-82 1 12-36(b) 54-82 10- 4-82 1 Rpld 11-16-11-25 Added 11-16-11-23 55-82 10-11-82 1 27-90 56-82 10-18-82 1 25-210(b) 58-82 12- 6-82 1 7-45(b) 59-82 12- 6-82 1 14-70-14-73 61-82 12-20-82 1 35-11 Supp. No. 16 2986 [The next page is 30011 CODE INDEX Section Inspections 18-19 Licenses Ambulance license Applications 18-29 Change of ownership, termination upon 18-35 Defacing, etc., official entry _-__--_-_-' 18-88 Inspection of vehicles, equipment, etc. re - 18'81 Insurance requirements _' _-- 18'80 Investigation of applicant -__--- '' 18-32 Issuance in general 18-32 Issuance, prerequisites 18-31 Renewal 18-43 Required --' -'- 18-28 Suspension, revocation 18-42 Transfer of 18-34 Attendant -driver's license Application - 18-37 Defacing, altering 18-41 Investigation of applicant 18'38 Issuance 18-39 Qualifications of applicants 18'39 Renewal 18-43 Required for operation 18-36 Suspension, revocation - _'--_-� -� _-`_.. - 18-42 Transferability 18-40 Exemptions _' '_'-_' 18'44 Renewal - -___-'-----___-_---._-_ 18-48 Services in existence on certain dates - --_- - 18-45 Supp. No. 14 3006.1 CODE INDEX AMBULANCES—Cont'd. Section Records, keeping . 18-20 Standards Equipment and design 18-18 Generally 18-17 AMENDMENTS TO CODE Generally. 1-7 Code of ordinances. See that title AMPLIFIERS Noise control traffic provisions 25-59 et seq. Traffic. See that title Prohibited noises, noise regulations, etc. 26-139 et seq. Noises. See that title AMUSEMENTS AND AMUSEMENT PLACES Billiards. See hereinbelow: Poolrooms and Billiard Parlors Bowling alleys 6-43 et seq. Bowling alleys. See that title Circuses, carnivals and menageries 6-58 et seq. Circuses, carnivals and menageries. See that title Dancing. See hereinbelow: Public Dances and Dance Halls Open air shows . 6-75 et seq. Open air shows. See that title Poolrooms and billiard parlors 6-16 et seq. Poolrooms and billiard parlors. See that title Public dances and dance halls __. 6-90 et seq. Public dances and dance halls. See that title Roller skating rinks 6-145 et seq. Roller skating rinks. See that title Shooting galleries 6-114 et seq. Shooting galleries. See that title Theaters and halls 6-128 et seq. Theaters and halls. See that title ANIMALS AND FOWL Baby chickens, rabbits, ducklings, etc. Sale, borrowing, giving away, etc. ?-1 Dead animals Notification to police or health officer 7-48 Dogs and cats City manager's authority 7-20 Confinement Authorized re rabid animals 7-46 Female dogs in heat 7-19 Impoundment provisions. See within this subtitle: Im- poundment Supp. No. 13 3007 DUBUQUE CODE ANIMALS AND FOWL—Cont'd. Section Definitions 7-16 Emergency, proclamation of re rabies Prohibited actions 7-50 Fees. See within this subtitle specific subjects Female dogs in season 7-19 Harboring vicious dog or cat 7-17 Impoundment Disposition of unredeemed dogs or cats 7-24 Fees 7-23 Generally 7-21 Notice to owners of licensed dogs or cats 7-22 Redemption 7-23 Inspection; consent implied from application and receipt 7-41 License Application 7-32 Cats Expiration; renewal 7-36 License fee 7-35 Delinquent 7-36 Consent implied from application and receipt 7-41 Dogs Expiration; renewal 7-34 License fee 7-33 Delinquent 7-34 Duplicate license fee 7-40 Issuance 7-37 Office designated 7-31 Tags Attached, to be 7-39 Not transferable 7-38 Notices Dead animals; notification to police or health officer 7-48 Health officer, to; reporting rabies 7-47 Nuisances 7-18 Female dogs in heat 7-19 Parks, in 27-39 Quarantine re rabies control 7-46 Rabies control Confinement authorized 7-46 Harboring known rabid dog, cat or other domestic animal Punishment for 7-49 Notification to police or health officer of dead animals 7-48 Prohibited actions after mayor's proclamation of emergency 7-50 Reporting rabies Notice to health officer 7-47 Vaccination required 7-45 Supp. No. 13 3008 CODE INDEX ERADICATORS Section Rat control 24-78 et seq. Rat control. See that title ETHNIC RELATIONS Human relations provisions 21-1 et seq. EXCAVATIONS Guard railings on streets, removal 33-7 Street and sidewalk excavations . 33-48 et seq. Streets and sidewalks. See that title EXHAUST DISCHARGES Prohibited noises, noise regulations, etc. 26-139 et seq. Noises. See that title EXHIBITIONS Amusement place regulations 6-16 et seq. Amusements and amusement places. See that title Open air shows 6-75 et seq. Open air shows. See that title EXPECTORATING Streets, in 33-3 EXPLOSIVES AND BLASTING AGENTS Blasting Bonds 26-45 Definitions 26-44 Permits Applicant's responsibility for costs of city inspector 26-48 Application 26-56 Bond and fee 26-56 Issuance 26-57 Prerequisites to 26-56 Required 26-55 Qualifications of person in charge 26-46 Safeguards, authority to require 26-47 Firearms, discharging 26-13 Firearms and weapons. See that title Storage of dynamite, gunpowder, etc. 26-10 Streets, discharging fireworks or explosives on 33-1 F FALSE AND FRAUDULENT REPORTS Reporting 26-6 FEDERAL AVIATION REGULATIONS Airport regulations adopted 4-3 Airports and aircraft. See that title Supp. No. 14 3035 DUBUQUE CODE FEMALE DOGS Section In season 7-19 FENCES, WALLS, HEDGES AND ENCLOSURES Junk and salvage operations, fencing 22-5 Livestock keeping restrictions 7-2 Animals and fowl. See that title Park fences, climbing on 27-63 Parks and recreation. See that title Swimming pool fencing requirements 10-37 FIGHTING Disturbing the peace 26-2 FILLING STATIONS. See: Gasoline Service Stations, Etc FINANCES Bonds, approval 2-4 Industrial revenue bonds 11 1/2 -126, 11 1/2 -127 Industrial projects. See that title City treasurer 2-159 et seq. City treasurer. See that title Deposits of municipal funds by employees 2-73 Fiscal year designated 2-3 General special assessment fund 2-6 Industrial revenue bonds 11 1/2 -126, 11 1/2 -127 Industrial projects. See that title Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code FINES, FORFEITURES AND PENALTIES General penalty 1-8 Code of ordinances. See that title FIRE ALARM SYSTEM Damaging, interfering with 14-10 FIRE DEPARTMENT Bicycles following fire apparatus 9-4 Bureau of fire prevention 14-32 et seq. Fire prevention. See that title Emergency succession in office 2-199 et seq. Emergency succession. See that title Interference with, resisting, obstructing 26-5 Service outside city 14-25 FIRE EXTINGUISHERS Service station fire extinguishers 14-50 Gasoline service stations and tank trucks. See that title Supp. No. 14 3036 CODE INDEX PLANNING AND ZONING COMMISSION Section Appointment 29-16 Compensation 29-18 Composition 29-16 Created 29-16 Organization 29-19 Powers General powers 29-20 Terms of office 29-17 Vacancies, filling 29-17 PLANTS Trees and shrubbery. See that title PLAZAS Street defined to include 1-2 Streets in general. See: Streets and Sidewalks PLUMBING Code Adopted 30-1 Amendments 30-2 et seq. Master plumbers and journeymen Licensing and examinations 30-4 Permit fees 30-3 POLICE DEPARTMENT Bicycle registration 9-22 et seq. Bicycle. See that title Burglary and robbery alarm permits 31-4 et seq. Burglary and robbery alarm permits. See that title Dance halls, employment of police officer in 6-96 Public dances and dance halls. See that title Dead dogs, notification re 7-48 Emergency succession in office 2-199 et seq. Emergency succession. See that title False or fraudulent reports 26-6 Impersonating an officer 31-1 Interfering, obstructing, etc. 26-5 Moving buildings, police escort for 10-44(b) Construction, demolition and moving of buildings. See: Buildings Police whistles, using 31-2 Refusing admittance to officers 31-3 Threatening policeman 26-5 POLITICAL ACTIVITY City manager, restrictions regarding 2-108 et seq. Supp. No. 15 3071 DUBUQUE CODE POOLROOMS AND BILLIARD PARLORS Section Definitions 6-16 Licenses Fees 6-30 Required 6-29 Revocation 6-31 POSTING BILLS Advertising. See that title Parks, in 27-59 Parks and recreation. See that title POULTRY Animals in general. See: Animals and Fowl Chickens, rabbits and ducklings Sales restricted 7-1 POWER EQUIPMENT Noises prohibited 26-140, 26-143 POWER SERVICES Specifications 13-16 Electrical code 13-1 et seq. PREJUDICE AND DISCRIMINATION Human relations provisions 21-1 et seq. PROCESS. See: Writs, Warrants and Other Processes PROCLAMATION Emergency powers of mayor 2-84 Mayor's emergency proclamations, obedience 11-1 Civil defense. See that title PROFESSIONS Occupational license requirements in general 24-1 et seq. Licenses and permits. See that title PROJECTING SIGNS Construction 3-53 PROPERTY Acquisition, condemnation, dedication, etc. Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting or- dinance of this code Damaging, defacing Generally 26-15 Grade stakes, etc., removing 26-16 Public park property 27-52 et seq. Parks and recreation. See that title Trees, plants, shrubs, flowers 26-17 Supp. No. 15 3072 CODE INDEX PLANNING AND ZONING COMMISSION Section Appointment 29-16 Compensation 29-18 Composition 29-16 Created 29-16 Organization 29-19 Powers General powers 29-20 Terms of office 29-17 Vacancies, filling 29-17 PLANTS Trees and shrubbery. See that title PLAZAS Street defined to include 1-2 Streets in general. See: Streets and Sidewalks PLUMBING Code Adopted 30-1 Amendments 30-2 et seq. Master plumbers and journeymen Licensing and examinations 30-4 Permit fees 30-3 POLICE DEPARTMENT Bicycle registration 9-22 et seq. Bicycle. See that title Burglary and robbery alarm permits 31-4 et seq. Burglary and robbery alarm permits. See that title Dance halls, employment of police officer in 6-96 Public dances and dance halls. See that title Dead dogs, notification re 7-48 Emergency succession in office 2-199 et seq. Emergency succession. See that title False or fraudulent reports 26-6 Impersonating an officer 31-1 Interfering, obstructing, etc. 26-5 Moving buildings, police escort for 10-44(b) Construction, demolition and moving of buildings. See: Buildings Police whistles, using 31-2 Refusing admittance to officers 31-3 Service charges 31-18 Threatening policeman 26-5 POLITICAL ACTIVITY City manager, restrictions regarding 2-108 et seq. Supp. No. 17 3071 DUBUQUE CODE POOLROOMS AND BILLIARD PARLORS Section Definitions 6-16 Licenses Fees 6-30 Required 6-29 Revocation 6-31 POSTING BILLS Advertising. See that title Parks, in 27-59 Parks and recreation. See that title POULTRY Animals in general. See: Animals and Fowl Chickens, rabbits and ducklings Sales restricted 7-1 POWER EQUIPMENT Noises prohibited 26-140, 26-143 POWER SERVICES Specifications 13-16 Electrical code 13-1 et seq. PREJUDICE AND DISCRIMINATION Human relations provisions 21-1 et seq. PROCESS. See: Writs, Warrants and Other Processes PROCLAMATION Emergency powers of mayor 2-84 Mayor's emergency proclamations, obedience 11-1 Civil defense. See that title PROFESSIONS Occupational license requirements in general 24-1 et seq. Licenses and permits. See that title PROJECTING SIGNS Construction 3-53 PROPERTY Acquisition, condemnation, dedication, etc. Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting or- dinance of this code Damaging, defacing Generally 26-15 Grade stakes, etc., removing 26-16 Public park property 27-52 et seq. Parks and recreation. See that title Trees, plants, shrubs, flowers 26-17 Supp. No. 17 3072 CODE INDEX WATER AND SEWERS---Cont'd. Section Service pipes Required depth of 36-135 Service shutoffs and valve boxes 36-127 Services installed and maintained at expense of owner 36-136 Stop box 36-129 Stopcock 36-131 Turning on service City only to turn on service 36-99 City's responsibility 36-98 Waste cock 36-131 WARFARE Emergency location for city government 2-5 WATER CLOSETS Plumbing regulations 30-1 et seq. Plumbing. See that title WATER DAMAGED GOODS SALES Going -out -of -business sales regulations 24-60 et seq. Going -out -of -business sales. See that title WATER HEATING FACILITIES Housing standards 20-74 Housing. See that title WATER PLANT SUPERVISOR Emergency succession in office 2-199 et seq. Emergency succession. See that title WATERFRONT Boats, boating, docks and waterfront _ 9 1/2 -1 et seq. Boats, boating, docks and waterfront. See that title WEAPONS. See: Firearms and Weapons WEEDS AND BRUSH Duty of owner to remove 37-49 Notice to owner to remove 37-50 Compliance with removal notice required 37-51 Failure to comply 37-53 Removal by city after owner's failure, etc. 37-52 WEIGHTS AND MEASURES Central market Weights and measuring devices, etc. 24-33 City sealer ____—____— 24-98 Supp. No. 15 3115 DUBUQUE CODE WEIGHTS AND MEASURES—Cont'd. Section Testing of apparatus ._____ _____ 24-100 Violations, penalties ._____--_ 24-101 WILDLIFE Interfering with park animals .___—___—________ 27-56 WINE AND BEER Alcoholic beverage regulations __ 5-1 et seq. Alcoholic beverages. See that title WORDS AND PHRASES General definitions for interpreting code 1-2 WRITS, WARRANTS AND OTHER PROCESSES Clerk, service of notices, etc. 2-119 Defacing legal notices, etc. 3-2 WRITTEN, IN WRITING Definitions for interpreting code 1-2 Y YARDS Livestock keeping restrictions Animals and fowl. See that title 7-2 YEAR, FISCAL Designated -- - 2-3 YEAR, MONTH Defined 1-2 Z ZONING (Appendix A) (Note—References are to section numbers of the zoning appendix A, however, certain references and cross references are to chapter and section numbers of the code itself) Accessory buildings, structures or uses Accessory use provisions General provisions _ 5-101.1 Home occupations __--____— 5-101.3 Off-street parking and storage of vehicles in residential districts Special regulations governing —___ 5-101.4 Permitted accessory uses ._ 5-101.2 Application and scope 3-103.3 District requirements. See herein specific districts Supplementary requirements 5-101 Supp. No. 15 3116 CODE INDEX ZONING (Appendix A)—Cont'd. Section Administrator. See hereinbelow: Zoning Administrator Adoption and repeal. See within this title: Provisions Adult entertainment establishments (theaters, book- stores, etc.) Application and scope of regulations 5-108.2 Definitions 5-108.3 General statement of intent 5-108.1 Location and spatial separation of establishments Regulations governing 5-108.4 Specified sexual activities, specified anatomical areas Definitions 5-108.3 AG -Agricultural district regulations. Enumerated 4-102 Airport zoning commission 4-47 et seq. Airports and aircraft. See that title Amendments and zoning reclassification General statement of intent 8-101 Hearing and notice procedures 8-104 Ordinance amendment procedure 8-102 Procedures and policies 8-101 et seq. Provisions. See within this title that subject Reclassification posting 8-104 Reclassification procedure 8-103 Amortization provisions 2-109 Annexation Classification of annexed territory 1-103.5 Appeals Board of adjustment. See hereinbelow that subject Area Yards and open spaces. See within this title that subject Board of adjustment Appeals from decisions of 6-108 Appeals to the board Standards and procedures 6-105 Conditional use permits 6-106 Establishment _ 6-101 General powers ___ 6-104 Membership __ _. 6-102 Rules, meetings, general procedure 6-103 Variances 6-107 Bookstores Adult entertainment establishments. See within this title that subject Supp. No. 15 3116.1 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 Buildings, structures and uses of the city generally Application and scope of provisions 3-103.8 Fronting on a public or approved private street re- quired 3-106 Limitations on number 3-104 Structures permitted above height limits 3-103.9 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 C-7 general service and wholesale commercial district Requirements .___ 4-122 Certificate of zoning compliance 7-103 City buildings, structures and uses Exemption from regulations 3-103.8 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 Supp. No. 8 3117 DUBUQUE CODE ZONING (Appendix A)—Cont'd. Section Temporary uses permitted as conditional uses in any district 5-107 Definitions Art. RI Districts Application of regulations 1-103, 4-101 District regulations 4-101 et seq. Establishment, designation 1-101 Temporary uses permitted as conditional uses in any district 5-107 Exemptions from provisions 3-103.7, 3-103.8 Fee schedule 10-101 et seq. Fences, walls and hedges 3-105.3 Flood hazards Special flood hazard overlay districts 4-111.2 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 Height limits Structures permitted above 3-103.9 H -I Heavy industrial district Requirements 4-120 Historic districts 19%-6 et seq. Historical preservation. See that title Home occupations Accessory uses _ 5-101.3 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 premises locations 5-27 Lot size requirements 3-108.4 Lots All lots to front on a public or approved private street 3-106 Reduction of required lots and yards prohibited 1-103.4 Visibility on residential corner lots Maintenance of required 5-102.2 Yards and open spaces. See within this title that subject Map Official zoning map 1-102 Supp. No. 8 3118 CODE INDEX ZONING (Appendix A)—Cont'd. Section 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 2-106 Nonconforming uses of land, etc. 2-104 Nonconforming uses of structures, etc. 2-106 Uses under conditional use permit provisions not nonconforming 2-108 Supp. No. 8 8118.1 CODE INDEX ZONING (Appendix A)—Cont'd. Section Nonresidential districts Limitations 3-104.2 Occupancy permits 7-103 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 maintain 3-105.4 Off-street parking and storage of vehicles in residential districts Special regulations governing 5-101.4 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 PI -Planned industrial district regulations Enumerated 4-121 Parking Off-street parking and loading. See hereinabove that subject Permits Conditional use permits. See hereinabove that subject Planned unit development district regulations 4-110 Principal permitted uses. See also herein specific districts 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 Supp. No. 7 3119 DUBUQUE CODE ZONING (Appendix A)—Cont'd. Section R-2—Residential district regulations Enumerated _____. 4-105 R-3—Residential district regulations Enumerated 4-106 R-4—Residential district regulations Enumerated 4-107 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 3-104.1 Schedule of fees _ 10-101 et seq. Site plan review provisions 5-103 Sign regulations Enumerated 5-105 Special planning districts General provisions 4-111.1 Special flood hazard overlay districts 4-111.2 Structures. See within 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. Visibility on residential corner lots Maintenance of required 5-102.2 Yards and open spaces All required yards to be open, unoccupied space 3-105.1 Application of district regulations 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 Supp. No. 7 8120 CODE INDEX ZONING (Appendix A)—Cont'd. Section Residential districts on developed street fronts Average front yard setback required in 5-102.1 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. 7 3121