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1 Supplement No. 18 - Code of Ordinances - October 1983TABLE OF CONTENTS—Cont'd. Chapter Page 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 Interpreta- tion and Amendment Thereof 2471 Art. II. Nonconforming Lots, Uses of Land, Uses of Structures and Premises, and Characteristics of Use: Amortization Provisions 2475 Art. III. General Provisions 2481 Art. IV. District Regulations 2489 Art. V. Supplementary District Regulations 2581 Art. VI. Board of Adjustment; Powers and Du- ties; Variances; Conditional Uses 2614.2 Art. VII. Administration and Enforcement; Required Permits and Certificates 2624.1 Supp. No. 17 DUBUQUE CODE Appendix Page Art. VIII. Amendments and Zoning Reclassifi- cation; Procedures and Policies 2629 Art. IX. Violations and Penalties 2635 Art. X. Fees 2636 Art. XI. Definitions 2637 Art. XII. Adoption and Repeal of Conflicting Ordinances 2650 B. Cable Services Delivery Franchise 2763 Code Comparative Table 2951 Code Index 3001 Supp. No. 17 xxiv § 2-9 ADMINISTRATION § 2-20 display of the Iowa state banner and/or the national flag. (Ord. No. 29-82, § 1, 6-7-82) Secs. 2-10-2-15. Reserved. ARTICLE I1/2. CHARTER* Sec. 2-16. Purpose. The purpose of this article is to provide for a Charter embodying the form of government existing on January 1, 1982. (Ord. No. 1-82, § 1, 1-4-82) Sec. 2-17. Citation as Charter. This article may be cited as the Charter of the City of Dubuque, Iowa. (Ord. No. 1-82, § 2, 1-4-82) Sec. 2-18. Form of government. The form of government of the city is the council -manager -ward form of government. (Ord. No. 1-82, § 3, 1-4-82) Sec. 2-19. Powers and duties. The mayor, city council, city manager and other city officers have such powers and shall perform such duties as are authorized or required by state law and by the ordinances, resolutions, rules and regulations of the city. (Ord. No. 1-82, § 4, 1-4-82) ARTICLE II. CITY COUNCIL DIVISION 1. GENERALLY Sec. 2-20. Composition; terms. The city council consists of a mayor and two (2) councilmembers elected at large, and one councilmember elected from each of the four (4) wards. The mayor and other councilmembers serve four - *Editor's note—Ord. No. 1-82, adopted Jan. 4, 1982, did not expressly amend this Code; hence, inclusion of §§ 1-4 as Art. I1/s, §§ 2-16-2-19, has been at the editor's discretion. Section 5 of the ordinance, requiring the filing of the ordinance with the secretary of state and its maintenance on file in the city clerk's office, has not been codified. Supp. No. 14 58.1 § 2-20 ADMINISTRATION § 2-23 year staggered terms. The mayor is a member of the city council and may vote on all matters before the council. (Ord. No. 17-75, § 5, 6-9-75; Ord. No. 70-81, § 2, 12-21-81) Sec. 2-21. Compensation. The compensation for the mayor shall be three thousand, five hundred dollars ($3,500.00) per annum. The compensation for the councilmembers shall be three thousand dollars ($3,000.00) per annum. (Ord. No. 35-51, § 4, 8-6-51; Ord. No. 18-60, § 1, 4-18-60; Ord. No. 70-81, § 3, 12-21-81) Sec. 2-22. Meetings—Date. Regular meetings of the council shall be held on the first Monday of each month and special meetings may be called from time to time by the mayor or a majority of the members of the council. (Ord. No. 35-51, § 5, 8-6-51) Sec. 2-23. Same—Records. (a) Preparation. Immediately after each regular or special meeting of the council, the city clerk shall prepare a complete record of the proceedings of such meeting, which shall con- tain in full the motions and resolutions offered or adopted, and all other action taken, or proceedings had at such meeting. (b) Printing. The city clerk shall cause a condensed record of such proceedings to be published, in the official papers. He shall also have the complete record printed on good paper with pages of uniform size suitable for binding in permanent form, which pages shall be numbered consecutively. (c) Monthly record. Before the first meeting in each month, the city clerk shall have printed proceedings of all meetings held during the previous month, bound together in pamphlet form, and shall furnish copies of the same to the mayor and members of the council and to such other officers as the council may direct. At the first regular meeting in each month, the record of the proceedings included in such pam- phlet shall be read, unless such reading shall be dispensed with by the council. If objection to any part of the record is raised by a member of the council, the same, if found to Supp. No. 12 59 § 2-23 DUBUQUE CODE § 2-31 be incorrect, shall be corrected, and when the record is cor- rect, the same shall, by motion, be approved. When the record has been so approved, the printed record of each meeting contained in said pamphlet shall be signed by the mayor and attested by the city clerk, and shall then become the official record of the proceedings contained therein. (d) Permanent binding. After the last day of December of each year, the city clerk shall have the printed pamphlets, which constitute the official record for the preceding twelve (12) months, bound together in book form, together with a complete index by subjects of the contents thereof, and when so bound said book shall constitute the permanent official record for the year, and the same shall be filed and kept in the office of the city clerk. (Ord. No. 82, §§ 1-4; Ord. No. 17-39, § 1, 5-16-39) Sec. 2-24. Annual appropriation ordinance. On or before the first day of July of each year, the council shall make an appropriation for all the expenditures of the city government for the following year, commencing on the first day of July. Such appropriation shall enumerate all the departments, officers, objects, and purposes for which the same is made and shall set forth the amount. (Ord. No. 34-51, § 2, 8-6-51) Secs. 2-25-2-30. Reserved. DIVISION 2. RULES OF PROCEDURE Sec. 2-31. Rules to be strictly adhered to; temporary suspen- sion. The rules of procedure and order of business provided in this division shall be strictly adhered to by the city council, unless they shall be temporarily suspended by the consent of three-fourths of the councilpersons present. (Res. No. 250-51, § 1 (Rule 1), 7-16-51) Supp. No. 12 60 § 7-36 ANIMALS AND FOWL § 7-36 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. 17 400.1 § 7-37 ANIMALS AND FOWL § 7-45 Sec. 7-37. Issuance. The city manager shall cause to be issued dog and cat licenses upon proper application and payment of the fee provided in this division. (Ord. No. 11-82, § 1, 3-11-82) Sec. 7-38. Tags not transferable. A license issued for any dog or cat shall not be transferred to another dog or cat. (Ord. No. 11-82, § 1, 3-11-82) Sec. 7-39. Tag to be attached. The applicant for a dog or cat license, upon procurement of the license, shall securely attach the license tag to a collar or harness and this collar or harness, with the tag attached shall at all times be kept on the dog or cat. Any dog or cat found at large without a collar or harness with license tag attached shall be deemed unlicensed and shall be impounded. (Ord. No. 11-82, § 1, 3-11-82) Sec. 7-40. Fee for duplicate. The fee for a duplicate license for either a dog or cat shall be two dollars and fifty cents ($2.50). (Ord. No. 11-82, § 1, 3-11-82) Sec. 7-41. Consent implied from application and receipt. The application for and the receipt of a license as required in this division shall include an implied consent by the owner to permit an inspection of both real and personal property under his control for the purpose of carrying out the provisions of this article relating to the harborage of vicious animals or to the control of rabies outbreak or relating to the provisions of law relative to the prohibition of cruelty to animals. (Ord. No. 11-82, § 1, 3-11-82) Secs. 7-42-7-44. Reserved. DIVISION 3. RABIES CONTROL Sec. 7-45. Vaccination required. It shall be unlawful for the owner of any dog or cat six (6) months of age or older to keep or maintain such animal unless such dog or Supp. No. 16 401 § 7-45 DUBUQUE CODE § 7-47 cat shall be vaccinated against rabies by a licensed veterinarian. Such vaccine shall be approved by the U.S. Food and Drug Admin- istration and administered at the following intervals: (a) Dogs. Original or puppy immunization one (1) year and sub- sequent immunization at three-year intervals. (b) Cats. Original or kitten immunization one year and subse- quent immunization at three year intervals. Written proof of such vaccination shall be a condition precedent to the issuance of a license thereof. (Ord. No 11-82, § 1, 3-11-82; Ord. No. 58-82, § 1, 12-6-82) Sec. 7-46. Confinement authorized. (a) The owner of any dog, cat or other animal which has con- tracted rabies, or which has been subject to rabies or which has bitten any person shall, at the discretion of the health officer and upon his demand, produce and surrender up such dog, cat or other animal to be held in confinement in a licensed veterinarian's animal hospital under the supervision of a licensed veterinarian and in quarantine for observation for a period determined by the health officer at the expense of the owner of the animal. (b) Any animal bitten or attacked by any known rabid animal shall be quarantined under direction of the health officer by being confined and in quarantine as provided above for a minimum of ninety (90) days. (Ord. No. 11-82, § 1, 3-11-82) Sec. 7-47. Reporting rabies; notice to health officer. (a) It shall be the duty of the owner of any cat, dog or other domesticated animal suspected of being rabid that has attacked, bitten or caused any skin abrasion upon any person to report such incident to the health officer. (b) It shall be the duty of any physician or veterinarian immedi- ately to transmit information to the health officer that may come to him/her through his/her professional capacity with reference to any person having been attacked, bitten or having skin abrasions by any dog, cat or other domestic animal. (Ord. No. 11-82, § 1, 3-11-82) Supp. No. 16 402 § 7-48 ANIMALS AND FOWL § 7-50 Sec. 7-48. Notification to police or health officer of dead animals. Any person finding a dead dog or cat shall at once notify the police department or health services division. (Ord. No. 11-82, § 1, 3-11-82) Sec. 7-49. Punishment for harboring known rabid dog, cat or other domestic animal. Any person who shall knowingly harbor or keep any dog, cat or other animal infected with rabies, or with knowledge that their animal was bitten by a rabid animal, fails to report such incident to the health services division or police, shall be punished as provided in section 1-8 of this Code. (Ord. No. 11-82, § 1, 3-11-82) Sec. 7-50. Prohibited actions after mayor's proclamation of emergency. When the mayor, pursuant to resolution of the city shall declare an emergency due to rabies: (a) It shall be unlawful for the owner of any dog, cat or other domestic animal to permit such animal to be at large. Any dog, cat or domesticated animal found to be at large shall be deemed to be so with the permission or at the suffer- ance of its owner. (b) It shall be unlawful for any person except the owner of a dog, cat or other domestic animal, or owner's agent to open any door or gate of any private premises for the purpose or result of setting such animal at large. (c) Any licensed or unlicensed dog, cat or other domestic animal found at large shall be impounded by the health services division or police department. (Ord. No. 11-82, § 1, 3-11-82) Supp. No. 13 403 [The next page is 453] § 101/2 -24 CIVIC CENTER § 101/2-26 (4) Development of accurate, timely and understandable financial data and measurements of effectiveness nec- essary to assure sound policy formulation for operation and management. (5) Development of the annual operating budget and an ongoing capital improvements budget. (6) Development of a maintenance program to provide a safe, secure, sanitary, clean and attractive facility. (7) Service as a personnel advisory committee to the city manager in the selection of a director. (8) Participate with the Dubuque area chamber of com- merce, the hotel and restaurant industry and other in- terest groups to promote and develop the convention and tourism business for the Dubuque area. (9) Execution of contracts and agremeents for the use, op- eration and maintenance of the civic center facility; contracts and agreements for the use of the facility may be signed by the city manager, except that all contracts for usage of the facility involving a term of longer than five (5) days shall be subject to execu- tion by the mayor with the approval of the city council. (Ord. No. 40-77, § 1, 6-20-77) Sec. 101/2 -25. Programs, projects and services, conformity to legal and policy restrictions. All programs, projects and services to be developed by the commission must conform to the policies of the city and to applicable local, state and federal laws, rules and regulations. (Ord. No. 40-77, § 1, 6-20-77) Sec. 10 1/2 -26. Solicitation and acceptance of donations and gifts. The commission may solicit and otherwise accept donations and gifts of money, personal property and personal services. All such monies and personal property as received shall be- come the property of the city for the general use for the sup - Supp. No. 2 623 § 101/ -26 DUBUQUE CODE § 101/2 -29 port of the civic center and its programs unless such items have been designated by the donors for specific purposes. (Ord. No. 40-77, § 1, 6-20-77) Sec. 10'/2 -27. Membership, appointment. (a) The commission shall be comprised of a membership of five (5) persons, who shall be appointed by the Dubuque city council for terms of two (2) years. Two (2) of the initial appointments shall be for a term of one year, three (3) of such initial appointments shall be for a term of two (2) years. (b) Upon completion of their term of office, members of the commission shall continue to serve in their full capacity until a successor has been duly appointed. (c) Membership on the commission shall be limited to per- sons who are residents of the city. (Ord. No. 40-77, § 1, 6-20-77) Sec. 10 1/2 -28. Vacancies in membership. A vacancy caused by death, resignation or otherwise on the commission shall be promptly filled by the Dubuque city council for the unexpired term of office. Sec. 101/2-29. Attendance at meetings, frequency required; record of attendance. (a) Members of the commission shall attend at least two- thirds (2/3) of all regularly scheduled and held meetings with- in any twelve-month period. If any member does not attend such prescribed number of meetings, it shall constitute grounds for the commission to recommend to the Dubuque city council that said member be replaced. (b) The attendance of all commission members shall be entered upon the minutes of all meetings by the secretary. (Ord. No. 40-77, § 1, 6-20-77) Supp. No. 2 624 § 17-32 GARBAGE, TRASH AND REFUSE § 17-35 ices may apply for such collection services from the city manager. The collection rate will be determined from the fee schedule set forth in section 17-36. The city reserves the right to refuse garbage and refuse collection service because of quantities or characteristics beyond the capacity or capability to be handled efficiently by city personnel and equipment. (Ord. No. 53-76, § 2, 10-4-76; Ord. No. 19-79, § 1, 3-19-79) Sec. 17-33. Frequency, time and areas of collection. (a) Until October 5, 1981, collection shall be made not more than twice weekly at such time and in such areas of the city as shall be set out in schedules prepared by the city manager. (b) After October 5, 1981, collection shall be made not more than once weekly at such time and in such areas of the city as shall be set out in schedules prepared by the, city manager. (c) The city manager is hereby authorized and empowered to change or amend collection schedules from time to time as he, in his discretion, shall deem necessary. (Ord. No. 53-76, § 2, 10-4-76; Ord. No. 14-81, 3-10-81) Sec. 17-34. Placement of containers for collection. (a) Where collections are made from alleys, garbage and refuse containers shall be placed at the property line abutting the alley on the days designated in such schedule. (b) Where collections are made from the street, garbage and refuse containers shall be placed in the street on the property side of the curb on the days designated in said schedule. However, such containers shall be placed so as not to interfere with vehicular and pedestrian traffic and when emptied shall be promptly removed by the occupant of the premises. (Ord. No. 53-76, § 2, 10-4-76) Sec. 17-35. Limitation on quantity collected from class I premises. The quantity of garbage and refuse to be collected by the city shall not exceed one hundred twenty (120) gallons per Supp. No. 9 1023 § 17-35 DUBUQUE CODE § 17-36 week for each class I premises unit as defined in section 17-16. (Ord. No. 53-76, § 2, 10-4-76; Ord. No. 19-79, § 1, 3-19-79) Sec. 17-36. Charges—Amounts; exceptions. (a) Class I premises. Except as qualified below, a fee of four dollars and twenty cents ($4.20) per month shall be charged by the city and collected from each owner of a class I premises for such service effective April 1, 1981. Said charge or fee shall be in payment for collection and disposal of garbage and refuse as defined. Exceptions to the collection charge for class I premises are as follows: (1) When a class I premises has been vacant for a period of three (3) consecutive months or longer, the owner may apply for, a credit under procedures to be established by the city manager. Such exemption shall continue only so long as the class I premises is vacant. (2) Class I premises when the head of a household is sixty-five (65) years or older and with a per family annual income of seven thousand, four hundred dollars ($7,400.00) or less, may, upon application, be exempted from one-half the established collection charge. Subsequent to initial application and eligibili- ty, annual application must be made on July first of each year to verify annual income and eligibility. (3) In cases of extreme financial hardship, the city manager may, and is hereby authorized and empow- ered to, make adjustments in the monthly collection charge. In all such cases, the city manager shall have the authority to require such proof of vacancy, financial status, age or extreme hardship as he may deem necessary. (b) Class II premises. The city shall continue to collect from class II premises currently receiving such service. The charge for such collection service shall be based upon the average weekly quantity of garbage and refuse being Supp. No. 9 1024 § 17-36 GARBAGE, TRASH AND REFUSE § 17-37 collected, as determined by the city manager. The rate charged shall be a multiple of the rate charged class I premises as follows: (1) Zero (0) to one hundred twenty (120) gallons of garbage and refuse per week shall be charged the class I premises rate times one (1). (2) The next one hundred twenty (120) gallons per week or fraction thereof shall be charged the class I premises rate times seventy-five one -hundredths (0.75). (3) All additional units of one hundred twenty (120) gallons per week or fraction thereof shall be charged the class I premises rate times five -tenths (0.5). A class II premises no longer wishing to be served by city garbage and refuse collection shall provide the city with thirty (30) days' written notice of its intent to terminate the service. Such termination of service shall be effective with the next billing period. (Ord. No. 53-76, § 2, 10-4-76; Ord. No. 19-79, § 1, 3-19-79; Ord. No. 77-79, 12-17-79; Ord. No. 14-81, 3-10-81) Sec. 17-37. Same—Billing and collection. (a) Initially, the city manager shall bill for collection service from a record of accounts registered for billing on April 1, 1981. Subsequently, the city manager is authorized to bill tenants upon the request of the property owner according to a procedure to be established by the city manager. The property owner in such cases shall agree to provide data on tenants' movements. In cases of no city water or sewer service, the city shall bill the owner. (b) Class I premises accounts shall be billed bimonthly. Class II premises accounts shall be billed monthly. All collection charges are payable in advance. (c) The collection of garbage and refuse as provided by this division from class I premises and maintenance of the availability of such service, whether or not such service is used regularly or not at all by the owner of such class I Supp. No. 9 1025 § 17-37 DUBUQUE CODE § 17-45 premises, is hereby declared a benefit to said premises at least equal to the monthly charges specified in this division, and in case of failure to pay the monthly charge when billed as heretofore provided, then the monthly charge shall become a lien against the property benefited or served and shall be collected in the same manner as general property taxes. (d) At least annually the city manager shall prepare a delinquent list of persons failing to pay the monthly charge required by this division, listing the class I premises for which the service was rendered and the amount due therefrom. Resolutions shall thereupon be prepared assess- ing the delinquent charges to the properties so benefited. Such resolutions, properly passed by the city council, shall be certified by the city clerk to the county auditor and same shall then be collected with, and in the same manner as, general property taxes. (Ord. No. 53-76, §§ 3-5, 10-4-76; Ord. No. 19-79, § 1, 3-19-79; Ord. No. 77-79, 12-17-79; Ord. No. 14-81, 3-10-81) Secs. 17-38-17-43. Reserved. DIVISION 3. PRIVATE COLLECTION SERVICE Sec. 17-44. License—required. No person, firm, or corporation shall engage in the business of removing or hauling garbage or refuse from the premises of others unless such person, firm or corporation shall have first applied for and received a permit to do so from the city manager. The issuance of this license shall be in the manner prescribed and subject to the terms of article I of chapter 24 of this Code. (Ord. No. 53-76, § 10, 10-4-76) Sec. 17-45. Same—Application; fee. Application for such license shall specify the equipment of vehicles to be used, the route to be traveled, the places to be served and the name and residence of the applicant, and such person, firm or corporation shall pay an annual license Supp. No. 9 1026 § 191/2-6.1 HISTORICAL PRESERVATION § 19-6.2 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 9 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 His- toric Preservation District. (b) Review standards adopted. The properties within said de- scribed district shall be subject to the "Secretary of the Interior's Standards for Historic Preservation Projects" as adopted by the historic preservation commission for said commission's review procedure that precedes the issuance of a certificate of appropri- ateness pursuant to subsection 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; Ord. No. 15-83, § 1, 3-14-83) Sec. 19%-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 through 12, inclusive; and all of city Lots 69 through 80, inclusive. These properties are all located in the Supp. No. 17 1179 § 191/2.6.2 DUBUQUE CODE § 191/2 7 northeast 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 "Secretary of the Interior's Standards for Historic Preservation Projects" as adopted by the historic preservation commission for said commission's review procedure that precedes the issuance of a certificate of appropri- ateness pursuant to subsection 191/2-8(b). (Ord. No. 14-82, §§ 1, 2, 3-15-82; Ord. No. 15-83, § 2, 3-14-83) Sec. 191/2-7. Demolition of structures in historic districts. 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 applica- tion, 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 de- molish 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. 17 1180 § 191/2-7 HISTORICAL PRESERVATION § 19'/2-8 the preservation of such structure. (Ord. No. 18-77, § 5(g), 4-4-77) Cross reference—Waiting period for demolition permit in certain neighborhoods, § 10-5. Sec. 191/2-8. Alteration of structures in historic dis- tricts. (a) After approval of the historical preservation district designation by the council, no material change in appear- ance of a structure or site within a designated district shall be made or permitted to be made by the owner or occupant thereof until a regulated permit shall have been obtained for such change as provided by this chapter. (b) After approval of a designation by the council, it shall be the duty of the historic preservation commission to review all plans for any and all material changes in appearance of a structure or site within any district, and it shall have the power to pass upon such plans before a regulated permit for such can be granted, provided that the commission shall pass only on such features of a change as are visible from the public way. The commission shall issue Supp. No. 14 1180.1 § 22-3 JUNK DEALERS, ETC. § 22-5 Sec. 22-3. Purchases from minors restricted. No pawnbroker, secondhand dealer or junk dealer and no clerk, agent or employee thereof shall purchase or receive property from any person under the age of eighteen (18) years without first obtaining and receiving the written consent of the parent or guardian of such person. Such written consent shall be made a part of the required records and subject to all provisions of section 22-2. (Ord. No. 55-55, § 5, 9-6-55; Ord. No. 8-81, § 4, 2-16-81) Sec. 22-4. Purchases, security and consignment transactions. (a) The purchase, receipt as security, or on consignment of the following listed goods or materials shall be governed by this article: Household appliances Household furniture Glassware Jewelry Precious and semiprecious stones Silver/silverware Silver coins Gold and gold coins Stereo equipment Radio equipment Television equipment Tradesmen's tools Junk (b) Antique, used or scrap jewelry and precious metals shall be retained in the local place of business and it shall be unlawful to change the form of said items by melting, remounting, cutting up or otherwise changing the form of said items for a period of one hundred twenty (120) hours from the time of said transaction. (c) The following listed items shall be exempt from the provisions of this article: Beverage containers and scrap paper. (Ord. No. 8-81, § 5, 2-16-81) Editor's note—Prior to amendment by Ord. No. 8-81, § 22-4 formerly concerned a required notice upon receipt of construction tools and derived from Ord. No. 55-55, § 6, enacted Sept. 9, 1955. Sec. 22-5. Fencing requirements for junk and salvage operations. No junk shall be stored or automobile salvage operation carried on within twenty (20) feet of any property line or one Supp. No. 9 1353 § 22-5 DUBUQUE CODE § 22-18 hundred (100) feet of any street line, within the city unless the premises upon which such junk is stored or automobile salvage work is performed is completely enclosed by a solid metal fence not less than eight (8) feet in height, and such fence shall be kept and be maintained in a good state of repair. (Ord. No. 55-55, § 7, 9-6-55; Ord. No. 9-68, § 1, 2-7-68) Secs. 22-6-22-16. Reserved. ARTICLE II. LICENSES* Sec. 22-17. Required. No person shall engage in the business of junk dealer, junk collector, auto salvage dealer, pawnbroker, or second- hand dealer without first obtaining a license therefor. (Ord. No. 70, § 1, 1-3-20; Ord. No. 55-55, § 2, 9-6-55; Ord. No. 9-81, § 1, 2-16-81) Sec. 22-18. Businesses requiring annual licenses; no fee. An annual license shall be required, without fee, for any person engaged in any of the following businesses: (1) Junk dealer; (2) Junk collectors; (3) Auto salvage dealers; (4) Pawnbrokers; (5) Secondhand dealers. (Ord. No. 70, § 2, 1-3-20; Ord. No. 55-55, § 3, 9-6-55; Ord. No. 9-81, § 2, 2-16-81) *Cross reference—Licenses and miscellaneous regulations, Ch. 24. Supp. No. 9 1354 [The next page is 1405] § 24-4 LICENSES, BUSINESS REGULATIONS § 24-7 Sec. 24-4. Same—Application. All persons who are required under any ordinance of the city to procure a license for the purpose of engaging in any business or vocation shall first make application to the city manager for such license, except as otherwise provided. (Ord. No. 3-33, § 1, 4-10-33) Sec. 24-5. Same—Issuance. Except where some other method is prescribed by law, all licenses required for engaging in a business or vocation shall be issued by the city manager in the exercise of his discretion, provided, however, that such manager may refuse a license in any case where the applicant is not of good moral character, free from disease, or trustworthy in his business dealings or for any other reason that satisfies the manager that the interests of the public would be best protected by withholding a license from the applicant. (Ord. No. 3-33, § 2, 4-10-33) Sec. 24-6. Same—Record. All licenses required for engaging in a business or vocation shall be signed by the manager and clerk and entered in a book kept for that purpose. (Ord. No. 3-33, § 3, 4-10-33) Sec. 24-7. Same—Proration. In all cases where licenses for engaging in a business or vocation may be issued for lesser periods than a full year, the license fee shall be prorated as follows: (1) When the application is made within the first quarter of the fiscal year, the license fee shall be the same as the annual fee; (2) When the application is made in the second quarter of the fiscal year, the license fee shall be seventy-five (75) per cent of the annual fee; (3) When the application is made in the third quarter of the fiscal year, the license fee shall be fifty (50) per cent of the annual fee; and 1461 § 24-7 DUBUQUE CODE § 24-11 (4) When the application is made in the fourth quarter of the fiscal year, the license fee shall be twenty-five (25) per cent of the annual fee. In all other cases the license fee provided for in the general license ordinance govern- ing the particular business for which a license is re- quired shall prevail and be exacted. Fractions of a month shall be taken as a full month. (Ord. No. 3-33, § 5, 4-10-33) Sec. 24-8. Same—Refund of fee prohibited; exception. Except as may be provided by law, no refund shall be allowed upon any license which is actually used for a lesser period than that prescribed in the license. (Ord. No. 3-33, § 8, 4-10-33) Sec. 24-9. Same—Transferability; changes in location. Licenses issued under this chapter or other ordinances for engaging in a business or vocation shall not be transferable and shall cease whenever the licensee ceases to operate there- under. Nothing in this section shall prevent a licensee from operating under his license, at a place other than that described in the license, providing information regarding such change in location is furnished the license department. (Ord. No. 3-33, § 6, 4-10-33) Sec. 24-10. Same—Revocation. The city manager may, at his pleasure and for good cause shown, revoke any license issued by him and when a license is revoked the licensee shall not be granted another license to engage in the same business for which the license was issued for a period of at least six (6) months thereafter. (Ord. No. 3-33, § 7, 4-10-33) Sec. 24-11. Same—Expiration; penalty for renewal of delin- quent licenses. Except as may be provided by law, annual licenses for engaging in a business or vocation shall extend from April first to March thirty-first in the year following. No such li- 1462 § 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 WESTBOUND Andrew Court and Boyer Street (Ord. No. 26-78, § 1, 5-1-78) Supp. No. 17 1590.5 25-210 DUBUQUE CODE 125-210 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 (Ord. 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 Atlantic Street and Custer Street 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 Supp. No. 17 1590.6 f 25-210 MOTOR VEHICLES AND TRAFFIC § 25-210 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) Twelfth Street, East, and Elm Street (Ord. No. 16-82, § 2, 4-7-82) Twenty-seventh Street, East, and Washington Street (Ord. No. 18-83, § 1, 3-21-83) 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 Supp. No. 17 1590.7 § 25-210 DUBUQUE CODE § 25-211 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. 34-80, § 1, 5-19-80; Ord. No. 4-81, § 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; Ord. No. 18-83, § 1, 3-21-83) 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, 9-6-49) Supp. No. 17 1590.8 § 25-212 MOTOR VEHICLES AND TRAFFIC § 25-212 Sec. 25-212. Yield intersections. (a) The driver of a vehicle approaching a yield sign at a "yield" intersection shall slow down to a speed reasonable for the existing conditions or shall stop, if necessary, and shall yield the right-of-way to any pedestrian legally crossing the roadway and to any vehicle in the intersection or approaching so closely as to constitute a hazard. Said driver having so yielded may proceed with caution. (b) Those intersections designated are hereby declared to be "yield intersections" for all purposes of this section: (1) Northbound vehicles. Northbound vehicles must yield before entering the intersection of: Third Street, West, and James Street Broadway Street and Diagonal Street (Ord. No. 12-79, § 2, 1-16-79) Coates Street and Southgate Drive Hillcrest and St. John Drive Kirkwood and West Locust Street New Haven and Mineral Street Rockdale Road and the west ramp of Kerrigan Road Rosedale and West Locust Street St. Ambrose and Clarke Drive Westway Drive and Graham Circle (2) Southbound vehicles. Southbound vehicles must yield before entering the intersection of: Bryant Street and South Grandview Avenue Clarke Drive and West Locust Street Hillcrest and St. John Drive Kane Street and Kaufmann Avenue Westway Drive Graham Circle Supp. No. 14 1590.9 § 25-212 DUBUQUE CODE § 25-212 (3) Eastbound vehicles. Eastbound vehicles must yield before entering the intersection of : Clarke Drive and Madison Street Crissy Drive and Marywood Drive, north intersection Crissy Drive and Marywood Drive, south intersection Forest Lane and Booth Street Grandview Avenue, North, and Rosedale, west intersec- tion Hillcrest and Asbury Road St. George Street and Tressa Street St. John Drive and Graham Circle, north intersection St. John Drive and Graham Circle, south intersection (4) Westbound vehicles. Westbound vehicles must yield before entering the intersection of : Third Street, East, and Central Avenue (Ord. No. 17-82, § 1, 4-7-82) Fourth Street, East, and White Street (Ord. No. 17-82, § 1, 4-7-82) Ninth, West, and University Avenue Cleveland Avenue and Bryant Street Crissy Drive and Marywood Drive, north intersection Crissy Drive and Marywood Drive, south intersection Forest Lane and Booth Street Rosedale and North Grandview Avenue, east intersection Rust Street and Bryant Street St. George Street and Tressa Street St. John Drive and Graham Circle, north intersection St. John Drive and Graham Circle, south intersection Supp. No. 14 1590.10 § 25-212 MOTOR VEHICLES AND TRAFFIC § 25-214 (c) Yield signs shall be erected at the specified entrances to the yield intersections designated and shall be located as near as practical to the property line of the highway at the entrance at which the yield must be made, or at the nearest line of the crosswalk thereat, or, if none, at the nearest line of the roadway. (Ord. No. 33-49, §§ 12.9, 12.10, 9-6-49; Ord. No. 45-59, § 1, 9-8-59; Ord. No. 10-78, § 1, 3-13-78; Ord. No. 14-78, § 1, 3-20-78; Ord. No. 12-79, §§ 1, 2, 1-16-79; Ord. No. 17-82, § 1, 4-7-82) Editor's note—The street schedule set forth in § 25-212(b) is derived from Ord. No. 10-78, § 1, adopted March 13, 1978, as amended from time to time. Subsequent ordinances amending the 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 appears at the end of the section. Sec. 25-213. Entering street from private roadway. (a) The driver of a vehicle emerging from a private road- way, alley, driveway or building shall stop such vehicle im- mediately prior to driving on the sidewalk area and thereafter he shall proceed into the sidewalk area only when he can do so without danger to pedestrian traffic, and he shall yield the right-of-way to any vehiclar traffic on the street into which his vehicle is entering. (b) The driver of a vehicle about to enter or cross a high- way from a private road or driveway shall stop such vehicle immediately prior to driving on such highway and shall yield the right-of-way to all vehicles approaching on such highway. (Ord. No. 33-49, § 12.6, 9-6-49) State law reference—Similar provisions, I.C.A. § 321.353. Sec. 25-214. Operation on approach of emergency vehicles. (a) Upon the immediate approach of an authorized emer- gency vehicle with any lamp or device displaying a red light or flashing red light from directly in front thereof, or when the driver is giving audible signal by siren, exhaust whistle, or bell, the driver of every other vehicle shall yield the right-of- way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the Supp. No. 14 1590.10.1 § 27-90 PARKS AND RECREATION § 27-90 Sec. 27-90. Chaplain Schmitt Memorial Island. The following described parcel of real estate commonly referred to as "Area C," "Hamm Island," and "City Island." shall be hereinafter known, called and named as "Chaplain Schmitt Me- morial Island." Those portions of Mineral Lots 294, 295, Lots 1 and 2 of 296, 297, 298, 299 and 300 and Government Lot 1, located in Sec- tions 17, 18, 19 and 20, Town 89 North, Range 3 East in the City of Dubuque, Dubuque County, Iowa, and bounded by Lake Peosta Channel and the Mississippi River. (Ord. No. 55-82, § 1, 10-11-82) Supp. No. 16 1759 [The next page is 1809] Chapter 36 UTILITIES* Art. I. In General, §§ 36-1-36-10 Art. II. Sewers and Sewage Disposal, §§ 36-11-36-71 Div. 1. Generally, §§ 36-11-36-28 Div. 2. Discharge Regulations, §§ 36-29-36-42 Div. 3. Private Disposal Systems, §§ 36-43-36-52 Div. 3A. Private Haulers, § 36-53 Div. 4. Rates, §§ 36-54-36-71 Art. III. Reserved, §§ 36-72-36-91 Art. IV. Water, §§ 36-92-36-170 Div. 1. Generally, §§ 36-92-36-113 Div. 2. Connections, §§ 36-114-36-144 Div. 3. Meters, §§ 36-145-36-160 Div. 4. Rates, §§ 36-161-36-170 Art. V. Cable Television, §§ 36-171-36-184 Div. 1. Community Tele -Programming Commission, §§ 36-171-36-174 Div. 2. Cable Regulatory Commission, §§ 36-175-36-178 Div. 3. Rates, §§ 36-179-36-184 ARTICLE I. IN GENERAL Sec. 36-1. Gas main connections—City's authority to require. Before any street, highway, avenue, alley or public ground is permanently improved, the city council, by the passage of a resolu- tion, may require connections from gas mains to be made by the owners of abutting property to the curbline of such property, and a notice of such requirements shall be given to the property owners as herein provided for. (Ord. No. 128, § 1, 10-2-22) Sec. 36-2. Same—Notice to owners. As soon as the resolution requiring connections to be made as provided for in section 36-1, is passed and adopted by the city council, a written notice shall be served upon all persons owning property along the street, avenue or alley proposed to be improved, which notice shall order such property owner to make connections *Cross references—Administration, Ch. 2; director of public works, § 2-169 et seq.; city operated ambulance service, Ch. 18, Art. II, Div. 3; railroads, Ch. 32. Supp. No. 11 2253 § 36-2 DUBUQUE CODE § 36-10 to the curbline with gas mains located in such streets, and there- upon it shall be the duty of the owners of such property to comply with such notice. The notice shall prescribe whether or not more than one connection is required to be made and the description of the lot or parcel or real estate to which the same is to be made and, in each instance, such owner shall be advised of the number of connections that are required to be made. (Ord. No. 128, § 2, 10-2-22; Ord. No. 195, § 2, 5-2-28) Sec. 36-3. Same—City's authority to make. If a property owner upon whom notice has been served pur- suant to section 36-2 to make the connections as provided for in section 36-1, should fail or refuse to make such connections within the time provided for in such notice, then the city council may proceed to have said connections made upon a contract made and entered into for that purpose and the cost of making such connections shall be assessed to the property owner and shall be collected in the same manner as other special assessments are collected, except that the whole amount of such assessments shall become due at once and shall not be payable in installments. (Ord. No. 128, § 4, 10-2- 22) Sec. 36-4. Same—When completion is required. The resolution passed by the council pursuant to section 36-1 and the notice that is served upon the property owner shall prescribe the time within which connections are to be made with such mains as provided for in such resolution, and this notice shall be final unless the time is extended by the city council upon application made therefor, or if conditions should arise which would make it impossible for the property owner to make the connections required. (Ord. No. 128, § 5, 10-2-22) Secs. 36-5-36-10. Reserved. Supp. No. 11 2254 § 36-181 UTILITIES § 36-182 (10) days after the end of the chargeable period or the receipt of his current statement, whichever is later, in which to pay his account without penalty. (b) Basic and pay television subscribers shall be offered an an- nual rate which shall be eleven (11) times the monthly rate for twelve (12) months of service. (c) The cable company may require an advance payment for an installation, connection or reconnection charge, but no earlier than twenty (20) days before the scheduled service. If a scheduled service for which an advance payment was due and timely paid, is delayed, the advance payment shall be discounted one per cent for each fourteen (14) days, or part thereof, the scheduled service is delayed. A deposit equivalent to one month's service rate may be charged only for a subscriber seeking cable service for the first time in this system, or for a subscriber who has been disconnected for non- payment. The deposit shall be applied to the third month's bill- ing or refunded earlier. (d) Every statement, in clear and understandable language, cit- ing the actual dollar amounts applicable, shall inform the subscriber of any possible delinquent charge or available discount. (Ord. No. 51-81, § 1, 9-21-81) Cross reference—Subscribe payments in Teleprompter Corporation cable ser- vices franchise, App. B, § 8.8. Sec. 36-182. Refunds for cancellations. (a) If any subscriber cancels any monthly service during the first twelve (12) months of said service because of the failure of the cable company to render the service in accordance with the standards set forth in this franchise ordinance or advertised by the cable compa- ny, on application of the subscriber and, if requested, approval of the local regulatory agent, the cable company shall refund to the subscriber an amount equal to the installation, connection or re- connection charge paid by the subscriber multiplied by the fraction of the twelve-month period for which the subscriber will not be receiving service. A similar portion of any advance payment shall be refunded. Supp. No. 15 2315 § 36-182 DUBUQUE CODE § 36-183 (b) If a subscriber cancels, for personal reasons, any monthly service prior to the end of a prepaid period, a pro rata portion of the prepaid service, using the number of days as a basis, shall be re- funded to the subscriber by the cable company. (Ord. No. 51-81, § 1, 9-21-81) Cross reference—Refunds for cancellation in Teleprompter Corporation cable services franchise, App. B, § 8.9. Sec. 36-183. Monthly subscriber rates and charges. (a) Single residential unit, basic service: Installation charge—Fifteen dollars ($15.00). Operator -owned converter, monthly—Seven dollars and twenty- five cents ($7.25). Subscriber -owned converter—Seven dollars and twenty-five cents ($7.25). (b) Multiple dwelling unit (per unit billing), basic service: Installation charge—Fifteen dollars ($15.00). Operator -owned converter, monthly—Seven dollars and twenty- five cents ($7.25). Subscriber -owned converter, monthly—Seven dollars and twenty- five cents ($7.25). (c) Institutional dwelling (hospitals, health care centers. State- ment must go to a single billing address and for no less than six (6) units per building): Installation charge—Time needed and materials. Operator -owned converter, monthly—Four dollars and seventy- six cents ($4.76). Subscriber -owned converter, monthly—Two dollars and eighty cents ($2.80). Rate is for one outlet and one nonaddressable converter in each room, suite or common area for residents. No other basic service or rate shall be available to the institution except for the rate estab- lished for educational or public building usage. Supp. No. 15 2316 § 36-183 UTILITIES § 36-183 (d) Institutional dwelling (hotels, motels, dormitories. Statement must go to a single billing address and for no less than six (6) units per building): Installation charge—Time and materials. Operator -owned converter, monthly—Five dollars and seventy- five cents ($5.75). Subscriber -owned, monthly—Two dollars and ninety-five cents ($2.95). Rate is for one outlet and one nonaddressable converter in each room, suite or common area for residents. No other basic service or rate shall be available to the institution except for the rate estab- lished for educational or public building usage. (e) Institutional dwelling (condominiums, apartments. Statement must go to a single billing address and for no less than six (6) units per building): Installation charge—Time and materials. Operator -owned converter, monthly—Six dollars and seventy-five cents ($6.75). Subscriber -owned converter, monthly—Six dollars and seventy- five cents ($6.75). Each condominium or apartment to receive two (2) outlets and one nonaddressable converter. (f) Senior citizen rate (subscribers must provide proof that they are over sixty-five (65) years of age and head of household), basic service: Installation charge—Fifteen dollars ($15.00). Operator -owned converter, monthly—Six dollars and forty-seven cents ($6.47). Subscriber -owned converter, monthly—Six dollars and forty-seven cents ($6.47). (g) Contract rate (available only to subscribers who have a valid "life -time" contract), basic service: Supp. No. 15 2317 § 36-183 DUBUQUE CODE § 36-183 Installation charge—Fifteen dollars ($15.00). Operator -owned converter, monthly—Five dollars and seventy- five cents ($5.75). Subscriber -owned converter, monthly—Five dollars and seventy- five cents ($5.75). (h) Educational and public building unit, basic service: Installation charge—Time and materials. Operator -owned converter, monthly—No charge. Subscriber -owned converter, monthly—No charge. (i) Commercial unit: (1) Radio and TV sales and service for each establishment: Installation charge—Time and materials. Modified basic service including one outlet and one nonaddressable converter—Seven dollars and twenty- five cents ($7.25). User may add as many additional outlets as needed using their equipment; providing, however, such equipment shall be cable compatible and shall not create interference to the cable system or its subscribers. (2) All others basic service: Installation charge—Time and materials. Operator -owned converter, monthly—Seven dollars and twenty- five cents ($7.25). Subscriber -owned converter, monthly—Seven dollars and twenty-five cents ($7.25). (j) Rate for basic service includes two (2) outlets and one nonaddressable converter. (k) Additional outlet—Basic service includes two (2) outlets; if one is not already installed, twenty-five dollars ($25.00) installation will be charged. Additional outlets will be charged at the rate of one dollar and fifty cents ($1.50) per month per outlet. Supp. No. 15 2318 § 36-183 UTILITIES § 36-183 (1) Converter service—Basic service includes one nonaddressable converter; each additional nonaddressable converter will be charged at the rate of three dollars ($3.00) each. Nonaddressable converter included in basic service replaced with an addressable converter, the charge is two dollars ($2.00) per month. For each additional addressable converter, the charge is four dollars ($4.00) per month. (m) Connection charge (computer billing): Surviving spouse or name change by operation of law—No charge. All others—Five dollars ($5.00). (n) Reconnection charge (includes all services disconnected) —Fifteen dollars ($15.00). (o) Collection charge (includes at -residence collection after no- tice to subscriber of time)—Five dollars ($5.00). (p) Remote control option with converter, per month—One dol- lar ($1.00). (q) Additional outlet, per month—One dollar and fifty cents ($1.50). (r) Prewiring maximum charge—Time and materials. (s) Antenna switching equipment installation—Fifteen dollars ($15.00). (t) Bad or returned check charge—Five dollars ($5.00). (u) Fire or burglar alarm service: Wiring and supplies—Time and materials. Monthly rate—Fourteen dollars and ninety-five cents ($14.95). (v) Interactive service: Installation—Fifteen dollars ($15.00). Equipment cost—Three dollars ($3.00). Monthly rate—Five dollars ($5.00). (w) Pay television service: Supp. No. 15 2319 § 36-183 DUBUQUE CODE § 36-184 Showtime: Installation charge—Fifteen dollars ($15.00). Monthly rate—Nine dollars and ninety-five cents ($9.95). Home box office: Installation charge—Fifteen dollars ($15.00). Monthly rate—Nine dollars and ninety-five cents ($9.95). Cinemax: Installation charge—Fifteen dollars ($15.00). Monthly rate—Nine dollars and ninety-five cents ($9.95). Home theater network plus: Installation charge—Fifteen dollars ($15.00). Monthly rate—Six dollars and ninety-five cents ($6.95). Second and third pay services shall be discounted two dollars ($2.00) each. Discount does not apply to home theater network plus. (x) Monthly charge for pay television service on additional outlet (same service must be on the primary outlet)—Four dollars ($4.00). (y) Separate installation, connection or reconnection charges shall not be assessed when multiple services are simultaneously installed, connected or reconnected on one customer service order. (z) Institutional resale—An institution making direct charges for cable service to individual residents or users may not charge more than the institution has paid for the cable service. (Ord. No. 51-81, § 1, 9-21-81; Ord. No. 20-82, § 1, 4-12-82; Ord. No. 46-82, § 1, 8-16-82) Cross reference—Teleprompter Corporation of New York, franchise rates, App. B, § 8.4. Sec. 36-184. Rate setting. No other rates shall be charged to a subscriber. (Ord. No. 51-81, § 1, 9-21-81) Supp. No. 15 2320 [The next page is 2355] § 4-103 APPENDIX A—ZONING § 4-104 Section 4-103 General statement of intent for residential dis- tricts The residential districts and regulations provided for by this ordinance are intended to offer a variety of housing types and living environments meeting the needs and desires of present and future residents of the City. The residential dis- trict regulations are also intended to promote and protect to the greatest degree possible the qualities of tranquility, pri- vacy, stability, attractiveness, and spaciousness which are traditionally associated with the most desirable residential en- vironments. Only those uses deemed fully compatible with and supportive of these purposes are allowed by right in the residential districts. Certain other uses which are deemed generally compatible with the residential goals and which depend upon a residential atmosphere for their optimum performance may be allowed as conditional uses upon a show- ing that proper conditions are met to reduce any potentially adverse impacts of such uses upon the district or neighborhood concerned. It is further the express intent of this ordinance that no residential district should be considered inherently inferior or superior to another, but that each residential dis- trict should be judged equally in light of its particular pur- pose and the purposes of this ordinance. Section 4-104 R-1—Residential district regulations 4-104.1 General Statement of Intent The R-1 Residential District is intended to provide for homogeneous single-family residential neighborhoods particularly conducive to family life and associated leisure activities. It is contemplated that this designa- tion will be applied to both existing residential neigh- borhoods which have been developed in substantial con- formance with the regulations for this district and un- developed areas in the City which are deemed suitable for such development. It is further intended that the R-1 classification should generally be applied only to contiguous and discrete residential neighborhoods which are unpenetrated by arterial streets. When super - Supp. No. 3 2491 § 4-104 DUBUQUE CODE § 4-104 imposed with the PUD District designation, a higher range and intensity of uses may be permitted in the R-1 District than is otherwise permitted under this Section. The PUD District provisions and regulations may be superimposed upon the R-1 District in accord- ance with Section 4-110 of this Article, entitled "PUD District Regulations." 4-104.2 Principal Permitted Uses In the R-1 Residential District no building, structure or land shall be used and no building or structure shall be built or altered to be used in whole or in part, un- less otherwise specifically provided by this ordinance, except for the following purposes : 1) Single-family dwelling 2) Public Schools 3) Private and parochial schools for grades kinder- garten through the 12th grade, but only when ap- proved by and meeting all applicable standards, regulations and rules of the Iowa State Board of Public Instruction. 4) Farms, gardens, nurseries, and greenhouses. 5) Public or private parks, golf courses, or similar natural recreation areas. 6) Churches, convents, and monasteries. 7) Nursery schools or day-care centers operated in a single-family dwelling by the owner or permanent occupant thereof and caring for or instructing no more than five (5) children on the premises at any time. 8) Railroads and public or quasi -public utility sub- stations. 4-104.3 Accessory Uses and Buildings Accessory uses and buildings are permitted in the R-1 Residential District in accordance with the provisions Supp. No. 3 2492 4-104.6 R-1—Schedule of District Regulations USES NOTE: See the appropriate Ordinance provisions for complete use regulations. Principal Permitted Uses Single Family Dwellings [4-104.2(1)] Churches All [4-104.2(6)] Other Accessory Usesl Conditional Uses? Nursery Schools or Day Care Centers [4-104.4(1)] Nursing or Convalescent Homes [4-104.4(2)] Au Other Minimum required lot area Minimum required frontage 8,000 sq. ft. 20,000 sq. ft. N.A. 10,000 sq. ft. 40,000 sq. ft. or 500 sq. ft. per bed, which- ever is greater N.A. 70' 100' N.A. 70' 100' Minimum required front yard setback Minimum. required side yard setback Minimum required rear yard setback Minimum required off-street parking spaces Maximum building height Maximum lot coverage 25' 25' N.A. 25' 25' N.A. N.A. 25' on corner lots; 8' on other lots 20' N.A. 25' on corner lots; 8' on other lots 25' N.A. 30% of lot depth 2 per dwelling unit 30% of lot depth 1 for every 4 permanent seats N.A. 30% of lot depth N.A. As determined by the board of adjustment 30% of lot depth 1 for every 3 beds N.A. N.A. 25' As provided N.A. in 3-103.9 25' 25' N.A. 30% of total lot area 30% of total N.A. lot area —» 30% of total lot area 30% of total N.A. lot area iAccessory use provisions and regulations shall be as set forth in Article V of this Ordinance, entitled "Supple- mentary District Regulations." 2Standards and procedures governing the issuance" of Conditional Use Permits are contained in Article VI of this Ordinance and should be read in conjunction with this schedule. (Ord. No. 55-78, § 3, 9-18-78) Supp. No. 4 2495 4-105.6 R-2—Schedule of District Regulations USES NOTE : See the appropriate Ordinance provisions for complete use regulations PRINCIPAL PERMITTED USES ACCESSORY CONDITIONAL USES [4-105.2] USES [See Note 1 below] Single Family Dwellings All [4-105.2] Other ALL USES Minimum Required Lot Area (in square feet) 6000 Minimum Required Frontage (in feet) 60 Minimum Required Front Yard Setback (in feet) 25 Minimum Required Side Yard Setback (in feet) 25' on corner lots 6' on other lots Minimum Required Rear Yard Setback (% of Lot Depth) 8' on corner lots 25% of lot depth on all other lots Minimum Required Off -Street Parking Spaces 2 per dwelling unit Maximum Building Height (in feet) 30 Maximum Lot Coverage (as a % of Total Lot Area) 30 .,.10o A .44 '-un a' I o Aga eoaa) o0CD .- 0 a� a 411c3 C/I v. bo - .4 t Cd'er fp, ▪ +04 fgo co ▪ a, +.4 '000 OTs w o ' O a) a•0 al� ri o�� • t +� 104. 0°vi t' �. CP • a .• 74 e) v4..0 ani Conditional Uses in the R-2 Dis- trict are subject to the same standards and regulations as are applied to such uses in the R-1 Residential District. [See Sec- tion 4-104 of this Article] . Notes: 1) Standards and procedures governing the issuance of Conditional Use Permits are con- tained in Article VI of this Ordinance and should be read in conjunction with this sched- ule. (Ord. No. 47-75, § 1, 12-22-75) Supp. No. 1 2499 4-106.6 R-3—Schedule of District Regulations USES NOTE : See the appropriate Ordinance provisions for complete use regulations PRINCIPAL PERMITTED USES ACCESSORY CONDITIONAL USES USES [See Note 1 Below] Single Multiple Family Duplexes Family All Dwellings Townhouses Dwellings Other ALL USES Minimum Required Lot Area (in square feet) 3500 per 2200/DU 5000 dwelling + 500 unit each bdrm. Minimum Required Frontage (in feet) 50 60 Minimum Required Front Yard Setback (in feet) 20 Minimum Required Side Yard Setback (in feet) 6' plus 2' additional setback for each story above the first story. Minimum Required Rear Yard Setback (in feet) 8' on corner lots 20% of lot depth on all other lots Minimum Required Off -Street Parking Spaces 1.5 per dwelling unit Maximum Building Height (in feet) 35 Maximum Lot Coverage (as a % of Total Lot Area) 40 • t CC! 0-N zs41 o Si A o • i fg - C ▪ ci)� co•1-1 o • ri) bp, 4.7 ��A • — a • � � • ca 00 A•1 k • 1-61 • *a rg o r� a> a> Conditional uses in the R-3 District are subject to the same standards and regulations as are applied to such uses in the R-1 Residential Dis- trict. [See Section 4-104 of this Article] . NOTE: 1) Standards and procedures governing the issuance of Conditional Use Permits are con- tained in Article VI of this Ordinance and should be read in conjunction with this sched- ule. 2503 § 4-108 APPENDIX A—ZONING § 4-108 Section 4-108 R-5—Residential district regulations 4-108.1 General Statement of Intent The R-5 Residential District is intended to be applied to appropriate multi -family dwellings developed in sub- stantial conformance with the regulations of this Sec- tion and to provide for new moderately -high density residential housing in undeveloped areas. In newly developing or undeveloped areas, it is contemplated that the R-5 zone will be applied only to larger tracts which are readily serviceable by collector or arterial streets of appropriate capacity. It is further intended that R-5 districts should generally be placed adjacent to higher intensity office -residential or commercial zones where the R-5 District can serve as a "buffer" or transitional zone between such high intensity uses and lower intensity residential districts. When superimposed by the PUD District designation, a slightly different range and intensity of uses may be permitted in the R-5 Residential District than is other- wise permitted under this Section. The PUD District provisions and regulations may be superimposed upon the R-5 District in accordance with Section 4-110 of this Article, entitled "PUD District Regulations". 4-108.2 Principal Permitted Uses 1) Duplexes or townhouses. 2) Multiple -family dwellings. 4-108.3 Accessory Uses Accessory uses and buildings are permitted in the R-5 Residential District in accordance with the provisions and regulations of Article V of this ordinance, entitled, "Supplementary District Regulations". 4-108.4 Conditional Uses The following Conditional Uses are permitted in the R-5 Residential District, but only in accordance with Supp. No. 13 2509. § 4-108 DUBUQUE CODE § 4-108 the provisions of Article VI of this ordinance governing the issuance of Conditional Use Permits: All uses listed as Conditional Uses in the R-1 Resi- dential District Regulations under the same standards, restrictions, and conditions provided for therein unless fur- ther identified below as a separate conditional use: 1) Group homes on lots no less than 400 square feet per resident provided that off-street parking is adequate to the expected need for such parking. (Ord. No. 2-82, § 5, 1-11-82) 4-108.5 Prohibited Uses 1) All uses prohibited in the R-1 Residential District. [See Section 4-104.5]. 2) (Reserved for future use). 4-108.6 Schedule of District Regulations District regulations for the R-5 Residential District shall be as set forth in the R-5 Schedule of District Regulations, hereby adopted by reference and declared to be a part of this ordinance, and in Article V of this ordinance, entitled, "Supplementary District Regula- tions". Supp. No. 13 2510 § 4-109 APPENDIX A—ZONING § 4-109 Section 4-109 OR -1 Office -Residential district regulations 4-109.1 General Statement of Intent The OR -1 Residential District is primarily a high- density residential dwelling district permitting mixed professional office use. The regulations for this district are therefore designed to promote the same basic resi- dential living qualities sought in other residential dis- tricts [see Section 4-103 of this Article], consistent with the mixed use character of the district. In addition to residential and office use, certain low -intensity com- mercial uses for the primary convenience and service of district residents may be allowed in the OR -1 PUD zone as Conditional Uses by the Board of Adjustment upon a showing that proper standards and conditions are present to avoid adverse impact upon the residential living environment. It is contemplated that this district will be mapped only in areas where the service infrastructure is ade- quate to accommodate the uses permitted by these regu- lations. It is further contemplated that this district will generally be employed as a buffer or transitional zone between lower density residential districts and commercial or institutional districts. When superimposed with the PUD District designation a slightly different range and intensity of uses may be permitted in the OR -1 District than is otherwise per- mitted under this Section. The PUD District provisions and regulations may be superimposed upon the OR -1 District in accordance with Section 4-110 of this Arti- cle, entitled "PUD District Regulations". 4-109.2 Principal Permitted Uses In the OR -1 Office -Residential District no building, structure or land shall be used and no building or structure shall be built or altered to be used in whole or in part, unless otherwise specifically provided by this ordinance, except for the following purposes: Supp. No. 1 2513 § 4-109 DUBUQUE CODE § 4-109 1) Single family dwellings 2) Duplexes 3) Townhouses 4) Multiple -family dwellings 5) Non-commercial farms, gardens, nurseries, green- houses, public or private parks, and recreation areas 6) Churches, convents, and monasteries 7) Nursery schools and day-care centers 8) Public schools 9) Private and parochial schools for grades kinder- garten through the twelfth (12th) grade 10) Rooming or boarding houses serving no more than ten (10) roomers or boarders at any time 11) Professional office use, as defined in this ordi- nance. 12) Mortuaries and funeral parlors 13) Nursing or convalescent homes 14) Non-commercial art galleries, libraries, and mu- seums. 15) Parking lots and garages. (Ord. No. 47-75, § 1, 12-22-75) 4-109.3 Accessory Uses Accessory uses and buildings are permitted in the OR -1 Office -Residential District only in accordance with the provisions and regulations of Article V of this ordi- nance entitled "Supplementary District Regulations". 4-109.4 Conditional Uses The following Conditional Uses are permitted in the OR -1 Office -Residential District, but only in accordance Supp. No. 1 2514 § 4-109 APPENDIX A—ZONING § 4-109 with the provisions of Article VI of this ordinance governing the issuance of Conditional Use Permits : 1) Group Homes on lots of no less than 400 square feet per resident provided that off-street parking is adequate to the expected need for such parking. 2) Private clubs 3) Specialty shops for gift items, handcrafts and clothing, antique shops, floral shops and art gal- leries in structures or areas which have been des- ignated by the Dubuque City Council as histori- cally or architecturally significant, after public hearing and consultation with appropriate author- ities and civic groups. Conditional Use Permits for such uses may be granted by the Board of Adjust- ment only on finding that the proposed use, type of merchandise to be sold, the number of persons or employees on the premises and other operational aspects of the proposal are compatible with the in- tended historical or architectual character of the area, and that business hours shall be limited to the hours between 9 a.m. and 9 p.m. 4) Cabarets or restaurants in structures or areas which have been designated by the Dubuque City Council as historically or architecturally signifi- cant, after public hearing and consultation with the State Historical Preservation Offices and Dubu- que County Historical Society. A conditional Use Permit for such uses may be granted by the Board of Adjustment only on finding that the proposed use, any change, alteration or modification of the external appearance of the building, improvement, or property, the number of persons or employees on the premises, and other operational aspects of the proposal are compatible with the intended his- torical or architectural character of the area. (Ord. No. 1-77, § 1, 2-7-77; Ord. No. 31-78, § 1, 6-5-78; Ord. No. 2-82, § 6, 1-11-82) Supp. No. 13 2515 § 4-109 DUBUQUE CODE § 4-109 4-109.5 Prohibited Uses The following uses are expressly prohibited in the OR -1 Office -Residential District: 1) Commercial uses as defined in this ordinance, ex- cept those uses specifically permitted by Section 4-109.2, Section 4-109.4, or Article V of this ordi- nance, entitled "Supplementary District Regula- tions". 2) (Reserved for future use). 4-109.6 Schedule of District Regulations Adopted Additional regulations for the OR -1 Office -Residential District shall be as set forth in the OR -1 Schedule of District Regulations, hereby adopted by reference and declared to be a part of this ordinance, and in Article V of this ordinance, entitled "Supplementary District Regulations". Supp. No. 13 2516 4-109.6 OR -1 Schedule of District Regulations PRINCIPAL PERMITTED USES Single Family Duplex or Boarding or Townhouse Rooming Houses Multiple Mortuaries or Professional Family Funeral Parlors Offices Minimum Required Lot Area (in square feet) 5000 2000 per D.U. 1000 Sq. Ft. 600 per D.U. 20,000 per bed + 500 per bedroom 2500 Minimum Required Frontage (in feet) 50 70 90 50 Minimum Required Front Yard Setback (in feet) 20 30' on arterial streets 20' on all other 20 Minimum Required Side Yard Setback (in feet) 6 10 6' + 2' per story over the first Minimum Required 8' on corner lots Rear Yard Setback 10' plus 2' per story over the first on all (in feet) other lots 20' 10'-{-2'per story over the first Minimum Required Off -Street Parking Spaces 2.0 per D.U. 1.5 per D.U. 1.0 per bed 1.5 per D.U. 1.0 per 100 Sq. Ft. of Floor Area 1.0 per 400 Sq. Ft. of Floor Area Maximum Building Height (in feet) 35 60 35 60 Maximum Lot Coverage (as a % of Total lot area) 40 50 50 ACCESSORY CONDITIONAL USES USES [See Note 1 below] All Other Private Clubs Group Homes • a°� Q o� .4+2 a?o A 4o r -I o� Ow ho �md ..od ru +s .- a cd k�A --I• n. ce ung .4-1 °? 100.i E4g cao ;id Cd t 4-,:? r0 o 4.3 ca a� ®-M y Po5 i' ani oo ro .). 0 CI) .1:$ ri2cn) `/ cp 6000 400 per resident 70 50 30' on arterial streets 20' on all others 20 10' + 2' per story over the first 6 10' + 2' per story over the first As specified by the Board of Adjustment but not less than 1.0 per 300 Sq. Ft. of Floor Area 40 35 40 NOTE: 1) Standards and procedures governing the issuance of Conditional Use Permits are contained in Article VI of this Ordinance and should be read in con- junction with this schedule. (Ord. No. 2-82, § 7,1-11-82) Supp. No. 13 2517 § 6-106 APPENDIX A—ZONING § 6-106 limitations, and all other standards or conditions contained in the provisions authorizing such use. 6-106.4.2 Adequate utility, drainage and other neces- sary facilities or improvements have been or will be provided. 6-106.4.3 Adequate access roads or entrance and exit drives will be provided and will be designed so as to prevent traffic hazards and to minimize traffic conflicts and congestion in public streets and alleys. 6-106.4.4 All necessary permits and licenses required for the operation of the Conditional Use have been obtained, or it clearly appears that such permits Supp. No. 1 2618.1 § 6-106 APPENDIX A -ZONING § 6-106 are obtainable for the proposed Conditional Use on the subject property. 6-106.4.5 All exterior lighting fixtures are shaded wherever necessary to avoid casting direct light upon any property located in a residential district. 6-106.4.6 The location and size of the Conditional Use, the nature and intensity of the activities to be in- volved or conducted in connection with it, the size of the site in relation thereto, and the location of the site with respect to streets giving access to the Conditional Use, shall be such that it will be in harmony with the appropriate and orderly develop- ment of the district and neighborhood in which it is located. 6-106.4.7 The location, nature and height of buildings, structures, walls, and fences on the site and the nature and extent of landscaping and screening on the site shall be such that the use will not un- reasonably hinder or discourage the appropriate development, use and enjoyment of adjacent land, buildings and structures. 6-106.4.8 The proposed Conditional Use will not cause substantial injury to the value of other property in the neighborhood in which it is located and will contribute to and promote the convenience and welfare of the public. 6-106.4.9 Additional Standards for Granting a Condi- tional Use Permit for a Change in Non -Conform- ing Uses Where an applicant seeks a Conditional Use Permit for the purpose of changing from one non -con- forming use to another non -conforming use, as provided in Section 2-106.3 of this ordinance, no Conditional Use Permit for such change shall be granted unless and until the Board further de- termines, in addition to the findings required by 2619 § 6-106 DUBUQUE CODE § 6406 subsections 6-106.4.1 through 6-106.4.8 of this Section, that the proposed non -conforming use is more appropriate to the purpose and character of the zone in which it is located than the existing non -conforming use. The granting of any Condi- tional Use Permit under this subsection shall not be deemed to otherwise authorize in the district involved any use not specifically listed as a Per- mitted or Conditional Use for the district and the new non -conforming use allowed by the permit shall be subject to all provisions of Article II of this ordinance to the same degree and extent as the prior non -conforming use. The Board may solicit the opinion or advice of the Planning and Zoning Commission, its staff, or any other public agency or employee(s) whose advice the Board considers necessary to properly make the determinations required by this Section. However, such advice may not be relied upon in whole or in part as a basis for the ultimate de- cision to grant, conditionally grant, or deny the Conditional Use Permit unless such advice is pre- sented to the Board in writing, is read or otherwise publicly presented at the public hearing, and is specifically identified as a determining considera- tion in the Board's final written decision. 6-106.5 Conditions and Restrictions on the Conditional Use Permit In granting a Conditional Use Permit, the Board may impose any conditions or restrictions it reasonably con- siders necessary to insure full compliance with the standards of Section 6-106.4 of this Article, to reduce or eliminate any detrimental effect of the proposed Conditional Use upon the neighborhood or the district, or to carry out the general purposes and intent of this ordinance. Violation of such conditions and restrictions, when made a part of the terms under which a Condi- tional Use Permit is granted, shall be deemed a viola- tion of this ordinance. 2620 § 10-101 APPENDIX A—ZONING Art. XI 5. Reclassification of property. 6. Planned unit development procedures (including requested expansions of C-6 or ID Districts subject to PUD procedures.) 7. Site plan review. 8. Temporary sign certificate. (Ord. No. 4-83, § 1, 3-12-83) Section 10-102 Amount of fee The amount of each fee shall be established by resolution of the city council in an official schedule of planning and zoning fees. (Ord. No. 4-83, § 1, 3-12-83) Section 10-103 Payment All fees shall be collected by the city development planner at the time of application for deposit with the city treasurer. (Ord. No. 4-83, § 1, 3-12-83) Section 10-104 Exempted from fees No fee is required for applications filed in the public interest by members of the city council, the planning and zoning commis- sion, the board of zoning adjustment or the city manager. (Ord. No. 4-83, § 1, 3-12-83) 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. Supp. No. 17 2637 Art. XI DUBUQUE CODE Art. XI 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 both, are provided for direct or indirect compensation to not less than three (3) and not more than ten (10) unrelated persons. Supp. No. 17 2638 Art. XI APPENDIX A—ZONING Art. XI Car wash — any building, structure, or facility designed or used for the washing or waxing of automobiles by me- chanical means. Club (private) — a non-profit voluntary association of persons for the promotion of the same purposes or philosophy. The permitted uses of a building owned or leased by such an association shall include all customary club activities such as lectures, discussions, meetings, social or recreational events, and similar activities, and shall also include as an accessory use the sale of food or alcoholic beverages, but only where limited to club members and guests and only in conformance with all state and federal regulations. Conditional use — a use which is permitted in a district only upon a finding by the Board of Adjustment that the pre- requisite conditions specified by this ordinance are present. For purposes of this ordinance, a Conditional Use shall be considered to be identical with a Special Exception. Commercial use — any use, a principal part of which in- cludes the furnishing for profit of a good or service to or for the general public. Subject to the specific exceptions listed below, any profit -motivated use involving the furnishing of a good or service in connection with which a) an attempt is made to attract the general public through advertising or other means, or b) the general public in fact purchases, receives or con- sumes a principal portion of the goods or services furnished, shall be considered a commercial use. Exceptions : The following uses shall not be considered com- mercial uses within the meaning of this definition : a) Athletic or fine arts events and customarily incident concessions operated in conjunction with such events. b) Uses or activities meeting the definition of a commer- cial use given above, but carried on for not more than three consecutive days and on not more than five days, whether consecutive or not, within any month. Supp. No. 4 2639 Art. XI DUBUQUE CODE Art. XI Day-care center (or nursery school) — an establishment regularly providing temporary supplemental parental care or educational instruction for infants, pre-school children, or school-age children under twelve (12) years of age outside of regular school hours. This definition shall not include, how- ever, establishments where such care or instruction is pro- vided by a person or persons related to all such infants or children by blood, marriage or formal adoption. Department store—any retail store offering multiple lines or categories of merchandise which exceeds sixty thousand (60,000) square feet in floor area devoted to sales, display, or storage. (Ord. No. 48-78, § 1, 8-21-78) Drive-in restaurant -- any facility or establishment de- signed or used for the sale, dispensing, or serving of prepared food, refreshments, or beverages to patrons for consumption in automobiles or for off -premise consumption, including all restaurants advertising, offering, or allowing "carry -out" service. Duplex -- a dwelling containing exactly two (2) dwelling units. Dwelling — any building or portion thereof containing one (1) or more dwelling units, but not including motels, hotels, rooming or boarding houses, institutions, or con- valescent or nursing homes. Dwelling, single family -- a dwelling containing not more than one (1) dwelling unit. Dwelling, multiple family -- a dwelling containing three (3) or more dwelling units, but not including a townhouse. Dwelling unit — one or more connected rooms having com- plete kitchen facilities and arranged, designed or used as living quarters for one family only. Family — a person or group of people occupying a dwelling unit and composed of 1) an individual and any number of other persons related to such individual by blood, marriage or formal adoption, plus 2) not more than 2 other persons Supp. No. 4 2640 Art. XI APPENDIX A -ZONING Art. XI unrelated to such individual by blood, marriage, or formal adoption. Flammable or explosive materials — any substance which decomposes through detonation or which is intense burning. For purposes of this ordinance, any substance which is con- sidered an "explosive" or a "flammable liquid" as defined in Division IV of Article I of the City of Dubuque Fire Code shall be considered a "flammable or explosive material". Frontage — all the property on one side of a street be- tween two intersecting streets (crossing or terminating), measured along the side of the street, or if the street is dead - ended, then all of the property abutting on one side between an intersecting street and the deadend of the street; or if the street is a continuous street running through a subdivision, then all property on one side of the street measured between the boundary lines of the subdivision. Floor area (gross) — the terms "floor area" and "gross floor area" shall be considered identical under this ordinance, and shall mean the sum of the gross horizontal areas of the floors of a building contained within the exterior walls there- of, expressed in square feet. The floor area of structures de- voted to bulk storage of materials shall be determined on the basis of height, with each ten (10) feet or fraction thereof to count as one floor. "Floor area" when prescribed as the basis of measurement for off-street parking or loading spaces for any use, shall mean the sum of the gross horizontal areas of the several floors of the building, or portion thereof, devoted to such use, including accessory storage areas located within selling or working space such as counters, racks, or closets, and any basement or cellar floor area devoted to retailing activities, to the production or processing of goods, or to business or pro- fessional offices. Garage — a structure or building or portion thereof in which one or more cars are parked or stored. Garage (private) — an accessory building or an accessory portion of the principal building, including a carport, which 2641 Art. XI DUBUQUE CODE Art. XI is intended for and used for storing the privately -owned motor vehicles, boats and trailers of the family or families resident upon the premises, and in which no business, service, or in- dustry connected directly or indirectly with motor vehicles, boats and trailers is carried on; provided that not more than two-thirds of the parking spaces therein may be rented for the storage of motor vehicles, boats and trailers of persons not resident on the premises, except that all the parking spaces in a garage of one, two, or three car capacity may be so rented. Gas stations — building and premises where gasoline, oil, grease, batteries, tires, and automobile accessories may be supplied and dispensed at retail, and where in addition the following services may be rendered and sales made, and no other: 1. Sales and servicing of spark plugs, batteries, and dis- tributors and distributor parts ; 2. Tire servicing and repair, but not recapping or re - grooving ; 3. Replacement of mufflers and tail pipes, water hose, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wiper blades, grease retainers, wheel bearings, mirrors, and the like; 4. Radiator cleaning and flushing; 5. Washing and polishing, and sale of automotive washing and polishing materials; 6. Greasing and lubrication ; 7. Providing and repairing fuel pumps, oil pumps, and lines ; 8. Minor servicing and repair of carburetors ; 9. Emergency wiring repairs; 10. Adjusting and repairing brakes; 2642 Art. XI APPENDIX A—ZONING Art. XI 11. Minor motor adjustments not involving removal of the head or crankcase or racing the motor ; 12. Sales of cold drinks, packaged foods, tobacco, and simi- lar convenience goods for gas station customers, as accessory and incidental to principal operation ; 13. Provision of road maps and other informational ma- terial to customers; provision of restroom facilities. Uses permissible at a gas station do not include major me- chanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition, or other work involving noise, glare, fumes, smoke, or other characteristics to an extent greater than normally found in gas stations. A gas station is not a repair garage or body shop. Group home — any group of persons not meeting the defi- nition of a family and occupying a single dwelling unit, but not including a boarding or rooming house. Home occupation — a business operated as an accessory use to a residential dwelling unit and subject to the pro- visions of Article V of this ordinance. Housing for the elderly, handicapped and disabled—a dwelling designed, maintained, and operated for exclusive occupancy by el- derly, handicapped and disabled persons who constitute an elderly family as defined by the regulations of the United States Depart- ment of Housing and Urban Development and providing that one dwelling unit may be used for a resident manager who shall be exempt from occupancy age limitations. (Ord. No. 12-78, § 4, 3-20-78; Ord. No. 45-81, § 1, 8-17-81) Loading space, off-street — space logically and conveniently located for bulk pickups and deliveries, scaled to delivery ve- hicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Required off- street loading space is not to be included as off-street parking space in computation of required off-street parking space. Supp. No. 11 2643 Art. XI DUBUQUE CODE Art. XI Lot — for purposes of this ordinance, a lot is a parcel of land of at least sufficient size to meet minimum zoning re- quirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street, or on an approved private street, and may consist of : 1. A single lot of record ; 2. A portion of a lot of record ; 3. A combination of complete lots of record, of complete lots of record and portions of lots of record, or of por- tions of lots of record ; 4. A parcel of land described by metes and bounds ; pro- vided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this ordinance. Lot frontage — the front of a lot shall be construed to be the portion nearest the street. For the purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under Yards in this Arti- cle. Lot measurements — 1. Depth of a lot shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear. 2. Width of a lot shall be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard, provided however that width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than eighty (80) per cent of the required lot width except in the case of lots on the turning circle of culs-de-sac, where the eighty (80) per cent requirement shall not apply. Supp. No. 11 2644 Art. XI APPENDIX A—ZONING Art. XI Lot of record — a lot which is part of a subdivision re- corded in the office of the County Recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded. Lot types — the diagram below illustrates terminology used in this ordinance with reference to corner lots, interior lots, reversed frontage lots and through lots : Supp. No. 3 2644.1 CODE COMPARATIVE TABLE Section Ord. No. Date Section this Code 5-83 3-12-83 1 34-19 6-83 3-12-83 1 31-18 7-83 3-12-83 1 14-26 8-83 3-12-83 1 14-27 9-83 3-12-83 1 18-52 10-83 3-12-83 1 7-33(a) 11-83 3-12-83 1 36-161 12-83 3-12-83 1 36-56 15-83 3-14-83 1 191/2-6.1(b) 2 191/2-6.2(b) 16-83 3-14-83 1 13-106 17-83 3-14-83 1 13-44 18-83 3-21-83 1 25-210(b) Supp. No. 17 2987 (The next page is 3001) CODE INDEX C CABLE SERVICE DELIVERY FRANCHISE (Appendix B) Section (Note—Section citations refer to sections contained within Ap- pendix B, Cable Services Delivery Franchise) Definitions 3 Design of system 6 Grant of franchise 4 Intent 2 Local regulations 8 Miscellaneous provisions 10 Protections for subscriber 9 Service area 5 Short title 1 Standards 7 Subscriber protections 9 System design 6 CABLE TELEVISION Cable regulatory commission Established; purposes and duties 36-176 Intent 36-175 Meetings; procedures 36-178 Membership; terms of office; officers 36-177 Community tele -programming commission Established; purposes and duties 36-172 Intent 36-171 Meetings; procedures 36-174 Membership; terms of office; officers 36-173 Rates Authority for establishment of 36-179 Definitions 36-180 Monthly subscriber rates and charges 36-183 Other rates not to be charged 36-184 Payments by subscriber 36-181 Refunds for cancellations 36-182 CALLINGS Occupational license requirements in general 24-1 et seq. Licenses and permits. See that title CANVASSERS Peddlers' regulations 28-1 et seq. Peddlers, canvassers and solicitors. See that title CARNIVALS. See: Circuses, Carnivals and Menageries CATS Dogs and cats, regulations re 7-16 et seq. Animals and fowl. See that title Supp. No. 16 3019 DUBUQUE CODE CELLAR DOORS Section Opening on streets 33-4(5) CELLARS AND BASEMENTS Housing standards 20-104 Housing. See that title CENTRAL MARKET Area delineated 24-25 Bakery goods, regulations for sale 25-26(b)(3) Display of merchandise Merchandise permitted; limitations and prohibitions., 24-26(6)(4) Homemade jellies, catsup, etc. Limitations and prohibitions on sale 24-26(b)(2) Inspection of merchandise 24-32 Confiscation of unfit food 24-32 Limitations and prohibitions on display, sale, etc. 24-26(b) Market area delineated 24-25 Market master Designated; duties 24-30 Market stalls Establishment of 24-27 Stall use permits. See within this title that subject Permitted merchandise to be sold, displayed, etc. 24-26 Protection of foodstuffs from exposure to flies, dust, etc24-26(b)(5) Stall use permits Fee 24-27 Issuance 24-27 Restricted to Central Market area 24-28 Revocation 24-29 State laws relating to licensing inspection and taxation Compliance with 24-26(b)(1) Traffic regulations 24-31 Weights and measures 24-33 CHAPLAIN SCHMITT MEMORIAL ISLAND. See: Parks and Recreation CHARTER Citation of charter 2-17 Form of government 2-18 Powers and duties 2-19 Purpose 2-16 CHIEF EXECUTIVE OFFICER Mayor designated 2-83 Mayor and mayor pro tem. See also that title CHIMES, BELLS, ETC. Defined 24-1 Miscellaneous business licenses 24-3(1) Supp. No. 16 3020 CODE INDEX FOOD AND FOOD SERVICES—Cont'd. Section Food and beverage vending machines Disciplinary action for violations, unsanitary conditions, etc. 16-25 Inspection of vending machine commissaries, vending ma- chines, etc. 16-24 License to operate Application for Agreement to maintain list, make available 16-19(b) Form; information 16-19(a) Exemption for operators of certain machines 16-18(b) Expiration, renewal 16-18(a) Fees 16-20 Food establishment, food -service licensing requirements Licensed vending machines excepted from 16-22 Identification thgs for individual machines 16-23 Nontransferable 16-21 Required 16-18(a) Violations Disciplinary action for 16-25 Food -service establishments Food service sanitation ordinance Adopted 16-6 Amendments 16-8 Definitions 16-7 License to operate Fee 16-9 Violations; penalties 16-10 Housing; food preparation 20-5 Housing. See that title Market restrictions 24-33 et seq. Milk and milk products ]6-28 et seq. Milk and milk products. See that title Peddlers' restrictions 28-1 et seq. Peddlers, canvassers and solicitors. See that title Rooming houses; food service and dining facilities 20-5.01(b) Housing. See that title Slaughterhouses and meat -packing plants 16-48 et seq. Slaughterhouses and meat -packing plants. See that title FOREST PRESERVE E. B. Lyons Forest Preserve and Nature Center 27-88 FORFEITURES. See: Fines, Forfeitures and Penalties FORM OF GOVERNMENT Charter provisions 2-16 et seq. Charter. See that title Supp. No. 15 3039 DUBUQUE CODE FORTUNETELLERS, ETC. Section Licenses Applications 24-47 Fees 24-48 Required 24-46 FOWL. See: Animals and Fowl FRANCHISES Cable services delivery franchise (Appendix B). See that title Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordi- nance of this code G GAMBLING Generally 26-69 Houses, keeping 26-71 Seizure and destruction of devices 26-72 Slot machines 26-70 GARAGE AND TRASH Accumulations, unlawful 17-20 Burning or incinerating garbage or refuse Air quality considerations for permitted burning 17-4 Cancellation of permitted burning 17-5 City -operated or city -licensed incinerators, exception for 17-1(b) Outdoor cooking appliances for residential recreational pur- poses, exception for 17-1(c) Prohibited except by permission 17-1(a) Special permission to burn landscape wastes (garden wastes, tree clippings, small brush, leaves and other landscape generated waste) 17-3 Charges Amounts, expenditures 17-36 Billing and collecting 17-37 City collection service Areas of collection 17-33 Availability of service 17-32 City manager's authority generally 17-31 Supp. No. 15 3040 CODE INDEX HANDICAPPED PERSONS Section Parking spaces for 25-344 et seq. Traffic. See that title HAWKING Peddlers' regulations 28-1 et seq. Peddlers, canvassers and solicitors. See that title HEALTH AND SANITATION Ambulances 18-16 et seq. Ambulances. See that title Board of health Clerk designated 2-121 Established 18-1 Dance hall premises, cleanliness 6-99 Public dances and dance halls. See that title Expectorating, spitting on sidewalks 33-3 Food and food handlers 16-1 et seq. Food and food services. See that title Garbage and trash 17-1 et seq. Garbage and trash. See that title Housing standards 20-1 et seq. Housing. See that title Livestock kept in city 7-2 Animals in general. See: Animals and Fowl Meat -packing plants 16-48 et seq. Slaughterhouses and meat -packing plants. See that title Milk and milk products 16-28 et seq. Milk and milk products. See that title Rabies control regulations 7-45 et seq. Dogs and cats. See: Animals and Fowl Roller skating rinks, sanitation requirements 6-150 Slaughterhouses 16-48 et seq. Slaughterhouses and meat -packing plants. See that title HEATING, AIR CONDITIONING AND VENTILATING Housing 20-1 et seq. Housing. See that title Mechanical code Adopted 19-1 Amendments 19-2, 19-3 HEREDITAMENTS Definitions for interpreting code 1-2 HIGHWAYS Street defined to include Streets in general. See: Streets and Sidewalks Supp. No. 14 3044.1 1-2 DUBUQUE CODE HISTORICAL PRESERVATION Section Commission. See within this title: Historic Preservation Commission Definitions 191/2-2 Demolition Structures in historic districts 191/2-7 Historic buildings 20-14.03 Housing. See that title Historic districts Alteration of structures in 191/2-8 Demolition of structures in 191/2-7 Identification and designation of 191/2-6 Langworthy historic preservation district Designated, review standards adopted 191/2 -6.1 Old Main Historic District Designated; review standards adopted 19 V -6.2 Historic preservation commission Appeals from decisions of commission 191/2-10 Appointment of members 19'/2-3(b) Chairman, vice-chairman 191/2-4(a) Compensation of members 191/2-3(g) Composition 191/2-3(a) Meetings 191/2 -4(d) Officers, election of 191/2-4(a) Operating procedures 191/2-5 Powers and duties generally 191/2-5 Quorum 191/2 -3(h) Record of its proceedings, actions, etc. 191/2-4(d) Residency requirements 191/2-3(a) Review of plans 191/2-9 Rules or bylaws for transaction of business 191/2-4(c) Secretary 191/2 -4(b) Terms of office of members 19% -3(c), (e) Vacancies, filling 191/2 -3(d), (1) Purpose and intent of provisions 191/2-1 Review of plans Procedure for 191/5-9 Violations Penalties 191/2 -11 HOGS Animals at large, etc. 7-2 Animals in general. See: Animals and Fowl HOLIDAYS Computing time for interpreting code 1-2 Supp. No. 14 3044.2 CODE INDEX INCINERATORS Section Burning or incinerating garbage and trash; sale of incinerators . 17-1 et seq. Garbage and trash. See that title INDECENCY AND OBSCENITY Indecent exposure 26-11 Lewd places 26-8 Prostitution. See that title Parks; indecent language; indecent exposure 27-47,27-48 Parks and recreation. See that title INDUSTRIAL DEVELOPMENT Property tax exemption 35-12 Taxation. See that title INDUSTRIAL PROJECTS Industrial revenue bonds Financing fee 11'/2-127 Investigation fee 11'/2-126 INOCULATION Rabies control regulations 7-45 et seq. INSECT AND RODENT CONTROL Housing 20-1 et seq. Housing. See that title INTERSECTIONS Ordinances saved from repeal, other provisions not included herein. See the preliminary pages and the adopting ordinance of this code Traffic. See that title INTERSTATE COMMERCE Peddlers' provisions 28-22 Peddlers, canvassers and solicitors. See that title INTOXICATING LIQUOR Alcoholic beverage regulations 5-1 et seq. Alcoholic beverages. See that title INTOXICATION Public drunkenness 26-9 IOWA, STATE OF. See: State ITINERANT MERCHANTS Peddlers' regulations 28-1 et seq. Peddlers, canvassers and solicitors. See that title Supp. No. 16 3051 DUBUQUE CODE J JACOB BRAKE Section Prohibited noise, noise regulations, etc. 26439 et seq. Noises. See that title JOINT AUTHORITY Word usage for interpreting code 1-2 JOINT COUNTY -MUNICIPAL ADMINISTRATION Created, etc Civil defense. See that title 11-16 et seq. JUNK DEALERS, SECONDHAND DEALERS AND PAWNBROKERS Construction tools Required notice upon receipt of 22-4 Definitions 22-1 Fencing requirements 22-5 Items governed by provisions 22-4 Licenses Fees Exemption for certain businesses 22-18 Required 22-17 Minors, dealing with 22-3 Purchases, security and consignment transactions Goods or materials covered by provisions 22-4 Minors, dealings with restricted 22-3 Records required 22-2 Salvage operations Fences required 22-5 JUNK STORAGE Housing restrictions Housing. See that title K KNIVES Concealed weapons Firearms and weapons. See that title L LABORERS Assembling for purpose of intimidation Human relations provisions Unfair employment practices Human rights commission. See that title Supp. No. 16 3052 20-107 26-12 26-31 21-1 et seq. 21-56 et seq. CODE INDEX LICENSES AND PERMITS—Cont'd. Section Excavations in streets 33-62 et seq. Streets and sidewalks. See that title Food and beverage vending machines. See: Food and Food Services Food -service establishments. See: Food and Food Serv- ices Fortunetellers and similar practitioners 24-46 et seq. Fortunetellers, etc. See that title Garbage and trash Private collection service 17-44 et seq. Garbage and trash. See that title Gasoline service stations 14-55 et seq. Service station licenses. See: Gasoline Service Stations, Tank Vehicles and Storage Tanks Going -out -of -business sales 24-60 et seq. Going -out -of -business sales. See that title Halls and theaters 6-128 et seq. Theaters and halls. See that title Housing 20-1 et seq. Housing. See that title Junk dealers, secondhand dealers and pawnbrokers 22-1 et seq. Junk dealers, secondhand dealers and pawnbrokers. See that title Liquor control licenses and beer permits 5-19 et seq. Alcoholic beverages. See that title Milk plants 16-36 Milk and milk products. See that title Motor vehicle registration and plates 25-77 et seq. Traffic. See that title Municipal waterfront and dock permits 26-112 et seq. Municipal waterfront and docks. See that title Noise variance permits 26-156 et seq. Noises. See that title Occupational licenses Applications 24-4 Changes in location 24-9 Effect of provisions 24-13 Exemptions 24-12 Expiration 24-11 Issuance 24-5 Miscellaneous businesses 24-3 Penalty for renewal of delinquent licenses 24-11 Proration of fees . 24-7 Records 24-6 Refund of fees 24-8 Required 24-2 Supp. No. 16 3054.1 DUBUQUE CODE LICENSES AND PERMITS—Cont'd. Section Revocation 24-10 Transferability 24-9 Supp. No. 16 3054.2 CODE INDEX PARKS AND RECREATION—Cont'd. Section Flora Park Description; placed under control and management of park and recreation commission; certain rights reserved .... 27-89 Supp. No. 16 3066.1